have brought them and myself to disgrace, they have been so kind as to forgive me, and would have saved my life had it been in their power. draws very near; though as to my part, I am as hearty as ever I was in my life. Mr. Berwick replied, As to my part, I think we all look pretty well, and I declare death don't shock me in the least. I hope God will be merciful to us all; for I can lay my hand on my heart, and say, the greatest injury I ever The other prisoner Battragh received his did was to myself and relations; and though I | majesty's most gracious reprieve. 510. The Trial of THOMAS THEODORUS DEACON, for High Treason, at the Court-house, St. Margaret's-hill, Southwark, July 17: THE Court being sat, the following judges King's Counsel. Call Mr. Samuel Maddox; who appeared and was sworn. King's Counsel. Mr. Maddox, give an account to the Court and jury what you know of the prisoner that stands by you. Maddor. I saw him at the Bull Head at Manchester, where he sat at a table, writing down the names of such as enlisted in the Pretender's service; for which he was paid for every name enlisted, one shilling. There were several blue and white ribbands lying before him, which, when he was not writing, he nade up into favours, and gave them to the men enlisted. I saw him march from Manchester to Winslow as an officer, wearing a plaid waistcoat, with laced loops, a broad sword by his side, a brace of pistols stuck in his girdle, and a cockade in his hat. When he beat up for volunteers at several places, he made a very long speech, inviting all gentlemen volunteers to come and serve Charles, Prince Regent, and they should have good quarters, be well used by the officers and enter into present pay, and when they came to London, they should receive five guineas to bear their expences home, if they thought proper to leave the service, and should receive thanks, and have a protection. At Winslow he was ordered by the Pretender to march to Derby as a guide, with ammunition, &c. that had been seized; and at Leake he went with Thomas Syddall and James Bradshaw to raise recruits, and joined the rebel army again at Manchester. That at Preston he commanded his company, and gave directions to the officers under him, who obeyed him; and that at Carlisle he mounted guard in the town hall during the siege. advertisement; both which were delivered into court and read. The advertisement, or hand bills, were distributed by the rebels, offering all fitting encouragement to such as would enlist with them; and that he the said Deacon was in a great hurry, and came several times to the printing-office, and threatened Mr. Bradbury, if he did not get the papers ready, he should be severely punished; and that he the said Deacon brought with him, when he came for the said papers, a great number of horse belonging to the rebel army, who threatened to pull down the house. Thomas Craig, another witness, swore, That he saw the prisoner mount guard at Manchester, Preston, and Carlisle; that he was lieutenant colonel, and promoted for his great diligence in raising recruits. Captain Nevet swore, that the prisoner said, his name was Thomas Deacon, and that he was a captain in the Manchester regiment.-Capt. Carey confirmed capt. Nevet's testimony. The prisoner had no witnesses to produce, so the jury found him guilty of the indictment, Death. MR. DEACON'S CASE, July 17, 1746. "In Mr. Deacon's Case, his counsel objected to the receiving the evidence of a printer touching the prisoner's obliging him to print the Pretender's Manifesto at Manchester, and his publishing of it there, while the rebel army was in the town; and also to the reading the Manifesto. They insisted that this ought not to be given in evidence, because it is an overt act not laid in the indictment; and also because the orders were given and the Manifesto printed and published in Manchester, and all the overt acts are laid in Cumberland.* "But it was answered by the Court (lord chief justice Willes, justice Abney, and justice Foster), that an overt act not laid may be given in evidence, if it be a direct proof of any of the overt acts that are laid. Thomas Bradbury, another witness, swore, That the prisoner was a captain in the rebel army, and was dressed as above. That he, the witness, being a servant to a printer at Manchester, the prisoner, with other rebels, came to him, in the absence of his master, See Leach's Hawkins's Pleas of the and compelled him to print a treasonable paper, Crown, book 2, c. 46, § 184. East's Pleas of which they called a Manifesto, and likewise an the Crown, c. 2, § 57, 61, 65. * "One of the overt acts charged in this indictment is the assembling and marching modo guerino, in order to depose the king, and to set the Pretender on the throne. It is proved that the prisoner with the rest of the rebel army was at Manchester, and appeared in an hostile manner there. Now what stronger proof can there be that the prisoner joined this army for the purpose mentioned in the indictment, than his causing to be printed and dispersed among the people the Pretender's Manifesto? It never was doubted that the being present with rebels and joining in proclaiming the Pretender, might be given in evidence on such an indictment as this; and yet that circumstance was never expressly laid in any indictment. But it is sufficient that it proves quo animo the rebel army was raised, and quo animo the prisoner joined it. "As to the objection that this fact was not committed in Cumberland where all the overt acts are laid, Mr. justice Abney and Mr. justice Foster held, that it is indeed necessary on this indictment that soine overt act laid be proved on the prisoner in Cumberland; but that being done, acts of treason tending to prove the overt acts laid* though done in a foreign county, may be given in evidence.