Flowers. Mr. Gillam did not; Col. Weft was there; he made fome flight apologies, and faid, it was owing to the gun going off; he faid he could have drove them all away without breaking their shins ; there was no reason to hurt none of them; Mr. Gillam, in the evening, was very urgent to have them fire again. William Penrith. I am turnkey at the King's-bench prifon; I was minding the prisoners on the infide; I know nothing that happened without; I faw a number of people on the outfide; my charge was very heavy; I was bufy in looking after the prisoners; there was fuch great numbers of people coming in and out that required my attention; I took in a many that day for misbehaviour; they were brought and delivered into my cuftody; there were no ftones throwed in that day as I know of, there were fome throwed in the day before; I could not fee any that were in the marshal's houfe, if there was; the door of the prifon was broke the day before. I was not afraid of their breaking the prifon the second day, because I had a sufficient guard with me on the infide; I had half a dozen people; they were not foldiers, I mean a fufficient guard for my own fafety, that people did not rush in too faft. I did not fend for the guard the day before; I believe the marshal did; it was on the outside the prifon; you are asking me what was done without fide, I did not fee that. I did the day before make affidavit of the riot and disturbance. The day before it was neceffary to have fuch a guard. I think there were more people affembled that day than the day before, but as to their tranfactions, I can fay nothing to that. We kept them out the day before; when they had broke the outfide door, we put the bar up; I cannot fay, if people had pushed in, that we could have kept them out, if they had all come and pushed in together. I fent to the marshal, and to the juftices, that it was impoffible for us to hold out any longer; we had barricaded the door. I had no doubt whether it was neceffary to have a guard the next day. I got my arms ready, and thought they should not come in till they had broke the fecond door. But there was not any force used the second day. A number of people forced in, and we kept half a dozen men to push them out again; they came against our inclinations. There are upwards of three hundred prifoners within fide. The amount of the charge upon the marshal at that time, I believe to be about two hundred thousand pounds. John Wills. I am a glazier, and a conftable of St. Olave's parish; I was in St. George's-fields on the 10th of May, I went there about twelve o'clock, there was abundance of people befides me, the juftices were there; I faw Mr. Ponton, Mr. Gillam, Mr. Ruffel, and several others, whofe names I do not know. At the time the horfe grenadiers came, there was a fad disturbance, the people cried out, Wilkes and liberty, and throwed ftones; the guards were ordered to the fieldgate, Mr. Gillam was along with them; I went with them; Mr. Gillam defired the people to difperfe, and for God's fake to go home; he said, if he faw any more ftones throwed he would order the guards to fire; juft at that time something came and hit him on the fide of the hand, he fell back about two or three yards; he came forwards again, and faid to the officer, if this be the cafe we shall be all killed, you must fire; be faid fire: upon that the foldiers fired immediately, I faw the horse grenadiers fire; then I thought my felf in danger, because they fired into the path where we were. There were three rows of foldiers, I believe they fell into fix, but I cannot be pofitive; I looked on them to be about thirtyfive or thirty-fix men. I did not hear the Riot-Act read. Mr. Gillam told the people it had been read, and the time was nearly expired; in the evening it was read again, it was read three feveral times afterwards, that I remember. Gillam said if they throwed any more ftones they must order the guards to fire. +++ He was acquitted, and had a copy of his indictment granted him. Mr. Afhort Account of the Trial of Donald Maclane at Guildford for the wilful murder af young Mr. Allen, on the roth of May 1768. (See vol. II. p. 418 and 411.) At Guildford affizes, on the 8th of Auguft, 1768, the Grand Jury for the county of Surry confifted of the following perfons: Right Honourable George Onflow, Efq; member for the county, has a penfion of 3000l. per ann. and is one of the Lords of the Treasury. A x 2 Sit Sir Francis Vincent, Bart. of Stoke D' Abernon, Knight of the Shire. George Onflow, Efq; member for Guildford, Out-Ranger of Windsor Foreft, Jeremiah Dyfon, Efq; of Stoke, Secretary of the Treasury in Lord Bute's time, and now Commiffioner of Trade and Plantations. John Middlemarth and Daniel Ponton, Efqrs. of Lambeth, both employed as Juftices in the bufinefs of St. George's fields, when young Allen was shot, George Woodroffe, Efq; of Poyle. Sam. Plumb, Efq; of Tooting, Alderman of London. Richard Hotham, Efq; of Merton, a Contractor for the Army, Edward Garthwaite, Efq; of Shackleford. William Man Godfchall, Efq; of Albury. John Vincent, Efq; of Beach-hill. William