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Sol. Gen. (Robert Eyre, esq.) My lord, we they think proper ; and they cannot say, but will call our witnesses, and prove the facts. that there bas been a tenderness in us, that are Then Thomas Tolboy was sworn.
the prosecutors, not to press things further than
the natural import of them; yet that such pracAtt. Gen. Pray give an account if you saw tices should be used to discourage the queen's any tumult, or number of people that attended evidence. I have an account, that Joba Dr. Sacheverell; and wbat discourse you heard Roberts, a mathematical instrument-maker, among them; and what resolution they came bas, at Leonard's coffee-bouse, affirmed, that to.
the queen's witness was a perjured, forsworn Tolboy. As I was passing through the Temple villain, in giving his evidence here. I shall
, on Tuesday night, I saw a great number of in a proper time, endeavour to bring him to people that attended him: J there heard them justice for it. resolve upon demclishing Mr. Burgess's meet- L. C. J. It was not improper for him to mening; some were for doing it then; others for tion it here. I was so far from reproving hiw, leaving it till the next night.
or thinking his evidence false, that I nerer Att. Gen. What night was this?
heard a man give a fairer or better evidence; Tolboy. It was the Tuesday night. and no one witness at either trial opposed one Att. Gen. Was it before the 1st of March? word he said. Tolboy. Yes it was.
Att. Gen. Mr. Orrel, pray consider you are Att. Gen. Was it resolved by more than one ? now upon your oath ; therefore, without reTolboy. By a great many,
gard to threats, you must speak the truth, and Att. Gen. Then you take it to be general? God forbid you should be afraid of it. Tolboy. Yes.
Sol. Gen. Was you abroad on Wedoesday, Purchase. Did you see me there?
the 1st of March ? What did you observe of Tolboy. No.
the pulling down any meeting-houses? Give L.C. J. (Parker) Did you stay there any an account of all the places you were at, and time ?
what concern the prisoner had in it. Tolboy. No; I only heard them discourse of Orrel. About ten o'clock, or a little before, it as I passed along:
I went to Leonard's coffee-house, and bearing Baron Bury. Did you stay till they came to that they were pulling down several meeting. a resolution ? Or were they only talking of it? houses, I went with another gentleman, Mr.
Tolboy. They came to that resolution then. Hawkins, directly to Fetter-lane: when I
Baron Bury. Did you stay till they were came there, I saw abundance of people, a great agreed upon it?
mob, carrying the materials from Mr. BradTolonj: It was agreed to pull down the bury's meeting-house into Holvorn. I asked meeting-houses, though the time was not fixed. the people where they carried them? They
Baron Bury. Did you know any of them all said to Holborn. When I had stood there that this was agreed by ?
a little time, says I to my friend, let us go Tolboy. No, none of them.
into the meeting-house; I will see; it may Baron Bury. Wbat did you hear them say? | be, I may know somebody there. I went
Tolboy. I heard them resolve on demolishing through a dark passage, and narrow entry: Mr. Burgess's meeting. Say they, Come when I came in, Lord have mercy upon me, boys, we will demolish Dr. Burgess's meeting ; said I, it is all down: I turned back to my others said, No, we will defer it to the end of friend, Mr. Hawkins; this is destroyed, said the trial.
1, let us go see where they burn it. We went Then William Orrel was sworn.
to Holborn, and all the way we saw abundance
carrying wood quite from the meeting-house Orrel. My lord, before I give my evidence, to the fire in Holborn. We made no stay at I beg leave to speak a few words. Purchase's the fire, but immediately went through Turn. wife has been in my neighbourhood, and stile, and down by Lincoln's-inn garden-wall
, offered money to several people to come and to the fire there, wbich was inade of Mr. Barswear against me, to take away my reputation : gess's meeting-house, which I had been in and yesterday a person came into Mr. Leonard's two hours before, and saw them pulling it coffee-house, and said publicly, that I was per- down. When we had been there a little while, jured ; that when I swore against Willis I was I said to my friend, let us go towards the other perjured ; that the jury would not believe me; part of the town, and see what is doing there. and that I was reprimanded by the court and We went along that side of Lincoln's-innthe queen's counsel. My lord, I desire I may fields, where Mr. Child's house is : when we clear myself.
