MY LORD,

I HAVE been honoured with your lordship's letter of the 17th inftant, defiring a further explanation of the letters fent by Lord Amherst to Colonel Twifleton, &c. and have taken the firft opportunity of laying your lord fhip's faid letter before the council; and I am to fay that it is the opinion of their lordships, that the matter has been fully explained in my letter to your lordship of the 15th.But in regard to what your lordfhip intimates of the impracticability of proceeding in the execution of what was required by the letter from the privy-council of the 9th inftant, without the affiftance of the inhabitants of the feveral wards, who have armed themselves; the council is of opinion, that at a time like this of real danger from riots, tumults, and rebellious infurrections, a reasonable number of inhabitants, armed according to the nature and circumftance of the cafe, may attend the peace officers as affiftants to them, for the prefervation of the public peace, until the danger be over: but although his majesty's Proteftant fubjects may have arms for their defence suitable to their condi.

tions, and as allowed by law, yet they cannot by law affemble in bodies armed, and be muftered and arrayed without the authority of his majesty.

I have the honour to be, my lord, your lordship's most obedient, humble fervant,

BATHURST, P.

Right Hon. Lord Mayor.

SECOND REPLY.

Guildhall, June 24, 1780. MY LORD,

I HAVE the honour of your lordship's letter of the zoth, informing me, "That the council is of opinion that a reasonable number of inhabitants, armed according to the nature and circumftance of the cafe, may attend the peace officers as affiftants to them for the prefervation of the peace, until the danger be over," which I have communicated to the court of aldermen, by whofe directions I am to reprefent to your lordfhip, that they forefee difficulties likely to arife in the execution of their duty, if the military are to act independently of them; and therefore, as well as to quiet the apprehenfions naturally arifing from a large military force continuing in the capital, and not under the ufual control of the civil magiftrate, they fubmit to your lordfhip's confideration whether the order of the Adjutant-general for them to act without waiting for the directions of the civil magi. ftrate fhould ftill continue, or whether it would not be more expedient in the prefent ftate of things to recall that order, and

fubject

magiftrate.

a

I beg leave to fubfcribe myself, with the greatest respect, my lord,

your lordship's moft obedient, humble fervant, B. KENNETT, mayor.

Earl Bathurst.

Proceedings at the Old Bailey, and of the Special Commission at St. Margaret's-hill, for the Trial of the Rioters.

N Wednesday, June 28, the feffions began at the Old Bailey, when the following pri foners were tried, and capitally convicted of being concerned in the late riots; Mr. Norton and Mr. Howarth being counsel for the profecution, when the latter expatiated on the nature of the offence with which the prifoners ftood charged, fhewing it to be felony by the ftatute Geo. I. i William Lawrence and Richard Roberts, were firft put to the bar, and were clearly convicted of having aided and affifted in deftroying Sir John Fielding's houfe, in Bowftreet, on Tuesday night, June 6. Thomas Taplin was next arraign. ed, for demanding and taking half-a-crown from Mr. Mahon, apothecary, the corner of Bowstreet, June 7, and convicted, though his counfel attempted to prove him infane. William Brown was indicted for entering the dwelling houfe of Francis Deacon, cheesemonger, and holding a large knife in his hand, making ufe of the following, words: Dn

your eyes, if you do not give

June 29, George Kennedy was indicted for deftroying the dwelling-houfe of Mr. McCartney, a baker, in Featherflone-street, Bunhill-row. The jury brought him in guilty, but recommended him to mercy. William M'Donald, (a foldier with only one arm) for deftroying the dwelling-houfe of John Lebarry, on the 7th of June, in St. Catherine's-lane, Towerhill, was found guilty, Death. James Henry, for deftroying the houfe, &c. of Mr. Thomas Langdale, at Holborn-bridge, June 7. was found guilty; and he being the principal ring-leader upon this occafion, the Recorder informed him, that from the circumftances of his cafe, he could not expect mercy. George Barton, for affaulting Richard Stowe, in Holborn, and feloniously taking from him 6d. in filver, faying, Pray "remember the Protestant reli"gion." He was found guilty, but recommended to mercy. John Ellis was indicted for beginning to pull down the houfe of Cornelius Murphy, the Sun, in Golden-lane, June 7, not guilty. Thomas Chambers was indicted for the fame, and found not guilty.

June 30. William Pateman was indicted for demolishing the house of Robert Charlton, in Colemanfireet, June 7, and found guilty. The court adjourned till Monday.

July 3. The important trial of Mr. Maical, the apothecary, came on. He was indicted for riotously and tumultuously affociating, on

the

the 7th of June, with feveral per. fons as yet unknown, and beginning to pull down the dwellinghoufe of the Earl of Mansfield, in Bloomsbury-fquare.

