with his sword drawn; that he was hallooing and waving his sword; that the guards coming up, he retired toward the bulk; and that he pushed at the guards. The next place he saw bim at was a little from thence amongst the horse-guards; there he was waving his sword, and crying, Damn all Sacheverell's enemies; I will fight them all; I will lose my life in the cause: Come on, boys; and to that purpose: and that he did push at the captain of the guards. I think these expressions carry a face of madness, or great drunkenness; nobody in his right senses would think himself fit to fight all his enemies, and call to them to fall on, when at the same time he stood single, and there were none to fall on.

L. C. J. He did not say there were none : he said they were not dispersed.

Mr. Darnell. I asked whether any body was near the prisoner when he used that expression; he said they were divided.

L. C. J. Call him again, and see if he said so. What say you, did he stand single and alone, and all the rest at a distance?

Orrel. No; 1 saw him at the head of a smaller body just at the kennel in Long-acre I went and spoke to him, and pushed him back; and then there was a greater number. Mr. Darnell. I ask, when he pushed at the captain, was there any body close to him? Orrel. There were some before him; but they did not keep so close to him.

L. C. J. Where was it that you say he called

to them to fall on?

Orrel. At the end of Long-acre.

L. C. J. Now were there any others coming up, or following him?

Orrel. A great many were close to him then; but he advanced farther than they

would follow him.

Mr. Darnell. My lord, I say, this expression did speak a madman, or a man out of his senses in drink; but the substance of what he said was only, that he was for Sacheverell, and would die in the cause. Russel, one of the horse-grenadiers, says, he saw him there with his sword; and that he got in behind, and was between the horses: so that be must come in among the horses by accident; if he had been resisting the guards, doubtless he would have been at the head of them, and not have got in between them: so that he could not be then resisting them, but come there for shelter, rather than to resist them. The third is Southerland: he says, he saw the prisoner hallooing for Sacheverell, and in a little time lost sight of him, and saw him afterwards at the end of Longacre; and that nobody was then with him. Richardson says he knows him, and saw him talk to the captain of the guards; and it would have been proper to have produced the capLain, to give an account what passed between them, to know whether he was encouraging the mob, or defending the guards. The discourse that passed between them, we think, would have been material: but we think it is an evidence for us that it was not what is re

presented; for if it had been such a discourse, the captain would have ordered him to be secured: therefore we think it looks as if the captain did not take him to be concerned in the matter. They do not pretend to shew that he was at any of the meeting-houses; that he was instrumental in pulling them down; that he had any part of the materials; that he had any ensigns or banners: but the first account they give of him was about half an hour after eleven; and then most, if not all the mischief was over: so that all they can say is, that he came in at the latter end of it.

As to our case, we will shew that the pri soner is in his employment a bailiff; at the time that is mentioned, we have a good account to give of him all the day long: in the morning about nine, he had business to arrest one, and sent for one Amos Winch, to fetch a marshal's court writ to arrest the man in Hatton-garden: about eleven the plaintiff and defendant met together at the Crown in Chancery-lane, to end that matter: at twelve he went from thence to the Savoy; after that he went to one Grove's, that keeps a brandy-shop; and those of his employment give themselves a great liberty in drinking; and there he staid a while. From thence he went to the Horseshoe tavern; and then returned to the brandyshop again. About nine he went to his own house; when he came thither, there was other business required him to go abroad; for Mr. Broad the bailiff had sent for him to the tavern in Covent-garden; and there he staid till eleven. He was so much in drink, that as he was going home to bed, he was met in the street, and offered a chair: but before he got into the chair, the mob were got together; and they seeing him so much in drink, made sport with him; and he did express himself for Sacheverell, as every body was forced to do. After they had used him thus, they put him into a chair, and carried him home. He was in so sad a condition with drink, that it was apprehended he would have died; his wife and those about him were forced to send for a physician; accordingly they sent for one Plaxton, and he let him blood; which was done before twelve o'clock: and he continued thus ill all the next day. This will shew that he was not in the original intention; that he came accidentally at eleven, or half an hour after; and then the whole transaction was over. And however he might behave himself through that excess of drink, yet they must offer some evidence that he was in the intention or execution of that design; for the assault made on the guards is barely an assault, and cannot be high treason. If he did no more when he met the guards, but draw his sword to defend himself against the horses that were coming so near him; if he did retire, and only push at the horses, that will be no manner of offence; if he did misbehave himself, by reason of the excess of drink, and offer to push at a man, if he had killed him, it had been murder; but it could not have been high treason. When we have

proved our case, we will leave it to your lord ship and the jury, and hope there will be no evidence to convict us.

