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Light. I did not tarry at all; I came in for a pint of drink, and went away.

Mr. Whittaker. Was you not in his company after that?

Light. I came into the house before they

went away.

Mr. Whittaker. What time of night was it when you came in the second time?

Light. About ten o'clock.

Mr. Whittaker. How long did they stay after that?

Light. Until between ten and eleven.

Then Ward was sworn.

Mr. Whittaker. Did you see Dammaree the first of March at night?-Ward. Yes.

Mr. Whittaker. What time of night was it? Ward. Half an hour after ten.

Mr. Whittaker. Where did you see him? Ward. I left him at this gentlewoman's shop.

Mr. Whittaker. Where does she live?
Ward. In Fleet-street.

Mr. Whittaker. How do you know it was that time?

up

Giles. After he was gone, I did but lock my doors, and go up stairs, and it struck eleven. Mr. Whittaker. What condition was he in? Giles. Very drunk.

Mr. Whittaker. How long had the fire been before that?

Giles. A long time, some hours: the people that went along, said, they had burnt the inside of the meeting. About eight o'clock they were burning it, and about ten o'clock they said it was all burnt.

Just. Trucy. Did you hear him talk of any fire at a friend's house in the Strand?

Giles. He said nothing of that, but asked me if there was not a fire: I said there was a fire in Lincoln's-inn-fields.

Sol. Gen. Was any body with him?
Giles. Nobody but himself.

Att. Gen. Was you acquainted with him?
Giles. I never saw him before, that I know.
Att. Gen. Then you was an utter stranger

Mr. Whittaker. In what condition was he to him? How came he to be talking with you? when you saw him there?

Ward. He was drunk. Mr. Whittaker. Did you see him do any thing indecent?

Ward. Yes, he reeled about, and asked what is the matter? We told him there was a disturbance; says he, I hear there is a fire. Mr. Whittaker. What did he do after that? Ward. I left him there.

Mr. Whittaker. Was any body with him? Ward. No, none but himself.

Mr. Darnell. How long before had the fire been?

Ward. A long time; there were forty people had come and said, that all the inside of the meeting was burned.

Mr. Darnell. How long before that? Ward. I believe it might be an hour before; about eight o'clock: I was going into the city, I saw a great many people, and they had the two irons that bore up the top of the pulpit: what is the matter, said I? Why, say they, those men have the bars that kept up the top of Mr. Burgess's pulpit; and I knew them to be those bars, for I have seen them often.

Mr. Darnell. Where was it that you saw them?-Ward. It was at St. Bride's church. Mr. Darnell. You say the fire had been an hour before you saw him in Fleet-street? Ward. Yes.

L. C. Baron. Who told you they were the

bars?

Ward. The people that flocked after them.

Then Mrs. Giles was sworn.

Mr. Whittaker. Do you remember the night that this disturbance was, that you saw Mr. Dammaree?

Mrs. Giles. I saw him, I believe about a quarter after ten; he stood and talked with me. Mr. Whittaker. How long did he stay? Giles. Above a quarter of an hour.

Giles. I was standing at the door with some others, and he came to us.

Att. Gen. Did he come to you on any bu siness?

Giles. He came as he was walking along, and asked me, what was the matter? Att. Gen. Had not you been asked that question by a great many before?

Giles. By a great many.

Att. Gen. Do you remember who asked you the question before him?-Giles. No.

Att. Gen. Then how came you to take more notice of him than of others that asked the same question?

Giles. Because he stood a great while, and talked, and had the queen's coat on: he was very fuddled, and stood and talked with me, and that made me take notice of him.

Att. Gen. How came you to be subpoenaed? Giles. Because I had said to several gentlewomen, that there was such an one taken up ; they said he was pulling down the meetinghouse: I said it was impossible, for that he was with me at that time, and came from the city-wards, and that made me enquire into it.

Att. Gen. Then you was sent to him, was you?

Giles. No; I did not go, but a gentlewoman in Arundel-street, one Mrs. Pinkney, did: I know nothing of him: but because I thought he could not be the man, I was willing to clear him if I could.

Mr. Whittaker. How long have you lived where you now do ?

Giles. I have lived there twenty years. Sol. Gen. What did you talk about? He could not be a quarter of an hour asking that question.

Giles. No; but a great many came by, and asked, who are you for? and what are you? And he said, you may see who I am for; I am for the queen,

Sol. Gen. Then he did not talk with you so long?