came to the corner, by my lord chancellor's, Att. Gen. There is an information laid be. at my lord's door, there stood a chariot; said fore me, which I shall take notice of in a proper 1, i believe there is somebody from court, I place; for it is an intolerable thing, in any hope there will be a power, by-and-bye we government, that when we are proceeding in a shall have the guards. We made no balt judicial way; that when people have the benefit there, but went softly towards the arch: beof the law that was made for them, a copy of fore we came to it, I saw a pretty tall man the indictinent and of the pannel, liberty 1.) leading a body of the mob through the fields ; examine witnesses, and ask what questions about the middle they made a halt, and be came a bigger number ; we walked softly to the man that keeps the Griffin and Parrot, meet them : I kept my eye on the tall man, and told him, I was sorry to see these things ; which proved to be Dammaree: some of them and my friend went to bis brother's house, were for going up Queen-street, and some which was hard by. After my friend was were for going through the arch. When they come again, well, said I, I will go into the came near the corner, he struck short off, and city, to Leonard's coffee-house, and give an went over the rails just under the wall, about account to our friends of wbat has happened, the middle way between Powis house and the for they will stay for us, and will not go to bed, arch, and there they called a council: says I, if I do not go back to night. We agreed to there is a council of mob; there I saw Dam- go home; but my friend asked, where was inaree. Said they, where shall we go to now? the meeting-house in Wild-street ? Says I, To Drury-lane, or Wild-street? No, said some, I know Wild-street; says he, I believe it was to Drury-lane, huzza ! Wild-street is a hen the old mass-house : so we went through roost, the other is worth ten of it. Dam- | Wild-street; and as we came to the arch, we maree hallooed, Come along, boys, we will met a detachment of the guard coming on a have them all down, and ihey carried it by full trot. Says I, gentlemed, pray make the majority. I went under the piazzas at haste, they are pulling down the meeting in Powis house, into Queen-street : when he was Drury-lane. I put out my hand to the capin Queen-street, he made ten or twelve balts, tain, this is the best way, said I, through and turned about, Huzza ! High Church and Wild-street: and another detachment went Sacheverell! God damn all his enemies; we another way. As soon as they came (I was will bave all the ineetings down to-night; near the officer), he commanded them to file follow me; why don't you come along? And off, and disperse the mob; and they rode this he many times repeated ; and ihus he among them to disperse them. While I was headed them until he came to Drury-lane; there, I saw a man with his sword drawn, near there some of the boys ran to find the meeting the Griffin and Parrot, who was the prisoner house door, but they missed the door, and went at the bar: I went over the way, and spoke to some of the neighbours' houses; but they to bim. soon found out the door, and there came a Purchase. What time of night was this? little fellow, with a pick-ax, to break down Orrel. It was about balf an hour after the door. A woman that belonged to the eleven. Several of the horse rode up to him, place came crying, that her sister was in the and then he retired under the bulk, and pushed house, and would be killed: do not be afraid, ' with his sword at several of them ; and some mistress, said 1, I will endeavour to pacify of them struck at him with the flats of their them, if I can : but at last came another man swords. Says I to my friend, I wonder they with a hatchet, and struck through the door don't cut him to pieces. I went to him ; the second or third time. God damn you, pray, says 1, what are you doing? Pray go says be, don't you konw how to break down home. He turned his back, and I thought he a meeting-bouse door ? That fellow cannot be had been gone. In a minute's time, the Guards found. I went in with them, and there I was had rode round the fire, and dispersed the mob assaulted by a soldier ; and wben I was there, a little: in a minute or two, I saw the prisoner they would have me go up stairs with them with his sword drawn, hallooing and fourishPray, says I, do not go up, there is only a poor ing bis sword in the middle of the street, just woman's room, that helongs to the place. by the kennel in Drury-lane, and fronting the What will it signify, if you should burn an Guards. I came to him, and laid my hands old bedstead ? God damn you, says he, are upon him, and pushed him back, what are you against Sacheverell ? Says I, I have the you doing? Two foot-soldiers came to me, queen's commission : upon that he cries out, and said, what do you do? He is drunk; he The Church, the Church ; God damn you, is an honest gentleman : says I, take him away you shall go up. That man, I suppose was a then, if he is your friend. Says I to him, soldier ; he was in a looped waistcoat and white do you know what you do, in opposing the stockings.
