LAURENCE BALFE , Edward Quirk , late of the same place, labourer, otherwise called Edward Kirk, late of the same place, labourer, otherwise called Edward M'Quirk, killing: murder, 12 Jan 1769.

The Proceedings of the Old Bailey Ref: t17690112-22

Trial Summary:

• Crime(s): killing : murder
• Punishment Type: death : death and dissection, executed
  (Punishment details may be provided at the end of the trial.)
• Verdict: Guilty

Original Text:

108, 109. (M.) LAURENCE BALFE , late of the parish of Hanwell, in the country of Middlesex, labourer, and Edward Quirk , late of the same place, labourer, otherwise called Edward Kirk, late of the same place, labourer, otherwise called Edward M'Quirk, late of the same place, labourer, were indicted, together with a certain other person, to the jurors as yet unknown, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the eighth day of December, in the ninth year of the reign of our Sovereign Lord George the Third, king of Great Britain, &c. with force and arms at New Brentford, in the parish of Hanwell aforesaid, in the said county of Middlesex, in and upon one George Clarke , in the peace of God and of our said Lord the King, then and there, being feloniously, wilfully, and of their malice aforethought, did make an assault, and that the said person, to the jurors as yet unknown, with a certain stick, of the value of one penny, which the said person in his right-hand then and there had and held, the said George Clarke , in and upon the upper part of the head of him the said George Clarke , then and there feloniously, wilfully, and of his malice aforethought, did strike, giving to the said George Clarke , then and there, with the stick aforesaid, by the stroke aforesaid, in manner aforesaid, in and upon upon the upper part of the head of him the said George Clarke , one mortal wound of the length of two inches, and of the depth of half an inch, of which said mortal wound the said George Clarke , on and from the said eighth day of December, in the ninth year aforesaid, until and upon the fourteenth day of December, in the ninth year aforesaid, as well at New Brentford aforesaid, in the said parish of Hanwell, in the county of Middlesex aforesaid, as at the parish of Saint Mary le Bone, in the county of Middlesex aforesaid, did languish and languishing did live, and then and there, that is to say, on the said fourteenth day of December, in the ninth year aforesaid, at the parish of Saint Mary le Bone, in the county of Middlesex aforesaid, he the said George Clarke , of the mortal wound aforesaid, died. And that the said Lawrence Balfe , and Edward Quirk , otherwise called Edward Kirk , otherwise called Edward M'Quirk, feloniously, wilfully, and of their malice aforethought, were present, aiding, helping, abetting, comforting, assisting, and maintaining the said person, to the jurors as yet unknown, the felony and murder aforesaid, in manner and form aforesaid, to do and commit. And so the jurors, upon their oath aforesaid, do say, that the said person, so to the jurors as yet unknown, and the said Lawrence Balfe , and the said Edward Quirk , otherwise called Edward Kirk , otherwise called Edward M'Quirk, the said George Clarke , in manner and form aforesaid, feloniously, wilfully, and of their malice aforethought, did kill and murder, against the peace of our said Lord the King, his crown and dignity. * + || ++

The prisoners challenged Silver Crispin , William Sharp , and Lawrence De Rippe .

The Jury sworn.

Henry Atkins , Thomas Lovett , William Wilkinson , John Braithweight , Nathaniel Morgan , Thomas Taylor , Robert Gouland , William Halfpenny , Thomas Holgate , Alexander Sheen , William Creeland , Joseph Allen ,

Mr. Serjeant Leigh, Mr. Impey , and Mr. Adier , were Council for the Crown.

Mr. Serjeant Davy, Mr. Serjeant Burland, Mr. Walker , Mr. Lucas , and Mr. Murphy , were Council for the prisoners.

After Mr. Serjeant Leigh had stated the several facts, as they will appear in the trial,

Robert Jones , Esq; was sworn.

Examined by Mr. Impey.

Jones. I was at the election at Brentford; I came there about eleven or twelve o'clock, the 8th of last December.

Q. Did you stay there till the riot began?

Jones. Yes.

Q. What time was that?

Jones. It began between two and three. It went on very peaceably till between two and three; I cannot be particular to a minute.

Q. Please to give the court an account what part of the Hustings you was upon. Did you look north or south?

Jones. The Hustings was oblong. I really cannot describe the situation of the booth. There is a narrow butt goes down. I was on the farther angle, on the right-hand-side, down below from the door, on the farthest part from the door. The door is in the centre, in the narrow part of the oblong. I was looking towards the people round the Hustings. The first part of the riot I saw was a scuffle between some of the constables and some of the mob. This was opposite the narrow lane that goes down to some getlemen's houses. I am an utter stranger to Brentford. They very soon overpowered the constables.

Q. How did you distinguish the mob from the constables?

Jones. The greatest part of them had a labe in their hats, with Proctor and Liberty.

Q. At the distance you were, could you see that label to read the inscription upon it?

Jones. They came on the part where they overpowered the constables close to the Hustings, and there I distinguished it.

Q. Did these people appear to be a scattered people coming from different quarters, or did they appear to be a compact body?

Jones. At first they were scattered, till they gathered together on a rising ground, where they became a compact body, and then they made a regular attack; they beat and drove every person from the Hustings, and knocked down every person that stood in their way, and pursued many of those who ran from them.

Q. Did you see any blows struck?

Jones. I did; and I saw people fall, down that were struck.

Q. Please to look at the prisoners at the bar.

(He looks at them.)

Jones. They were both there, I know both of them.

Q. Did you know them before?

Jones. I never saw them before, as I know of.

Q. Did you see them before the riot began?

Jones. No.

Q. When was the first time you saw them?

Jones. The first time that I observed M'Quirk, I saw him strike, one or two persons, and they fell down.

Q. At what place and time did you first see him strike?

Jones. It could not be above three minutes from the first of my seeing him, that I saw him strike.

Q. How near was you to him when you first saw him strike?

Jones. He was about ten yards from me. He pressed on and struck another, and he fell down: then he went on, and joined the others. The mob threw bludgeons into the Hustings. At one time, there was one came in just where I was presented to the opposite side to shift for myself, and I saw no further of it.

Q. Pray what kind of weapons did this body me?

Jones. They were very large bludgeons.

Q. Had M'Quirk a bludgeon?

Jones. Yes, it was with that he struck.

Q. Did you see any more of it?

Jones. I saw no more of the riot then.

Q. Did you see the other prisoner there?

Jones. Yes, but I cannot say I saw him strike any body.

Q. Though you did not see him strike, did you see whether he had any thing in his hand?

Jones. I saw him with a stick in his hand, a brudgeon I think; they were rather larger than a walking-stick, therefore I call them bludgeon. They were about three feet long, some more, some less; he had one, and was waving it. He was near the other prisoner; M'Quirk was before him.

Q. You call M'Quirk's a bludgeon, and the other a stick; were the instruments, each of them had, of the same kind?

Jones. I take them to be near of the same kind, large sticks, or bludgeons.

Q. Did you observe the sticks that others had in their hands?

Jones. Yes, they were of the same kind.

Q. Have you since the riot seen the prisoner?

Jones. Yes.

Q. When did you see them?

Jones. That night. It was between ten and eleven o'clock that I saw them at the Shakespeare, in the Covent Garden.

Q. Had you any conversation with them?

Jones. I had.

Q. Give an account of it.

Jones. At the Shakespeare, at the time a gentleman asked me to go there. (It was Mr. Allen.) I asked what for. He told me a person was to meet him there. I asked him upon what business. He told me, that one of the people concerned in the riot at Brentford that day had told him, that he would meet him at the Shakespeare at ten o'clock, or thereabouts. Mr. Allen was obliged at that time to go to the House of Commons, and he desired me to go and stay there. I and Mr. Hannam accordingly went there. After staying some time, I began to suppose that the man had deceived Mr. Allen, and would not come. I was just going away, when a person sent up to know whether a gentleman was up stairs that had appointed to meet him. I desired him to come up. Balfe came into the room. As soon as he came into the room, I knew him immediately to be one of those people that I saw from the Hustings at Brentford that day: then Mr. Hannam was gone. When he came into the room, he told me he was not the man that had appointed to meet Mr. Allen there, but he was his friend, and he would come. I told him that person (meaning Mr. Allen) would be there soon, but it was no matter, we were friends, and he might relate what he had to say.

Serjeant Davy. I should be glad to know whether, when you told him you were friends, that you told him you was a friend to Mr. Allen, or to him, or a friend to the cause?

Jones. The man took Mr. Allen to be a friend of Sir William Beauchamp 's, and came there in consequence of that. I desired to know whether his friend was there, he said, Yes, and went and brought up M'Quirk. I knew M'Quirk immediately to be the same person I had seen at Brentford.

Q. How long might he stay before Quirk was brought up?

Jones. I cannot be certain how long; It was not a quarter of an hour. I told him that Mr. Allen would be there soon. I conversed with him concerning the affair at Brentford. Quirk told me he did not know what he should do. He came there to consult with Mr. Allen in regard to his safety. I told him he might safely let me know any thing he had to say to Mr. Allen. I asked him then how he came to be concerned in the riot.

Q. Had he said he had been concerned in the riot?

Jones. He had said he had.

Q. What led you to ask him that question?

Jones. Because I had seen him there: and when he came there, he did not suppose Mr. Allen or I intended to take him up, or take any advantage of what he should say.

Serjeant Davy. I object to this. This conversation relates to something that had passed between the prisoner and Mr. Allen before. I beg he may be asked whether Mr. Allen had told the witness, that he was to meet him there, to be encouraged, and to induce the prisoner to consider it as meritorious to declare what he had done at Brentford?

Justice Gould. I take, it my brother Davy's question points somewhat in this way, that when evidence is giving to the court upon the confession of the prisoner, the rule of law is this, That no confession ought to be produced but what is spontaneous, and not such that the party is drawn into by collusion.

Serjeant Davy. I think that the prisoner might be induced to boast of more than he had done.

Justice Gould. You suppose that this man was to host that he had knocked people on the head, in order to get a greater reward.

Serjeant Davy. I do not suppose Mr. Allen and these people meant that the man should say what he had not done, but if they talked of its being meritorious to the man, and the man was to think it meritorious, for which he was to have a reward, it was a natural encouragement for the man to increase that merit, and to say he had done more than in fact he had done.

Justice Gould. This is no sort of objection. I speak it in the hearing of my Lord Chief Baron, my brother Aston, and the Recorder, unless I mistake the rules of evidence. I look upon it, that where a man is intimidated with menaces, or drawn in by promises of favour, in that case no court of justice will ever permit such a confession it is against the very genius of the law of England to be given in evidence. What! if a man, without promising any favour, without rentening or menaces. In order to discover the truth, uses a stratagem to find out what the man has done, I do not see that that is not to be seen in evidence; I have no conception that that is an objection; I do not find they may escape with impunity, if you discover what you have done, or be sent to gaol if you do not, but only it was a stratagem of those people to get at the truth.

Serjeant Davy. The witness said, that he might safely let them know.

Justice Aston. I think this man should go on in his examination; he has said, that he told him he might safely let him know any thing he had to say to Mr. Allen, and he asked him how he came in the riot; he said he had seen him at Brentford, and the man did not suppose that Mr. Allen or he would take any advantage of him. Let the gentleman go on, it will be open for observation afterwards.

Q. What did the man say to that?

Jones. He made no answer to that, but I asked him immediately that question, how he came to be concerned in the riot, and by whose desire it was; he told me he was hired by a person, whose name was Tetam, or Chettam, and he was to have the same wages as at Northampton election; he said he was hired to go down there; that this Tetam was agent to Lord Hallifax; that the wages was two guineas a week, victuals and drink for himself; and as many men as he brought should have the same; and thought they had done their work completely for that day.

Q. Was the other prisoner present?

Jones. He was. I asked him whether he intended going down the next day if the poll continued.

Q. Which did you ask?

Jones. I addressed myself chiefly to Quirk. He said, he could not tell that, he was afraid there was such work done that day, that he believed it would be better for him to go to Dover in his way to Calais next morning. I had very little more conversation with him with regard to that, mentioning some particular parts of the riot, as I was a spectator. Balfe mentioned to me that he was hired by Broughton, and that he was to have a guinea for going down, whether it was for one day or two. He said, that though he was there, he had not struck any person, but it was such bad work, that he would not go down the next day if he was wanted. He told me, he had no dinner, as he was called down to clear the Hustings to make way for Sir William Beauchamp 's friends. I told him then, that he might go and eat some beef-stakes below stairs if he chose it. I stayed till Mr. Allen came, and then I went away.

Q. Have you ever seen either of them since?

Jones. I have. I saw them in the Round-House. They were taken to the Round-House that night. I went down to Appleby's in Parliament-Street. I gave information to Mr. Horne and others of this transaction, who thought it proper to secure these people. I returned with these gentlemen, and we took them to Sir John Fielding 's. We mentioned the affair to him; he desired we would take a constable and secure them till the next day.

Q. Where did you find them?

Jones. They were still at the Shakespeare. I had left Mr. Allen with them then at the Round-House. When M'Quirk found that I was not his friend, he denied great part of what he had before confessed. He did not deny his being there, but denied his either striking or beating any person.

Q. You say, he denied great part of what he confessed as to the striking, was that part of what he had confessed before?

Jones. Yes.

Serjeant Davy. That is a leading question.

Mr. Impey. I did not mean to lead the witness, and if you knew me, I would not do it.

Serjeant Davy. I know you would not.

Justice Gould. We are trying two men here for murder; let us do it with all gravity. Asking that question is improper; it is an illegal question. Do you recollect any thing move that this man said at the Tavern? That is the general question.

Jones. I would rather say too little than too much upon such an occasion.

Q. What did you mean by saying he denied great part of what he had confessed before at the Tavern? Did he deny having struck any body?

Jones. He confessed to me and the other gentleman, that he had orders to play about him (that was his expression) and said that he did play about him to some purpose. When he was brought to the Round-House, we wanted him to make the same confession there that he had at the Tavern, but he then grew sulky, and would not say any thing. He was ordered by the keeper of the place to be sent down; there is a place below; Balfe continued up, and he confessed before the gentleman there the same that he had before at the Tavern.

