Sol. Gen. (Robert Eyre, esq.) My lord, we will call our witnesses, and prove the facts. Then Thomas Tolboy was sworn. Att. Gen. Pray give an account if you saw any tumult, or number of people that attended Dr. Sacheverell; and what discourse you heard among them; and what resolution they came to. Tolboy. As I was passing through the Temple on Tuesday night, I saw a great number of people that attended him: I there heard them resolve upon demolishing Mr. Burgess's meeting; some were for doing it then; others for leaving it till the next night. Att. Gen. What night was this? Att. Gen. Was it before the 1st of March? Att. Gen. Was it resolved by more than one? Att. Gen. Then you take it to be general? Purchase. Did you see me there? L. C. J. (Parker) Did you stay there any time? Tolboy. No; I only heard them discourse of it as I passed along. Baron Bury. Did you stay till they came to a resolution? Or were they only talking of it? Tolboy. They came to that resolution then." Baron Bury. Did you stay till they were agreed upon it? Tolboy. It was agreed to pull down the meeting-houses, though the time was not fixed. Baron Bury. Did you know any of them that this was agreed by? Tolboy. No, none of them. Baron Bury. What did you hear them say? Tolboy. I heard them resolve on demolishing Mr. Burgess's meeting. Say they, Come boys, we will demolish Dr. Burgess's meeting; others said, No, we will defer it to the end of the trial. Then William Orrel was sworn. Orrel. My lord, before I give my evidence, I beg leave to speak a few words. Purchase's wife has been in my neighbourhood, and offered money to several people to come and swear against me, to take away my reputation: and yesterday a person came into Mr. Leonard's coffee-house, and said publicly, that I was perjured; that when I swore against Willis I was perjured; that the jury would not believe me; and that I was reprimanded by the court and the queen's counsel. My lord, I desire I may clear myself. Att. Gen. There is an information laid be fore me, which I shall take notice of in a proper place; for it is an intolerable thing, in any government, that when we are proceeding in a Judicial way; that when people have the benefit of the law that was made for them, a copy of the indictment and of the pannel, liberty to xamine witnesses, and ask what questions they think proper; and they cannot say, but that there has been a tenderness in us, that are the prosecutors, not to press things further than the natural import of them; yet that such prac tices should be used to discourage the queen's evidence. I have an account, that John Roberts, a mathematical instrument-maker, has, at Leonard's coffee-bouse, affirmed, that the queen's witness was a perjured, forsworn villain, in giving his evidence here. I shall, in a proper time, endeavour to bring him to justice for it. L. C. J. It was not improper for him to mention it here. I was so far from reproving him, or thinking his evidence false, that I never heard a man give a fairer or better evidence; and no one witness at either trial opposed one word he said. Att. Gen. Mr. Orrel, pray consider you are now upon your oath; therefore, without regard to threats, you must speak the truth, and God forbid you should be afraid of it. Sol. Gen. Was you abroad on Wednesday the 1st of March? What did you observe of the pulling down any meeting-houses? Give an account of all the places you were at, and what concern the prisoner had in it. Orrel. About ten o'clock, or a little before, I went to Leonard's coffee-house, and hearing that they were pulling down several meetinghouses, I went with another gentleman, Mr. Hawkins, directly to Fetter-lane: when I came there, I saw abundance of people, a great mob, carrying the materials from Mr. Bradbury's meeting-house into Holborn. I asked the people where they carried them? They all said to Holborn. When I had stood there a little time, says I to my friend, let us go into the meeting-house; I will see; it may be, I may know somebody there. I went through a dark passage, and narrow entry: when I came in, Lord have mercy upon me, said I, it is all down: I turned back to my friend, Mr. Hawkins; this is destroyed, said 1, let us go see where they burn it. We went to Holborn, and all the way we saw abundance carrying wood quite from the meeting-house to the fire in Holborn. We made no stay at the fire, but immediately went through Turnstile, and down by Lincoln's-inn garden-wall, to the fire there, which was inade of Mr. Burgess's meeting-house, which I had been in two hours before, and saw them pulling it down. When we had been there a little while, I said