I went up with them, and it Guards ? You oppose the queen's person. proved to be Mr. Earl's own lodging; and Says he, God damn you, are you against Sathere they took up a great many papers, ma- cheverell? I am for High Church ; I will be puscripts, which I suppose might be notes. for High Church and Sacheverell; I will lose As soon as I came out, I saw the clock and my life in the cause ; and this many times rethe cushion thrown down into the kennel, in peated. I went over the way, and he adDrury-lane ; and they were the two first canced with his sword, and run at the officer, things that were brought out, as I observed. I just at the left flank: at that I saw a gentleasked, indeed, wliy ibey began to complain, man's horse spring forward, and he struck his and give me ill language? Says I, where is sword down. I went back, thinking there Jolly, the waterman? Oh damn you, says would then be firing, and I might be killed. one, he is gone with a party to St. James's : L. C. J. Pray repeat the words again, which another said he was gone to my lord Whar- he spoke to you, when you told bim, that reton's; and others said, he was gone to the sisting the Guards was opposing the queen. back-door to break it open; but I saw him po Orrel. I said, Sir, (I thought he was some more after that. When I came out, I went to country gentleman, and that he was in drink) VOL. XY.
Do you know what you do in opposing the
Orrel. The first time that I set my eyes on guards ?. You oppose the queen's person; I him he had bis sword in his hand. spoke it heartily and in friendship, I had my Mr. Darnell. Therefore I ask, whether you hand on his breast, and he had his sword in his saw him before you saw bim under the bulk? hand ; says be, God damn you, are you against
Orrel. I do not know what you mean by Sacheverell? I am for High-Church and Sache- under the bulk. verell, God damn all his enemies; I will lose L. C. J. I understood him, that when the my life in the cause; I will fight the best of horse came up, he retired under the bulk. them; and advanced and huzzaed; Boys, I Orrel. When I first saw him, he was near will lead you on for High-Cburch and Sache- the houses, and he had bis sword then drawn; verell. After this was over, as I observed, he I had no sight of him till his sword was drawn; run at the officer: if be had touched him, I afterwards I run cross to bim, and being sorry believe he would have run him through the to see him so desperate, I spoke to him. left flank. One of the gentlemen of the guards, Mr. Darnell. I ask, if you saw bim do any I saw his horse spring forward; he reached thing before be was under the bulk? over his horse, and struck at the prisoner's Orrel. He had his sword in bis hand, and sword ; and then I retired, and went lower into ballooed, and Aourished his sword. the lane; for I thought if there was firing 1 Mr. Darnell. Did he do any thing before should be in danger.
they rode up to him ? Sol. Gen. Before you go from this place, Orrel. I saw him with his sword in his hand, where he flourished his sword, let me ask you, when he was before the bulk : What I call did he advance towards the guards, or did ibey under the bulk, is against the bulk. advance towards him ?
Mr. Durnell. Now I ask, was he not on the Orrel. As soon as that gentleman had sprung ground, when you say he was under tbe bulk? forward, and struck at his sword, be endea Orrel. He was upon his legs, upon the voured io shelter himself under the bulk, and ground: He stood upon his legs, as I do now; one or two of them rode up to him.
and when the guards rode up, he went back Sol. Gen. Did he retire under the bulk, after against the bulk. be bad passed on the officer ?
