1813.

31 July.

knocking hard or not. The deceased Came up and Said "Gentlemen what do you want?" The Prisoners made use of indecent expressions Concerning the Women. Mr. Holness says, "Gentlemen Proceedings go about your business for there's nobody wishes to offend you at trial of here." Two or three words then passed between Mr. Holness and lieutenants the Prisoner, Mr. McNaughton. Mr. Holness received a blow with and Connor. McNaughton a Stick across his back and the Stick broke. The deceased received this blow from the Prisoner, Mr. McNaughton. Mr. Holness's Door opened. I cannot positively say if a Stick was given him or not. To the best of my opinion I think it was a Switch he had in his hand: To the best of my opinion it was a Stick. Mr. Holness then with that bit of Stick in his hand ran into the road; he then received another blow with a Stick or a paling from Mr. McNaughton somewhere about his loins. I cannot tell whether the deceased struck Mr. McNaughton again or not; the deceased then stood against Mr. Meurant's paling; he then received a blow from the other Prisoner on the back of the neck with a Stick or paling which killed him; he fell on the ground. I went to lift up his arms, and I felt his arms drop in a Minute. The deceased lay upon the ground about a Minute and a half when his Wife Came out. She never Came out until after the Man was dead. When she Came out she lifts up her Husband's head and says, "Oh! my God! my Husband is killed." One Brown the Painter then ran out from her House. As the deceased lay on the Ground, there was a Soldier Came out from a House facing Holness's; he lay dead on the Ground: Mrs. Holness held his Head up. The Prisoner Mr. McNaughton was going to strike him again. I says to him, “Gentlemen it is no use hitting the Man for the Man is dead." I picked up one of the Gentleman's Hats, and I gave it to a Soldier, one Green. A bit of a row then took place with one Holmes. I am sure Mrs. Holness did not Come out of her house until after the Husband was dead; the door was shut: there were not three Persons there. The Door was opened and Shut again immediately about a quarter of a Minute before Holness lay dead, And nobody Came out till he had been dead about a Minute. The Prisoners were very much intoxicated in liquor, and they did not appear to know what they were about, I did not see Mr. Connor Strike the deceased more than once. I cannot positively Say whether I saw any one else Strike the Prisoners.

The Prisoners do not ask this Witness any Questions.

By the Court says, I saw Mr. Holness run from his door to the place where he fell. I cannot positively say whether he was following the Prisoners. I cannot say whether he went towards the Prisoners or not. Holness received a blow and the Stick broke before ever he got a Stick. The Stick was given out of Holness's House, I cannot say by whom. I cannot take upon Myself to Say whether the deceased held up the Stick to defend himself. When the deceased received the blow on the back of his neck, he fell with his head about a yard from the paling. It was not much above a yard from his own door where he fell.

The Witness is allowed to withdraw.

ELIZABETH WINCH, Sworn and Examined on behalf of the Prosecution, saith,

I was acquainted with the deceased William Holness. I lodged and boarded in the House of the deceased previous to his death. I was assisting his Wife by working with my Needle. Me and

1813.