Giles. I was at the door all the time, and he talked with me and others.

Damm. I desire to ask her, whether I said any thing of a nurse-child?

Giles. He said he had nursed my lord mayor's children.

Att. Gen. What else did you talk of? Giles. I advised him to go home; and I turned about and went in, and he said, Good night, Mistress.

L.C. Baron. Did he talk sensibly? Giles. He talked as if he was drunk. L. C. Baron. He gave an account you say of nursing children: how came that?

Giles. I said to him, I wished my lord mayor would send out the guards to quell the mob: says he, I nursed his children; that was the occasion of it.

Mr. Darnell. Did he say any thing of any other nurse-children?

Giles. Yes; he said he nursed sir Richard Hoare's; did you nurse them, said I? Yes, says he, we did at home.

Att. Gen. Are you sure that is the man? Giles. Yes; for I went to Newgate to see him. Mr. Thompson. How came you to remember the time so exactly?

Giles. Because I had stood at the door so long, and heard several go by, and say, it was such an hour.

Mr. Whittaker. How near do you live from St. Dunstan's clock?

Giles. Just over-against it.

Mr. Whittaker. We will now call some witnesses, to shew that he was under force and constraint.

Then Mr. Cummins was sworn. Mr. Darnell. Do you remember that you saw Dammaree the night that the disturbance was at the meeting-house?

Cummins. My lord, I do not know the man ; but I did see a man with the queen's coat and badge; I keep a shop in Lincoln's-inn-fields, and a bouse in Turnstile: I being robbed there some time before, I went between the two shops to see they did me no harm: I sent my servant to bed, and going to see if he was there, I did not find him; but going back again by the fire, the mob cried, Huzza, Sacheverell. I thinking of the boy, did not mind to pull off my hat, and they struck me over my head, and then I was forced to halloo as they did. I met my boy presently, and sent him to bed: I went away immediately, and by the fire I saw that man, and some people had him by the shoulders, and thrust him about, some one way, and some another: sometimes he was at a distance from the fire, and sometimes very near it; but he seemed as if he could not stand.

Mr. Darnell. What time of night was this? Cumm. As near as I can guess, it was about eleven o'clock.

Mr. Darnell. Did you see the mob lay hands on him?

VOL. XV.

Cumm. I saw them push him from hand to hand, and I could compare him to nothing but a dog in a ring, they tossed him up and down; but I do not know the man, but only by the coat.

Mr. Darnell. Do you take it the mob made themselves merry with him, or, that he aided them?

Cumm. I cannot be a judge of that matter. Att. Gen. What time did you shut up your shop?

Cumm. I shut it up, as near as I can guess, at seven o'clock, because there was a great mob: my next neighbour would not keep open any longer; so we shut up our shops.

Alt. Gen. What time did you send your servant to bed?

Cumm. I sent him out about three quarters after ten, or more, and I run down after him. Att. Gen. How long was it after you sent him away, that you went to look after him? Cumm. I went presently after him; I got to the shop before him.

Sol. Gen. Were not other people pushed about besides him?

Cumm. I saw nobody pushed about but him that had the queen's cloth on; I did not stay, but made all the haste I could away.

L. C. J. Are you sure the prisoner is the man you speak of?-Cumm. No.

L. C. J. Do you believe it is he. Cumm. I cannot tell; 1 cannot take upon me to say, for it was a man with the queen's cloth on.

L. C. J. Whereabout did you see him?

Cumm. I was coming up the dead wall under Lincoln's-inn garden to see for my servant, and at the lower end, just by the shops, there was a great number of people made a ring, like that where they play at cudgels: he was in the middle of them, and they shoved him about from one to another: I met immediately with my boy, and I took him a box on the

ear.

L. C. J. I only want to know the place where you saw him.

Cumm. In Lincoln's-inn fields, within the rails, under Lincoln's-inn garden, towards Portugal-row; I believe it might be seven or eight yards within the rails.

Damm. My lord, this shirt which I have on now, was torn by them.