L. C. J. I would ask where that captain is? Richardson. He is in the country: He married a young lady lately, and is gone into the country.

L. Č. J. When did you see him?
Richardson. Not this fortnight.

Mr. Major. My lord, the offence which the prisoner stands charged with is a great offence, no less than high-treason, in levying war against her majesty; the punishment, if guilty, will be the most severe; therefore we hope the gentlemen of the jury will expect plain, positive and direct proof, and will not be guided by private opinion, presumption or probability. My lord, I beg leave to consider how far the evidence given will affect the prisoner, as to the crime he is charged with. The treason they have given evidence of is an intent to pull down meeting-houses in general: It is not pretended that the prisoner was concerned in that, or was at any of the meeting-houses; but only they would prove him guilty, by aiding and assisting those persons that were concerned in that fact. Now it will not be pretended, that all that were present where those mobs were, are guilty of this crime: Many were there out of curiosity, many by accident, many passing along on their occasions; which we say was the case of the prisoner: It cannot be imagined that those persons that appeared there single were engaged in the design. We say, There was no resistance made by him to the guards; that he seconded nobody, nor did any body second him: And when he came to the guards, if he had appeared to be a leader of the mob, he was then in their power, and they might have secured him. One of the officers of the guards spoke to him; but what passed does not appear. If this fact had happened at any other place where he had happened to meet the guards, and he had assaulted them; that fact in itself considered, would not have amounted to high-treason. As to the place, that it was near where the mob was gathered together, that will be accounted for, because it was in his way home, and near the place where he lived. They take notice of several expressions he made use of at that time; of offering to fight the guards, and damning Sacheverell's enemies, and the like; we think these are such expressions as might be expected from a drunken man, a man in the condition he was in; and it does not appear to be in aid and assistance of that fact, which those tumultuous persons were about. It does not appear that he was privy to it, and the matter was over before he came. We shall give an account of his coming to the place where the guards were; that he was not among the people, but coming in his way home. And if it appears not to be done in aid of that traitorous design, and of those persons that were concerned in it, it will not be treason: For a man to be singly flourishing his sword when he was in the power of the guards, it

| shews the action of a man not in his senses; and that is a more probable account of the matter, than that he did it in aid of those traitorous persons. So that if that be only doubtful, and the fact is not levying war; if it be only doubtful, and is capable of being construed the one way or the other; yet in the case of life the jury will, in favour of life, incline rather to acquit than condemn. We will call our witnesses, and hope to give you satisfaction that he is not guilty of this crime.

Then Amos Winch was sworn.

Mr. Darnell. Give an account to my lord, and the jury, whether you remember Mr. Purchase any where, the 1st of March last? And when you saw him first?

Winch. He called on me, between eight and nine in the morning, to go with him, to execute a writ: I went with him, and we took the person.

L. C. J. I will not hinder you from taking your own method, if you think it will be of any use to shew where he was all day.

Mr. Darnell. It may be inferred from that evidence, that he was not concerned in the design.

L. C. J. Then you would make use of it to shew, that he was not in the design all the day, but to make his coming there accidental? I do not find that the queen's counsel say he was at any consultation.

Mr. Darnell. Pray give an account, when he first came to you, and when you parted.

Winch. He came to me in Sheer-lane, to go with him to execute a writ; and it was between eleven and twelve when they paid the money, and then he went away with the plaintiff.

Att. Gen. Are you acquainted with the pri soner ?-Winch. Yes; very well.

Att. Gen. What profession is be of? Winch. He is an officer to the high bailiff of Westminster.

Att. Gen. Who is he an officer to?
Winch. To Mr. Huggins.

Then Cornelius Johnson was sworn.
Mr. Darnell. What time of day did you see
Purchase upon the 1st of March last?
Johnson. I was with him between eleven
and twelve, at the Crown in Chancery-lane.

Mr. Darnell. How long did you stay? Johnson. From thence we went into the Strand, and I parted with him at the Savoy. Mr. Darnell. What time of day?

Johnson. About half an hour after eleven. Mr. Darnell. Who was he going to at the Savoy ?-Johnson. I do not know to whom.

Then Benjamin Holden was sworn.

Mr. Darnell. Pray give an account what time you was with the prisoner on the 1st of March last.