Mr. Darnell. Did the guards ride near him! Orrel. This was a second time, when he Orrel. Yes, I saw one or two of them strike passed at the officer: be passed at the grena- him. diers before, but these were the life-guards. Mr. Darnell. What did be do when they
Sol. Gen. You say he run at the officer ? came up to bim?
Orrel. As I run over the way to him, he Orrel. He pusbed, or rather poked at their said, God damn them, he would lose his life for horses. the cause; he was for High-Church and Sa- Mr. Darnell. Now where is the second place cheverell; Damn all bis enemies, he would that you saw him? fight the best of them. Come, boys, fall on, I Orrel. I persuaded him to go home; but I will lead you on; and flourished his sword saw him the second time at the end of Longover his head, and went directly at the officer, acre. and made a push at him, but his sword was Mr. Darnell. How far was that from the beat down.
first place? Sol. Gen. Now go on.
Orrel. About the breadth of this court. Orrel. After this I retired, I never staid to Mr. Darnell. Did you not apprehend him to see what was done with him ; I thought they be mad or very drunk ? had either killed bim, or confined him : 1 Orrel. I believe be had been drinking hard. thought there was like to be an engagement Mr. Major. Did you observe which way he between the mob and the guards, so I retired was coming, when you first saw him ? down the lane, and there I met with a clergy. Orrel. He was standing still. man at a tavern door, and I stood and talked with Mr. Major. Did you see him among the mob? him, till the foot-guards came by: says 1, Orrel. The mob was then as thick as could Captain, the mob is very strong, I wish you be; for when the guards rode among them, good success. As the mob went by, they cried, they divided of both sides the street, and were Damn them, we will be even with them to all about him. morrow night, they dare not fire upon us. Mr. Major. Which side of the street was
Att. Gen. If you will ask him any questions you of, when you first saw him ? you may
Orrel. When I first saw him, I was upon a Mr. Darnell
. You say, that at first, when bench, on the pewterer's side; I saw him first you saw the prisoner, he retired under a bulk ? on the other side of the way, by the Griffin
Orrel. My lord, the horse rode among the and Parrot, and then run over to him, and demob. When I saw the prisoner first, I was on sired him to go home. Two foot-soldiers said, a bench at the pewterer's corner; and I saw he was an bonest gentleman ; then pray, said him on the other side the way ; and when I, take him home. the horses came up, I saw him under the Mr. Darnell. When you say he was offering bulk with his sword, and I saw bim flourish bis to push at the officer, was the mob dispersed ? sword, and halloo
Orrel. As soon as the guards came up to Mr. Durnell. Was that before the guards them, they would run back forty or fifty yards ; came up to him ?
and as soon as ever their backs were turned, Russel. This is the man that drew his sword, they got together again.
and made several pushes. Mr. Darnell. When he made the push at Sol. Gen. Was he at the head of the mob ? the officer, were they not dispersed ?
Russel. He came down at the bead of them, Orrel. They were drove into smaller bodies, and swore, God damn you, are you for Low of fifty or one hundred together, and filled all Church, or High Church and Sacheverell ? I the doors and bulks.
ain for Sacheverell. Mr. Darnell. Did the prisoner go with them, Sol. Gen. This, you say, he said at the head or stay?
of the mob?- Russel. Yes. • Orrel. After the guards had first rode round Att. Gen. Did you see him at any time after the fire, I lost him for a minute or two, till itbis ? had turned about and was looking for my Russel. I saw him several times, but did not friend ; and then I saw the prisoner with his come near him. sword drawn, in the middle of the kennel-way, Sol. Gen. Are you sure this is the man? at the end of Long-acre, fronting the bonfire, Russel. Yes. and there I went and spoke to him, as I told you Sol. Gen. You knew him before ? before.