† "And the Manifesto was read. "Lord Chief Justice Willes declined giving any opinion on the second point. But no objection was made during the whole course of * This expression seems to be preferable to the former, viz. " if it be a direct proof of any of the overt acts that are laid." That the prisoner at Manchester in Lancashire caused to be printed and dispersed among the people the Pretender's Manifesto, cannot, I think, without some violence to language, be denominated a direct proof that the prisoner and others being armed and arrayed, &c. did falsely and traitorously assemble, and join themselves, &c. in Cumberland (see the indictment in Townley's Case, p. 332, of this velume) though it certainly tended to prove that overt act in as much as when the arming arraying and assembling had been established by other evidence, the prisoner's causing to be printed, &c. was a direct proof of his purpose. † See the fourth Resolution in sir Henry Vane's Case, and the note thereto, ante, vol. 6, p. 123. the trials to the giving evidence of overt acts in a county different from that where the fact was laid, an overt act having been first proved in the proper county. And that sort of evidence was given in almost all the trials."* This unfortunate young man, who was about 22 years of age, was the son of Dr. Deacon of Manchester, who gave him a liberal education, and designed to have brought him up to his own profession; but he was unhappily prejudiced in favour of the Pretender against the present royal family, by the company he frequently conversed with; and by their persuasion, took on in the rebel army as soon as it came into Manchester, and he had often declared before the rebels came to the town, that he would join them as soon as they did; and was one of the most strenuous zealots for the cause amongst them. It was very unfortunate for his family his taking a commission in the Pretender's service, for by his example his two other brothers did the same, one of whom died in the Pretender's service, and Charles the younger was condemned, but reprieved on account of his youth. His great activity in the service made him so far taken notice of by the young Pretender, that he was made lieutenant-colonel of the regiment, and was to have been colonel of the same, as soon as colonel Townley had raised his new regiment of horse. His taking leave of his brother, Charles Deacon, in the county gaol, was very moving; his brother declaring he had rather have suffered with him, than to survive him; and that was the only time any particular alteration could be discerned in him, and then he was in great agonies, and wept. He was executed with Townley and the rest, on Kennington-common, on Wednesday the 30th of July 1746, in the same manner as Townley. His body was delivered to his friends to be buried, and his head was preserved in spirits, and sent down to Carlisle, or Manchester, to be put on one of the gates. * The like evidence was given in most of the trials after the rebellion of 1715, and admitted by the judges upon the commission in the north this summer. Former Edition. See the Cases of Layer, vol. 16, p. 94, and sir Wm. Perkins, vol. 13, p. 63, of this Collection. 511. The Trial of JOHN BERWICK,* for High Treason, at St. Margaret's-hill, Southwark, July 17: 20 GEORGE II. A. D. 1746. JOHN BERWICK was then brought to the bar, and being arraigned on the same indictment with the other Manchester officers, the jury were sworn to try him. The treason, and * See East's Pleas of the Crown, c. 2. s. 66. overt-acts of treason, were laid to be committed on the 10th of November. The first witness for the king that was called and sworn, was Samuel Maddox; and he deposed, That he had often seen the prisoner, par ticularly at Manchester, and other places, and that he always appeared as an officer, and gave liis command; that he saw him at Carlisle; and that he was there when the town surrendered. -Mr. Bowker, the Manchester constable, said, That he saw him in the town, and he appeared in the same garb as the other officers belonging to the regiment which they called the Manchester regiment. all cases The Counsel for the Prisoner insisted, that the charge was not proved, for that in of high-treason, there must be two positive witnesses to prove the fact, and, as they apprehended, that was not done sufficiently by the two witnesses that had been examined; on which the king's counsel called capt. Nevet and capt. Carey, who both appearing, and being sworn, deposed, That when they went into Carlisle by the duke's order, to take an account of what rank all the officers were, the prisoner gave in his name to them as a lieutenant in the Manchester regiment. The Prisoner calling no witnesses, the jury found him Guilty. JOHN BERWICK'S CASE, July 17, 1746. " In the case of John Berwick, there was only one witness that proved him to have been in arms with the rebels. This witness proved that he was inrolled and reviewed as a lieutenant in the regiment called the Manchester regiment, and did duty as such at Penrith and Carliste. "Two other witnesses (officers in the duke's army) swore, that after the surrender of Carlisle, they were ordered by the duke to take an account