Q. What did he say at the Round-House?

Jones. He said, that he was there; that he was hired, but that he did not strike any body, and would not go again. He repeated in effect the same words he had said before.

Justice Gould. Have you found out what these men are? What is their employment?

Jones. They told me, they were chairmen.

Justice Gould. Did they mention any part of the town where they were employed?

Jones. No.

Cross Examination.

By Serjeant Davy.

Counsel. You are no voter?

Jones. No.

Q. Did you know Clarke?

Jones. No.

Q. He was no voter, I believe?

Jones. That I do not know.

Q. I think you say, the first disturbance you saw, was between two and three o'clock?

Jones. Yes.

Q. No disturbance before?

Jones. I did not see any.

Q. Had you seen a number of people before in the day, with sticks and bludgeons in their hands? I do not know what to call them.

Jones. I saw a great many people with sticks in their hands by the Hustings, and I saw the constables take them from them.

Q. Had the poll began before you came?

Jones. I could not for a long time get to the Hustings.

Q. At what time did you get there?

Jones. It was past twelve.

Q. How long had the poll begun at that time?

Jones. I cannot say.

Q. Then you stayed upon the Hustings till the riot?

Jones. I did, till the pole was adjourned.

Q. Did you observe, in the beginning of the pole, I believe, that the number of voters for Mr. Serjeant Glyn was much greater than the number of those for Sir William Beauchamp Proctor?

Jones. To be positive with regard to that, I cannot; I know the majority was supposed to be great. There seemed a greater number of Mr. Glyn's voters than of the others.

Q. Did not you observe, that the proportion in favour of Serjeant Glyn gradually decreased by two o'clock?

Jones. I did not. I think to the contrary.

Q. You misunderstand me. I do not ask you with respect to the number of people that were about the Hustings, but of the voters. I want to know whether the number of voters were not very greatly superior in behalf of Mr. Serjeant Glyn, at the beginning of the day, and whether they did not very much decrease, and Sir William Beauchamp Proctor's numbers were getting up, so as to get, in all likelihood, a majority?

Jones. It did not appear so to me; I cannot speak positively as to that.

Q. Whether at looking at the books, you looked round and saw the whole, as you was there as a friend to Serjeant Glyn?

Jones. I went out of curiosity.

Q. But you went to serve Serjeant Glyn?

Jones. No. If I had had a vote, I would have given it the Serjeant.

Q. As you was a man of curiosity and had no particular business there, I want to know whether your curiosity did not lead you to look round the poll books, so as to enable you to answer this question? My question is, whether you did not find the Serjeant's poll decreasing, at the time of the riot?

Jones. I cannot give a particular answer: I think otherwise.

Q. What led you to think so?

Jones. That is a very odd question. It was from my observation.

Q. Did you observe the books?

Jones. Yes.

Q. From that inspection you thought otherwise?

Jones. Yes.

Q. Upon your oath did not you understand at that time, though you did not look at the poll books particularly; did not you understand the opinion of your friends about you, that Serjeant Glyn's majority had very much decreased to what it had been in that day?

Jones. I answer upon my oath, I did not hear such an observation made.

Q. Upon your oath were there not some people (I do not mean people that had votes, or whether they had or no, I do not know) there with the names upon their hats of Proctor and Liberry, that were known friends to Serjeant Glyn?

Jones. Not any thing of that sort came to my knowledge.

Q. Were the people who had the words Proctor and Liberty in their hats shouting for Serjeant Glyn?

Jones. Not that I know.

Q. Were the people with the names Proctor and Liberty, bearing the voters of Sir William Beauchamp Proctor?

Jones. I told you before, they beat indiscriminately every man they met with,

Q. You yourself know nothing of any people being hired on the behalf of Serjeant Glyn?

Jones. I do not.

Q. You say you was led by curiosity; was you, or was you not, very busy and active in behalf of Serjeant Glyn?

Jones. The first day I was no more than a spectator upon the Hustings, merely looking on.

Q. Then you did not assist any body up to the Hustings?

Jones. No. I was not off the Hustings during the whole time.

Q. You saw the mob coming towards the Hustings, at some considerable distance before they came there?

Jones. The distance is not far. From the Hustings to the houses is not a great deal farther than to these houses. (Pointing across the Court-Yard.)

Q. Were not the people upon the Hustings thrown into confusion by the arrival of the mob at the Hustings?

Jones. The confusion began, I think, as they came and attacked the angle of the Hustings where I was.

Q. That is my question. Whether the people were in great confusion upon the Hustings, by the arrival of the mob there?

Jones. Where the constables opposed them, that was very near the Hustings.

Q. How long was it after the arrival of the people, before the poll was cleared?

Jones. I cannot be positive. I do not believe it was above ten minutes.

Q. Was it five minutes?

Jones. I cannot be positive as to the minutes. I was under apprehensions of my life, so that I cannot be positive.

Q. It is from that reason, that I am led to ask this question. The first is, whether you was not all thrown into confusion and consternation, by the arrival of the people?

Jones. I saw it coming on. I saw these people. I was not destitute of my senses, though I was alarmed.

Q. Did you know where Clark stood?

Jones. I never saw him, either dead or alive, that I know of.

Q. Was you employed, or did you employ yourself rather, in sending intelligence to the agents about the election that day?

Jones. Not at all. I went to look at one book and another round there, as my curiosity led me. Whenever I saw a friend, a gentleman of Mr Glynn's side, I told him, that I saw such a book, and there was a majority in that page.

Q. Did you not do Mr. Serjeant Glyn all the service, that lay in your power?

Jones. I was not employed by him.

Q. I ask you, if you did not busy yourself in that cause?

Jones. I told the friends of the Serjeant that came to poll, that I looked down the books, and there was perhaps eight to ten, or ten to twelve, majority.

Q. Did you mean by that, to serve the Serjeant?

Jones. I could be of no service to him.

Q. Whether the intent of your going to the Shakespeare was, or was not, to make these unhappy men believe, that you were friends of Sir William Beauchamp Proctor; and to induce, them, in expectation of encouragement, to make some confessions, with the design, when such confessions were made, to entrap them by those confessions?

Jones. I had no design when I went there. Though I had no reason to disbelieve the gentlemen that told me of it, yet I staggered and did not think they would be there, when I was told they would.

Q. That is not the question. I ask you, whether your being at the Shakespeare, was not in consequence of a preconcerted agreement, between you and Mr. Asten, or Mr. Horne, or any body else? Whether your intention was not to induce these men to make a confession, in expectation of its being meritorious; and when the confession was made to you, as Mr. Proctor's friend, to entrap them afterwards?

Jones. Not as meritorious, but to bring to light. Those people taking us to be friends of Sir William Beauchamp Proctor, declared the affair to us, not knowing whether we were so, but they took us to be so. The man did not know Mr. Allen's name, he was to enquire (as Mr. Allen informed me) for Sir William Beauchamp 's friend at the Shakespeare.

Q. Well, and the man not knowing who Mr. Allen was, you personated Mr. Allen?

Jones. Yes.

Q. Then the men were to suppose that you were friends of Sir William, and ready to approve of whatever mischief they had done?

Jones. I pretended to be a friend of Sir William's, to get at the truth of the affair. The men looked upon Mr. Allen to be a friend of Sir William Beauchamp 's; I told them that I was not Mr. Allen, but that I was a friend of Mr. Allen's.

Q. What do you mean by personating Mr. Allen?

Justice Aston. He said before, that he told them, that Mr. Allen would be soon there.

Q. What did you mean by telling the men, that they might safely let you know what they had to say?

Jones. That I should take no notice of it.

Q. Tell me this. When you had these men in the Round-House, you wanted them to make a confession, but Quirk was sulky and would say nothing; upon which the keeper sent him below. Now that below, is a place they call the Black-Hole, is it not?

Jones. I never was in the place in my life before. I do not know.

Q. Is not this the place where the poor woman was suffocated some time ago?

Jones. No, that was at St. Martin's.

Q. What sort of a place is this Black-Hole?

Jones. I never was there.

Justice Gould. Now I understand, correct me and set me right, if I am mistaken in it. That he wished to have this confession repeated at the Round-House, that he had heard at the Tavern?

Jones. Yes.

Justice Gould. That Quirk finding you was not his friend, denied his having struck any one, but did not deny that he was there; and then grew sulky and would say, no more?

Jones. Yes

Justice Gould. Upon that, I understand this They said, Well, we have nothing more to do with this man, put him down; but not to extort a confession from him.

Q. I desire to know, whether that is a common place of security for people charged with felony; or a place for punishing refractory people?

Jones. I can give you no answer about that I know nothing about it.

Q. After Balfe had repeated what he had said before, was he put into the Hole below?

Jones. No.

Justice Gould. How long afterwards was in that they were sent to gaol?

Jones. I heard the next morning, at Sir John Fielding 's, that it was between eleven and twelve o'clock.

Justice Gould. I ask you this plain question. When this man was sent down below, did you afterwards make any farther examination of Quirk; did you examine him again?

Jones. I cannot say positively, whether he was brought up again or not; we staid there a long time conversing with Balfe. He made the same confession there, that he had made to me in the Tavern.

Justice Gould. Who directed Quirk to be confined in the Hole?

Jones. The keeper of the prison.

Justice Gould. Did any body give him direction to do it?

Jones. He was desired to take care of them.

Q. Was Balfe put down?

Jones. No.

Justice Gould. Was there more or less said, than desiring the keeper to secure them?

Jones. Not that I heard of.

Q. Do you know of any reason why Quirk was put down, and Balfe not?

Jones. Balfe, on mentioning what had been done, there was lenity shewn him, and he had a bed up stairs; one of us gave him a shilling for the bed.

Mr. Impey. You have been asked whether you are a voter? I should be glad if you would tell who you are, and what you are?

Jones. I live at Fanmouth Castle in Glamorganshire; I am the possessor of it.

Mr. Impey. As there has been some insinuations thrown out concerning you, I should be glad to know if you have any property there?

Serjeant Davy. I do not see the use of that.

Mr. Impey. You might be understood to mean, that the gentleman was hired.

Serjeant Davy. No, I say no such thing.

Mr. Impey. Pray, Sir, have you not a large estate there?

Jones. I have about three thousand pounds a year in Wales.

Mr. Impey. Are you a private person, or a magistrate?

Jones. I am a Justice of the peace.

Miles Burton Allen , Esq; sworn.

Examined by Mr. Adair.

Q. Was you at Brentford on the eighth of December last?

Allen. I was.

Q. At what time of the day did you go there?

Allen. I do not recollect directly the hour. I believe several had polled before I got on the Hustings. I will not even charge my memory with an hour, nor two hours on that: I will not chuse to do it. I was upon the Hustings before twelve o'clock.

Q. Did you observe the course of polling while you was there?

Allen. I was on one side of the Hustings, seeing several of my friends poll there.

Q. Which corner of the Hustings?

Allen. The upper corner towards (I think) the constables.

Q. Was it the corner next the door, or opposite?

Allen. Next the door.

Q. That is the south end. Did you observe any disturbance at any, or what time, during your stay upon the Hustings?

Allen. Between two and three o'clock, I observed a very large party; (I don't know whether it is applicable to this point, I saw a parcel of butchers;) they went round the Hustings, and then went opposite the door of the Hustings, and there they rang their marrow-bones and cleavers: some time after this, (the butchers were about one or two and twenty I believe) it was past two o'clock, when a party got out of a little house upon a rising ground, opposite the corner of the Hustings where I stood.

Q. Where was that little house?

Allen. On the left-hand side, as you go down the Castle-yard.

Q. What distance might it be?

Allen. I can't pretend to ascertain the distance.

Q. We are not asking to an inch. How far might it be?

Allen. It would be very importinent in me to ascertain a particular distance.

Q. Were they so near that you could distinctly observe what they did?

Allen. O! certainly.

Q. What number did they appear to be?

Allen. The number was large.

Q. Were they a considerable number?

Allen. They were; it is impossible to ascertain to 20, 30, 40, or 50; there were a very considerable number.

Q. Had they any thing with them?

Allen. Bludgeons. - Every man that I perceived.

Q. What did you observe them do?

Allen. I saw them come up from that corner: they waved their sticks; they came round the gentlemen that were polling, but they did not touch them at the first time, they only waved their sticks, and then went to the other rising ground. There is a rising ground all the way along that part to another rising ground.

Q. Was the part of rising ground that they went to, the end of the Hustings opposite the door?

Allen. Yes. It was there as the first place that I saw them strike.

Q. What did you see them do there?

Allen. I am sorry, for particular reasons; I am sorry to accuse one of the prisoners at the bar, as he was the means of saving my life, that is M'Quirk. I saw the mob knock down several people. I went first to speak to Mr. Hill, to tell him of it, then I came back to my place in the corner.

Justice Gould. Mention what you saw done in general, and then come to particulars.

Allen. I saw them knock down several people. The first time I saw them, I went and told Serjeant Glyn of it.

Q. In what manner did they come on the rising ground?

Allen. That I cannot tell.

Q. How did you distinguish the persons you call the mob?

Allen. Round the Hustings the people were very much crowding. The first that I saw them kock down, was close by the Hustings. There was a party came to where I was, at the corner of the Hustings, and knocked down the people immediately; friend or foe. I did not see any difference to one more than another.

Q. Were either or both the prisoners at the bar in that party that came where you was?

Allen. Quirk I saw in the first attack He was not in the party that came to the corner where I was on the Hustings. I saw him among the first party. I saw him afterwards among the people that attacked that part of the Hustings where I was. I don't know but that I might wrap out an oath or two. D - m you, what do you do here? And they gave me some of their favours likewise I received several blows.

