been, on a former occafion, contradicted by five affidavits against his fingle oath.

Baron Skynner faid, that this part of the defence could not be received; he was very forry to interrupt Mr. Mafcal, but what he was going into was highly improper.

Mr. Mafcal proceeded, by urging the improbability of the charge against a man fituated in life as he was. He would fhew by his witneffes that he did not leave his houfe till one o'clock in the morning, and at a quarter af. ter one he admitted he was in Bloomsbury fquare, viewing the fire at Lord Mansfield's houfe. But though he was there, he did not, as had been falfely afferted, ftimulate the mob, but deplored and execrated the mifchief they were perpetrating.

His fortune, his character, his life, he threw upon the verdict of the jury cheerfully: not doubting but their verdict would give fatiffaction to every one not interefted in procuring his death.

Mr. Mafcal produced feveral creditable witneffes to his character, and to prove his innocence: among others,

John Cowper, cheesemonger, in Queen-ftreet, Bloomsbury, depofed, he was in Bloomsbury-fquare at one o'clock, and flood about five yards from Bedford - gate. That he was at home at ten mi nutes paft two. He faw Mr. Mafcal there about five minutes after he came-Mafcal flood clofe behind him, and behaved very quietiy, but he loft fight of Mafcal about five minutes before he left the fquare. Did not hear Mafcal fpeak to any of the mob, nor any

of the mob fpeak to him, but faw. him fpeak to fpectators. Mafcal fpoke to the witnefs and his wife, when the witnefs faid, "Good God! what fhocking work is here!" And when the furniture, was thrown out, Mafcal faid, "Good God! what a pity this is !"

Being cross examined, he faid, he did not change his place many yards while he flaid-that he faw Mafcal go towards Great Ruffel Street, towards the Mufeum.

Mrs. Wood depofed fhe heard Mr. Mascal lament the lofs of the furniture that his conduct was as quiet as her own. She corroborated every circumftance fworn to by the preceding witneffes.

John Robinfon depofed, he was prefent at Bloomsbury at about a quarter paft one, and faw Mascal

that he was there above an hour, and faw him frequently, but could not observe him to have any thing to fay to the fire, or the riot-faw none of the mob fpeak to him, nor he to any of the mob. That he came voluntarily to give his evidence, being convinced, in his confcience, that Mr. Mafcal was innocent of the charge brought against him.

William Crutch depofed, he was at Lord Mansfield's at twelve o' clock, as he lives near it: he went into the house to give affift ance, but he did not fee Mafcal there, though he faw feveral others very active and he was in the fquare till near five, a few minutes before the military fired.

The jury, without quitting the court, brought in their verdi& Not Guilty; upon which, there was a loud clapping, which the judge highly reproved, and faid, that if

the fame was repeated within his hearing, he would commit the of fenders.

Mr. Mafcal, when the jury had given their verdict in his favour, in a fhort speech addreffed himself to them and the court, returning them thanks for their candour, attention, and patience.

Baron Skynner faid in reply, that it was the duty of the court to think no time too much to dedicate to the investigation of truth, let the event go either to the acquittal or to the condemnation of a prifoner. The trial lafted feven hours.

Edward Dennis, the hangman, was found guilty of being active in affifting to demolish the house of Mr. Boggis, in New Turnstile,

Holborn.

Enoch Fleming and John Morris, (a youth about 15) for deftroying the house of Ferdinand Schomberg, in Woodftock-ftreet, Oxford Road. Both found guilty; Morris recommended to mercy.

Tuesday, July 4, Mary Roberts and Charlotte Gardiner, a negro, were indicted for aiding in the demolition of Mr. Lebarty's houfe (already mentioned) and were found guilty, death.

John Gray was found guilty, for aiding to destroy Lord Mansfield's house, but recommended to mercy. Richard Forfter, guilty, for demolishing Mr. Schomberg's houfe. Wednesday, July 5, John Gamble was indicted for committing depredations in the houfe of David Wilmot, Efq; at Bethnalgreen. Guilty.

George Staples, for demolishing the houfe of Mr. Malo, in Moorfields, June 7. Guilty.

James Bulkeley, for deftroying

the dwelling houfe of Cornelius Murphy, Golden-lane, found guiltý, butrecommended to mercy.

Benjamin Waters, for the fame. Guilty.

Samuel Solomons, for demolishing the dwelling houfe of Chriftopher Connor, in Black-horfe-yard, Whitechapel. Guilty.

Jofeph Marquis, for demolishing Murphy's houfe, Golden - lane. Guilty, but recommended mercy.

to

Sufannah Clarke, for the fame. Elizabeth Lyons depofed, that on the night of the riot, fhe did not fee Clarke do any thing, but heard her fay to Walter, one of the mob, "They are Irish Catholics; if they are not, why do they keep Irish wakes?" Upon which Walter anfwered, "That the houfe fhall come down ;" and the mob immediately forced in, Walter being the firft man that entered, her hufband being prefent at the time. The Chief Baron in his charge faid, "It is a rule of law, that no woman can be charged with any felony committed in the prefence of her husband, the law prefuming that the wife acts under the direction of her husband; and Murphy, though not in the prefent cafe, has, in two former trials, fworn that the hufband joined with her in the fact." She was found not guilty.