Russel. Yes. Baron Bury. Was any body with him then? Mr. Major. You say you had drawn round
Orrel. There was a pretty many boys, and the fire: was there any opposition ? or did the mub getting together : The mob was thick of mob disperse themselves ? both sides of the way, and on the bulks; and Russel. They were very tedious; and as we as soon as he appeared with his sword drawn, dispersed them one way, they drew together in they gathered together very thick.
Afterwards we were comSol. Gen. Pray describe whereabout is the manded to draw into a line, and to draw back Griffin and Parrot; it may be inaterial by and our horses that nobody might get bebind us. I bye. You say the pewterer's shop is the drew back into a door-way, and he was got becorner of Queen-street, now where is the Griffin hind, by the first borse, between our horses, and and Parrot ?-Orrel. Just over against it. then we struck at him. Att. Gen. How many do you compute were
Sol. Gen. Did the rest of the mob endeavour got there together, when you came there first ? to follow him ?
Orrel. I cannot tell; the lane was so thick Russel. The rest were more afraid, and kept from the meeting-house-door to the end of off; but he swore, Damn him, he would come. Long-acre, that one could not cross the way Sol. Gen. How did you strike him? without crowding: There might be two, or Russel. With the flat of the sword. three, or four thousand.
Then Southerland was sworn. Mr. Major. Did you observe a watchman that was near him at any time?
Att. Gen. I think you are the officer that Orrel. There were several of them in parties. commanded that party of grenadiers ; look Dr. Major. Did you observe any thing said upon the prisoner, and tell us if you know him. by any of the guards to any watchman ? Southerland. I never saw him before that Orrel. Not to any in particular.
night; but I am confident that is the man that Then Richard Russel was sworn.
had his sword in his hand, for I saw him seve
ral times that night. Att, Gen. Look upon the prisoner, and give Att. Gen. Now pray, what did you see him us an account whether you know bim; and do ? what you can say of his being among the mob? Southerland. I was commanded by the colo
Russel. I was commanded to go with my nel of foot to go to Lincoln’s-inn-fields; acserjeant into Drury-lane; I am one of the cordingly I went with a party of grenadiers, horse-grenadiers: when we came into Drury- and dispersed the mob there : when I had done lape, we were commanded to return our bayo- that, I came back to the horse-guards in Druryliets, and draw our swords; and when we were lane: I drew them up in a line, and gave them drawn round the fire, over against Queen-street orders to let none pass behind them, or before end, this gentleman, the prisoner, came down them, and then I rode down to captain Horsy, the lane, with bis naked sword, huzzaing and for commands; (for when we had joined the flourisbing it over his head ; with that another horse, I was under his command :) as I came soldier and I struck at him; he got between back,' I saw Purchase flourishing his sword, us, and made several pushes, and then we were and crying out, Sacheverell, Sacheverell! Í commanded on the other side the way; and rode up to him; says !, Are you encouraging then, I suppose, be fell into the serjeaut's the mob? Damn you, says he, I am for Sa
cheverell; with that I raised my hand, aud be Sol . Gen. Did you know him before that drew back, and offered his point, but did not
thrust. Says I, You are mad, you are disRussel. I knew him when he rode in the first tracted ; go to your lodgings: says he, I am troop of guards.
one of the life-guard: he said he was one, or Sol. Gen. Then he has been a soldier ? had been one : says 1, The more shame for
you to be here. I struck at him, and be run Sol. Gen. Are you sure this is the man? back towards the horse-guards. I rode down
again to captain Horsy, and I saw him again of every side ; we were dispersing them as well at the corner of Long-acre in the same manner,
as we could. Seeing bim there again, says I to captain Horsy, L. C. J. Did the prisoner know capt. HensThis man has been troublesome to me on my brough? post: says he, Make up to him, and cut bim Richardson. I believe he did : for he was to pieces: as I rode to him, he got into Long- abroad with us at the same time when captain acre, and I saw no more of him.
Hensbrough was there. Sol. Gen. You say be offered his point to Att. Gen. My lord, we have done with our you; did you see him do so to any other? evidence.