Q. Did you see Quirk afterwards upon receiving these blows?

Allen. I did not think it was my business to get up to oppose a mob. I inquired for Sir William Beauchamp , he was my man; there was a gentleman stood near where Sir William was. I went to Sir William. I will not pretend to ascertain the particular words that I might have expressed at that time to him, but it was to this purpose: Whether he meant to be returned for the county of Middlesex by a mob in that manner? Sir William declared upon his honour, that they were not his mob. They had Proctor and Liberty in their hats, I believe, at the same time. I went up to Mr. Sheriff Shakespeare, and remonstrated with him. What words might have dropt, I cannot pretend to recollect: I believe Mr. Shakespeare was of opinion with me, that it was a very odd affair. I returned to Sir William Beauchamp , on seeing a regular mob draw up on the lower side of the Hustings. I have seen men very often drawn up, but I think they were as regularly drawn up as ever I saw. They were headed by one man; they had clubs ready. Their mark was the side of the Hustings. When I spoke to Sir William Beauchamp , it was before they came up to the Hustings. There was a house below the Hustings, and they turned up by that house; he had denied before, that they were his mob; I desired to know whether they were his mob or not. He declared to me upon his honour, that they were not. Upon that, while I was speaking to him, they came on and attacked the Hustings in that part, and knocked down indiscriminately friend or foe. There were a number of mobs, one attacked one place, and another at another. The prisoner, M'Quirk, was in this mob that attacked the lower side of the Hustings, where I was. I say nothing against Balfe.

Serjeant Davy. What, all at the same time?

Allen. Not immediately at the same time. Sir William Beauchamp denying the mob to be his, some gentleman on the other side insisted upon his either explaining himself, or stand convicted. He came to the bar of the Hustings; one man came up and cry'd out, that no man should vote but for his honour.

Q. Was that man one of this body?

Allen. Yes. On the lower side of the Hustings on which Quirk was.

Q. Did he come up to Sir William?

Allen. He came to the outside of the Hustings. He was withinside the Hustings, and the man on the outside. Sir William Beauchamp came first towards the rails. I was close to Sir William. he was it my right hand.

H. Justice Alice. What did the man say?

Allen. I am sorry to say it, and I am ashamed to say it; I asked him who gave him orders; his answer was, Sir William Beauchamp .

Justice Gould. You say one of these men, at the lower part of the Hustings, said, No man shall vote but for your honour?

Allen. And he said, your honour for ever, and God bless your honour; and a great deal of that.

Justice Gould. You asked the man who gave him orders?

Allen. I did. He said his honour Sir William. Upon which I looked at Sir William, and then repeated the question to the man. The man made the same answer. I was not content with: only once.

Mr. Recorder. It did occur to me, and I expressed it privately to the learned Judge, whether we are regular and proper in this part of the cause. We are going on a conversation between Sir William Beauchamp and this gentleman, and a third person. It seems to have no relation to these two men; they are undoubtedly responsible for every act they committed, or assisted others to commit: but surely the question, Who was the original promoter of this mob? (some other person than these two men) to be now gone into by this sort of evidence, by a conversation between Sir William or any other man, where these two men are not parties, seems to be a question totally improper. A great deal of this evidence goes to prove that Sir William might be indicted by this, and called upon to answer for it; and it might be proper evidence against Sir William; but not against these two men.

Mr. Jus. Gould. It will be impossible for me to determine Mr. Allen has completed his story in the manner he is going on; I think it is very all applicable evidence to a case of this sort. For suppose it should come out; not that it is to affect Sir William Beauchamp , I have nothing to do with that now; I am to administer justice according to my oath, let it affect whom it may. But suppose it should come out, that any man, be he who it will, did collect together a set of men in an unlawful purpose, the very collection of that body of people, to excite that unlawful purpose, is a part of that body of evidence that is to be submitted to the jury, whether they did not come there to bring about every consequence and every event that happened? The result of that assembly. - Now, what is the account that this gentleman has now given? That one man issuing forth from the body of armed men comes to Sir William Beauchamp Proctor, as I conceive, just before, and in the presence of the rest of the body, thus assembled (as I understand it) and tells Sir William Beauchamp , No one shall vote but for your honour. No one shall vote but for your honour. Why then this gentleman is going on, and says, That he repeated the same question to the man again, in the presence of Sir William Beauchamp Proctor, who stands upon his right hand. What Sir William Beauchamp Proctor may say, is yet in the dark. He may, for what I know, disavow it, as he did before, when the gentleman spoke to him. He may say, I know nothing at all of it; I have nothing to do with it. Suppose, on the other hand, it should turn out that Sir William, in the hearing of the mob, did assent in substance to the question that this gentleman has mentioned, is not that evidence for the consideration of the jury, whether this body of men is not collected by somebody? It will be evidence of their assembling. As to the end and consequence that followed the unlawful acts and violence committed, that is another consideration; but it tends to shew the malignant nature of the body.

Lord Chief Baron. I think it may be properly asked, for this reason, to shew that these persons were assembled upon an unlawful occasion; the consequence of which will be, that if they were so, and any act was done by any one that terminated in murder, all persons concerned in the prosecution of that unlawful design or purpose, will be answerable for it, if they were present, aiding and abetting it; and here, for what I know, as my brother said, it may be answered, that Sir William disavowed these people, and has nothing to say to it. I do not know how it will turn out. It is true, what passes here cannot really and essentially affect him.

Mr. Jus. Aslen. I apprehend the force of the learned Recorder's observation goes to this, that any conversation that passes between Sir William Beauchamp Proctor and the witness, is by no means to affect (let that conversation be what it will) the life of either or the parties, that are on trial, unless that is really and fully brought home to them. Now, therefore, I should think it totally immaterial to these prisoners, unless it was brought home to them. But in the course of the examination I think it necessary to be proceeded in. First of all, I think it totally immaterial, whether Sir William Beauchamp Proctor or Serjeant Glyn hired the mob, or whether they acted in an illegal and riotous manner, and committed the murder. Whether they were paid for doing it, or did it of their own evil disposition. In the next place, there was a mob with Proctor and Liberty in their hats; knocking down every body that came in their way indiscriminately; that stands uncontradicted; and that Quirk was one of that mob, acting in that part, where this conversation past; but whether he heard it, or no, is left for farther consideration. A man that was not a friend of Sir William Beauchamp Proctor, might insiduously say, Oh, for your honour! and yet be on the other side. We all agree in this, that unless the examination come home to these men, it is immaterial what they said to one another. Sir William then denied it; but whether he will deny it by-and-by, we shall hear. So far I think it is evidence. I am, for my own part, yet revolving in my own mind, whether Tetam, or this, or that, or the other, hired them, and they go and knock people on the head, they will not be all involved.

Mr. Recorder. The learned Judge will do me justice to say I did point out a particular objection to this question; I meant partly to intimate a doubt whether it was proper to go into a particular examination now, whether Sir William had any hand in hiring that mob. I thought it totally foreign to this question. I thought they were equally responsible for their unlawful acts, whether hired by this or that man, or not at all. I thought this enquiry might only affect other people in another shape, which I thought not proper for this enquiry.

Mr. Jus. Gould. Mr. Recorder suggested it to me. He did prudently. He acted as became his station in the most honourable manner, I thought, as the doubt was suggested to me, I had no right to suppress it by my own private opinion. I thought it incumbent upon me to discharge my conscience, to hear the opinions of the other Judges. I shall not at present give my sentiment how far that may strengthen the case, however it may turn out, only just to assign my reasons for going on; and I am obliged to the Recorder for suggesting it. - Upon the gentleman's saying, Who gave you orders? his answer was, His honour. You say, you looked at Sir William Beauchamp , and repeated the question, and the man gave the same answer, Sir William being on your right-hand. How far was he from you?

Allen. I had him close to me. As to the particular words that past between me and Sir William upon his honour, they were It is very true, the man impeaches me; upon my honour, I am innocent. What can I say more? Then, in the middle of the Hustings, there were some words that past upon this account. It might be a minute, or a minute and a half, before I observed the same mob, as they came round the upper side. They had cleared the lower side in a very short time. They shifted to the upper side, and we all in confusion, you may naturally suppose: I saw them not only knocking down, but beating the people unmercifully upon the ground. I spoke to Sir William Beauchamp again, and said, For God's sake, if they are not your mob, try if you can have any influence to prevent murder. Sir William's reply was, What can I do? they are not mine, (repeating upon his honour, as he had before declared.) Upon seeing such barbarity, I made use of such an expression to Sir William, that I believe was not so proper to do, and jumped over the Hustings, and seized the prisoner Quirk, and I believe I made use of this expression, God d - mn you, (or something like it) do you mean to murder these fellows? The prisoner, I will say that for him, left off; but the other fellows that were with him, had a mind to serve me much in the same manner. What I might have suffered, whether I might lose my life or not, I owe to the prisoner Quirk, who held his club over my head, and cried, Be quiet, be quiet; what are you about? this is a friend of Sir William's. It was very fortunate for me that he made that mistake; and I believe your Lordships may be assured I did not attempt to undeceive him. I said to the prisoner, Who gave you orders? He said, he knew very well; that was his first answer. I repeated the question, and sollicited him to tell me; his answer then was, It was Lord Hallfax's man, I asked him, What man? I think he said Tetam, or Tattam, I will not be certain to the name. He told me afterwards, it was Mr. Tetam. It was not a proper place to enquire farther. I desired him to walk along with me, and another of the men, who appeared to be the ringleaders. When we came down to the Castle-yard, I enquired particularly how they came to make the attack. I drew them from that place. There were two or three that followed him into the Castle-yard. I stopped a little there to examine him further.

Q. Did you examine him?

Allen. Yes. When I was questioning him particularly, there was one man came up and said to him, Prithee be quiet, do you know who you are talking to? The prisoner's answer was, Aye, I know him very well; I saw him in a very friendly manner with Sir William Beauchamp Proctor just now. I desired him to go with me further down. As I came through the yard, I desired Mr. Popham (I winked at him) to come along with me. When we came under the arch-way into the street, there was a regular siege.

Serjeant Davy. That was after this conversation.

Allen. Yes. We came down through the Castle-yard into the street. Mr. Popham was standing under the arch-way in the Castle-yard. There were stones throwing in, and bottles out. Mr. Popham did not chuse to go farther than the gate-way, and he left me by myself with the prisoner. I brought the prisoner through. It was not a place to examine him in of the fray. I first desired to be let into the house opposite, and the other man with me, but they refused; upon which we went into a gate-way, a little way on the other side the street; there the prisoner looking upon me (I suppose) to be one of Sir William Beauchamp 's friends, remonstrated with me in a very sensible manner. He said, Master, this is not good in law. I brought him up again into the street, and endeavoured to get into another house; they refused letting us in any where. Upon which I desired Quirk to meet me at the Shakespeare that evening, at ten o'clock. Accordingly, at ten o'clock I went to the Shakespeare, but the prisoner was not then come. I went down to the House of Commons, and stayed some time: afterwards I came back again and met the prisoner and his friend there. That was Balfe.

Q. Who was there besides the two prisoners?

Allen. Mr. Hannam and Mr. Jones were there. They were above stairs. Mr. Jones went down at my return. I do not know where he went. I then sent for Quirk up. I examined him very particularly in regard to the orders he had received upon the attack at the riot; his answer to me was this, That he had received orders from Lord Hallifax's man, Mr. Tetam. I asked him how Mr. Tetam came to give him for the attack? His answer was, I think that a waterman, or something of that sort, came into the house where they were when the mob were at Brentford, and told them, there was an end of your Proctor; there is four to one, or five to one of Glyn's men gone to poll for him. Upon which he said, Mr. Tetam, and I think Mr. Broughton. (I will not swear particularly to Mr. Broughton) Mr. Tetam he distinguished to me by Lord Halifax's man. He said, he gave them the wink to go and play about them. That was his expression. To which he said, he did very effectually. He remonstrated to me on what he was to have for the payment for this. (He supposed all the time that I was a friend of Sir William's.) He told me, that he knew Sir William to be a man of honour, and would act very honourably by him, as he had done his business very effectually. I asked him how much he required? He said he had made no particular agreement with the said Mr. Tetam for himself and twenty-five men under him, but left it to Sir William's honour. But that at Northampton, he had two guineas a week and victuals and drink for every one he hired there; and he hoped Sir William would do the same. He said Tetam agreed with him and twenty-five more.

Mr. Jus. Gould. Who was to provide the twenty-five men?

Allen. He said he was. He said, if either of them was discontented, he would pay them out of his own pocket by to-morrow morning, and leave it to Sir William's honour. He said, that if the men were afraid of their money, he would pay them out of his own pocket. I asked him who hired him for Northampton? He told me the same Tetam. I asked him, how they came to be so barbarous, to beat the people upon the ground? He made answer, and said, That he had one very bloody-minded fellow in his party that always would do so, and he could never break him of it at Northampton. I asked him particularly who this fellow was? I do not charge my memory he told me the person. I asked him who the man was that impeached Sir William at the Hustings? He was, one Rhey, a d - d scoundrel think he and remonstrated to me, that this fellow had fought his way, and spoke to Sir William Beauchamp afterwards that evening. He went down stairs afterwards, and the gentlemen came and took him up.

Q. What psed about?

Allen. I did not see him all after he was taken up.

Q. Did you see either of the prisoners any time afterwards.

Allen. I saw them both at Sir John Fielding 's. When I came in at Sir John's, Quirk still supposed me his friend. As I through the outward room, Quirk was down; he supposed me still to be a friend of Sir William's. He said, Master, not a and in short he would not say a word. This he said to me, signifying, that he would not say a word.

Mr. J. S. Gould. That might bear two constructions; either to desire you would not say a word, or that he would not.

Allen. I took it that he would not say any thing. He would not impeach.

Q. Are you a voter in this county?

Allen. I am not. I went out of curiosity, and to see several of my friends that have votes.

Q. Was you particularly connected with either of the candidates before the election?

Allen. I declare, upon my honour, that I had never seen Mr. Glyn, to know him, till that day I saw him upon the Hustings.

Q. Had you any acquaintance with Sir William Beauchamp Proctor before this time?

Allen. I knew his person, to be sure.

Cross Examination.

By Serjeant Burland.

Counsel. I understood from you, that during the whole of the conversation you had with Quirk, he considered you as a friend of Sir William Beauchamp Proctor's?

Allen. Yes.

Counsel. That was a character you first assumed for your own safety?

Allen. I hope the court will not admit such a question. I shall put myself under the direction of the court.

Counsel. I understood, that you said he took you for a friend, and you did not undeceive him, because he protected you?

Allen. If you will recollect the evidence I have given, which I hope is a clear one, and you will find it a very just one; that I jumped over the Hustings to save the people that they were beating.

Counsel. He took you for a friend of Sir William Beauchamp 's?

Allen. I said, I did not undeceive him.