Gill, Efq; of Eafhing. Philip Carteret Webb, Efq; of Bufbridge, of famous memory. George Udney, Efq; of Thames Ditton. James Champaign, Efq; of Weybridge. James Morris, Efq; of Putney, carpenter to the Board of Ordnance. John Rowlls, Efq; of Kingfton, Receiver General of the Land-tax, for the county of Surry. Samuel Hurlock, Efq; of Efher. Giles Strangways, Efq; of Shalford. Sir Fletcher Norton was fummoned on the Grand Jury, but not being in the county, John Middlemarfh, Efq; (who, it is faid, had never been fummoned) was fworn in his room. There were feveral prefent who had been fummoned, but the law not admitting more than twenty-three on the Grand Jury, they could not ferve. The Jury having confidered of the Bills of Indictment prefented against Alexander Murray, Efq; the Officer, Donald M'Laury, and Donald Maclane, who were charged with the wilful murder of William Allen, the younger; and having examined a great number of witneffes, and fat upwards of twelve hours, returned no true bill againft Alexander Murray, Efq; and Donald M'Laury; but after a decifion of thirteen against nine, found a true bill against Donald Maclane. On the 9th, at feven in the morning, the trial of Maclane came on before Baron Smythe (Lord Mansfield having left the town). The council for the profecution were Mr. Serjeant Leigh, Mr. Lade, Mr. Lucas, and Mr. Baker; for the foldier, Mr. Hervey, Mr, Coxe, Mr. Robinson, and Mr. Bishop. Mr. Serjeant Leigh having opened the caufe, proceeded to the examination of the evidence for the profecution. The first witnefs was Jofeph Skydmore; he faid that on Tuesday the roth of May in the morning, about nine o'clock, he went with a young woman, who was big with child, to St. George's-fields, in order to see Mr. Wilkes, whom he had been told was to go that day to Weftminster-hall. That the people having crowded about the King's-bench, the foldiers endeavoured to make them retire, and that the prifoner having his bayonet fixed, wounded the young woman in the fide through her stays, which made the witnefs take particular notice of him from that inftant. That between 11 and 12 o'clock, fome of the mob (particularly a man in a red waistcoat) threw handfuls of grafs at the foldiers and the juftices, on which Enfign Murray, with a fword drawn in his hand, followed by fome grenadiers, purfued the fellow, who fled across the road at the end of Blackman-ftreet, towards a cow-house in Horfemonger-lane. That he (Skydmore) run after the foldiers to fee the event, and found, when they came to the cow-house, the door was fhut, which they endeavoured to force open with the butt ends of their mus quets A quets; Mr. Murray foon after entered, and went through the cow-house, which had three doors, or gates, one at each fide, and another at one of the ends; the prifoner, with one M'Laury, a grenadier, then entered the cow-house, just at the time that young Mr. Allen and a little boy came in at one of the other doors; M'Laury faid, Damn him, that's him, fhoot him! on which the prifoner took aim and fired immediately. Skydmore then faw young Mr. Allen, who had no weapon, or made the least resistance, and the little boy fall down, and heard Allen mutter fome incoherent words: the prifoner then shut his pan, and the witnefs faw the smoke come out from the touch-hole; he was very pofitive the prisoner was the man that fired, as he ftood within five or fix yards of him at the time. That Enfign Murray came into the cow-houfe directly after, and said something to the foldiers, on which they haftily returned to the King's-bench, where the witness followed them, and faw the prifoner pull out a fnuff-box, and in about half an hour after, faw an officer come up to him, take his mufquet out of his hand, and overhaule or examine it, on which the prifoner was turned out of the ranks. The next witnefs was Nicholas Thwaites, who faid, That he was in St. George's-fields on the 10th of laft May, about 11 o'clock in the forenoon, and faw a man dreft in two red waistcoats, throw ftones at the foldiers, and wound one of the ferjeants on the mouth, on which juftice Gillam ordered the foldiers to purfue the rioter. That Enfign Murray, and three grenadiers, with feveral hatmen run after the fellow, who made towards the cow-house, which was within forty yards of the hay-market. That the hatmen stopped, but the grenadiers went on, and entered the cow-houfe, at the great gates, Enfign Murray firft, and the prifoner laft. That he [Thwaites] having followed the foldiers, heard M'Laury fay, Damn him, here is one of the villains we are looking after---Damn him! fboot bim! On which young Allen, who was in the cow-houfe, with a little boy, and a man in a white waistcoat, whose name was Brawn, cried out in a fluttering manner, No harm, no barm! but notwithstanding, the prifoner fired directly, and fhot Allen in the breaft, who inftantly fell down. The prifoner then faid, Dame it, it is a good foot.