Holden. Mr. Johnson was going towards Whitehall, so we went all three together; and Mr. Purchase called on one that owed him some money, but he was not at home; but,

says he, I will find him out; but he did not meet the man, so we went to drink a pint of wine, and we agreed to dine together, at two o'clock, in Chancery-lane, which we did; and after dinner, says I to Purchase, Here is a sad noise and rout, no business is to be done, let us sit, and smoke a pipe; so we sate till four o'clock. Says I, Where are you going? I am going home, says he; but instead of that, he went to Grove's brandy shop, at Long Acre; there he went and drank.

L. C. J. Did you go with him?

Holden. No; but he said he would go there. L. C. J. How do you know what he drank? Holden. Grove's man told me so.

L. C.J. What time did you meet him again you had parted wtih him going to Whiteball?-Holden. It was about two.

after

L. C. J. And what time did you part with bim to go there?

Holden. It was nigh twelve o'clock. Att. Gen. About four, you say, you asked him to smoke a pipe; what did you say to

him?

Holden. Says I, There is a great noise about, there is no doing business.

Att. Gen. What did you mean by that great noise?

Holden. I meant about Dr. Sacheverell; there was a great noise about the Temple. Att. Gen. Was the mob up then? Holden. No.

Att. Gen. But he would not stay with you?
Holden. No, he said he would go home.
Then John Lane was sworn.

Mr. Darnell, Do you live at Grove's?
Lane, Yes.

Mr. Darnell. What time of day did Purchase come to your house? Lane. A little before four o'clock; and he drank with my master till past five. My master gave him a business to dun a gentleman, and then they went to the Horse-shoe tavern and staid there till eight; then he came back again, and drank with us, and was very drunk.

L. C. J. When he went to the tavern, how long did he stay there?-Lane. Two hours. L. C. J. How do you know? Lane. I am sure of it; the man of the

house will witness it.

house?

Mr. Darnell. How long did he stay at your Lane. He staid there, and about the door, till balf an hour after eight.

Mr. Darnell. Where did he go then?
Lane. He went homewards, I suppose.
L. C. J. What did he do about the door?
Lane. He went to the door, and drank there

with some men.

L. C. J. Who were they?
Lane. One Acton, and Gering, two officers.

Then Dupper was sworn. Mr. Darnell. Do you remember that the prisoner came to your house the first of March last, with Mr. Grove?-Dupper. Yes.

Mr. Darnell. How long did he stay? Dupper. I believe he was there about two hours.

Mr. Darnell. What time did they come in? Dupper. In my opinion, it was about five or six o'clock.

Mr. Darnell. How long did they stay? Dupper. They went away a little before eight, to the best of my knowledge.

Mr. Darnell. Were they there all that while? Dupper. Yes, they were, upon my oath. Mr. Darnell. Did the prisoner and Grove go away together?

Dupper. Upon my oath they did.

L. C. J. What time did the mob begin that night?-Dupper. I did not mind.

Then Sarah Roch was sworn.

Mr. Darnell. Did you see the prisoner at Mr. Grove's ?

Roch. I was at Mr. Grove's, when Mr. Purchase and he came back from the tavern: I saw him in drink, and desired him to go home. I was half an hour in the shop; when he was there, he was very much in drink, and at last he went home along with me. When he came home, he seut for two pots of ale, and was at home half an hour, and there came a porter from a tavern in Covent-garden, to let him know somebody wanted him there, and he took coach to go there.

Mr. Darnell. What time was that?

Roch. It was about half an hour after nine. Mr. Darnell. You say he went in a coach, was he in drink then?-Roch. Yes.

Mr. Darnell. Did any body go with him?
Roch. Yes, Mr. Loveday.

Mr. Darnell. Why did he go with him? Roch. His wife desired Mr. Loveday to go along with him, because he was so much in drink, and to bring him bome again.

Then Thomas Loveday was sworn.

* Mr. Darnell. Give us an account when you saw the prisoner that night.

Loveday. I went home with him about nine o'clock, and he sent for two pots of drink, and while we were drinking them, Mr. Broad sent for him to a tavern in Covent-garden. His wife, at first, would not have had him go, but I said, it may be Mr. Broad had business with him; so she desired me to call a coach, and to

go with him, and to see if Mr. Broad was there; so I went with him to the tavern, and left him there, and came home.

Then Jacob Broad was sworn.

Mr. Darnell. Did you send for the prisoner that night that the mob was?