Counsel. Then you first assumed the character of a friend to Sir William Beauchamp ?

Allen. No, I did not; it was my good luck that he took me for a friend, and I did not undeceive him.

Counsel. Then you suffered yourself to pass as a friend of Sir William's?

Allen. He thought it so.

Counsel. Then you past as a friend of Sir William's for fear?

Allen. Sir, I do not know fear in such a case as that.

Counsel. I do not mean to throw any imputation upon you.

Allen. You asked me if I did not assume; I am not used to such language as that.

Counsel. Since the word assume offends you, I will put it in the terms Mr. Jones made use of. That you personated the friend of Sir William.

Allen. I will not pretend to dispute what Mr. Jones says; I do not pretend to deny any thing that Mr. Jones may have said; I did not tell him to.

Counsel. What word will you be asked the question in?

Mr. Jus. Gould. He has said to you, that you let it be understood by this man, that you was a friend of Sir William's. You did not at first inform him so, but he thought you was such by seeing you stand by him, from thence he understands it so.

Counsel. Then you did pass as a friend of Sir William's?

Allen. By him.

Counsel. You suffered yourself to pass as a friend of Sir William's for your own protection?

Allen. Not for my own protection. I did not undeceive him, he gave me his protection.

Counsel. Then it was for your protection, you did suffer yourself so to pass?

Allen. Yes.

Counsel. Then you continued to pass for the friend of Sir William all the time you had this intercourse with him?

Allen. I did not undeceive him.

Counsel. There the man was deceived by supposing you to be a friend to Sir William.

Allen. He was deceived to be sure.

Counsel. Then your motive for this was to get as much intelligence as you could?

Allen. That was the reason that I did not undeceive him.

Counsel. So then it was you drew him from one place to another to furnish yourself with evidence concerning this riot?

Allen. Yes.

Counsel. I suppose the evidence you was to collect from the prisoner at that time, you intended to be made use of?

Allen. Far the reverse. I did not intend to appear. I did not at Sir John's, nor should I have attended here, but I have a subpoena, and as I am here, the truth must be told. I let him have his own opinion, and did not chuse to undeceive him.

Counsel. This man, I think, you say you owed your life to? You say you did not go voluntarily to Sir John Fielding 's, what carried you there?

Allen. I did not go to appear against him; I did not say a word; I only went in the morning and came out again.

Counsel. What was your business there?

Allen. I went out of curiosity to see whether he was there, and who was taken up besides.

Counsel. You had left him with Mr. Jones, and the other friends, in order to get as much from him as they could at the Shakespeare?

Allen. I went down, and left Mr. Jones and Mr. Hannam there.

Counsel. You had given intelligence to Mr. Jones, that you had left those men, and they were to get what they could from them?

Mr. Jus. Gould. Consider a moment the nature of this gentleman's evidence. This gentleman does not come in the light that Mr. Jones did, giving only a relation of what he heard the prisoner say; but he comes and proves, in the first place, that in fact he saw the prisoner among this mob, and seized him among this mob. What then? it so happened at that time, that the prisoner saved his life, by apprehending him to be a friend of Sir William's. Then, says he, I did not undeceive him, but I was willing to dive as deeply into the business, as I could, to find out the whole meaning. Is not that very laudable?

Counsel. In respect to the riot itself, how long do you suppose it was from the time you saw the mob coming down, to the time the people were dispersed at the Hustings?

Allen. I will not attempt nor pretend to ascertain any time.

Counsel. I did not ask you to a minute?

Allen. Neither will I to an hour or two.

Counsel. You do not mean that this riot, from the first commencement of it to the people, being dispersed at the Hustings, lasted half an hour or two hours?

Allen. I do not mean to ascertain any time.

Counsel. I mean to ask you how long a space of time it must be?

Allen. I will not charge my memory with it.

Counsel. Was it two hours, or an hour?

Allen. You will excuse me; I cannot ascertain the time.

Mr. Jus. Gould. Upon your recollection how long might this rioting endure?

Allen. I was so much in pain at that time, that I cannot pretend to ascertain any time at all. I may be mistaken.

Counsel. Will you say whether you do or do not think it was half an hour? I ask your opinion.

Allen. I believe it was half an hour that the whole riot lasted.

Counsel. From the time the mob was coming down, from the time you first saw them coming from the house, to the time the sheriffs, clerks, and candidates were dispersed?

Allen. Give me leave to repeat to you what I first mentioned. I went off with the prisoner, I did not wait for the finishing, or determination of it.

Counsel. How long might the time be, do you think, from their first coming, till you jumped over the bar, and seized the prisoner?

Allen. I am here upon my oath. I shall speak the truth. I cannot charge my memory with any time, therefore beg you would not require it.

Counsel. I do not want to know positively and precisely the time; was it half an hour, a quarter, or any time?

Allen. I cannot ascertain it.

Counsel. I only want to know your conjecture?

Allen. I have no idea of the time.

Counsel. Then you will not say, you think it was half an hour; do you think it was a quarter of an hour?

Allen. I cannot say.

Counsel. Was it five minutes?

Allen. Yes.

Counsel. Was it ten?

Allen. You may go on to five-hundred.

Counsel. Was it ten minutes?

Allen. I cannot say any thing of it.

Counsel. You say this was a little house, do you know what it is?

Allen. It is not a large inn; it is at the back of the Castle-Inn, that is opposite the Hustings?

Counsel. Then you do not mean to say it was a little house?

Allen. I believe it is an alehouse.

Counsel. Do you know the sign?

Allen. I do not.

Counsel. The number of people you say you could not guess?

Allen. I cannot.

Counsel. You say when you jumped over the rails, you had seen the prisoner Quirk strike some people, but then he left off?

Allen. He did, and went away with me.

Counsel. Did the riot cease upon that, or what time after he went away with you?

Allen. I told you, that when I brought him down to the Castle-yard, there was a regular siege. I could not get him into any house. There were some people good-natured enough to take me into a house, and lock me up for some considerable time.

Counsel. Did the riot continue afterwards?

Allen. Yes.

Counsel. How long did it continue?

Allen. The riot continued, I believe, till there was not a stone to throw in, nor a bottle to throw out.

Counsel. You say, that the prisoner told you, that a waterman (I think) came in to where many of his supposed party were, and said, D - n your Proctor, there is an end to your Proctor?

Allen. This was his story to me.

Counsel. Did you believe, that a single waterman would come in, and say, D - n your Proctor, there is an end to your Proctor?

Allen. You know extremely well, I had no more than his own information.

Counsel. I only want to know, whether you believe that.

Allen. A madman may run his head in the fire.

Counsel. Did the prisoner tell you that he was a madman?

Allen. No.

Counsel. Then I am to conclude, from your answer, that nobody but a madman would have done it?

Allen. I cannot say that. I do not tell you that I did believe the story.

Counsel. You said, none but a madman would do it. Do you believe, that any body in his sober senses would go into a house as that was, and say, D - n your Proctor, there is an end to your Proctor? Could you believe, that any would do it at this time, when he was thinking of a reward, hoping you would reward him for what he had done? To be sure you gave him credit, or you would not have come here to have told it. I want to know whether the whole of this story was true or not?

Allen. I am afraid there was too much truth.

Counsel. Do you believe the whole of the story was true?

Allen. Upon my word, I thought it was an extraordinary story.

Counsel. One extraordinary part was, that any man would have the poll closed, when he was the lowest on the poll?

Allen. I do not suppose they knew that.

Counsel. I should think it a very odd thing for any man to desire to put an end to the poll, when the majority was against him. I think it improbable that Sir William should attempt to put an end to the poll, at the time he was behind. I should be glad to know whether you can be answerable for your servants.

Mr. Jus. Aston. Cannot you suppose that such a fellow as a waterman may come in, without being much of an enemy or a friend? Who knows what fellow that is? This may take up time till to-morrow morning.

Mr. Jus. Gould. He gave an account of what part he had in the transaction; then you ask the gentleman whether he believes what the man had said against himself is true. The question is, whether you believe he invented the story against himself, or told it as a true narrative?

Allen. I suppose, he told it as a true narrative.

Counsel. Do you not suppose, that he told you this story, mistaking you for a friend of Sir William's, to have a reward from you?

Allen. I do not know what his thoughts were.

Counsel. What were your thoughts of it?

Allen. Why should I suppose that he wanted to boast?

Counsel. I only ask your opinion.

Allen. I was to hear what he said, which I have repeated to you. I leave you to draw your conclusions.

Counsel. I only ask you, whether you do not think he was boasting of his performance, in order to augment the reward?

Allen. I will not answer that.

Mr. Jus. Gould. Have you any reason to think that this man had an expectation that you would give him any thing?

Counsel. He asked you what he was to have, and you asked him what he had agreed for.

Allen. Sir, your memory is very short. I said. I asked the man, what he was to be paid. His answer was this -.

Counsel. What do you mean by remonstrance?

Allen. He was throwing reflections on the other heads of parties, that had not acted as he had done; which were several.

Counsel. My question is, whether there was not some talk between you and him, about what he was to have?

Allen. I asked him what he was to be paid. He said, he had made no agreement with Sir William, but he was a man of honour, and he left it to him.

Counsel. All I meant to ask you was, whether the conversation he had with you was not with a view to your reward?

Allen. I did not conceive it so.

Mr. Jus. Gould. This gentleman did use the expression, remonstrate what he was to have for the payment of this. To which the man said, Sir William is a man of honour, and he dare say would act honourably by him, as he had done his business very effectually. Does not that answer the question, that he had no expectation from this gentleman?

Counsel. I never meant to intimate that he had any expectation from him, but had a view of reward in his mind, and so intended to magnify his merit.

Counsel for the Crown. The Serjeant asked you whether the riot did not continue for some time after you went away with the prisoner? You said it did. Where do you mean the riot continued? At what place?

Mr. Jus. Gould. Does he not say that he came down to the Castle, and there the riot continued.

Counsel. Did you make this man any promise, if he would meet you at the Shakespeare?

Allen. Not the least, upon my oath.

Counsel. Before he engaged to meet you, did you make him any sort of promise?

Allen. Not in the least. He asked me whether any men were killed. I should have been very sorry to have mentioned it, but you have brought me to this point. I told him I did see two lay down for dead. He said, he would go that night for France. Said I, You will call upon me first at the Shakespeare.

Mr. Jus. Gould. Was it under the gate-way at the Castle-Inn, or over the way?

Allen. Over the way. There were two men laying on the ground.

Richard Beal sworn.

Examined by Serjeant Leigh.

Counsel. Are you a voter for Middlesex?

R. Beal. No.

Counsel. Did you know George Clarke ?

R. Beal. Very well.

Counsel. Did you go with him to Brentford?

R. Beal. No.

Counsel. Did you see him there?

R. Beal. Yes.

Counsel. Where was he when you saw him?

R. Beal. I and Mr. William Beal were upon the Hustings, and Mr. William Beal , who is my cozen, saw Mr. Clarke, and brought him up to me.

Counsel. Is Mr. William Beal a freeholder?

R. Beal. Yes.

Counsel. What time was this?

R. Beal. About half an hour after one o'clock.

Counsel. What part of the Hustings were you, William Beal , and the deceased at?

R. Beal. At the hither part, the lowest side near the corner.

Counsel. Is that the side where the door was, or the opposite side?

R. Beal. The door went in at one end, I believe.

Counsel. Was it on the left or right?

R. Beal. The left.

Counsel. When you was there first, at half an hour after one, was there any riot, or was the place quiet?

R. Beal. Very quiet at that time.

Counsel. How long did you stay there, before you perceived any riot?

R. Beal. When Mr. Tomlin and Mr. Clarke came up, they asked William Beal and me, if we had any thing to drink; they told me they had not drank since the morning, which was at the Three Pigeons. Then he asked us if we would go down as far as Mr. Horne's: this was about half an hour after one. We went there.

Counsel. Did you return?

R. Beal. We had, I believe, two glasses of wine there, I cannot be sure to a glass, it might be two, or less.

Counsel. Did you return to the Hustings from Mr. Horne's?

R. Beal. When we came to Mr. Horne's, there was Mr. Wilden, Mr. Whitwell, and two other freeholders. Mr. Wilden said to Mr. William Beal , if all was quiet, he would go up and give his vote. Mr. Beal said it was very quiet, and he thought he might go up very safe.

Counsel. Was Mr. Wilden an infirm man?

R. Beal. A very elderly man.

Counsel. What time was this?

R. Beal. About two o'clock, or a little better.

Counsel. Did the deceased Mr. George Clarke go up?

R. Beal. He went with me.

Counsel. Did he go to the Hustings then?

R. Beal. Yes.

Counsel. To what part?

R. Beal. To where we were before.

Counsel. Did you get admission to the Hustings?

R. Beal. Yes; Mr. Whitwell had polled.

Counsel. Now tell the court what you observed of this riot.

R. Beal. Just as Mr. Wilden had done giving his vote, they came round both sides the Hustings, and through the Hustings.

Counsel. Which side the Hustings did they come up to first; that where you were standing, or the other?

R. Beal. That I cannot say; they came on both sides, and through.

Counsel. Did you see the mob commit any acts of violence?

R. Beal. I cannot say that I saw one struck. I saw some down, but did not see any blows given. We were then going away from the Hustings; Mr. Clarke was on one side, Mr. Wilden and I on the other. We were got three or four yards from the Hustings, going down to the Three Pigeons. I did not see the blow given; but going down the Three Pigeons Yard, Mr. Clarke overtook us, after he had received the blow. I had not missed him. At first I saw him almost down upon his hands near the ground a little below the Hustings.

Counsel. Did he appear falling or stooping?

R. Beal. I was frighted very much. There was a riot at that time. Mr. Clarke recovered himself as well as he could, and came down to us. We were then at the gate-way, going down to the Three Pigeons.

Counsel. What distance was you from him, when you saw him near the ground?

R. Beal. I might be a hundred yards distance. (I will not be positive.) When he came up to us, we were not quite at the Three Pigeons, I happened to see the blood. It ran down the right side of his head, upon his coat. He wore his own hair. It was tied behind. The blood came from the upper part of his head, rather on the right side. He said he did not know that his head was broke, till he saw the blood running down from under his hat down his arm.

Counsel. Did you make any application in order to relieve him?