---The witnefs declared, he could not be mistaken in the prifoner, as he took particular notice of his face at that time. Soon after Allen rofe up, and run across the road to a woman, with whom he was acquainted, crying, I am a dead man, and immediately expired. That Enfign Murray and his men, returned to the rest of the foldiers at the King's-bench, where the witness faw the prifoner in the ranks, with a snuff-box in his hand, by which he was dif tinguished by the croud, who were very anxious to know the murderer: That fome time after the officer took the prifoner's mufquet out of his hand, and, as the witness imagined, found it had been difcharged; on which the prisoner was turned out of the ranks, but in a short space after, placed in them again. John Okin, a youth, of 16, faid, that young Allen, who had just before left his father's house, and himself, were standing between eleven and twelve o'clock, by the Drapers alms-houfes, which are a good distance from the place where the foldiers were infulted. That on their hearing the drum beat to arms, and fecing the grenadiers run after a man towards the fore gates of the cow-house, young Allen who wore a red waistcoat, and himself, wanting to fee the event, ran the other way, which was fhorter, towards the cow houfe alfo: That Allen went in first, and the witnefs followed him clofe; at that inftant the grenadiers entered at the other door, and, perceiving Allen, one of them said, Kill him! on which a grenadier, whofe perfon the evidence could not fwear to, fired, and Allen dropt down, as likewife did Okin himself, through excefs of fear. That directly after Enfign Murray came into the cow-house, and said, Damn you, zvhy did you fire? The witness then got up, and faw Allen bleeding very much from the arm and breaft. That Allen made the best of his way to one Miles's, near the cow-houfe, where he foon after died; and this witnefs went immediately home, being apprehenfive of further danger, and extremely intimidated at what he had feen. Thomas Brawn, labourer, faid, that as he was working in his own yard, near the cow-house, about ten minutes before 12 o'clock, on the 10th of May, he faw a man a man in a red waistcoat purfued by Enfign Murray, three grenadiers, and one frats man. That the foldiers having, as he fuppofed, loft fight of the man they were in queft of, endeavoured to get in at the gate of the yard, leading to the cow-houfe; on which he (Brawn) went up to them, and enquired what they wanted. Enfign Murray foon after unlatched the gate, and entered, one grenadier followed the officer, the witnefs went in next, and the other two foldiers after him. That when they were all in the cow-houfe, one of the grenadiers feeing young Allen, who was intirely unarmed and defenceless, faid to him, Damn you, I'll shoot you! Damn you, do, fays another foldier; at these words the grenadier prefented his piece at the youth, and he [Brawn] endeavouring to ftrike it down, the other foldier prefented a mufquet at the withefs, who found it fafeft to defift from intermeddling in the affair: the first foldier then fired, and Allen fell bleeding on the ground. That Enfign Murray, who had been in the yard on the other fide of the cow-houfe, immediately re-entering, the witnefs faid to him, one of your people bas fhot a gentleman's fon; On this Enfign Murray afked, with an oath, which of them bad fired? one of the foldiers, [Brawn thinks not the man who did fire] answered, Sir, my gun went off at kalf cock by accident; the witnefs replied, it was a lie, and requested Enfign Murray to order them to draw their charges, which requeft the Enfign refufed to comply with, and the foldiers went away. John Bleft, attorney's clerk, was the next evidence: He faid that he was in St. George's-fields on the morning of the 10th of laft May, and faw no riot; but that upon a paper, which had been stuck up against the King's-bench prifon, being pulled down, the mob were greatly difpleafed, and one of them, a fellow in ared waistcoat, threw a ftone amongst the foldiers, which hit juftice Gillam on the head, who immediately clapt his hand to the place, and faid fire! The mob then began to difperfe, and the foldiers run different ways, in order to catch the fellow in the red waistcoat. That this evidence followed in the purfuit, and when he came to the cow-houfe, faw one of the foldiers prefent his piece, and hoot young Allen, who might have been taken prifoner with the greatest facility. That he could not fwear to the perfon of the foldier who fhot the unfortunate youth; nor did he hear or believe at a quarter of an hour before twelve o'clock, that the Riot Act had been read 1. Thorold Lowdell, furgeon, faid, there were two wounds on young Mr. Allen's wrift, which appeared to him to have been given by fome cutting inftrument; and that the wound on the cheft, which broke part of his breaft-bone, collar-bone, and first rib, was a gun-fhot wound; that the orifice, by which the ball came out at the deceased's back, was two inches lower than the orifice at his breast; from which circumstances, the witness conjectured, the mufquet was presented in a direction obliquely downwards. George Milford Flowers, Gent. fwore, That on the 11th of May, the day after the unfortunate tranfaction, he affifted the conftables in