Southerland. No; I saw him offer no vio- Mr. Darnell. I am of counsel with the prilence.
soner. And, my lord, I shall inake no dispute, Mr. Darnell. Was there any mob at the but, as the gentlemen on the other side say, corner of Long-acre with him ?
there was a great tumultuous assembly, that Southerland. There was a party of them, was gathered together with an intention to pull and the horse-guards were dispersing them. down the meeting-houses: and I shall make
Mr. Major. When you rode up to him, and no dispute but it was high treason in all that he went from you, was there any body with were guilty of that intention, or assisted those him ?
that were so. But on the other side, we must Southerland. I cannot be positive of that. beg leave to say, that any person that was go
Mr. Major. Did you observe him poke at ing along the street, and fell into company of any horses ?
those that had that desigo, though they might Southerland. No; I saw no such thing. use some expressions which were evidences of Then George Richardson was sworn.
ibe intention ; yet if they were not in the in
tention, nor did any thing that was assisting in Att. Gen. What troop of guards are you of? the execution of it, they will not be guilty of Richardson. The third troop.
high treason. Ait. Gen. Look on the prisoner, and tell us They have offered evidence to shew there whether you remember him.
was such an intention. The first witness is Richardson. I know him well, for we were only to shew, there was a general intention. abroad together in Flanders: he was in the And I must take notice, that what be says does first troop of guards when I was in the third. not shew such a general intention as is neces
Att. Gen. Now did you see him among the sary to make this fact high treason : for he mob the first of March at night?
says, as he went through tbe Temple, be heard Richardson. I was upon the guard that night, some people say, they would go aod pull down and something after ten an alarm came to us, Burgess's meeting-house ; others opposed it: that the mob was up: we were ordered imme- some were for going that nigbt, and others for diately to mount, and staid some time till the deferring it till
the trial was over. Now if they foot passed us at Whitehall
. When we came
came to no other resolution, than that some near Lincoln’s-inn-fields, we left the foot, and were for going that night, and others after the made to Drury-lane; when we came there, trial was over; then the action which bappened the officer commanded us to file off, and dis- the next night, and before the trial was over, Perse the mob, which we did. I was riding could not be an execution of that intention ; among the rest, for they filed off; bot four to- nor can they say that any one of those that gether, but singly, and when I came back again were at the Temple was at this execution. And towards the fire, I saw there Mr. Purchase, therefore, if there be no other evidence to shew and my officer, captain Hensbrough, was talk- a general intent, then this action will stand withing to him; whai he said, I don't know, but out any previous intent, and only be a sudden as he passed him, Purchase made a thrust at execution of a design. bim, but I beat down his point.
The first witness to the fact is Orrel: and I Att. Gen. Who did he thrust at?
must beg leave to take notice of the introducRickurdson. My officer, captain Hens- tion to his evidence, which he would make use brough.
of as a reflection on the prisoner ; but I believe Att. Gen. Where is he?
the gentlemen of the jury will not think that Richardson. In the country.
he had any band in it. There may be wicked Att. Gen. Then you say you beat down bis people enough to say such things: and po point.
doubt Mr. Attorney will take care that they Richardson. I went to cut at him ; says I, shall be prosecuted according to their deserts
. You rascal, have you a mind to kill my officer? And I would take this opportunity to say, that I went to cut at him, and he threw himself I do not see but he is free from any such against a hulk, and I hit the penthouse with charge. I see no inconsistency between his my point, and my blade broke io pieces. evidence, and that which was given for the Mr. Darnell
. You say you saw him talking prisoner. But as to that suggestion, that the with the captain; had he his sword drawn at prisoner's wife has been about in his neighbourthat time? - Richardson. Yes.
hood, I do not see any thing of that proved. Mr. Darnell. Were there any mob about As to the fact, be says, he came up Drury. bim then ?
Jane half an Kour past eleven ; that there he Richardson. They were very thick about us saw the prisoner from the other side the way,