Richard Ingram depofed, "That he lives in Weymouth-ftreet, and was in Bloomsbury-fquare at half after one on Wednesday morning the 7th of June. Hearing there was a fire near Queen's-fquare, and having relations there, he went towards it-He faw a mob at Lord Mansfield's, and four or five fires-that he beheld perfons in the house, men, women, and children, bringing out furniture and books. He faw the prifoner (whom he has known perfonally for fome years) ftanding oppofite Lord Mansfield's door with his hands upon a boy's thoulder, who was putting a book in the fire-He faw nothing in his hat at that time; he thought he was encouraging the boy. He faw, at the fame time, furniture carrying out, and feveral books burning; and from the manner in which the prifoner put his hand on the boy's Thoulder, it appeared to him to be encouraging, not preventing the boy. He went on to Devonshireftreet, but did not flop there, and returned in about a quarter of an hour it was then about two o' clock. On his return, he faw the prifoner with a blue cockade in his hat, and another perfon holding his arm furniture was ftill throwing out, and books burning; and he obferved the mob were going for more books, upon which he faid, books could do no harm. A perfon on his left hand anfwered, "What, fir!" in a menacing tone: he corrected himself, and faid, "Lord George will get this

Mr. Mafcal, who was on his right hand, next but one, looked over the next man's fhoulder, and faid, “That's a damned lie, the

bill won't be repealed." Another perfon then faid, "Mafcal, "you were always a feditious per"fon." Mafcal then faid, “That man in the black cockade (meaning the witness) is a spy. He wears a cockade as being on the phyfical ftaff, and was furgeon to a regiment of dragoons." The man on his right hand between him and Mafcal, feized him by the collar, and cried out " Spies! fpies!" The mob, on that, fhoved him about; but by applying to a man, he and the mob entered into an altercation, whilst he flipped away and got behind Mr. Mascal. The guard then came up. Mascal faid, push forward boys, huzza'd, pulled off his hat, and cried, " No Popery!" The mob preffed clofe on the guard. The officer pulled off his hat, and said, "I will not hurt a hair of your heads," and defired them to difperfe. He foon after faw Mafcal again. A party of about twelve came up with a blue flag towards Mafcal, urging "where next." The answer, which he believes was from Mascal, was Duke! Duke! He was then two yards from Mascal. He afterwards faw Mafcal going towards Ruffel-ftreet, and faw a man prefent a paper to Mascal, and afk, "Why do you leave out Peterborough and Bristol ?" He went out of, and came again into Ruffel-street, to the perfon who held the paper in his hand. Mafcal anfwered, "They are not left out, I have not fcratched them

out; but do not stay long in Devonshire, but go to the Bank; there is a million of money to pay you for your pains."

Sir Thomas Mills depofed, "That he was at Lord Mansfield's during the riot, and knows the prifoner by fight. At half paft twelve, on the morning of the 7th, he heard the mob coming up the fquare, being then in Lord Mans field's houfe. They began by breaking the parlour windows; Lady Mansfield and the ladies came down, and he conducted them to Lincoln's-inn-fields, but inftantly returned in order to make the guards in the fquare act to fave the houfe. He found the officer with his detachment near the houfe, but the officer faid, the juftices of the peace had all run away, and he could not act without a magiftrate. The mob over hearing this, pulled him about, and dragged him towards the fire to throw him on it. One behind cried out, Mascal will protect you; there he is." He was then refcued, and faw the prifoner at fome distance from the mob, who were at that time bringing out Lord Mansfield's gowns and wigs

that Mascal was huzzaing with others, "No Popery," and had a blue cockade. He afterwards went to fearch for a juftice, which took up half an hour; it was then a quarter after one, but finding no justice, he returned. The mob had then got into the library-the witness at that time was in the fquare, and faw the prifoner upon the upper ftep of the houfe. He attempted to get up to the 'fteps to expoftulate with the prifoner; three or four well-dreffed men ad VOL. XXIII.

vifed him not to go further, lest he fhould be thrown into the area, or the fire, for they were determined to proceed. He then left them, and faw the prifoner no more that night-he returned be fore three-he cannot in his confcience fay he heard the prifoner Say any thing, faw him do any thing, or have any thing in his hand, but he appeared activeand proved the houfe to be demolifhed."

Mr. Mascal began his defence by obferving, that the humanity of the English law confidered every man innocent, until he was convicted; and that a jury would certainly confider it neceffary that an inducement fhould be fhewn fufficient to carry away a man of character and independent bufinefs to act in the manner which had been alledged against him. He had long lived in credit and reputation, and it could not be prefumed, that he would, in the face of his neighbours, head a mob of boys, and banditti of pickpockets.

One circumftance, he obferved, deferved peculiar attention from the jury-Ingram had not given information against him from the 7th to the 17th.

He had witneffes, he faid, to contradict every fact fworn against him; and obferved, how extraor dinary it was, that Molloy, who, it appeared by Ingram's evidence, had not departed from him, through the whole courfe of the night, had not been produced against him.

As for Sir Thomas Mills, he hoped his attachments, and the motives which might promote his zeal in this caufe, would have proper weight with the jury. He had ks]

been,