Friday morning a press-gang having information that several sailors weresecreted in a house in Orchard-street, Westminster, entered it, and one man,secreted in a house in Orchard-street, Westminster, entered it, and one man,
On Saturday evening a pretended press-gang consisting of five menstopped a man in Long-lane as he was going home with his wages,
and under pretence of impressing him for the King's service, were
hauling him away; the man, however, upon producing half a guinea,
was permitted to go away. He having watched the party into a public
house, went to Horsleydown, and brought a real gang with the proper
officer, who surprised the sharpers regaling on their booty, every one
of whom were carried on board the tender at the Tower.William Whiteway was indicted for feloniously and maliciously shooting
A pistol, loaded with powder and shot, at Thomas Philbin, with an intention
to kill and murder him. - The prosecutor, Thomas Philbin, was Captain of
a press-gang, and had committed an assault upon a girl. The prisoner at
the Bar was a constable, and had a warrant to apprehend the prosecutor
for his assault. Philbin and his gang were drinking in the Sun alehouse
at St.Catherine's. The prisoner at the Bar came there along with the girl
who had been assaulted. The prosecutor said that Whiteway told him he
must go along with him. The prosecutor said he would not go. He desired
them to clear the way, and actually shot at the prosecutor, and wounded
him terribly in the head. His hat was produced, and was all torn by the shot
that had passed through it. On cross-examination, the Captain of the press
gang was not quite confident in his evidence. Philbin said he had a stick
in his hand, but did not know if all the rest had.
The next evidence was one of the press-gang who said, the young woman
who had been assaulted came in, and pointing at Philbin, said to Whiteway
there is your prisoner. Robert Dawson came in, who was an officer belonging
to the same office as Whiteway; and William Pcket, who was one of the press
gang, asked Dawson if he would take his word for Philbin's appearance
tomorrow. He answered that he would do that very willingly. Picet went to
Whitway, and told him. Dawson had taken his word for Philbin's appearance.
Whiteway said he would take nobody's word. On cross examination he said
none of the press-gang opposed Whiteway, nor attempted to oppose him.
At first he said he had related all the conversation that had passed; but after
-ward he recollected that when Whiteway came in he said to Captain Philbin,
Young man you must go along with me. He answered, he would not.
Whiteway said he should go. The Captain replied , he would not go with any
bloody b____r of a runner. This was just before Whiteway fired. There were
seven or eight of the press-gang together when the prisoner came to execute
his warrant.
(Remainder summarised for brevity)
William Picket gave evidence which was much the same as the last witness.
Then the publican gave evidence, which was again similar but added the fact
that Philbin was holding a bludgeon in a threatening manner when he refused
to go with Whiteway. He did not strike Whiteway, however. He said he had
already warned Philbin in the afternoon that there was a warrant out for him
and had told him to go away. Philbin had said that he would not be taken and
he would go and get his gang. He gave Whiteway an excellent character. He
also said that the others of the gang also had bludgeons.
Dawson's evidence was similar.
Mr.Justice Heath, summing up, said that Whiteway was acting under a
warrant from a Justice of the Peace, and that it was his duty to execute
it. He said that the manner in which Philbin had held the bludgeon and his
reply to Whiteway when he tried to arrest him amounted to an assault by
Philbin. If Philbin had died as a result of the shot Whiteway would not have
been guilty of murder but of manslaughter.
Verdict of the Jury - Not guilty.
in endeavouring to escape from the top of the house, fell into the yard upon
in endeavouring to escape from the top of the house, fell into the yard upon
the top of a pump, and was killed on the spot.
the top of a pump, and was killed on the spot.
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