to my friend, let us go towards the other part of the town, and see what is doing there. We went along that side of Lincoln's-innfields, where Mr. Child's house is: when we came to the corner, by my lord chancellor's, at my lord's door, there stood a chariot; said I, I believe there is somebody from court, I hope there will be a power, by-and-bye we shall have the guards. We made no halt there, but went softly towards the arch: before we came to it, I saw a pretty tall man leading a body of the mob through the fields; about the middle they made a halt, and be the man that keeps the Griffin and Parrot, and told him, I was sorry to see these things; and my friend went to his brother's house, which was hard by. After my friend was come again, well, said I, I will go into the city, to Leonard's coffee-house, and give an account to our friends of what has happened, for they will stay for us, and will not go to bed, if I do not go back to night. We agreed to go home; but my friend asked, where was the meeting-house in Wild-street? Says I, I know Wild-street; says he, I believe it was the old mass-house: so we went through Wild-street; and as we came to the arch, we met a detachment of the guard coming on a full trot. Says 1, gentlemen, pray make haste, they are pulling down the meeting in Drury-lane. I put out my hand to the captain, this is the best way, said I, through Wild-street: and another detachment went another way. As soon as they came (I was near the officer), he commanded them to file off, and disperse the mob; and they_rode among them to disperse them. While I was there, I saw a man with his sword drawn, near the Griffin and Parrot, who was the prisoner at the bar: I went over the way, and spoke to him. Purchase. What time of night was this? came a bigger number; we walked softly to meet them: I kept my eye on the tall man, which proved to be Dammarce: some of them were for going up Queen-street, and some were for going through the arch. When they came near the corner, he struck short off, and went over the rails just under the wall, about the middle way between Powis house and the arch, and there they called a council: says I, there is a council of mob; there I saw Dammaree. Said they, where shall we go to now? To Drury-lane, or Wild-street? No, said some, to Drury-lane, huzza! Wild-street is a henroost, the other is worth ten of it. Dammaree hallooed, Come along, boys, we will have them all down, and they carried it by the majority. I went under the piazzas at Powis house, into Queen-street: when he was in Queen-street, he made ten or twelve halts, and turned about, Huzza! High Church and Sacheverell! God damn all his enemies; we will have all the meetings down to-night; follow me; why don't you come along? And this he many times repeated; and thus he headed them until he came to Drury-lane; there some of the boys ran to find the meetinghouse door, but they missed the door, and went to some of the neighbours' houses; but they soon found out the door, and there came a little fellow, with a pick-ax, to break down Orrel. It was about half 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 I, what are you doing? Pray go says he, don't you know 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 when 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 flourishPray, says I, do not go up, there is only a poor ing his sword in the middle of the street, just woman's room, that belongs 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: upón 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 nuscripts, which I suppose might be notes. As soon as I came out, I saw the clock and the cushion thrown down into the kennel, in Drury-lane; and they were the two first things that were brought out, as I observed. I asked, indeed, why they began to complain, and give me ill language? Says I, where is Jolly, the waterman? Oh damn you, says one, he is gone with a party to St. James's: another said he was gone to my lord Wharton's; and others said, he was gone to the back-door to break it open; but I saw him no more after that. When I came out, I went to VOL. XV. for High Church and Sacheverell; I will lose my life in the cause; and this many times repeated. I went over the way, and he advanced with his sword, and run at the officer, just at the left flank at that I saw a gentleman's horse spring forward, and he struck his sword down. I went back, thinking there would then be firing, and I might be killed. L. C. J. Pray repeat the words again, which he spoke to you, when you told him, that resisting the Guards was opposing the queen. Orrel. I said, Sir, (I thought he was