Then Mary Reading was sworn. Mr. Whittaker. Was you near this fire? Reading. My lord, I heard there was a great fire, so I went out, and saw a great light; I saw one of our neighbours; says she, where is this fire? I said, I heard it was in Lincoln'sinn-fields; at that, says she, my brother was here just now, I wish he is not gone to it. She asked me to go along with her; we went into Lincoln's-inn-fields, and saw the fire. As we stood there, I saw a sconce brought, and thrown into the fire. I saw a little short man, a black man, in black hair, carry the sconce round the fire three times,

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Mr. Whittaker. What dress was he in? Reading. I could not see what dress; I saw he was in waterman's cloaths, but I could not see the colour; but that is not the man. Mr. Darnell. Is that the man? Reading. No; he was a little short man in his own hair.

Mr. Darnell. Was there any more than one sconce thrown in ?

Reading. I saw no more.

L. C. J. You could not say what colour his cloaths were; and can you say that this was not the man ?-Reading. Yes.

Mr. Darnell. Did you see any thing more? Reading. When I came away, the fire was pretty well burnt, and coming along, we met with a waterman; says the woman that was with me, Lord bless me! Here is one of the queen's watermen. What have you to say to the queen's waterman? says he: nothing, said she: but God bless the queen, and her waterman too. Says he, you are a jolly girl, and I will kiss you.

L. C. J. Whereabouts did you meet that waterman?

Reading. As we were going from the fire, we met him going up to it; and this is the man that we met going towards the fire when we came from it.

L. C. J. Was that before or after the burning the sconce ?

Reading. It was afterwards.

L. C. J. How long was it after?

Reading. I can safely take my oath, it was half an hour.

L. C. J. Was any thing thrown into the fire after that man came?

Reading. I never went thither after it.
Att. Gen. Where do you live?
Reading. In St. Andrew's-street, near the
Seven Dials.

Att. Gen. Did you ever see him before?
Reading. Never before.

L. C. J. Where was you going when you met him?

Reading. I was going homewards, towards Great Queen-street, and I met him coming towards the fire.

L. C. J. Was there at that time any fire in Drury-lane?

Reading. They were pulling down the meeting-house in Drury-lane.

L. C. J. Then you met him coming from Queen-street, a little time after that they had begun to pull down the house in Drury-lane; and about half an hour after the branch was thrown into the fire in Lincoln's-inn. fields?

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Then Isabel Prince was sworn.

Mr. Whittaker. Was you at the fire in Lincoln's-inn-fields the first of March last, at night?-Prince. Yes.

Mr. Whittaker. Do you remember who it was that carried the brass sconce ?

Prince. Sir, I went to the fire, because I have a brother lives by there, and was afraid that he might come to some damage. As I was going, there was a vast crowd, and a great ring; and in that ring, as I could see between them, I saw a little man with black hair, very short; he carried the sconce three times round the fire, and then threw it in.

Mr. Whittaker. What sort of man do you say he was?

Prince. He was a black man, a short man with his own hair.

Mr. Whittaker. Is that he ?-Prince. No. Mr. Whittaker. Was he in a waterman's habit?

Prince. Yes; but I cannot say he had a badge.
L. C. J. Was you with the last witness?
Prince. Yes.

L. C. J. How near was you to the fire when you saw him carry it round?

Prince. As near as I could get for the crowd, I believe as near as that place. [Pointing to the other side the Court.] I could not go any nearer, for the fire was vastly hot.

L. C. J. Was there any crowd there? Prince. Yes, a great one; but I was of the outside of the ring.

L. C. J. Then if he was a little man, and you are no tall woman, and you were of the outside of the ring, how could you see him?

Prince. Because I looked through under their arms as they passed along: The crowd was still going to fetch fire, so that they many times abated and came again.

L. C. J. You say you distinguished his hair to be black; what colour was his coat? Prince. I cannot well tell; but I believe it was either grey or black.

L. C. J. Had he any badge?
Prince. I believe he had.
L. C. J. Where was it?

Prince. I saw it upon his arm.

Mr. Whittaker. Was the crowd greater about the fire at some times than others?

Prince. Yes, the crowd abated; some went to Holborn, and some to the right, and some to the left.

L. C.J. The last witness said, the fire was burnt to a coal.

Prince. Yes, the fire was burnt to a coal; and as I was going home, I met this man; says I, there goes the queen's waterman: says he, What have you to say to the queen's waterman? Nothing, says I, but God bless the queen, and her waterman too. And then he gave me a kiss, and there we parted.

L. C. J. I take notice of that expression, that you said, there goes the queen's waterman: Had you heard any talk before of the queen's waterman?