R. Beal. I asked him if he knew who struck him. He said, it was some great fellow, but who, he did not know. We went away to parson Horne's house again.

Counsel. When you came to Mr. Horne's house, did you examine this man's head?

R. Beal. The people said the mob were coming to parson Horne's house, to pull the house down. We made through the house into the church-yard, where Mr. William Beal lent him a handkerchief, and wiped off the blood with it in the church-yard.

Counsel. From thence, where did you go?

R. Beal. We went through the church-yard, and over a wall, and up into Brentford. He pulled his own stock off, which was vastly bloody, and put Mr. Beal's handkerchief over his neck. We got over the wall into Brentford town, and from thence to Isleworth. We went into some public-house there, and had something to drink, and got a glass of rum there, and cut some of his hair off, and Mr. William Beal bathed the wound with a little rum. He seemed to be in tolerable good spirits. From thence we went to the river, and over to Richmond, (we were all on foot) and from Richmond to Kew, and over Kew bridge; thence to Turnham-Green. Then Mr. Clarke complained that he was saint, and that his head pained him a good deal. He said he should be glad to have something to drink. We went into a house, and had a quartern of brandy. Then we came on for London, and came to Mr. William Beal's lodgings, in Great Marybone-street. There some of his people, and the landlord, bathed Mr. Clarke's head with a little tincture of myrrh. We had a supper dressed there. Mr. Clarke are very little. Then we went to Marybone, to the Queen's Head there. We had a pot of beer. Mr. Clarke drank once, and Mr. William Beal once. Mr. William Beal fell asleep, being tired, walking in boots. Mr. Clarke, in about half an hour, went away, without saying any thing. I did not see any more of him till he was dead; then I saw him at his aunt's, in Wellbank-Street, the day after he was dead. He died there.

Counsel. When did he die?

Beal. He died the 14th of December, at the house of Mr. Talbot, the White Hart in Wellbank-Street.

Counsel. Was he in liquor, or sober, at the time he received the wound?

Beal. He was sober: he was a very sober man.

Counsel. What age was he?

Beal. He was twenty-two years of age.

Counsel. How was he as to health at that time?

Beal. He was a very healthy man. I knew him three years. I never knew him ailing.

Counsel. What time of the day was it that he received the hurt?

Beal. It might be between two and three o'clock when he went out.

Mr. William Beal sworn.

Examined by Mr. Impey.

W. Beal. I am a freeholder in the county of Middlesex. I believe I set out from Westminster between eight and nine in the morning: I believe I got to Brentford by ten. Mr. Clarke, the deceased, came to the Hustings to me about half an hour after one; from thence we went to Mr. Horne's, and had a glass of wine or two each.

Counsel. Was that all you drank?

W. Beal. I believe we had no more. Mr. Wilden, Richard Beal , and Mr. Martin, were there. They asked me, if I had given my vote? I said I had. They asked me if every thing was safe? I said there was no riot then. Some of them asked me, if I would go along with them? I said I would. George Clarke , and Richard Beal , went with me. We went together to the Hustings, while Mr. Wilden, and two or three others, I will not be sure whether two or three, were giving their votes. I believe they might have done, but cannot be sure. A mob came from the opposite part, and began at the corner next to the Three Pigeons Yard, and then came round, clearing the people away before them. Mr. Clarke seemed to be afraid: I said, Do not be afraid, for I hope there will be no hurt. I turned myself round, and saw them draw their bludgeons from under their great coats. I had a stick in my hand; I put it over my head, and put my left-hand upon my head: they beat my stick down, and struck me over the left hand, which swelled my hand. I received another blow on the side of my head; then I ran into the yard belonging to the Three Pigeons. I had not been there above a minute or two, before Mr. George Clarke came to me all in a gore blood. It issued from the right side, or rather backwarder, of his head, near the top, and ran down his clothes. From thence we went to the reverend Mr. Horne's.

Counsel. Who went with you?

W. Beal. Richard Beal , Mr. George Clarke , Mr. Wilden, and Mr. Whitwell, a gardener. The people at the door said, The mob were coming to pull the house down. We went out at the back-door, into the church-yard, and from thence we turned to the right-hand, and got over a wall, and then we went to Isleworth. We stopped at a publick-house, and Richard Beal took some of the hair from the wound that Mr. Clarke had received, and I bathed it with some rum. After that I bathed my own left-hand with some rum: then we set out to go home. We first went over the water to Richmond, then over Kew-bridge, then to Turnham-Green. Mr. Clarke said he seemed to be saint, then we had some brandy.

Counsel. How much brandy?

W. Beal. A quartern. Then we went to my lodgings in Great Marybone Street, and had some pork. Mr. Clarke ate but very little.

Counsel. Did he drink any thing?

W. Beal. He drank a little quantity of rum; I believe. We went from thence to the Queen's Head at Marybone, and called for a pot of beer. There I went to sleep, and did not know when Mr. Clarke went away.

Counsel. Did you see him after this?

W. Beal. I did; I saw him on the Friday. The election was on the 8th, and I saw him the next day. I asked him how he did? he said he was very indifferent.

Counsel. Did you see him after that Friday?

W. Beal. I saw him on the Saturday; he had been let blood on the Saturday. I asked him how he was? he said he was no better. I saw him again on the Sunday; I asked him how he did then? he said he wished he had never been at Brentford. I said, Why? he said, The blow he received there, he believed would be his death.

Counsel. Did you ask him if he knew the person that gave him the blow?

W. Beal. I did. He said it was a ruffin or great fellow that gave him the blow, but he did not know the man.

Counsel. Did you see him after the Sunday?

W. Beal. I saw him on the Monday evening. He was then very bad in bed. I thought he was not fit to be talked to. When I was coming away, he put his hand out of bed, and said, Mr. Beal, will you shake hands with me? I said I would. I did, and parted, and never saw him after.

Counsel. Was he sober at the time he received the blow?

W. Beal. He was as sober as I am this minute: he was as sober and honest a young man, as ever I saw; he was a young man that I never heard a bad word come out of his mouth to my knowledge.

Counsel. How was he for health before this?

W. Beal. He was in as good health when at Brentford, as I am at this time.

Mr. John Foot sworn.

Examined by Mr. Adam.

Mr. Foot. I am a surgeon.

Counsel. Do you remember being called in, upon any occasion, to see the body of George Clarke ?

Foot. I was called in on Thursday the 15th of December, at a public-house in Wellbank-Street by the coroner, to examine a wound on the head of the body of George Clarke .

Counsel. Did you examine the wound?

Foot. I did. The hair on his head was full of sand. I found upon the crown of the head was a confused wound; I raised the scalp round the wound, and examined it with my probe; and found the scalp about four inches round the pericranium, the immediate covering of the scull, was much inflamed. After removing the pericranium, I examined the scull itself; I found no fissure, nor fracture. I then raised the scalp opposite to the wound the contrary-side, in order to discover, if I could, what we call a contra-fracture or fissure. I found neither. I then raised the scalp round the whole of the head, and found none at all. I then opened the head the usual way. I found under the dura mater, which is the first covering that lies under the scull, a quantity of extravasated blood, and the dura mater itself was much inflamed. I then examined the first covering of the brain. The interior covering I found to be in a great state of inflammation, and the vessels quite swelled with blood; and that one part of it was ruptured, but the rest of the brain was in a healthy state.

Counsel. Do you, from any or all of the appearances, apprehend what occasioned his death?

Foot. To the best of my opinion, the wound he received on his head, was the cause of his death.

Mr. Samuel Clay sworn.

Examined by Mr. Serjeant Leigh.

Mr. Clay. I am high constable. I was at the election at Brentford. On the 8th of December last, a little after two o'clock, I was at the corner of the Hustings that leads towards the Seven stars. I was stationed at the right hand corner of the Hustings, as you stand with your face to the door going in. There were four corners and four divisions. I had looked at my watch a little after two. I heard some people make use of some expressions, saying, Here they come.

Counsel. Was you on the outside, or inside?

Clay. I was on the outside, standing with some of my officers. I heard a great noise of pattering with peoples feet; I turned round, and saw people running towards me. There were as near as I can guess about twenty or two and three and twenty men, with bludgeons, comeing after these people, flourishing their bludgeons in their hands, but I did not see them strike any body then. They came two or three abreast. I said to the officers by me, Be quite, and do not take the least notice of them, nor molest or disturb them. They did as I had desired, they did not molest them, nor I neither. They most of them had past me. I turned, and looked upon the left, and saw one of them strike one of the headboroughs of Paddington, named Fletcher: the blow cut him on the cheek: I saw the blood run down. He came to me, and told me he thought it was very hard usage to come there to be beat in that manner. I desired my officers would assist me; we went up to the rioters, who had advanced to the side of the hill. Three of my officers immediately went up to them, we laid hold of two or three of them, and took their bludgeona from them, and begged of them to be quiet; another party of them, instead of doing what we desired, broke the constables staves.

Counsel. How many did they break?

Clay. I believe there were two; I heard them crack; they were close by me, but I had hold of the man at the time. The rioters began to play about and knock every body down, and by that means the people that we had hold of were rescued from us. They then retreated towards the end of a little lane, nearer the Seven Stars. I was then in hopes they were going, then every thing would be quiet. They almost immediately returned with great violence, knocking every body down before them; in doing that, the chief part of them went past me. They came back on the same side they came on at first. What were gone the other way, I know not. They went on towards the Hustings. I made no observation just then; I turned about and saw the tall prisoner, M'Quirk, beating some man, which I took to be a gentleman's servant, at some little distance from me.

Counsel. Whereabouts was you then?

Clay. I was then got to the house, that goes by the corner to the Seven Dials.

Counsel. How near was the Hustings to the end of the Lane?

Clay. It might be forty or fifty yards, as near as I can recollect. Seeing him beat the man, I took my staff in my right hand, and advanced towards him to meet him, thinking he would not strike me, as he had done the other; but he putting both his hands to his bludgeon, he came with his bludgeon on my left arm just upon the elbow-bone; I thought he had struck my arm from my body; he came a second blow at me, which I thought he meant at my head, but I screened my head with my staff; he then went away, and left me, and went towards the Hustings, and I saw no more of him. I was very much hurt; I had been beat down twice before; that was when they rescued the man from us. I do not charge the prisoners with any thing.

*** In a few Days will be published the Conclusion of this Trial, together with the remaining Trials.

Front Matter from Old Bailey Proceedings; Samuel Turner , Session II, Thursday 12th January 1769, Parts I-IV, 45-126

The Proceedings of the Old Bailey Ref: s17690112-566

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX; HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 12th, Friday the 13th, Saturday the 14th, Monday the 16th, and Tuesday the 17th of JANUARY, 1769.

In the Ninth Year of His MAJESTY's Reign. Being the Second SESSION in the MAYORALTY of The Right Honourable Samuel Turner , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER II. PART III. and IV.

Containing the Conclusion of the TRIAL of LAURENCE BALFE and EDWARD M'QUIRK, For the Murder of Mr. GEORGE CLARKE , at BRENTFORD ELECTION; Together with the remaining TRIALS.

LONDON:

Sold by S. Bladon, at No. 28, in Pater-noster-Row. [Price One Shilling.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

Cross Examination.

By Mr. Lucas.

Q. WHAT distance is it from the end of the lane to the Hustings?

Mr. Clay. I told you before, about 40 or 50 yards.

Q. How far from the end of the lane was it where the prisoner was beating the man?

Clay. It was not far from it.

Q. Did you see whether they were the same people, or whether they were other?

Clay. There were them and more; there were more than I had seen before.

Q. Are you certain M'Quirk is the man?

Clay. I am. I will give you my reason for it. There was no man between us to take the sight from me. There was none but that gentleman's servant. If it is possible to know a man's face again, I am certain. I was about eight or nine yards from the gentleman's servant, when he was beating him.

Q. How was M'Quirk dressed?

Clay. I cannot tell. I cannot say to his dress. I cannot tell the colour of his coat, it struck me with such a terror at the time. My attention was upon his bludgeon and face.

Q. Had you ever seen him before?

Clay. No. I never had to my knowledge.

Q. Do you believe it is the man now?

Clay. I have no doubt now at all whether this is the man.

Q. What distance from the Hustings to where you received the blow?

Clay. It may be thirty, forty, or fifty yards, more or less.

Q. How were these rioters dressed?

Clay . They appeared like country men. Some had shortish coats; some drab-coloured; some light-coloured; some lopped hats. There were numbers of people had in their hats, Proctor and Liberty. Some had none.

Q. Had they all bludgeons?

Clay. They had sticks or bludgeons. Some not so large as others.

Q. Had they Proctor and Liberty in their hats, or Glyn, that did this mischief?

Clay. Immediately at that time I could not observe that. My attention was to my officers.

Mr. Serjeant Leigh. Here, my Lord, we have done.

Balfe's Defence.

I went down to Brentford with no bad intent, neither did I hurt any one.

M'Quirk's Defence. I am quite innocent of what is laid to my charge. I was at Brentford. I took up a stick, and was the instigation of saving Mr. Allen's life; and he has requited me for so doing. I leave it to my counsellors to call my witnesses.

For the Prisoners.

Richard Heighway , Esq; sworn.

Serjeant Davy. I call this evidence to the general account of the matter.

Q. Are you a freeholder in the county of Middlesex?

Mr. Heighway. I am. I went to the election at Brentford.

Q. Was you upon the Hustings?

Heighway. I believe I was upon the Hustings between eight and nine in the morning; and stayed upon the Hustings till the greatest part of the riot was over; till the Hustings were cleared.

Q. In the first place, did you make particular observations what was doing at the Hustings? I do not mean exactly the number, but at periods of time, when there was the greatest swell.

Heighway. I think it was between eleven and twelve o'clock. I inspected one of the books. It was generally understood there was a majority for Mr. Serjeant Glyn.

Q. How did it stand near the time the riot began?

Heighway. From the observations I made, there was not a greater majority before the riot began, than there was when the riot happened. It was understood so by many gentlemen that spoke to me on the Hustings. I think a little before two, I was called to by Mr. Plumber, of Hertfordshire, desiring Mr. Sheriff Shakespeare would let him come upon the Hustings. He let in Mr. Plumber and Mr. Barrington. Then I got back to my former station again. In the morning, soon after they began to poll, I very well remember, Sir William Beauchamp Proctor and Mr. Serjeant Glyn appeared on the Hustings, and Mr. Serjeant Glyn spoke to several people about the Hustings. The Serjeant's people began to hiss and revile Sir William very much.

