1813. 31 July. cannot name any. I am a Stranger in the Country. I have been in the Country two years last Xmas. I have been all the time since at Sea. There was a person of the name of Murray there Proceedings with me. I was not acquainted with Holness or Brown, Not to at trial of say thoroughly acquainted. I might know them by sight. The Witness is allowed to withdraw. PATRICK MCMAHON, Sworn and examined for the Prisoners, says, I am Clerk to the Provost Marshal; I know Joseph Murray; I had some Conversation with him the day the Inquest was taken. Murray told me that he was present with Delany at the place where this business took place. I should not have asked him had I not been told the same by Quin and Casey. He told me that he was present with Delany at the time of this transaction. never had any Conversation with Brown relative to this matter. The Witness is allowed to withdraw. I JOSEPH MURRAY, sworn and examined on behalf of the Prisoners says. I was in Company with Delany on the Evening of the 30th of June when this Affray happened in Pitt Street. I walked out that Evening; it was about Seven o'Clock at Night as I was Coming from my own house towards Holness's door, I met two Gentlemen. I did not know them at the time. I saw a Girl of the name of Winch discoursing with Brown the Painter; they were walking along hand in hand together towards John Holmes's; one of the Gentlemen went to Speak with the Girl. Brown got Contrary and Cross. He shews the Girl into Holness's house and gave some unmannerly answers to one of the Gentlemen that began the dispute. Brown went in and Slap'd the door in his face, the Gentleman made answer if he had the puppy out he would Cane him with the Cane he had in his hand. He made a push or two at the door thinking to open it, but it was fast and he could not. He went then about a rod or a rod and a half from the door. Holness was in the house with Michael Byrne at the same time the dispute was; after one of the Gentlemen Came from the door, Holness Came from the door, Holness Came down out of Byrne's House to his own house; Not knowing of the dispute at the same time, he rapped at the door and he found it shut, the people inside opened it and he went in; one of the Gentlemen returned back to the door when he saw it opened; Holness Came to the door and told him to go about his business, he would give him fg enough if he did not go about his business. Mr. Connor then drew a Stroke with his Cane at Holness, but he was inside the door, and the Stroke did not Catch him; when Holness saw this, he returned in and got a Stick, Came out, and both he and Mr. Connor fought at one another; they fought from Mr. Holness's door, out to the middle of the road. In the fighting the Stick was broke or knocked out of Mr. Connor's hand, I cannot tell which. Mr. Connor then Closed in upon Holness, and Holness got Mr. Connor on the ground, and some strokes took place while they were down. Mr. McNaughton never returned until then; when he saw Mr. Connor down, he Came back, he struck Holness then to the best of my opinion. I am not sure. Mr. Connor ran away then; he went a small way off, but as he did not see Mr. McNaughton Coming from the gathering he Came back and tore some of the paling from Holmes's fence, but I did not see him using it. I then lifted up Mr. McNaughton's hat and gave it to one of the Soldiers. I saw lieutenants McNaughton and Connor. 1813. 31 July. Proceedings at trial of lieutenants McNaughton and Connor. no more, only I heard a little while after that the Man was dead. I helped to bring Mr. McNaughton off, when I saw him in liquor. I saw Brown the Painter then at the latter end of the fight; he had a Stick at the latter end; he Came out when Holness and they were fighting to assist him. Brown was out before Holness died. In the morning early I told this Story to Mr. Casey. I told Casey that Delany was along with me. I was down at the Coroner's Inquest the whole time, but I was not Called upon and I did not like to busy myself to go in it. Questioned by the Court, says, I live in Pitt Street; I am acquainted with Brown, but have no particular acquaintance with him; I know him by sight very well; I cannot be sure that I saw Brown Strike Mr. McNaughton; I did not see Brown Strike Mr. Connor, I saw nothing but Mr. McNaughton's hat knocked off. I was acquainted with the deceased William Holness. I knew him these few Years back. I did not see Holness knock Mr. McNaughton. I did not take notice of Mr. Holness on Mr. McNaughton being knocked down either. Delaney and myself walked out of my house together, after we had our Supper. One Felix Owen supped with