31 July. Proceedings at trial of lieutenants McNaughton and Connor.

John Brown, the Painter, were walking up and down the footpath, between 6 and 7 o'Clock on a Wednesday Evening. We walked as far as Mary Donovan's: We had not been there passing two minutes, before Mr. McNaughton and Mr. Connor, the Prisoners at the bar, both Came up. They were in Coloured Cloaths. Mr McNaughton had a Great Coat on. Mr. Connor had a Coatee on. When they Came up I went to go indoors to Mr. Holnesses, they immediately ran after me; Brown then ran between us, and Mr. Connor Struck him with a Stick. Mr. Connor then went up the Street. Mr. McNaughton stopped at Holnesses Door talking with Brown. Holness was in Michl. Byrne's at this time; he went there to Shew him a Curious Fish Skin. While Brown and Mr. McNaughton were talking I Came out of the House to the Door. I told Mr. McNaughton that I knew him, that he was an Officer in disguise. When I said that Brown Said that the Man that Struck him was an insolent Scoundrel, and he would report him to the Colonel in the morning; Mr. McNaughton said that he was no Scoundrel, that he was a Gentleman. Brown said let him be gentle or Simple he would not be offended by him nor no other Person. Mrs. Holness then Came to the Door and told me to Come in; I came in; Brown Came in at the same time too. Brown did not go out again till such time as Mrs. Holness cried out Murder. Mrs. Holness shut the Door, and I saw him go past the Door after knocking at it and look thro' the Window. Brown asked him what he wanted, He answered he wanted that Woman, and that Girl, meaning as I supposed Mrs. Holness and myself, to do so and so to. using a very indecent expression. While he was there Mr. Holness came to the Door with the Skin of a Fish in his hand, he asked Mr. Connor what he wanted there. Mr. Connor made use of the same expression to him as he did to Brown, saying that he wanted his Wife and that Girl. Before Mr. Holness Came up, the Prisoners pushed forcibly against the Door and endeavoured to force it open, and me and Brown and Mrs. Holness were inside at the Door pushing against them. Mr. Holness said it was his House and his Wife, and he had no business there. With that I heard a blow with a Stick. I did not see who gave it. The Door was opened, but Holness did not Come in, he then threw the Fish Skin out of hand into the passage; Mrs. Holness went out when she heard the blow and the Door was opened. The Door was then Shut; me and Brown and a Man of the Name of Williams were left in the house. Mrs. Holness was not left in the house; she went out when Mr. Holness was struck. I heard Mrs. Holness call out Murder and then Brown and I Came out, Mr. Holness was then lying dead. Mrs. Holness had his head on her knee, and Mr. McNaughton was standing near the deceased enquiring for his hat. I know nothing further.

Cross-Examined on behalf of the Prisoners, says,

I am very intimate with Brown, Mrs. Holness was out when the accident happened; when Holness was killed. Me and Brown were then inside. I know Mr. McNaughton by sight. I never spoke to the Gentleman before in my life.

Questioned by the Court, says,

I did not see any

I did not hear Mr. Holness ask for a Stick. Person give the deceased a Stick from the house. I cannot say that the door was locked when the deceased returned from Byrne's.

1813.

31 July.

It was shut and Me and Brown and Mrs. Holness were Standing against it. I cannot say that I heard any great Scuffle, no further than Mr. McNaughton and Mr. Connor were again the Proceedings Door. Mrs. Holness opened the Door for the deceased when he at trial of threw in a fish-skin. I do not know the reason of the deceased lieutenants McNaughton for not coming in; he was then talking to Mr. Connor at the Door. and Connor. Mr. Holness had not been Complaining of a pain in his Side some Days before, not as I heard.

The Witness is allowed to withdraw.