Q. What time was this?

Heighway. This was between twelve and one o'clock. Mr. Serjeant Glyn conversed with several of them. Some of Sir William's people complained to me, they could not get up to poll.

Q. What hindered these people from coming to poll? What was the cause?

Heighway. I saw no obstruction, but by the other voters that were nearer the Hustings. I observed several of Mr. Serjeant Glyn's voters, that would not leave the Hustings after they had polled. That was one cause that people could not get up to poll.

Q. Whether you observed a great number of people coming?

Heighway. Some time about one, or between twelve and one, a little after this time, I observed a number of people coming from towards Acton and Ealing. I believe one hundred and sixty, or one hundred and seventy of them. I counted upwards of one hundred and fifty. They rode round the Hustings. Then, I believe, they dismounted, and came up, and polled. I saw some come up and poll at the book that I inspected. This was before I left my station to go for Mr. Plumber. A great number of them appeared to be Sir William's voters endeavouring to come to poll.

Q. Was it observed that the number for Sir William was very much increased?

Heighway. It increased very much.

Q. Was it understood by the gentlemen that they were considerably increased?

Heighway. It was generally understood that Sir William would have the majority, had the poll gone on; that was between one and two o'clock; the poll went on then quiet. If there had been no disturbance, I was of opinion that Sir William would have the majority. This was the opinion of several that conversed with me. I dare say Sir William's friends wished things had gone on quietly. It was what I wished.

Q. Did that continue to be the opinion till the riot began?

Heighway. It was the general opinion of my friends about the Hustings. At a little distance from the north end, we saw two men in a scuffle; one struck the other; this was at the end opposite the door: there was a rail where people could rest their feet and hands upon.

Q. What time was this?

Heighway. This was a little after two o'clock. This is what I call the beginning of the riot. Some of the constables endeavoured to part them: one of the constables was knocked down, and his staff broke. When the staff was broke, there were other constables came to their assistance. There was a hat thrown up into the air very soon after.

Q. What part of the place was the hat thrown up from?

Heighway. It was opposite the north end of the Hustings.

Q. Do you know who threw it up?

Heighway. No, I do not.

Q. Had it a lace upon it?

Heighway. I could not see whether it had or not. Soon after that a great number of people rushed into the street, and beat the people down, and drove every body away before them.

Q. Was there any circumstance that happened at that time, by which you are able to form any opinion what party that was?

Heighway. I did not know any of the party. I could not distinguish the faces of any of them, but one man who began the scuffle. I think I should know his face was I to see him.

Q. Do you know what side he took?

Heighway. I cannot be able to say that.

Q. Did the mob that did this, make any shout? Or what did they say?

Heighway. They made no shout when they began, but when they had drove away all the people, they cried Glyn for ever.

Q. Was that the same mob?

Heighway. I cannot take upon me to say it was the same mob. It was the continuation of the same riot. They went round the outside of the Hustings, and round the north end again, and then they shouted. I think it impossible to distinguish any of the men, unless they went there on purpose. They had large sticks or bludgeons. I do not know how to distinguish a stick from a bludgeon.

Q. Had they any labels in their hats?

Heighway. I think they had many.

Q. What were they?

Heighway. They were Proctor and Liberty: and in marching round, they cried Glyn for ever.

Q. Could you distinguish the cards?

Heighway. I could. There was a considerable difference in them; Glyn's were Glyn upon blue paper; and the white ones were Proctor and Liberty. From the colour of the cards, I concluded it was Proctor and Liberty.

Q. Then in consequence of this there was a general stop to all business?

Heighway. Yes; from the beginning of the riot, there was an end of business for that day.

Q. Did you stay upon the Hustings later than others?

Heighway. I staid upon the Hustings, and walked towards the middle, and saw some gentlemen abusing Sir William very much; very grossly.

Q. Did you apprehend it to be Sir William's mob at that time?

Heighway. I had so little notion of a mob, that I could not tell. I thought it very absurd for Sir William to do it at such a time.

Q. How long did you stay upon the Hustings?

Heighway. I stayed till after Sir William had quitted the Hustings.

Q. How was he treated by the mob?

Heighway. As he went to a gentleman's house, a little to the right of the Hustings, he was pelted very much.

Q. Was this by the first mob that made the riot, or a contrary mob?

Heighway. I understood it was the same mob; but I cannot say that.

Q. Why did you so understand it?

Heighway. Because they kept on without intermission. I observed the mob seemed to fight one another. Sometimes I saw some gentlemen speaking to Mr. Sheriff Shakespeare, upon the Hustings.

Q. When did they begin to fight one another?

Heighway. They were fighting one another at the beginning of the riot, and in the middle of the riot.

Q. Did you see any compact body that made any regular attack?

Heighway. No, I did not. I saw a scuffle among individuals. I believe it was the first rioters that continued their course without intermission, and went round the Hustings.

Q. Did you see Mr. Sheriff Shakespeare assaulted?

Heighway. No, I did not. I heard he had a narrow escape, I did not go out of the Hustings till the riot was over.

Q. How long did the riot last, from the first attack of the two men in the scuffle?

Heighway. They got away from the Hustings as fast as they could. It was over, and the outside of the Hustings was cleared in a few minutes.

Q. How many minutes do you think?

Heighway. A minute or two, or a little more. It was a very short space of time. It began in a moment after the hat was thrown up. It was all in a confusion within the Hustings. Many of the other gentlemen leaped over on the other side. They were all confused first on the outside, and then all within.

Cross Examination.

Counsel. You say a hat was thrown up in the air; then there was a confusion?

Heighway. There was a confusion before the hat was thrown up; I saw a number of people direct their course up to the Hustings; they knocked down indiscriminately all those that stood in their way.

Q. You say they had sticks, or bludgeons; what length might they be?

Heighway. They were about three feet long, though some were longer.

Q. You say you did not see any compact body?

Heighway. I did not.

Q. Did they not keep together to defend themselves, and offend others?

Heighway. After the hat was thrown up, they rushed on, and proceeded knocking down all.

Q. Did there seem to be a considerable force?

Heighway. There did.

Q. What was your employ on the Hustings?

Heighway. I was an inspector.

Q. Did you observe some of the men fighting, that had white cockades on their hats, that had Proctor and Liberty on them?

Heighway. Some had.

Counsel. It is very extraordinary for them to call out Glyn for ever: that was certainly against their own interest.

Heighway. I cannot pretend to say. There were many that cried Glyn for ever, had white labels in their hats.

Q. So then you believe these men imposed upon the people? I want to understand it. Your evidence carries that idea.

Heighway. My ideas are nothing to the court; the people that cried Glyn for ever, many of that body had white cards on their hats. I do not say they all had; there were some had blue ribbons.

Q. Can you speak with any degree of certainty; did any of these men who made this attack, did any one of them cry Glyn and Liberty, or Glyn for ever, or Glyn at all?

Heighway. I kept my distance. It appeared to me they came round in a direct course, and if they did, as I suppose they did, some of these very men cried out Glyn for ever.

Q. Whether any of them so armed did cry out Glyn?

Heighway. I think they were all armed.

Q. Pray what number of men were there?

Heighway. There appeared to be a great number. I believe when they came on the inside the Hustings there were upwards of fifty.

Q. How many do you think there were of them at least?

Heighway. There were a great many of them.

Q. How came they to separate?

Heighway. I did not see them separate at all.

Q. How long do you think the riot lasted?

Heighway. I believe it did not last above two minutes. It did not appear to me to be above.

Q. If I understand you right, you have described these men coming round the Hustings several times, what do you mean by round and round?

Heighway. I mean twice.

Q. What time did Sir William Beauchamp leave the Hustings?

Heighway. I believe he left it the second time. There were numbers of voters in the street. Sir William was abused very soon after the riot began.

Counsel. Then the general cry of the place was Glyn?

Heighway. I remember when Glyn was declared, the cry was very much so.

Q. How was it when Sir William was declared?

Heighway. Then it was not so much.

Q. How did you escape?

Heighway. I went over the Hustings, and walked away to a gentleman's house. The mob had just broke the windows where Sir William Beauchamp was. The mob followed him as I came away, quite to the gentleman's house.

Serjeant Davy. Then the general cry was at first for Serjeant Glyn, and for Sir William but little?

Heighway. The cry was most for Serjeant Glyn.

Serjeant Davy. The people who began the riot had every one a bludgeon?

Heighway. These that I saw, that appeared active in the riot, had each of them sticks or bludgeons.

Serjeant Glyn. How many of them had labels with Proctor and Liberty?

Heighway. There were many of them had, but whether the greater number of them had, I cannot say. I should imagine not half of them had.

Serjeant Davy. Was this a body of men acting together, or opposing one another?

Heighway. The body appeared to me to be a body in favour of Serjeant Glyn. The inferior number I took to have white labels.

Serjeant Davy. Was the shout for Serjeant Glyn during the riot, from the greater or the lesser number?

Heighway. I should imagine they very nearly all shouted together; all this body that paraded round, as well these as the others.

Court. From your evidence, I understand you mean, that one mob drove all the people before them?

Heighway. I apprehend, when one party got the advantage, they drove all before them, and then they marched round the Hustings; they seemed to be a confused body together.

Q. Did these people, that they made the attack upon, make any attack upon them?

Heighway. Many of them that were before quiet round about the Hustings; some of them were knocked down.

John Stevens sworn.

John Stevens . I was at Brentford the first day of election.

Q. Are you a freeholder?

Stevens. I am. I saw some small disturbance after I had polled. There was a body of us that went together in a coach; we made an appointment not to go into any tavern, but the person that first polled should wait till all could get together, in order to leave the town immediately. I polled I believe between twelve and one; I was the first. The other three gentlemen were close at my back. When I had polled, I went and stood near our own coach, waiting for the rest. I removed a little from the Hustings, and stood off towards the back door of the Castle-Inn. I waited till near two o'clock, before we went away; not a great way from the back door of the inn, I perceived people walking backwards and forwards; some with little oak sticks not a yard long, and some others with white sticks, somewhat like a mop-stick. I saw two of these, they were different from others, which caused me to take notice of them. One of these men were surrounded (he stood but a little way from me) by four or five men, who had those little bludgeons in their hands, but whose party I know nothing of. They insisted upon his delivering up his stick to them; he expostulated very mildly to them, to this effect: Why should you want to take this stick from me? I have not offended any body, nor do I design to offend any. They insisted on his delivering up the stick. At last, I interfered, and said, Friend, you had better deliver up the stick, it may prevent farther trouble. Upon which the fellow delivered it up, and went off very quietly. On the other side, I suppose not four yards from the same place, was another man, with another stick; he was close to my right hand; they wanted his stick. I said, You had better deliver it up. The fellow ran away. That is all I saw at that time. I was a little afraid some quarrelsome work would ensue, therefore stept up towards our coach to my company. As I was moving towards the coach, I heard a great shout at my back; I turned round, and at that instant I saw a considerable body of men coming from the back door of the Castle-Inn: whether they came out of the Inn-Yard, I do not know. They came in a body either from the outside of the gate, or the inside; they must come from the gate; there were a great many people walking backwards and forwards. In a minute or two, I saw them white staves, or two others, held up in triumph, as if taken away. Hearing this shout, I turned round; I saw many people running for shelter. My company were that moment come to the coach, we jumped into it. I put my head out, and saw how they directed themselves; they went towards the Hustings. I saw the sticks flying in the air; we begged our coachman to haste away, he drove away; we desired not to be witnesses to any cruelty that might ensue.

Q. Did you hear them say any thing?

Heighway. I heard nothing said by them. I can give no evidence, whose people they were; they must come from near the gate of the Castle-Inn, or from the inn. I had no conception, that they came from any place beyond it; I know nothing whether there is any passage beyond; I do not know how the town is situated. At that time I really thought it was one of Sir William's houses, but now I know it was not. Immediately as ou r coach set out, we were followed by a good many people, who said, that mob was knocking down all before them. And that was the beginning of the riot.

James Clithro sworn.

James Clithro . I was at Brentford election. I went out before eight o'clock; we got there before the polling began.

Q. Can you recollect at the time the riot began, whether there were a great number of freeholders arrived in town for Sir William Beauchamp Proctor?

Clithro. I saw some, but that was, I believe, between twelve and one; they were going down to poll. They were about half a mile from the poll.

Q. Can you form any judgment what number that party might consist of?

Clithro. No. I believe, there was above an hundred. These I met above half a mile from Brentford.

Q. An hundred freeholders must be a considerable time in polling.

Clithro. I was in the booth, I kept near the center of the booth; I said to a gentleman, It was the best way for us to stay there. I saw a party going round the booth pretty rapidly; as soon as they past the north corner, I jumped over the rails, and ran away as fast as I could. I believe half of them had cockades; I could read some of them; they had Proctor and Liberty upon them.

Alexander Eason sworn.

Eason. I was at Brentford election. On the 8th of December, I arrived there between twelve and one; we got out of the coach in the road, near the north side of the Hustings; we had all agreed to go into no house, but go and poll as soon as we could, and make the best of our way home before dark, if possible. We intended to keep as close together as we could. Mr. Stevens gave his vote first. I stayed some time, before I could have an opportunity to poll; for when it came to my turn to poll, the book was handed sometimes on one side me, then on the other. Said I, It is my turn next, I desire you will let me go, I am like to drop down. Still it went on one side, then the other, then over my head. Then I insisted upon it, I would be polled. I was, and gave my vote; after which I made the best of my way to the outward rail, with great difficulty. I had a friend, who lives at Kew, proposed to meet me, I went three or four times round the booth to see if I could fine him. I found all the rest of the gentlemen were ready to go; I told them, I would not detain them. Upon the south-east corner of the booth, that faces the Castle-Gate, as I was on the outside the mob, I saw a man with a white staff in his hand, I believe, about four feet long, like a mop-stick.