us. The Witness is allowed to withdraw. THOMAS BROWN, Sworn and examined for the Prisoners, says, I am a Private in the 73rd Regt.; I was in Pitt Street on the Evening of the 30th of June last. I was at part of an affray that happened near Holness's house that Evening. I happened to be going out with my Comrade William Baw; John Pritchard was also with me; we were all going together, going round the Corner of Pitt Street, by Mich'l Byrne's. I heard a riot, I said to my Comrade look at this, I perceive a Man at a piece of distance give a blow, says I to my Comrade there's Somebody got it now. Coming nearer hand, I see two more blows given, and directly I went up, looking Mr. McNaughton in the face, knowing it to be him, I collars this Brown the Painter; I saw it was Brown the Painter with his stick in full swing. Holness was not dead at this time. I then Collared Brown, and said you rascal how durst you take upon you to Strike an Officer; 1 directly took the Stick out of his hand; he did not make any resistance but gave me the Stick and went away into his house; in the mean time of that, Mr. McNaughton and the deceased were in one another's arms, in a few moments they both tumbled down together. Mr. McNaughton then rose from him and looked all round him and asked where his hat was. I told him the D'r of the Fortune had got it. There was a report at the same time that he had answered if you will go and get me my hat I will go home, this is pretty usage for Gentlemen to be so treated by such Scoundrels. Pritchard then went to look for the hat into the house of the deceased. Pritchard fetched the hat to me, I gave it to Mr. McNaughton and asked him to go home; he said he should go home and he bade me good Night; at the same time the deceased was lying at my foot, and the Woman belonging to him at his head. She desired me to help her in with him, but thinking he was against one of my own Officers, I says directly no, I won't; she called out for assistance: when two or three men whom I do not know Came and helped her into the house with him, I stood at the door and heard a loud Cry that the man was dead. I went in to see and could not believe he was dead. for I saw him get no violence except it was from those blows, 1813. 31 July. I saw Brown Strike but I could not tell at whom; I came out of the house and went away with my Comrades. Mr. McNaughton had no Weapon whatsoever, I took the Stick which I got from Brown Proceedings bome with me and I gave it to one Brice, a Constable, this morning at trial of about Eleven o'Clock I shall know it if I see it. Questioned by the Court says, I do not know one James Delany. I do not know Joseph Murray. JOHN PRITCHARD, sworn and examined for the Prisoners, says, Questioned by the Court says, I Can't say that ever I knew Brown the Painter in particular before the Night. I have seen James Delany today; I do not lieutenants McNaughton and Connor. 1813. 31 July. Proceedings at trial of lieutenants McNaughton and Connor. recollect seeing him then that night. I do not know Joseph Murray; a considerable Mob of Men and Women got round Mr. Connor, I Cannot name any of them; I am a Stranger here, I did not see Holness knock down Mr. Connor. I did not see Holness knock down Mr. McNaughton. I believe Mr. McNaughton would have got a very Severe blow from Holness had he not held his arms Somehow or another wrestling, and in the mean while up Come Brown the Painter and gave them these blows; I did not see the Woman with any Weapon; Brown, striking in the way he did, might have Struck Holness in the Scuffle. The Witness is allowed to withdraw. A Stick is now produced and shewn to the Witnesses, Thomas Brown and John Pritchard, who both Swear it to be the very Stick taken by the former from Brown the Painter. The Witness Brown says he did not put any particular mark on the Stick, but he took particular Notice of it and knows it from being black at the end. WILLIAM BAW, Sworn and examined for the Prisoners says, I am a private Soldier in the 73rd Regt. I was in Company with Pritchard and Thomas Brown on the evening of the 30th of June; As we were Coming round Mich'l Byrne's I perceived a Crowd near his house, nigh Joseph Inches; We went forward to see what it was; when we went forward we Seed Mr. McNaughton and the deceased Scuffling with one another, and, as they were Scuffling there, a Man of the Name of Brown Came and Struck at Mr. McNaughton with a Stick, which of the two he Struck I Could not say; Pritchard said to Thomas Brown the Soldier who is that? He said it was Brown the Painter striking one of the Officers; so he went and took the Stick from him, and said to