some country gentleman, and that he was in drink) 2 U Do you know what you do in opposing the guards? You oppose the queen's person; I spoke it heartily and in friendship, I had my hand on his breast, and he had his sword in his hand; says he, God damn you, are you against Sacheverell? I am for High-Church and Sacheverell, God damn all his enemies; I will lose my life in the cause; I will fight the best of them; and advanced and huzzaed; Boys, I will lead you on for High-Church and Sacheverell. After this was over, as I observed, he run at the officer: if he had touched him, I believe he would have run him through the left flank. One of the gentlemen of the guards, I saw his horse spring forward; he reached over his horse, and struck at the prisoner's sword; and then I retired, and went lower into the lane; for I thought if there was firing 1 should be in danger. Sol. Gen. Before you go from this place, where he flourished his sword, let me ask you, did he advance towards the guards, or did they advance towards him? Orrel. As soon as that gentleman had sprung forward, and struck at his sword, he endea voured to shelter himself under the bulk, and one or two of them rode up to him. Sol. Gen. Did he retire under the bulk, after he bad passed on the officer? Orrel. This was a second time, when he passed at the officer: he passed at the grenadiers before, but these were the life-guards. Sol. Gen. You say he run at the officer? Orrel. As I run over the way to him, he said, God damn them, he would lose his life for the cause; he was for High-Church and Sacheverell; Damn all his enemies, he would fight the best of them. Come, boys, fall on, I will lead you on; and flourished his sword over his head, and went directly at the officer, and made a push at him, but his sword was beat down. Sol. Gen. Now go on. Orrel. After this I retired, I never staid to see what was done with him; I thought they had either killed him, or confined him: I thought there was like to be an engagement between the mob and the guards, so I retired down the lane, and there I met with a clergy. man at a tavern door, and I stood and talked with him, till the foot-guards came by: says I, Captain, the mob is very strong, I wish you good success. As the mob went by, they cried, Damn them, we will be even with them tomorrow night, they dare not fire upon us. Att. Gen. If you will ask him any questions you may. Mr. Darnell. You say, that at first, when you saw the prisoner, he retired under a bulk? Orrel. My lord, the horse rode among the mob. When I saw the prisoner first, I was on a bench at the pewterer's corner; and I saw him on the other side the way; and when the horses came up, I saw him under the bulk with his sword, and I saw him flourish his sword, and halloo Mr. Darnell. Was that before the guards came up to him? Orrel. The first time that I set my eyes on him he had his sword in his hand. Mr. Darnell. Therefore I ask, whether you saw him before you saw him under the bulk? Orrel. I do not know what you mean by under the bulk. L. C. J. I understood him, that when the horse came up, he retired under the bulk. Orrel. When I first saw him, he was near the houses, and he had his sword then drawn; I had no sight of him till his sword was drawn; afterwards I run cross to him, and being sorry to see him so desperate, I spoke to him. Mr. Darnell. I ask, if you saw him do any thing before he was under the bulk? Orrel. He had his sword in his hand, and ballooed, and flourished his sword. Mr. Darnell. Did he do any thing before they rode up to him? Örrel. I saw him with his sword in his hand, when he was before the bulk: What I call under the bulk, is against the bulk. Mr. Darnell. Now I ask, was he not on the ground, when you say he was under the bulk? Orrel. He was upon his legs, upon the ground: He stood upon his legs, as I do now; and when the guards rode up, he went back against the bulk. Mr. Darnell. Did the guards ride near him? Orrel. Yes, I saw one or two of them strike him. Mr. Darnell. What did he do when they came up to him? Orrel. He pushed, or rather poked at their horses. Mr. Darnell. Now where is the second place that you saw him? Orrel. I persuaded him to go home; but I saw him the second time at the end of Longacre. Mr. Darnell. How far was that from the first place? Orrel. About the breadth of this court. Mr. Darnell. Did you not apprehend him to be mad or very drunk? Orrel. I believe he had been drinking hard. Mr. Major. Did you see him among the mob? be; for when the guards rode among them, they divided of both sides the street, and were all about him. Mr. Major. Which side of the street was