Broad. I have known him some years: 1 happened to have occasion to have some goods appraised, which I had taken in execution; I sent for Mr. Averell and Mr. Holloway to appraise them; and when they had appraised them, I desired them to go to some house, and give me an inventory; then we agreed to go to the Cross-keys tavern; this was about half an hour

after seven. I left them there, making up their inventory, and went to a coffee-house hard by: There I heard of a gentleman, that was to be in that tavern, whom I had a warrant against for two hundred pounds: I had nobody with me; I went to the tavern, and then it was half an hour after eight; says I, I have nobody with me; I will send for Purchase: he came to me in a coach, much in drink; says I, what do you come to me for, fuddled? You are not fit to go about business: I will not go again, says he, unless you will give me a coach, and a pint of wine. I said, it was needless, I had rather give him a bottle another time; but I did give him a pint, and he staid till between nine and ten. Mr. Averell had occasion to go away, and he left the rest of us. He was much in drink, and I could not get him out of the room. When he is sober, he is a very civil fellow, but when he is drunk, he is quite mad. About ten, I took my leave of Holloway, and went over Coventgarden with him; he hung upon me, and was very troublesome. I bid him take a coach; says he, it is a mobbing night, I will see you home: Says 1, you shall not see me home: Says he, I will call a chair for you, for you are drunk; though I was as sober as I am now. He called a chair, and to humour him, I went into it; Now, says I to him, pray do you go home: Now by that time, I believe it was within a quarter of eleven, or thereabout. After I left him, I had not been at home above an hour, but I had news brought me that he was beaten, and used very ill, and carried home very bad; and this is all I know of the matter.

Mr. Major. Where did you part with him? Broad. It was in Bridges-street.

Mr. Major. Did you see which way he went? Broad. I did not see which way he turned, but it was about eleven o'clock, and he told me, he would go directly home.

L. C. J. Was the mob up in Drury-lane, when he came to you?

Broad. When we were in the tavern, the master of the house came and told us, that Mr. Burgess's meeting-house was pulled down, and burning; and that they had begun to pull down another. This was about ten o'clock. L. C. J. Where is his house?

Broad. In Drury-lane, a little way from Long-acre.

L. C. J. Then after you parted with him, he must go through the mob. Now you, who were as sober as ever you were in your life, and sensible how bad he was, must have taken so much care as to consider, which way he was to go home: How comes it to pass, you did not see him home?

Broad. My lord, I would have seen him home, but I am not a man that engage myself in mobs, for those of my employment generally suffer in mobs; I avoid them if I can; end if I meet them I give them all the good language I can,•

L. C. J. But there is another way you might have secured him from the mob, for I suppose

he was well disposed to have staid longer at the tavern.

Broad. Yes; but I did guess, that at eleven o'clock those mobs are generally over; and be fore we came out of the house, we heard the guards were abroad, and 1 guessed he might go home safely the way he was to go.

L. C. J. You have given another reason why you should take care of him, because he was troublesome in drink, and was a bailiff, and liable to be affronted; therefore you should have taken care of him.

Broad. I believe if it had been another night, I might; but if I had gone with him, then I might have been in the same condition with him: I do not know but I might have been forced to say something or other, to save myself from the mob.

Purchase. My lord, the meeting-house is as near my house as it is from hence to your lordship; at a back window I can hear them preaching.

Then Mr. Bembridge was sworn.

Mr. Darnell. Pray give an account of what you saw and observed of the prisoner, that night that the mob was up.

Bembridge. My lord, I was at an oil. shop, at Long-acre end, with several others, about eleven o'clock, when the guards came and dispersed the mob that were there. When they had been there a quarter of an hour, or thereabout, the prisoner came to the end of Long-acre, and stood there by himself, and nobody near him. One rode up to him, and talked to him for some time; they had not talked long, before two more rode up, and fell upon him, and drove him a few doors; he retired, and there they left him.

L. C. J. Who were the others that were with you in the house?

Bem. There was one Jefferies, who lives in Bloomsbury-square, and a watchman in Gray's-inu passage, and one Mr. Cheekly: there was another gentleman of the Temple, but I do not know his name.

L. C. J. What was your business there? Bem. I was going home, and the mob was there, and I got in for shelter.

L. C. J. Who did you see at the fire, besides the prisoner?

Bem. There was nobody there then.
L. C. J. When did you see the prisoner first?
Bem. It was about eleven.

L. C. J. Were the guards there then? Bem. Yes; and they had dispersed the mob. L. C. J. What do you mean by the mob being dispersed? Was the street clear? Or were they of the sides of the street?

2

Bem. Some of the guards rode one way, and some another; and they drove the mob before them.

L. C. J. Were there none of the mob in the street?--Mr. Bem. I saw none nearer than where the guards had drove them to.

L. C. J. You say you saw the prisoner there; what was he doing?