of the names of the officers and of their respective ranks in the rebel garrison; that accordingly they went to the prison where the officers were confined apart from the common men, and took such account of them ; that the prisoner Berwick appeared among the officers, and gave in his name to them as lieutenant in the Manchester regiment. "Lord Chief Justice Willes and Mr. Justice Abney were of opinion, that this declaration of the prisoner is not to be considered as a bare confession after the fact, but as an evidence of the fact itself, viz. That the prisoner did appear and take the rank of a lieutenant in the rebel garrison. They thought too, that a confession after the fact proved by two witnesses, sufficient to convict within the 7 W. 8. was "Mr. Justice Foster doubted whether this declaration, being made after the surrender, can be considered in any other light than as a confession after the fact. And with regard to a * Upon further consideration I doubt there was too much refinement in this distinction. See Foster, 1 Disc. c. 3, s. 8, p. 232. confession after the fact, he said he never doubted whether it might be given in evidence as a corroborating proof. His doubt was, whether it being proved by two witnesses is a conclusive evidence, or an evidence sufficient of itself to convict without other proof, since the 7 W. 3, seems to require two witnesses to overt-acts, or a confession in open court.* And he says further, p. 243, " I would not in any thing I have said, be understood to arraign the ceeding in the case of Berwick, before-mentioned; he was found in a prison assigned by the duke (of Cumberland), after the surrender, to the officers in the rebel garrison, and to none but officers, whither he went with the rest of them. He appeared among them, and took the rank of an officer. These facts, together with his declaration, all proved by two witnesses, were, I think, properly considered by two learned judges, not as a bare confession after the fact, but as an evidence upon the spot, and in the very scene of action." See more relating to confessions in Foster's Reports, p.241, 242, 243, 244. East's Pleas of the Crown, c. 2. s. 66. Berwick was convicted upon the evidence of the officers and of the other witness. This prisoner was about 32 years of age, and was a housekeeper in Manchester, and a considerable dealer in chequed linnen, where he kept a shop, and had a good trade; but not being so diligent as young tradesmen should be, and loving his pleasure too well, it is thought he was running behind-hand in the world; and that not being able to settle his accounts with his creditors, was the principal reason that induced him to take on with the rebels. The commission he bore was a lieutenancy in the Manchester regiment, given him by the Pretender; to whom he had been well recom mended as a man of undaunted courage and resolution, firm to his party, staunch in his principles, and of a bold, enterprizing disposition, of which he discovered manifest tokens on every opportunity that offered. He was executed also on Kennington-Common, with Townley and the rest, according to the sentence, on Wednesday the 30th of July, 1746, and his head was put into spirits, and sent to Manchester or Carlisle, to be put up in one of those places; his body being delivered to his friends to be buried. • The like evidence was held sufficient upon the commission in the north this summer; upon the authority of the judges opinions previous to the Trials of Gregg and Francia. [Vol. 14, p. 1371, vol. 15, p. 898.] See Foster's discourse on high-treason, chap. 3, s. 8. 512. The Trial of DAVID MORGAN, of Monmouth, but late of Derby, esq. for High-Treason, at St. Margaret's-hill, Southwark, July 18:20 GEORGE II. A. D. 1746. Tew. He said, not above half a dozen; but the number soon increased when the clans heard he was landed; and also that they had 17 pieces of cannon: King's Counsel. And what further discourse passed between them? Tew. The prisoner asked lord Elcho what religion the Pretender professed P King's Counsel. And what was the reply? Tew. My tord Elcho shook his head, and said he could not very well tell; but he believed his religion was to seek. King's Counsel. And what passed then? King's Counsel. Did you see the young Pretender? Tew. He marched at the head of the regiment, and did not lodge (as I have heard) but two or three doors from the house where the prisoner at the bar lodged. King's Counsel. What number of people do you think the young Pretender's army consisted of? Tew. The talk in town was, that they were 6,000 strong: there was a great many, but as to the number I cannot be positive. King's Counsel. Do you imagine he was forced into the rebels' service? Tew. He was underno force that I saw, for he appeared all along to be one of the heads of them, and all of them seemed to have a great regard to what he proposed, particularly about the proposal he made for beating up for volunteers. King's Counsel. Will you ask this witness any questions? Prisoner to Tew. I desire, Sir, that you would give the Court an account how you came to know that my name is Morgan. Tew. I cannot say now that your name is Morgan, but I am very positive to your person. I know your face very well, and if I was not well assured that you are the very same man, I would not swear it. King's Counsel. Was the young Pretender at that house? Tew. I do not know; but they said that he lodged a few doors farther. John Barry sworn. King's Counsel. John Barry, I desire you would