you of, when you first saw him? Orrel. When I first saw him, I was upon a bench, on the pewterer's side; I saw him first on the other side of the way, by the Griffin and Parrot, and then run over to him, and desired him to go home. Two foot-soldiers said, he was an honest gentleman; then pray, said I, take him home. Mr. Darnell. When you say he was offering to push at the officer, was the mob dispersed? Orrel. As soon as the guards came up to them, they would run back forty or fifty yards; Mr. Darnell. Did the prisoner go with them, or stay? Orrel. After the guards had first rode round the fire, I lost him for a minute or two, till 1 had turned about and was looking for my friend; and then I saw the prisoner with his sword drawn, in the middle of the kennel-way, at the end of Long-acre, fronting the bonfire, and there I went and spoke to him, as I told you before. Baron Bury. Was any body with him then? Orrel. There was a pretty many boys, and mob getting together: The mob was thick of both sides of the way, and on the bulks; and as soon as he appeared with his sword drawn, they gathered together very thick. Sol. Gen. Pray describe whereabout is the Griffin and Parrot; it may be material by and bye. You say the pewterer's shop is the corner of Queen-street, now where is the Griffin and Parrot?-Orrel. Just over against it. Att. Gen. How many do you compute were got there together, when you came there first? Orrel. I cannot tell; the lane was so thick from the meeting-house-door to the end of Long-acre, that one could not cross the way without crowding: There might be two, or three, or four thousand. Mr. Major. Did you observe a watchman that was near him at any time? Orrel. There were several of them in parties. Then Richard Russel was sworn. Sol. Gen. Did you know him before that time? Russel. I knew him when he rode in the first troop of guards. Sol. Gen. Then he has been a soldier? Sol. Gen. Are you sure this is the man? Russel. This is the man that drew his sword, and made several pushes. Sol. Gen. Was he at the head of the mob? Russel. He came down at the head of them, and swore, God damn you, are you for Low Church, or High Church and Sacheverell? I am for Sacheverell. Sol. Gen. This, you say, he said at the head of the mob?-Russel. Yes. Att. Gen. Did you see him at any time after this? Russel. I saw him several times, but did not come near him. Sol. Gen. Are you sure this is the man? Sol. Gen. You knew him before? Mr. Major. You say you had drawn round the fire: was there any opposition? or did the mob disperse themselves? Russel. They were very tedious; and as we dispersed them one way, they drew together in another place. Afterwards we were commanded to draw into a line, and to draw back our horses that nobody might get behind us. I drew back into a door-way, and he was got be| hind, by the first horse, between our horses, and then we struck at him. Sol. Gen. Did the rest of the mob endeavour to follow him? Russel. The rest were more afraid, and kept Then Southerland was sworn. Att. Gen. I think you are the officer that commanded that party of grenadiers; look upon the prisoner, and tell us if you know him. Southerland. I never saw him before that night; but I am confident that is the man that had his sword in his hand, for I saw him several times that night. Att. Gen. Now pray, what did you see him do? Southerland. I was commanded by the colonel of foot to go to Lincoln's-inn-fields; accordingly I went with a party of grenadiers, and dispersed the mob there; when I had done that, I came back to the horse-guards in Drurylane: I drew them up in a line, and gave them orders to let none pass behind them, or before them, and then I rode down to captain Horsy, for commands; (for when we had joined the horse, I was under his command:) as I came back, I saw Purchase flourishing his sword, and crying out, Sacheverell, Sacheverell! Í rode up to him; says I, Are you encouraging the mob? Damn you, says he, I am for Sacheverell; with that I raised my hand, and he drew back, and offered his point, but did not thrust. Says I, You are mad, you are distracted; go to your lodgings: says he, I am one of the life-guard: he said he was one, or had been one: says 1, The more shame for you to be here. I struck at him, and he run back towards the horse-guards. I rode down | of every side; we were dispersing them as well as we could. again to captain Horsy, and I saw him again at the corner of Long-acre in the same manner, Seeing him there again, says I to captain Horsy, This man has been troublesome to me on my post: says he, Make up to him, and cut him 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 