JOHN BROWN, sworn and examined for the Prosecution says,

I live at No. 17 Pitt Street. I am a Painter and Glazier. I was acquainted with the deceased, Wm. Holness, for about two years, He was a remarkably quiet Man. On Wednesday Evening, the 30th of June, betwixt the hours of Six and Seven, I went to the house of the deceased Willm. Holness. From there I went out with Elizabeth Winch in Company. We walked up and down for the Space of about ten minutes on the pavements. We stopped at the house of Mary Donovan at her Door. I saw two Gentlemen apparently Coming from the road towards us. The Girl seeing them advanced towards her home. As she ran, one of the Gentlemen ran after her. The Gentleman that ran after her was Mr. Connor; I did not know his name at the time; I heard Dr. Ross call him by his Name; I then, to endeavour to prevent the Girl from being offended, ran between them, on which I received a blow on the left side of the neck from Mr. Connor; I took no notice of it, but went after the Girl to the Door of the deceased's house. When I got to the door, Mr. Connor Came up. I stood at the door and I asked him what he wanted; on which he said he wanted the Girl, that is the very expression he made use of; he did not make use of any indecent expression at that time. Not knowing who the Gentleman was, I told him to be gone for a Scoundrel; nobody offended him; the Wife of the deceased, William Holness, and the Girl on hearing the words, Called me in; I did not go in at the first Call; Elizabeth Winch then Came to the door and asked me to Come in; Mr. McNaughton was then talking to me; and as soon as she saw him, she said, "Mr. McNaughton I know you, you are an Officer in Disguise"; On hearing her say he was an Officer, I turned to him and said, "Mr. McNaughton I do not address myself to you," Mr. McNaughton Said the words I made use of were not prudent to be spoken to a Gentleman; I told him that if he was a Gentleman, I was a poor working Man, but that I had better manners than him, meaning Mr. Connor. I told him I Certainly should report him to his Colonel in the Morning; for I thought that I had as much liberty to walk about the Streets as any person had at that hour; I then went in with Elizabeth Winch. The Door was Shut and locked in the inside, whether by her or the Wife of the deceased I know not. Mr. Connor still kept knocking at the Door with a Stick; and endeavoured to push it open by shoving at it; He Came to the Window, the Window Shutter was open. I. Elizabeth Winch, and Mrs. Holness kept at the Door to prevent it from being burst open. I wanted to go out, Mrs. Holness and Elizabeth Winch would not let me go. The deceased Came to the Door, he tapped at the Door; and he asked the Gentlemen what they wanted there. He was out at the time. On demanding what they wanted, Mr. Connor said they wanted her out: the deceased made answer she is my Wife: the Door at this time was opened by the Wife of

1813. 31 July. Proceedings at trial of lieutenants McNaughton

and Connor.

the deceased to let them in: Mr. Connor made answer in very abusive words, I will do so and so to them and you too; the deceased replied, "I'll do so to you"; on which the deceased put his hand to the breast of Mr. Connor and pushed him from the Door: this was before any blow was Struck. Mr. Connor then Struck at him with his Stick: it was apparently a thick yellow Stick; whether the blow hit him or not I cannot say; Mr. Connor again struck at him; but the end of the Stick struck the head of the Door, which has marked the Door frame. The Deceased then went out into the Street with them, I saw no more of them then, I remained in the House, Elizabeth Winch remained in the House with; the Wife of the Deceased went out and Shut the Door after her. In the Course of a few minutes, I heard her exclaim he's murdered, he's murdered. I then ran out. Mrs. Holness was then Supporting her husband's head against her knee; close to where the deceased lay, there were Several people on the ground; Mr. McNaughton was a top of the Mob on the Ground, he got up and asked for his hat. There appeared to be about a dozen Soldiers. all of whom appeared to have Sticks. I heard them exclaim what is doing to our Officers? on hearing which I went towards the house of Mr. John Holmes; I saw Mr. Connor pull a paling from the front of Mr. Holmes's house; he struck twice with it indiscriminately, not that I could observe he was pointing at any person in particular; the Wife of the deceased was then Calling for a Surgeon; Dr. Ross, of the Fortune, I believe it was he, was in at Holmes's at the time; Dr. Ross Came and Said he was dead: Mrs. Holness, Joel Josephs and another Man Carried the deceased into his house. We laid him on the bed, I got some Water and Sprinkled his face; he had no Signs of Life whatsoever. I know nothing more. No Stick was handed from Holness's house to the deceased to my knowledge. He never entered the house. It might have been handed to him without my knowledge, for at the hesitation at the moment I might not have perceived it. I did not see the deceased strike at either of the Prisoners with a Stick; I cannot say both the Prisoners had Sticks in their hands when I first saw them; Mr. Connor had. I did not hear the deceased ask for a Stick. He might have asked for one without my hearing it. Cross Examined on behalf of the Prisoners, says,

Sometime previous to his death, I heard the deceased complain of a pain in his left side, not frequently. He was always a hard working Man as far as ever I saw of him and a healthy Man; I had Some Conversation about this matter with Mrs. Holmes yesterday, We were a joking about it, I was Saying I would have her Subpoened; I do not recollect the answer; I did not hear her Say that it was I that beat the deceased, I did not particularly notice the people who was there.