inform the Court and jury what you know relating to Mr. Morgan, the prisoner at the bar. Barry. I came out of Monmouthshire with my master and the prisoner at the bar, in the month of November last, and at the town of Preston we joined the rebel army. About s mile on this side of Preston, my master and the prisoner left their horses, and walked to Preston on foot, to avoid any suspicion of what their King's Counsel. And what part did the pri soner at the bar act; and how did he behave during the time you were with the rebel army? Barry. I saw him ride with the rebel army, from Preston to Manchester, and he was very active in encouraging the rebel officers and soldiers. After that I saw the prisoner at Ashborn, and he said there that he would not leave the army as long as he lived. I cannot say that he bore any commission as an officer: if he did, it is more than I know. Tew. The prisoner asked if they had ever beat up for volunteers in England, and lord Elcho said they had not; and the prisoner advised him to beat up for volunteers, and said it would be an easy matter to march forwards for London, for that there was not above 3,000 soldiers between there and London, and most of them were dragoons, besides a few undisciplined troops that were raised by lord Gower and lord | design was. Benjamin Bowker called and sworn. King's Counsel. Mr. Bowker, acquaint my lord and the gentlemen of the jury, what you know of Mr. Morgan the prisoner. Bowker. Upon the 29th of last November, I had this paper delivered to me (holding a paper in his hand, and looking at it). It is a paper ordering me to search for arms. King's Counsel. What are you, Sir? Bowker. I am a deputy-constable of Manchester: King's Counsel. Who gave you that paper? Bowker. The prisoner at the bar and Mr. Wallis, who was one of the head-constables. King's Counsel. Then the prisoner was with Mr. Wallis, when you had that paper delivered to you? - Bowker. Yes, he was. King's Counsel. What were the contents of the paper ? Bowker. It was a warrant signed by Murray the Pretender's secretary, to search for all the d; and if any body refused to arms I could find; deliver up and surrender their arms, they were to suffer military execution against their goods and effects. [Then this Paper was delivered by Mr. Bowker to the Clerk of the Arraigns, and was read in court; but it is so very treasonable, that it is improper to insert it. The preamble called the Pretender's son Regent of England, Scotland, and Ireland, and required all whom it may concern, to pay due obedience to that order.] King's Counsel. What, did you get any arms of the town's people of Manchester ? Bowker. I did, and carried them to the prisoner's lodgings, and left them there, though I did not see him, but I asked for esquire Morgan; and one of the servants belonging to the house told me he would be there presently. King's Counsel. Do you know any thing farther ? Bowker. I do not: I have spoken all that I can recollect. King's Counsel. Call Samuel Maddox next, and swear him. Samuel Maddox sworn. King's Counsel. Mr. Maddox, inform the Court where you first saw the prisoner at the bar. Maddox. I saw Mr. Morgan, the prisoner at the bar, at Manchester, when he was joined with the rebel army; he had a white cockade in his hat, and a sword by his side, and pub King's Counsel. Did he march away from Maddox. He marched with them to Derby; King's Counsel. Did he go with that party? Maddor. Not to my knowledge. I saw captain James Dawson* deliver him a pair of pistols. King's Counsel. Whilst the rebels were at Manchester, was not there some talk of the * Dawson was the day before convicted of high-treason, being one of the rebel captains. Former Edition. In the "Complete History of the Trials of "the Rebel Lords in Westminster-hall, and "the Rebel Officers and others concerned in "the Rebellion in the year 1745, at St. Mar"garet's-hill, Southwark, and at Carlisle and " York; with the Lives, Behaviours, and dying "Speeches, of those executed pursuant to their " sentences," is given the following article: "THE TRIAL AND DYING SPEECH OF JAMES DAWSON, "James Dawson was indicted for hightreason, in levying war against the king, and adhering to his majesty's enemies, &c. And the indictment charged the prisoner with committing the treason on the 10th of November. " King's Counsel. Call Samuel Maddox; who appeared and was sworn; and deposed, That Mr. Dawson was a captain in the Manchester regiment, and was drawn up as captain at the review before the young Pretender at Macclesfield. That he saw him at Penrith, at Carlisle, and other places along the road, at the head of his company. Mr. Maddox also deposed, That Dawson the prisoner beat up for volunteers at Derby, and made the same speech that Deacon made when he beat up for volunteers for the young Pretender, and pulled his hat off and hallowed. "Thomas Joy deposed, That he saw him at Carlisle, and saw him mount guard there; and said, he walked with the officers; and that he was called captain. "James Warren deposed, That the first time he ever saw Mr. Dawson was at Lancaster; and that he afterwards saw him at Carlisle ; and that he was there when the town surrendered, and always appeared as a captain. "Then captain Nevet, and captain Carey proved, That he was at Carlisle when the town surrendered, and acknowledged himself an offices in the Manchester regiment in the service of the Pretender. "HIS DEFENCE. "Prisoner. I had a promise of mercy from his royal highness the duke of Cumberland, 1 |