conveying the prifoner to gaol, and while he was in the coach with the prifoner, in the course of conver fation upon what had happened the day before, he [Maclane] faid, What they had done was in confequence of the orders they had received, and hoped they should obtain mercy. The witness was very fure the prifoner was the man that Enfign Murray removed out of the ranks on the 10th of May, and faid, the prifoner was directed by Enfign Murray, not to say any thing relating to the manner in which Allen was killed before the juftice. These witnesses were all cross-examined with extraordinary fpirit; in which fome of them were a little confused in their answers, but did not differ effentially. William Brazier, Gent. faid, what the prifoner was turned out of the ranks, and walked backwards and forwards under the wall of the King's-bench prison, and ‡ This witness, during his examination, happening to make use of the inflammatory word, maffacre, when he mentioned the unfortunate fate of young Allen, was reprimanded for it by the court; upon which one of the council, [Mr. Baker] who was concerned for the prosecution, with some warmth, endeavoured to vindicate the expreffion; but he was ordered immediately to defift, and was told his behaviour was extremely indecent. and that he faw a black mark on the infide of the prifoner's coat-fleeve, which he imagined arose from his [Maclane's] wiping his bayonet on it, after he had fired his piece. Jacob Gillbert depofed, he faw young Allen between eleven and twelve of the clock, on the morning of the 10th of May, looking after his father's business that he was not among the mob at all; and that the perfon in the red waistcoat, who threw ftone: at the foldiers and juftices, was not young Allen. Ann Waters (wore, fhe faw young Allen, on the 10th of May, between eleven and twelve o'clock, ride up the road, at the end of Blackman-ftreet, as ufual, about his father's bufinefs, and was fure he was not among the rioters. Here the evidence for the profecution ended upon which the prisoner was afked if he had any thing to say in his defence. He replied, in the broad Scots dialect, that he was not able to answer for himself, but he had done nothing against orders; for that he was commanded to follow in the pursuit, and was in the yard of the cow-house when the gun went off; that his own mufquet was not fired. That if he was guilty, he knew be should lose his life in this world, and bis foul in the next; but that he was as innocent of the crime as the child unborn, and he hoped God and his officer would stand up for him. The prifoner's council then proceeded to examine their witneffes, the first of whom was, Samuel Gillam, Efq; who was tried at the Old Bailey: He faid, that on the 10th of May, having been before applied to by the Marshal of the King's-bench for protection and affiftance, he came to the prison, where a detachment of 100 men had been ordered under the command of Col. Beauclerck. That the mob were extremely riotous, made ufe of many treasonable expreffions, and had stuck up a feditious paper against the prison. That upon his defiring one of the conftables to take down the paper, a great number of ftones, &c. were thrown at the conftables, foldiers, and himself. That he was hit above ten times; at length the conftables delivered him the paper ‡, which greatly enraged the mob, and they called out repeatedly, The paper! give us the paper! upon which the witness told them, if any of them would claim it as his own property, he [Gillam] would immedi ately reftore it. That after this the people grew extremely outrageous, and he attempted [it being at that time near II o'clock] to read the Riot Act, but was interrupted by the ftones that were thrown at him, and obliged to defift. That the mob frequently cried out, No Wilkes, no K--- ! Damn the K---! Damn the P---------t Damn the Juftices !---That at about five minutes after eleven o'clock, the witness having read the proclamation, in spite of all oppofition, and explained to the rioters the dangerous confequences of their behaviour, Enfign Murray, fent to defire the affiftance of the civil officers in the place where he and his men were pofted: That the witnefs went immediately to him, and was ftruck on the hand and arm by a stone, which was thrown from amongst the croud by a man in a red waistcoat; upon which the witnefs ordered the conftables to feize him, and Enfign Murray and fix or feven foldiers affifted in purfuing the fellow. That foon after, the report of a gun was heard, and when the foldiers returned from the purfuit, which lafted but a very few minutes, one of them exclaimed, Good God, I have accidentally killed a man. Enfign Murray then faid, Damn you, why did you fire? or who bid you fire? to which the foldier replied, Nobody, Sir, my piece went off at half cock; and feemed by his countenance and manner extremely concerned and fhocked at the unfortunate circumstance. Here he produced the paper, which was read, and was as follows; And here Great WILKES and LIBERTY confine; Then, while in prifon, Envy dooms their stay, Mr. PHILO-LIBERTATIS. No. 454 |