Q. What time was this?

Eason. Then it might be about two o'clock. The man was on the path that leads to the Castle-Yard. Two or three men came up to him, and said, That was not a weapon that he was to have there; they told him he must part with it. There came two more with white staves, then the others insisted on taking all three from them; they made some words, but nothing of any outrage, or bad words, but did not care to part with them; but they were taken away, a footman took them away; I saw him carrying them towards the Hustings. There was one with a staff making water towards the Castle-Gate; a constable went to him and said, I am ordered to take it from you. Said the man, I mean no harm, I do none, what do you rob me of my stick for? He said, I will have it, it does not signify. I observed Mr. Stevens go to him, and take him by the arm and speak to him, and the man delivered it up. What became of that stick, I cannot tell. We drawed a little way from the Castle-Gate, to go towards our coach. I believe, in less than a minute after (we walked but very slowly going up the hill) I looked back, there I saw a vast number of people collected together, in a great mob of all sorts. It was on the inside the Castle-Gate. The constables seeing this, assembled together on purpose to keep them in, as I understood, not to let them break through. While they were thus going on, I saw the constables staves and bludgeons, and these white sticks, all intermixed, and at last the mob overpowered the constables. Then I said to Mr. Stevens, Let us make the best of our way to the coach; we did, and before we got into the coach, they had almost got to the north end of the polling place. We drove on, and saw no more of it.

Q. Did you observe what ribbons these people had in their hats?

Eason. Those with white-staves had got Proctor and Liberty; there were some without any cockades at all; some with Glyn's cockades. There were bludgeons, and all sorts of sticks there.

Q. What had they in their hats, that took away the staves?

Eason. I did not observe what they had. I did not understand one side more than another. I dare say there were pretty near twenty constables.

John Wilson sworn.

John Wilson . I was at the Brentford election, on the 8th of December last.

Q. Did you see Mr. Jordadine there?

Wilson. Yes, he was at my school.

Counsel. Relate any circumstance you saw of his behaviour.

Wilson. He desired me to look out for the best opportunity for him to poll. I kept a look but, and said, I thought it was now as good time as any. I had not seen it so clear a good while.

Q. What time was this?

Wilson. This was about two o'clock. He went out escorted by half a dozen men or more, that were hired to aid the constables of Brentford, and to assist persons to poll. He was very infirm.

Q. Did these men behave improperly?

Wilson. Not as I saw.

Q. Who did Mr. Jordadine go to poll for?

Wilson. For Sir William Beauchamp Proctor. There was a person came to take their staves away from them.

Q. Who was that person?

Wilson. Mr. Grange. He is a headborough for the hamlet of Hammersmith.

Q. Did he complain of any improper behaviour of these men?

Wilson. No. He wanted to know who gave them authority, and knocked several of them down. They had done nothing more than to escort the people that went to vote for Sir William. They behaved very well and peaceably. I saw him strike several.

Counsel. I suppose these were people that behaved improperly.

Wilson. No. They did not.

Q. Did they go up to the Hustings?

Wilson. He demanded their staves, and demanded to see their authority; and forced the staves from a great many of them, and gave three chears.

Q. Was there any riot on this?

Wilson. The riot succeeded immediately.

Q. What followed upon this?

Wilson. As soon as they had gained the victory, they went away with three Huzzas. This was the first I saw of the riot.

Q. Who gave three chears?

Wilson. Grange and his attendants.

Counsel. You say they huzzayed upon gaining the victory.

Wilson. That was in taking away the staves from these men that behaved peaceably.

Q. Where is your school situated?

Wilson. Within 30 yards of the Hustings, on the east side.

Samuel Wegg , Esq; sworn.

Mr. Wegg. I was at the election of Brentford. I came in between twelve and one, as near as I can recollect.

Q. How long did you stay?

Wegg. I staid till the riot happened.

Counsel. You was within the Hustings.

Wegg. I was never on the Hustings. I joined at Acton a great number of people that came from the Hertfordshire side of Middlesex. A gentleman told me there were 160 on horses, and many in carriages, ready to poll for Sir William. We went to the north-east corner, where I found no probability to get up; I went round from that corner to the north-east; and just as I turned round, I saw several people: (there were four or five people voting:) they said they would vote with me if I would give them leave. I voted in about a quarter of an hour: after that I returned back again, and saw the high constable, Mr. Clay, and talked with him a little while. After I left him; I heard somebody call out, They are coming! they are coming! Upon which I turned round, and saw four or five and twenty men, with sticks in their hands, and white waistcoats. They seemed like carpenters. I went and stood by the east-corner. I saw these men advance to the north-side of the booth. I did not see them strike any body then. Much about the center of the booth they were called upon to take them into custody. I heard that repeated several times, and presently saw them surrounded by constables. I saw nothing but constables surround them. Immediately after that, I saw a hat thrown up from the crowd. As it was surrounded by the constables, who it came from I cannot tell. Very soon after that, I saw one constable lie flat on his back, and a broken staff by him and a man; whether the man that struck him I know not. Also a man very near him with a stick in his hand; but whether he struck him or no, I cannot say. Immediately after that, I saw Mr. Clay, the high-constable, go to the assistance of the man that was down; and I saw that man that stood by strike the constable twice; who he was I do not know. I then walked away.

Q. What did he strike him with?

Wegg. A stick.

Court. Was this one of the men in a white waistcoat?

Wegg. I think he had a white waistcoat on. I will not be certain.

Q. Did you look back (when you heard the voice they are coming) to see where they came from?

Wegg. I saw them coming from towards the Castle-yard.

Q. Before this fray happened, did you hear any thing, or know any thing, from the general opinion of those that you conversed with, what the state of the poll was, and how it would have been?

Wegg. I cannot be certain; but few of them that came with me could have polled.

Court. Is this yard a spacious yard, or how?

Wilson. It is a spacious yard; one part is very wide.

Court to Wilson. How were these people dressed that you say took away the staves by your school?

Wilson. Grange was in black. I did not take notice of those that were with him.

Court. How far is your house from the Castle-inn?

Wilson. My school-house is at the top of the Castle-yard. It may be 60 or 70 yards from the back gate.

Court. How many people came out of the Castle-inn?

Wilson. Five or six, or ten perhaps.

Q. Had they any weapons?

Wilson. I did not observe they had.

Q. Where did they go?

Wilson. Towards the Hustings.

Q. to Wegg. Whether the Castle-yard is not a public thoroughfair?

Wegg. I have rode through the Castle-yard. It is a long yard, and has a narrow passage for a little way, and then the yard opens, and is pretty wide.

Patrick Clark sworn.

Patrick Clark . I was at Brentford election.

Q. What was your intent in going there Have you a vote?

Clark. I have no vote. I was hired by Mr. Broughton.

Q. What is Mr. Broughton?

Clark. He is one of the yeomen of the guards.

Q. What was the express orders that you was to do?

Wilson. We were to make way for the constables, for the gentlemen to come in, to keep peace and quietness, to make way for the gentlemen to come in, if called upon by the constables.

Q. What was you bid to do?

Clark. To open a way to the Hustings, in case there was any obstruction.

Q. When did you receive these instructions, for the first time?

Clark. As I set out for Brentford.

Q. Where did you meet?

Clark. At King-street, St. James's.

Q. Did you set out with any body else, or go alone?

Clark. I set out with more men.

Q. What time did you go to Brentford?

Clark. About ten or eleven.

Q. Had you or your companions any sticks at all?

Clark. I had none; nor my companions, as I know of.

Q. Had they the same orders as you had?

Clark. Yes.

Q. Had they sticks or no?

Clark. Some of them had. They had no large sticks. Some of them had little rattans.

Q. Had any of you bludgeons, or any offensive weapons?

Clark. No. Our orders were to have no arms.

Q. Was there any disturbance for the first three or four hours?

Clark. No.

Q. Did you go to any house for refreshment?

Clark. I went to the White Horse. I was there a little before the riot happened. I was cut upon the green two hours, and upon the right side of the hustings. I saw a man with a large bundle of broom-sticks.

Q. Where did these sticks come from?

Clark. That I cannot say; to the best of my opinion from the Castle, or up that way.

Q. What leads you to say so?

Clark. They came upon the outside the Hustings, and threw them among the mob.

Q. Was that a mob standing near the Castle?

Clark. No; it was on the right side of the Hustings.

Q. Who was there to receive these sticks?

Clark. There were a number of people there.

Q. I do not ask the particular names; where the people belonging to your company?

Clark. No.

Q. Where those you went with any of the people?

Clark. No.

Q. Had you any label in your hat?

Clark. Yes.

Q. What label was yours?

Clark. Proctor and Liberty.

Q. Had all your company those labels?

Clark. No.

Q. Had those such labels where the sticks were thrown?

Clark. They were country people, or such sort of people.

Q. How long was this before the riot?

Clark. This was about one o'clock.

Q. Where was you from that time?

Clark. I went to the White Horse.

Q. Did you dine there?

Clark. No. I had some bread and cheese.

Counsel. That is a good dinner.

Clark. Better than I have had to day.

Q. Do you know any thing farther of the matter?

Clark. I know no more than that of their coming out of the Castle.

Cross Examination.

Q. Pray what are you?

Clark. I am sometimes a labouring man, and sometimes a chairman.

Q. What acquaintance have you with Mr. Broughton?

Clark. He is no acquaintance of mine.

Q. How came Mr. Broughton to hire a man he knew nothing at all of?

Clark. To keep the peace at Brentford; that was what he told me.

Q. When did you meet Mr. Broughton about this?

Clark. A day or two before the election.

Q. Where?

Clark. In King-street, at the Swan.

Q. How many men were to be in your party?

Clark. Ten and I.

Q. Was Mr. Broughton to go with you to Brentford?

Clark. No.

Q. What were the other ten?

Clark. Some one thing and some another.

Q. Did not you know some of the men that were to assist you?

Clark. Some of them were servants.

Q. What, livery servants?

Clark. No; servants out of place.

Q. Were not some of them chairmen?

Clark. Yes.

Q. What was Broughton to give you?

Clark. A guinea. I was to stay during the election.

Q. Had you all cockades of Proctor and Liberty?

Clark. I had one.

Q. Had the other men that were with you?

Clark. Yes.

Q. When you went to Brentford, how early was you there?

Clark. At eight o'clock.

Q. Was your directions to set out so early?

Clark. Yes.

Q. Had you this direction from Broughton?

Clark. Yes. We were to go all together.

Q. Who was to have the conducting of this body?

Clark. I do not know that any body had, only to go there.

Q. Was you directed to go to this White Horse?

Clark. Yes, or any of the houses of Sir William that were open.

Q. Who directed you to that?

Clark. Mr. Broughton said there were houses open to receive us.

Q. You went to the White Horse; how came you out upon this common? You was not keeping the peace to assist those voters. What did you do there?

Clark. I was doing neither good nor harm.

Q. You tell us, your employ was to assist the voters. What did you do there?

Clark. That is round the Hustings.

Counsel. So about one o'clock you saw men coming with bundles, and threw sticks down for any body to pick up that pleased.

Clark. Yes.

Q. Did they go away then?

Clark. I cannot tell. I was called out to dinner, and staid there till past two o'clock.

Q. Then you saw nothing of this riot?

Clark. I saw one or two struck, but if I was to die, I did not see any body knock'd down.

Q. A man came and call'd half of you that were to go to dinner, and the other to stand together. Did you understand him?

Clark. I understood no further by that, than that we were to go to dinner.

Q. Did you know the man that came to call you?

Clark. No.

Counsel. Then, when you returned, all the riot was over, and the mischief done. And you do not know the man that call'd you.

Clark. He was a man for Sir William.

Q. Where did you go to dine?

Clark. I do not know.

Counsel. Then you had an invitation by an unknown man to an unknown place to dinner.

Q. Have you dined now?

Clark. Yes.

Counsel. And as soon as you saw these sticks thrown down, you went into the White Horse, and staid there till the riot was over.

Clark. Yes.

Q. How did that answer your purpose of going to keep the peace?

Clark. When I was called out, it was all one.

Q. How many such companions were there belonging to Sir William?

Clark. There were sixteen or seventeen.

Q. Were there any other persons that went down for Sir William besides you eleven?

Clark. I do not know.

Q. Then who were these sixteen or seventeen?

Clark. They had on the same favours that I had.

Q. Did they appear like chairmen or servants?

Clark. They did not appear in chairmen's clothes.

Q. Were they like servants in livery?

Clark. No.

Q. Was you in chairmen's clothes?

Clark. No.

Q. Did you know any one man beside yourself that was there?

Clark. I knew one chairman beside myself.

Q. Who was he?

Clark. One of these men, Balfe.

Q. Was he of your party?

Clark. He was not.

Q. Was he in the room with you?

Clark. Yes.

Q. Who were the others?

Clark. One man that went with me.

Q. Who was he?

Clark. One Tippin.

Q. Who where the others?

Clark. I know them by sight, but not by name.

Q. What is Tippin?

Clark. He is a chairman.

Q. Do you know his Christian name?

Clark. It is Robert.

Q. Do you know any others of these people with Proctor in their hats, besides Tippin and Balfe, that kept company with you?

Clark. There were several besides, whose names I do not know.

Q. Did Balfe stay in the room with you while the riot happened?

Clark. I do not know whether he was in the room. I cannot say.

Q. Did you know any of the constables in Brentford?

Clarke. No; I did not.

Q. Did you enquire for any of the constables at Brentford?

Clark. No; I did not.

Counsel. Then you did not tell any of the constables at Brentford, you was come by Mr. Broughton's order to assist them.

Clark. No.

Thomas Stone sworn.

Thomas Stone . I was at the election at Brentford.

Q. Do you remember about the middle of the day, when a great number of people were coming to poll for Sir William Beauchamp , what passed upon the news coming?

Stone. There were, I believe, about twenty carriages, and a great many horsemen; and as they came by the booths, a great many people with Glyn's favours in their hats hissed them: and there was a young fellow, with a brownish coat, and his own hair, cried out, Proctor for ever! Upon which one of these men knocked him down. Then Mr. Pierce went up among the croud, and the people with Glyn in their hats said, Kill him, he is a madman. We got him and hussled him away. Soon after that, I went to the Royal Oak. I there said, There were a vast number of voters on behalf of Sir William, to the amount of two or three hundred, and that I was pretty well assured Sir William would get ahead of Mr. Glyn in the poll speedily. Upon which, seeing one David Harper , of Spitalfields, with two favours in his hat, one on one side, and the other on the other, with Glyn on one, and the other plain, I said, What do you do with one of these favours in your hat on each side? Are you not afraid of yourself in one of Proctor's houses? His answer was, I must go and take care of my possy.