Thursday, July 6, Charles Kent and Letitia Holland, were tried for pulling down Lord Mansfield's houfe, and both found guilty.. Holland was an handsome young woman about 18.

William Avery was tried for deftroying Mr. Cox's houfe in Great Queen- ftreet,, Lincoln'sInn-fields: he was found guilty; [S] z

but

A reward having been offered by Government for the apprehenfion and conviction of any rioters, a queftion arofe, Whether perfons interested in the conviction of the criminals were admiffible as evidences against them? Which queftion was fubmitted to the opinion of the twelve judges, who unanimously agreed, that the testimony of witnesses claiming reward is admiffible.

The general rule of law is, not to admit witneffes to give evidence, who, by the ties of affection, or from the motives of intereft, are likely to be under undue influence. But, fay the judges, there are cafes of neceffity that require a departure from this rule. Thus, in cafes of robbery, where not only reftitution of goods ftolen, but the title to the parliamentary reward, depend on the conviction of the criminals, it has never been held that fuch interest should operate to deftroy the competency of the evidence if it did, hardly any highwayman could ever be convicted. So witneffes entitled to rewards from the bank, the poft-office, and other offices, have univerfally been held competent. Nor can any danger be apprehended to the innocent from this practice, fo long as the jury are allowed to exercife their difcretion as to the credibility of witneffes, and may compare their teftimony with that of others, or with circumftances attending almost every

THE special commiffion of oyer and terminer and gaol delivery, in and for the county of Surry,' for the trial of the rioters, was opened on the 10th of July, at St. Margaret's Hill, before Lord Chief Justice Loughborough, Sir Henry Gould, Sir James Eyre, and Francis Buller, Efq. After the commiffion was opened, Lord Loughborough delivered his charge to the grand jury, of which the Hon. George Onflow was fore

man.

This charge having been the topic of much converfation, we fhall fubmit it to the judgment of our readers. The opinions of men refpecting the legal propriety of it have been various as a piece of oratory it has been admired; but its tendency to influence and direct the jury, and inflame their paffions against men, who ought all to have been fuppofed innocent till found guilty by their country, has been generally spoken of in terms of indignation, by thofe who are jealous of the rights of humanity.

Gentlemen of the Grand Jury,

IF you are come here totally ftrangers to the tranfactions which have lately paffed in this neighbourhood, or if it were poffible for any of you, who were not witneffes of them, not to have heard of the devastations that have been committed, the remnants of the flames which have been lately blazing in fo many parts of the metropolis, and which must have [S] 3 prefented

prefented themselves to you, in your way to this place, will have fufficiently declared the occafion for which you are called toge ther.

His majesty's paternal care for the welfare of all his fubjects, would not permit him to fuffer offences fo daring and fo enormous to remain longer unexamined, than was legally neceffary to convene a jury to enter upon the enquiry.

The commiffion under which you are affembled extends only to crimes of high treason, or of felony, charged upon perfons now detained in the common gaol of this county, or who fhall be detained therein between the prefent time and the period at which the commiffion will expire. It was not thought proper to blend, the common bufinefs of an affize, and the examination of thofe offences, to the commiffion of which the frailty of human nature is but too liable, with crimes of fo deep a guilt, and fo much above the ordinary pitch of human wickednefs as thofe which will come under your confideration.

The general circumftances under which thofe crimes were committed, are of too great and fhameful notoriety, to require a minute defcription; but for your information, Gentlemen, whofe duty it will be to confider the nature and quality of the charges imputed to fuch offenders as will be brought before you, it will be neceffary to confider the feveral parts of thofe charges, and to obferve the connection of those parts with the whole, always applying the circumftances to the

particular cafe under confideration.

I therefore think it an effential part of my duty to lay before you, in one general view, a fhort account of thofe dangers from which this kingdom has been lately_delivered. I use this expreffion, because it will clearly appear that the mischief devifed was not the deftruction of the lives or fortunes of individuals, or of any defcription of men-no partial evil-but that the blow, which it has pleafed Providence to avert, was aimed at the credit, the government, and the very being and conftitution of this ftate.

The first remarkable circumftance to be attended to, and which naturally demands our notice earlieft of any, is a vaft concourfe of perfons affembled in St. George's Fields on the 2d of June, called together by a public advertisement, (figned in the name of a perfon calling himself the Prefident of an Affociation) not only inviting many thoufands to attend, but appointing their enfign of diftinction, and prefcribing the order and distribution of their march in different columns to the place of their deftination. Charity induces one to believe, that in fuch a number, there were many went unwarily, and unconscious of any evil intended; but credulity in the extreme can fcarcely induce any man to doubt, that fome there were who forefaw, who intended, and who had prac tifed to accomplish the purposes which enfued.

A very fhort time disclosed that one of the purpofes which this multitude was collected to ef.

fectuate,