Questioned by the Court says,

I never Struck the deceased in My Life, no further than I might in fun; but not that Night at all. I did not Strike either of the Prisoners. I was not out from the time I went in, until after the murder was done; there was no further 'fray in the Street, when the deceased Came to his Door, than by the two Gentlemen at the door. The deceased did not shove Mr. Connor with any degree of violence, he merely placed his hand to him and told him to be gone. He was not in a violent passion at the time he shoved him: the deceased was not a passionate Man. The

Window Shut was open during the whole time.

I could not see what passed at the Door, by looking out at the Window, only I could hear the knocking of the Sticks at the Door. The Witness is allowed to withdraw.

1813.

31 July.

Proceedings at trial of lieutenants

MARY DONOVAN sworn and examined on behalf of the Prosecution, McNaughton says.

I live in Pitt Street at the next house but one to that of the deceased. I had known the deceased numbers of years, I cannot say to one or two; He was a very quiet Man, he would not affront any one, he would sooner have a blow than he would offer to return it. Betsy Winch was Standing at my Door on the Night he was killed. I think it was of a Friday. Brown the Man as keeps her Company stood at the other side. With that two Officers Came up, two Men Came up; Betsy Winch walked away from My Door; Brown walked between the two persons and Betsy Winch; With that I goes up to Mrs. Holness' Door. Betsy Winch Stood at the Door. Betsy Winch says to Mr. McNaughton your name is Mr. McNaughton tho' you are dressed in disguise. When she said that I walked away to my own Door, and I went in; I Came out very Shortly; I heard a Noise. I goes up towards Mrs. Holness's door. I saw Mr. McNaughton a knocking at the Door, and looked in at the Window. Mr. Connor was in the Street a walking backwards and forwards on the other Side. I Came to my house again. I went again to the Street, and I heard the Man as I live with calling for assistance and there was no one Come. Holness was Standing in the Street at the time; Mr. McNaughton was to his face: Holness had nothing in his hand; I saw Mr. McNaughton strike Holness at the front, whereabouts he hit him, I Cannot tell. Mr. Connor Came up behind him, I saw Mr. Connor strike the deceased a blow, with a Stick or paling I Cannot tell, on the back of his neck; he repeated the blow and the deceased fell and never got up again. I did not See the deceased Strike either of the Prisoners. As soon as he fell I ran to the Watch house: and I said to the Watchmen there's two Men killing Mr. Holness and for God's sake run down; When I Came back Mrs. Holness had got her Husband's head in her hand, I did not see Mrs. Holness out of her house before the deceased fell. I saw the deceased Fall. Mrs. Holness was in doors at that time, and the Door was Shut. She might be in the Street, or She might not, but I did not see her. I was in her House half an hour before, And Mrs. Holness was then making a Shirt, and told me her Husband was gone to Michael Byrne's for some beer. Cross examined on the behalf of the Prisoners, Says. Certainly I should have seen Mrs. Holness had she been near her husband when he fell; Joel Josephs and I live together as Man and Wife; I did not charge him with not having Spoken Correctly before the Coroner's Inquest; I did not tell Joel Josephs that he had spoken more than the truth before the Inquest. I did not tell him I would tell the Judge of it, I did not mention anything of the kind. He never Said to me, what I have Sworn I will Stick to it, and you do the same; he did not tell me if we told two Stories he would pillow us both, and I would not tell a false oath for all the persons in the Country.

Questioned by the Court says,

I did not see Holness make any blows at all at the Prisoners; I did not see a violent scuffle take place between Holness and the Prisoners, or either of them; I cannot tell whether there did or

and Connor.