Q. What! Glyn was the plain one?

Stone. They were both of the same colour; one was a paler blue than the other.

Q. Were there not many in Serjeant Glyn's interest that day, that wore plain blue ribbons?

Stone. I believe there might. I then mentioned the number of coaches and carriages that came upon votes. I must go and take care of my possy, and struck me. I had no favour at all in my hat. I went from thence to the Hustings, where I saw several men with Glyn's labels in their hats strike several of Proctor's people.

Q. What time was this?

Stone. This was about two o'clock, as near as I can guess. This was after we had been out a great while, for we could not get up to the Hustings at first. It was difficult to get up. People were hoisted over people's heads to vote.

Q. What hindered them?

Stone. Mostly Glyn's people. I saw them strike Proctor's people about two o'clock. Then the hat was thrown up. I was upon the left side of the Hustings.

Q. Where was the hat thrown up from?

Stone. Just by, where these men were that struck the others. The Hustings stood north and south; and I understand, as my face was fronting the Hustings, it was on my left hand. Upon the hat's being thrown up, a general insurrection followed all round. The people on each side were, some defending themselves, and some assulting. I ran from one part of the Butts to another, till I made my escape. I wanted to send out to know what was become of Harper; they told me that he fled immediately out of that house, and was gone.

Q. Did you meet the people coming from the Hustings soon after?

Stone. I saw the people with their poll books in their hands, running as fast as they could; and I turned back to the house again.

Q. Was there any insults after that?

Stone. When I got in again, news came, that the mob was coming to pull the house down. There were several panes of glass broke.

Q. Were there not a number of people about the door?

Stone. I could not see. I was in the kitchen. I went upon the Butts again, and saw them breaking the window of a gentleman's house.

Q. Whose people were they?

Stone. They were dressed like country men; like brickmakers, or farmers servants.

Q. Whose house was that?

Stone. It was the house that Sir William Beauchamp Proctor went into.

Q. Where is that house?

Stone. It was one side of the Hustings.

Q. How many were there of them?

Stone. There were about 12 or 13 of them, and they d - d Sir William, and said, they would have his blood. I stayed there till the Sheriffs and high-constables came and took one of the mob and delivered him to one of the high-constables.

Q. Do you know who that was?

Stone. No; I do not.

Q. Do you know what became of him?

Stone. The constable let him go, by desire of the Sheriffs. They said it would be dangerous keeping him. They should run the hazard of their lives.

Cross Examination.

Couns. You mention something of Mr. Harper.

Stone. I have known him many years.

Q. What is he? Is he a peace-officer?

Stone. I do not know what he is.

Q. Are there not affidavits about it in the papers?

Stone. I made one myself.

Court. I can only say this, that I am exceedingly sorry to see it. It is the most improper in the world, and of the most dangerous tendency to instance the minds of the subjects. It is improper to hear any thing about affidavits one way or other.

Counsel. There is an affidavit of your's in the paper.

Stone. Not that I know of.

Q. You say there was a hat flung up?

Stone. I have said so.

Q. What part was it flung up from?

Stone. From the left side the Hustings.

Counsel. You say it was thrown up where the scuffle was.

Stone. Yes.

Q. Were the People that were scuffling in-circled by other people?

Stone. The whole Butts were incircled by a thousand people.

Q. Were a circle of people round the hat?

Stone. There were people every where.

Counsel. You say, that they that came to vote for Sir William Beauchamp Proctor, were handed over the people's heads.

Stone. I said several; there were three or four.

Counsel. Then those people that were round the Hustings suffered others to be hoisted over their heads.

Stone. Yes.

Counsel. Then the people that were cleared away from the Hustings in the riot, must have been Serjeant Glyn's friends.

Stone. I said the Hustings were chiefly surrounded by people with Glyn's favours in their hats.

Counsel. Then you know nothing at all of the clearing the Hustings.

Stone. No more than I have said.

Counsel. Then you do not know who were the possession of the Hustings at the time the hat was thrown up.

Stone. The sheriffs.

Q. Who were round the Hustings at the time of slinging up the hat?

Stone. They had Glyn's favours in their hats.

Counsel. These people that were cleared away from the Hustings at that time by the rioters, were chiefly with Glyn's favours in their hats, or were they not?

Stone. Yes.

Counsel. You say you afterwards saw Glyn's mob breaking the house where Sir William Beauchamp Proctor was.

Stone. Yes.

Q. Did you not suppose that to be the same mob that were clearing away the people from the Hustings?

Stone. I was not there at the time.

Counsel. You say they were d - ing Sir William, and all the Irish gang.

Stone. Yes.

Q. Who did you take to be meant by that?

Stone. The people with Proctor's favours in their hats, above one hundred. I had heard people say in the morning that Sir William had hired some men.

Mr. Impey. Did you suppose this Irish gang to be the people that said they would have Sir William Beauchamp's blood?

Stone. The other people said so.

Serjeant Burland. At the time these people were swept away from the Hustings, there were a great many ready to poll.

Stone. Yes.

Edward Roberts sworn.

Edward Roberts . I was at Brentford on the 8th of December, at the Three Pigeons, and about the Butts.

Q. Was you there before the riot began?

Roberts. Yes; I observed between the hours of one and two, to the best of my remembrance, there might be about thirty men assembled together, with favours for Mr. Glyn.

Q. Had they any thing in their hands?

Roberts. They had white sticks. One of the men said, he would fight any one of Mr. Proctor's men, and swore a bitter oath.

Q. Did this man make any noise?

Roberts. He cried out, Glyn for ever, and no Proctor; several of them cried out so. That man stripped, and with the stick he had in his hand, he struck several people that had favours in their hats for Proctor.

Q. How did those people behave with favours in their hats before they were struck?

Roberts. They behaved peaceably; I saw no disturbance by any of them. I went off through the Three Pigeons Yard.

Q. When did the riot begin?

Roberts. For what I know that was the beginning of it. I went away directly.

Q. What time did you go to Brentford?

Roberts. About eight o'clock in the morning.

Q. Was you there all the time?

Roberts. No. I might be there about an hour and a half before that.

Cross Examination.

Q. Are you a freeholder?

Roberts. No; I went there with my own free will.

Q. Had you a favour?

Roberts. No.

Q. What are you?

Roberts. I am a plaisterer by trade. As I was coming through the Three Pigeons Yard, I had like to have had my brains knocked out.

Dennis Cullom sworn.

Dennis Cullom . I was at Brentford on the 8th of December. I saw but very little. I saw a man, about one or two o'clock, stripped, and offered to fight any of Proctor's Irish gang; immediately I left the Hustings, and returned again in about half an hour, and saw them all in confusion, and I made the best of my way out of town: That was all I saw of it.

Abraham Pierce sworn.

Abraham Pierce . I was at Brentford on the 8th of December with Mr. Thomas Stone . I was at the farther end, where the Butts, as they call them, then were. There stood a parcel of men; one of them said, there come the country gentlemen! as they call them. When the country gentlemen came in, this man strutted out, and said, D - n you; now Proctor! - a young fellow just by the side of me, with a gold laced hat, and light-coloured wig. Two of these fellows came up and said, What do you say? he said, I say Proctor for ever. They came on each side of him, and knocked him down and beat off his hat and wig.

Q. How were these distinguished?

Pierce. They were on my left-hand side, the young fellow was on my right.

Q. Had they any cockades in their hats?

Pierce. They had none that I saw. I laid hold of the young man, and said every man is willing to give his voice for his friend. They said he was out of his senses, and they would duck him. They came and hawled him out of my hands. what they did with him I know not.

Q. How soon after was the great riot?

Pierce. From thence I went towards the town, to a little alehouse. There were some headboroughs there; they were waving their sticks, with favours of Glyn in their hats. Some were desiring the officers to take the sticks from some men. I said to the officers, I would not mind these sort of people; as they are quiet, let them alone while they are so. An officer said he had taken sticks from two of them. While I was talking, a set of fellows came up; and said, Where are they? and they went to battle royal with sticks. That was all that past as I saw. I never was at Brentford before.

Q. How far was this from the Hustings?

Pierce. About an hundred and fifty yards, I do not speak particularly; I made the best of my way home. I went to the upper end of the Hustings, there were two sets of people fighting one against the other.

Counsel. I thought you went away then.

Pierce. I stayed till they began to clear the Hustings; they went up to the Hustings, and then went round: when I saw there was nothing but mischief, I made the best of my way, as fast as I could.

Counsel. You did not suppose they were all on one side, when they fought.

Pierce. I did not look upon it they were.

Q. What were this set of fellows that came up, who did they come up to?

Pierce. They came up to the headboroughs, and were attempting to make a riot.

Q. Upon whose side did they come?

Pierce. Upon the headboroughs side; these men had Glyn in their hats.

Q. What set of men were these that came up with their sticks, were they Glyn's people?

Pierce. They were a set of people; but where they came from I cannot tell.

Q. How were they distinguished?

Pierce. Some had Glyn, and some had Proctor in their hats.

Q. How many country fellows were there offering to take their sticks from them?

Pierce. There were two county men standing; one would not part with his stick so easily to the officer, and the officer up with his long staff and knocked him down. Then up came these other fellows.

Q. What number of people might be about them?

Pierce. I believe thirty or forty; they began to scout as fast as they could.

Q. Had these people any thing in their hats?

Pierce. Some had Proctor and Liberty, and some Glyn. It was done all in the twinkling of an eye. This was done just at the time when a great parcel of people were coming to poll.

Q. Did you see any thing of what was done after?

Pierce. They had deserted the Hustings. Sir William went into a house, and they broke the windows: they d - d Proctor, and cried, Pull him out, Pull him out! They got bricks from a wall, and threw at the window.

Q. How many might be fighting in the street?

Pierce. There were several. I saw others throwing stones in the street. There were two fellows in the yard.

Q. Had these people any cockades in their hats?

Pierce. I did not see any.

Counsel. You are a freeholder, I believe.

Pierce. No, I am not. Two gentlemen asked me to go with them. I live in Spital-fields.

Mr. Sheriff Shakespear sworn.

John Shakespear , Esq; In consequence of the notice that we gave, we proceeded to Brentford, and was there by nine o'clock: we then took every necessary step to proceed in the election, and I believe, before the commencement of the poll, it was eleven o'clock, or more; I cannot speak precisely to a quarter of an hour, but I believe, the swearing of the clerks, and the-like, had taken up the time to then. From eleven o'clock, till about two, I never saw a poll go on more regular in my life time. About two o'clock a violent mob came down from the corner next the Castle, near the charity-school. I take it that the booth, I am not quite clear, stood, as near as can be, north and south, and therefore this was at the north-east corner, at the end where the door is. It appeared to me, that a number of people came down from that corner. The attack was extremely violent; they delivered their blows indiscriminately, and to the best of my judgment, the whole affair did not last more than from three to five minutes. I do not think it lasted longer, for they dispersed as quick as they came on; so that it was very sudden in its rise and execution; extremely so. As fear increases numbers, many people that were by me, were of opinion, there were a great number; but I do not think, that the acting men exceeded twenty-five or thirty at the most: many of our clerks, and the cheque clerks, were driven away from their stations; for there was a general riot. Mr. Hallifax and myself immediately called upon our under-sheriffs to go with us, to consider of what was proper to be done. We adjourned till next morning, in a legal manner, and then proceeded to read the riot act. A great number of country people naturally came round the booth; I saw only one of the rioters that attempted to come upon the polling place. Those that I call the rioters, were gone at that time. I went up to Mr. Drinkwater's, where the people were breaking the windows, and I remember one man in a white jacket was running upon the wall.

Q. Was that the house where Sir William had retired to?

Answer. I understood it so. I have not seen Sir William from that time to this:

Q. What were they saying, at that time?

Answer. They were d - ing Proctor, and the like.

Q. Whose interest was Mr. Drinkwater in?

Answer. In Sir William Beauchamp's, I suppose.

Cross Examination.

Counsel. I understand that from eleven o'clock till this riot, every thing was very quiet.

Answer. It was.

Q. Whether this was one armed mob, fighting with another armed mob, or whether it was a body of armed men coming down, and attacking those that were unarmed, about the polling place?

Answer. It was that that struck me particularly; those seemed to come all from one quarter, as one mob. It had that appearance to me.

Q. How were these men you call acting men armed?

Answer. They seemed to have white-sticks, of near three feet long.

Q. Whether these persons that were afterwards at the house where Sir William was, were they the same people, or others?

Answer. They dispersed themselves when we came up, so that I cannot tell. The man that was running on the wall, he seemed to be a baker's servant. He was gone when we came.

Q. Whether this man that you saw approach the booth, and get upon it, spoke to Sir William?

Answer. No, Nor did I see any person struck upon the booth.

After Mr. Justice Gould summed up the evidence, the jury withdrew, and returned in about twenty minutes, and brought in their verdict.

Both Guilty. Death.

They moved in arrest of judgment, which was argued on Monday the sixteenth, but it was over-ruled by the court, and they received sentence to be executed on the Wednesday following, and their bodies dissected and anotomized.

Whereas several errors in the former part of this trial, through the hurry of preparing it for the press, have past unnoticed; it is hoped the candid reader will correct on page 75, line 20 from the bottom, of the second column, for yet revolving read not revolving, line 17 from the bottom, dele the word not; and line 14 from the bottom, for I did read I did not; and add the word Mr. to their Lordships names, where omitted some pages before.

The above errors are some of the many that may occur in the former part of this trial, especially in that part of it where the short-hand writer has given, from his minutes uncorrected, what he understood to fall from the Judges and Recorder; which he confesses has not been used to do, without their permission or supervision, and which he should not have printed on this occasion, if he had not been anxious that the public should have an exact copy of his minutes, that there might be no suspicion that he had suppressed any thing which had occurred in this remarkable trial. The conclusion of Mr. Justice Aston's speech, and the last part of what fell from the Recorder, he is sensible, is very imperfectly taken.