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Prince. No, but I heard that the guards
were coming.

for High Treason.

L. C.J. You did not take the waterman for one of the guards, did ye?-Prince. No. L.C. J. But had you heard any one speak of the waterman before ?-Prince. No. L. C. Baron. Where did you meet him, when you had that favour from him? Prince. Within the rails; he was going to the fire, and I was going from it.

L. C. Baron. Whence did he come ? Prince. I think either from the corner, by the Duke of Newcastle's, or from Clare-market; I do not know which, for I met him within the rails.

Then Rowland Walker was sworn.

Mr. Whittaker. Did you see Dammaree
the first of March last?-Walker. Yes.
Mr. Whittaker. At what time?
Walker. At half an hour after eleven.
Mr. Whittaker. Where did you see him?
Walker. At Strand bridge, I carried him in
my boat.

Mr. Whittaker. Where did you carry him?
Walker. Cross the water.

Mr. Darnell. Did you observe any clock strike?

Walker. Yes; Somerset-house clock struck two quarters past eleven before he came into my boat.

Mr. Darnell. Where did you carry him?
Walker. To Marsh's causeway.
Mr. Darnell. Does he live there?
Walker. Yes, just by.

Mr. Darnell. Did you see him home? Walker. No: I helped him out of the boat; but I did not go home with him.

Att. Gen. Was you desired to take notice what o'clock it was?

Walker. No; but I was in my boat waiting, and heard the quarters strike.

Att. Gen. You say it struck the quarters; how many strokes denotes it ?-Walker. Two. Att. Gen. Then you did not hear what the clock itself struck?

Walker. Yes; I heard the clock strike eleven before he came down.

Mr. Darnell. What hour did the clock strike, before it struck the two quarters ?

Walker. The great clock struck eleven, and I sat in my boat and smoaked a pipe, and at the second stroke after eleven I took him into my boat.

L. C. Baron. What condition was he in?
Walker. Very much in drink.

Then Hester Hales was sworn.

Mr. Whittaker. Did you see Mr. Dammaree the first of March last, at night ?-Hales. Yes. Mr. Whittaker. At what time?

Hales. A little after eleven.

Mr. Whittaker. At what place did you see him?-Hales. At the Maypole, in the Strand. Mr. Whittaker. Which way was he going? Hales. I was coming out of Fleet-street, and he was going the other way.

L. C.J. Which way was you going?
Hales. I was going out of Flect-street home,
where I live.

L. C. J. Where do you live?

Hales. Over against Somerset-house.
L. C. J. Where did you meet him?
Hales. I met him by the Maypole.
L. C. J. What place did you come from?
Hales. I came out of New-street.

L. C. J. Which way do you apprehend he
had come?

Hales. I did not ask him; but he was in the
Strand, going along towards Temple-bar.
L. C. J. Whereabouts in the Strand?
Hales. On the other side the Maypole, going
towards Strand-bridge.

L. C. J. What o'clock was it then?
Hales. A little after eleven.

Att. Gen. What o'clock do you take it to be now?

Hales. What o'clock! Why, it is past one. Sol. Gen. Which side of Drury lane was it you saw him?

Hales. On this side Drury lane.

Then Harbins was sworn.

Mr. Whittaker. Did you meet the prisoner at the bar on the first of March last; and at what time?

Harbins. I met him in the Strand, as I was going home to my lodging about eleven o'clock: He was in drink, and I said to the gentlewoman with me, Pray have a care of the man, for he is in drink.

Att. Gen. Whereabouts did you meet him? Harbins. I met him about three doors from the Swan tavern.

Mr. Whittaker. My lord, we will call some witnesses to his reputation, to shew how he has all along demeaned himself.

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Then John Michaelmas was sworn.

Mr. Whittaker. Do you know the prisoner at the bar?-Michaelmas. Yes.

Mr. Whittaker. Do you live in the same parish ?-Michaelmas. Yes.

Mr. Whittaker. What are you there?
Michaelmas. The church-warden.
Mr. Whittaker. What behaviour is he of?
Michaelmas. Of very good behaviour.
Mr. Whittaker. Is he disaffected to the
queen and government?*

Michaelmas. I believe no man better affected. Mr. Whittaker. Did you ever hear him talk disrespectfully of the queen or government?