he offered his point to you; did you see him do so to any other? Southerland, No; I saw him offer no vio lence. Mr. Darnell. Was there any mob at the corner of Long-acre with him? Southerland. There was a party of them, and the horse-guards were dispersing them. Mr. Major. When you rode up to him, and he went from you, was there any body with him? Southerland. I cannot be positive of that. Mr. Major. Did you observe him poke at any horses? Southerland. No; I saw no such thing. Then George Richardson was sworn. Richardson. I know him well, for we were abroad together in Flanders: he was in the first troop of guards when I was in the third. Att. Gen. Now did you see him among the mob the first of March at night? Richardson. I was upon the guard that night, and something after ten an alarm came to us, that the mob was up: we were ordered immediately to mount, and staid some time till the foot passed us at Whitehall. When we came near Lincoln's-inn-fields, we left the foot, and made to Drury-lane; when we came there, the officer commanded us to file off, and disperse the mob, which we did. I was riding among the rest, for they filed off; not four together, but singly, and when I came back again towards the fire, I saw there Mr. Purchase, and my officer, captain Hensbrough, was talking to him; what he said, I don't know, but as he passed him, Purchase made a thrust at bim, but I beat down his point. Att. Gen. Who did he thrust at? Richardson. My officer, captain brough. Att. Gen. Where is he? L. C. J. Did the prisoner know capt. Hensbrough? Att. Gen. My lord, we have done with our evidence. Mr. Darnell. I am of counsel with the prisoner. And, my lord, I shall make no dispute, but, as the gentlemen on the other side say, there was a great tumultuous assembly, that was gathered together with an intention to pull down the meeting-houses: and I shall make no dispute but it was high treason in all that were guilty of that intention, or assisted those that were so. But on the other side, we must beg leave to say, that any person that was going along the street, and fell into company of those that had that design, though they might use some expressions which were evidences of the intention; yet if they were not in the intention, nor did any thing that was assisting in the execution of it, they will not be guilty of high treason. They have offered evidence to shew there was such an intention. The first witness is only to shew, there was a general intention. And I must take notice, that what he says does not shew such a general intention as is necessary to make this fact high treason for he says, as he went through the Temple, he heard some people say, they would go and pull down Burgess's meeting-house; others opposed it: some were for going that night, and others for deferring it till the trial was over. Now if they came to no other resolution, than that some were for going that night, and others after the trial was over; then the action which happened the next night, and before the trial was over, could not be an execution of that intention; nor can they say that any one of those that were at the Temple was at this execution. And therefore, if there be no other evidence to shew a general intent, then this action will stand without any previous intent, and only be a sudden execution of a design. The first witness to the fact is Orrel: and I must beg leave to take notice of the introducHens- tion to his evidence, which he would make use of as a reflection on the prisoner; but I believe the gentlemen of the jury will not think that he had any band in it. There may be wicked people enough to say such things: and no doubt Mr. Attorney will take care that they shall be prosecuted according to their deserts. And I would take this opportunity to say, that I do not see but he is free from any such charge. I see no inconsistency between his evidence, and that which was given for the prisoner. But as to that suggestion, that the prisoner's wife has been about in his neighbourhood, I do not see any thing of that proved. Richardson. I went to cut at him; says I, You rascal, have you a mind to kill my officer? I went to cut at him, and he threw himself against a bulk, and I hit the penthouse with my point, and my blade broke to pieces. Mr. Darnell. You say you saw him talking with the captain; had he his sword drawn at that time?-Richardson. Yes. Mr. Darnell. Were there any mob about him then? Richardson. They were very thick about us As to the fact, he says, he came up Drurylane half an Kour past eleven; that there he saw the prisoner from the other side the way, |