him, how durst he Strike an Officer with a Stick. Mr. McNaughton and the deceased both dropped together; afterwards Mr. McNaughton got up and Seemed to be much Stupified and he wanted his hat and asked for his hat; he said he would go away if we would give him his hat; Answer was made that the Doctor of the Fortune had it; afterwards a Soldier went for his hat and gave it to him, and he went away. The Woman Called out that the Man was dead and Called out for help to get him in. The Man was taken in and we went away, and I know no more of it. Mr. McNaughton had not a Stick in his hand but Holness had a Stick when he went up with them. Questioned by the Court says, It was dark I never knew Brown the Painter before that night. I did not see MR. JOHN BALLARD Sworn and Examined for the Prisoners, Says, I am Master of His Majesty's Ship Samarang. On the evening of the 30th June last I went into Holness's House after the death of William Holness. The Witness is asked whether he heard any persons making use of any invectives against the 73rd Regt. The Judge Advocate objects to the question in its present general shape. Some Conversation ensued the result of which was that the Witness was withdrawn. WILLIAM MACINTOSH, Sworn and examined on the part of the Prisoners, says, 1813. 31 July. and Connor. I am a Private in the 73rd Regt. I was in Pitt Street on the Proceedings evening of the 30th of June last. I was Coming down from the at trial of Tanks towards Pitt Street, and when I was at Mich'l Byrne's I saw lieutenants a Crowd a little further down Pitt Street; I made towards the McNaughton Crowd as fast as I could; when I got there I stood upon the middle of the Street by myself. There was no Person with me. I saw a Scuffle but not knowing who the parties were, I did not interfere for some time, until Josh. Murray told me that that was Some of Our Officers. I then went a little nearer and Saw two or three inen about Mr. Connor. I could not know them it being dark; I at that time saw Mr. Connor fall and them a'top of them, he was trying to get up and they were keeping him down, and they rolled into a little drain at Mr. Holness's pavement. Mr. Connor got up then and ran down as far as Mr. Meurant's, when he got that length he stopped and he took hold on a paling; he drew it off; I then went up to him and told him that I was a Soldier and belonged to his own Company and to Come along with me from that place entirely; he told me that if I was a Soldier he would thank me to see him home, that his life was in danger, he had been ill used by different people. I requested him to throw away the paling and he left it there. We went to go home and went down Street a little, he asked me if I had seen Mr. McNaughton, I told him I did not know that he was there; he then desired me to go back and look for him, that he owed his life to him, and he could not go away and leave him. I went back and met Mr. McNaughton Coming down the Street bare headed. I told him Mr. Connor was waiting for him, he desired me to go and look for his hat which I did. I went and called publicly for Mr. McNaughton's hat, and had it given me by a Soldier; but I do not know who it was as it was dark, when I Came back I found Mr. Connor, Mr. McNaughton and Green a Soldier standing in the middle of the Street. We all four went home to their lodgings in Mr. Clarkson's house, Mr. McNaughton then Complained of his head and desired me to feel it. I felt two distinct lumps in the back part of his head as if given by two distinct blows, something wet was oozing out of them which I conceived to be blood. I did not see Mr. McNaughton engaged at all in any part of the business neither did I see Mr. Connor Strike any one; that is all I have got to say, I did not see any blows struck by any one. The Witness is allowed to withdraw. MR. GEORGE MARTIN, Assistant Surgeon of the 73rd Regt., again Called Says, I saw Mr. Connor on the evening of this business after it was over; he complained of being very much hurt and took off his Coat and exposed his arm; it appeared very much bruised, I think it was the left, I cannot positively say. I made no further examination: he Complained of his whole body. I did not examine Mr. McNaughton, but I could plainly distinguish an oozing of blood from one of his ears quite recent. Mr. Connor said he would strip himself but I did not examine any more than his arm. John Brown the Painter Came out in the Same Ship with me; he was one of the worst Characters on board that Ship; I have a great deal of doubt of his being a fit Man to be believed on his oath, I would not say positively. The Witness is allowed to withdraw. |