Michaelmas. No; quite otherwise: In Feb. last he came to me, and asked me, Do you hear what a noise this mob makes? Yes, said I; I am sorry for it: and I am sorry too, says he : They say the queen is aggrieved at it, and it troubles me to think of it.

Mr. Whittaker. At any times when there has been public rejoicings for any victories, how has he behaved himself?

* See in this Collection vol. 9, pp. 621, 1099, vol. 13, pp. 371, et seq..

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L. C. J. I ask that question, because there has been a gross mistake spread abroad as if they were serving the queen, when they made that bustle; that is a mistake that has gone abroad.

L. C. J. Did you ever hear him say any thing of Dr. Sacheverell?-Michaelmas. Yes. L. C. J. What did he say of him? Michaelmas. He said, he wished the Sermon had never been preached, or printed; and then this trouble had not been.

Mr. Whittaker. Did you see him after this? Michaclmas. Yes, I saw him the next day at noon?

Att. Gen. Had you any discourse about the meeting-houses?

Michaelmas. No, none at all.

Moor. I never heard him say a word against the queen, or government, but was always willing to serve the queen; and particularly when he was master of the company, in sending men into the service.

Mr. Whittaker. How did he behave himself in that?

Moor. He did great service to the queen. Mr. Whittaker. Were there a great many men taken up by him?

Moor. He took up a great many men.

Then John Hatfield was sworn. Mr. Whittaker. How long have you known the prisoner at the bar?

Hatfield. Almost twenty years.

Mr. Whittaker. How is he with respect to his principles towards the government?

Hatfield. I never knew any ill by him: I never heard but he was an honest, careful man; i never heard but that he loved the queen.

L. C. J. As to the matter of his reputation, I think it is pretty well established, and they say nothing against it.

Att. Gen. We come to try the man for this

Mr. Darnell. Where did you see him the fact only, and have nothing to say to any former

next day, and at what time?

Michaelmas. At twelve o'clock I saw him pass by my door.

Mr. Thompson. You have conversed with him did you never hear him give his opinion of the Dissenters and the meeting-houses? Michaelmas. No, never.

Then Mr. Pottinger was sworn.

Mr. Darnell. How long have you known Mr. Dammaree?

Pottinger. I have known him eighteen or nineteen years.

Mr. Darnell. Do you take him to be disaffected to the government?

Pottinger. No; not in my opinion. Mr. Darnell. When you conversed with him how has he declared himself?

Pottinger. Always for the government as much as any man in our parish, and I believe has been as serviceable as any mau in getting men to serve the queen when he was master of the company.

L. C. J. What are you?

Pottinger. I call myself a timber-merchant. L. C.J. Then I suppose you have not had much conversation with a waterman ? Pottinger. Not a great deal.

Then Mr. Moor was sworn.
Mr. Whittaker. How long have you known
Mr. Dammaree?

Moor. I have known him above thirty years?
Mr. Whittaker. What character has he

bad?

Moor. An honest, civil man, and as good a neighbour as can be.

Mr. Whittaker. How has he carried himself to the queen and government?

transactions.

Mr. Whittaker. My lord, we will call no more witnesses, unless the queen's counsel give occasion in their reply. We think we have proved that he was not a free agent, but under the utmost force. We hope we have made it appear to the satisfaction of your lordship, and of the jury, that this man, though he had the misfortune to be present when these tumults and disorders were, yet he had no share that was criminal in them.

Gentlemen, you will remember that though one person did swear that he carried the sconce in procession, yet we have proved that in point of tine it was impossible he should be there, and that there was another person that did it. As to the other witnesses, they take upon them to say, that he did halloo with the mob; we must appeal to you, the gentlemen of the jury, and do not doubt but you have taken notice of what has been sworn, that he was under a force; and when he was in that condition, and in fear of such a tumultuous assembly, if to save himself he did so far comply with them, that will not make him guilty of treason, and levying war against the queen.

I must observe as to Orrel, that witness that seems to affect us most, and carries us so far as towards Drury-lane, he does not pretend to give an account of any thing that concerns us precedent to that. Now if this man was got into such a tumult as this, and he did go along. with them a little way, and they cannot shew that he acted any thing afterwards, there will be no reason to think him guilty of any crime, at least, not of levying war, and so not of high treason. We hope we shall stand fair in the opinion of the jury, that he was not a voluntary or free agent in these disorders: but if we

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