Brettaugh otherwise Bratter otherwise Bretter, Thomas Chadwick otherwise Chaddock, Thomas Deacon, James Dawson, John Berwick, John Saunderson, Thomas Syddall, Charles Deacon, James Willding otherwise Wheelding, David Morgan, are attainted on verdict of high treason of levying war against our sovereign lord the king within this realm. "Let the several prisoners above-named return to the gaol of the county of Surrey from whence they came and from thence they must be drawn to the place of execution and when they come there they must be severally banged by the neck but not till they be dead for they must be cut down alive then their bowels must be taken out and burnt before their faces then their heads must be severed from their bodies and their bodies severally divided into four quarters and these must be at the king's disposal. "John Hunter is acquitted by verdict of high-treason in levying war against our sovereign lord the king within this realm and must be discharged. "Let execution be done on Wednesday the 30th day of July instant. " W. LEE, M. WRIGHT, JA. REYNOLDS, T. ABNEY, M. FOSTER, E. CLIVE." Of the above seventeen, Abernethey, Gadd, Furnivall, Taylor, Brettaugh, Saunderson, Charles Deacon, and Willding were reprieved, and the other nine executed July 30. The prisoner Townley was executed according to his sentence on Kennington-Common, on Wednesday the 30th of July 1746. After he had hung six minutes, he was cut down, and having life in him, as he lay upon the block to be quartered, the executioner gave him several blows on his breast, which not having the effect designed, he immediately cut his throat; after which he took his head off; then ripped him open, and took out his bowels and heart, and threw them into a fire, which consumed them; then he slashed his four quarters; and put them with the head into a coffin, and they were carried to the new gaol in Southwark, where they were deposited till Saturday August 2, when his head was put on Temple-bar, and his body and limbs suffered to be buried. This unfortunate person was about 38 years of age, born near Wigan in Lancashire, of a very good family. His uncle Mr. Townley, of Townley-hall, in Lancashire, was tried in Southwark, before judge Powis, for being in the rebellion in 1715; and though acquitted by his jury, yet not thought innocent by the public; for many of his men who were tried at other places, for going into the rebellion with him, were convicted and executed. In 1727, he went over to France, and entered himself a volunteer in the French king's service; and in 1728 obtained a commission from the king of France, and continued abroad about 15 years. He was at the siege of Philipsburg, when the duke of Berwick's head was shot off, and was near the duke at that time. He was also in the French army, when the Germans made such a sudden attack upon that quarter of the army where marshal Broglio commanded, as obliged the marshal in a terrible fright to run away without his breeches. He was likewise in several other actions and sieges, and, as was said by his friends, he always behaved well and with honour. The reason of his leaving the French service, about five years since, and coming to England, was to live some time in his own country with his friends; and when the rebel army came into England, he went and met them between Lancaster and Preston; and came with them to Manchester, where the Pretender's son gave him a commission to raise a regiment of foot, which was immediately done; and the young Pretender, on leaving him at Carlisle, gave him another commission to raise a regiment of horse. His behaviour from the first of his being taken prisoner at Carlisle, to the time of his trial, was of a piece; he frequently saying that he could not be hurt, for that he had a commission from the king of France, and so must be exchanged upon the cartel; but when he was convicted, he seemed a little more serious, and often said, he expected no mercy. He was much more reserved than many of bis fellow-sufferers; and would not talk a great deal to any body but his particular friends and brother-prisoners. The morning of his execution, and even at the fatal place, he shewed no manner of signs of dread, but said he hoped he should be happy in the next world. 508. The Trial of GEORGE FLETCHER, for High-Treason, at the Court-house, St. Margaret's-Hill, Southwark, Wednesday, July 16: 20 GEORGE II. A. D. 1746. THIS day the Court, according to adjourn ment, met at ten in the morning, where there were present, the lord chief-justice Lee, Mr. justice Wright, and Mr. baron Reynolds. And also the other officers, that attended the Court the preceding day, took their seats; and proclamation being made by the cryer, he proceeded to call the jury, and ordered the keeper of the county gaol to set George Fletcher to the bar; which being done accordingly, the following gentlemen (after the prisoner had made ten challenges) were sworn in for the jury. JURY. 1. Daniel Ponton of Lambeth, starch-maker. 2. Michael Cuffe of Battersea, gardener. S. Michael Constable of Dorking, yeoman. 4. W. Brooker of Walton on Thames, brewer. 5. Edmund Brown of Croydon, brewer. 6. Thomas Belch of Coulsdon, gent. 7. C. Stoakes of Bermondsey, fell-monger. 8. William Taylor of St. Saviour, brewer. 9. Thomas Lintall, of ditto, cloth-worker. 10. Fra. Simmonds of Puttenham, yeoman. 11. James Paine of Seal, yeoman. 12. Richard Sparkes of Wonersh, yeoman. And they being all sworn, took their seats in the jury-box; and proclamation was again made for silence, whilst the indictment was reading to the prisoner. Note, The indictment was the same as that of Townley (convicted the day before), the treason being laid to be committed the same time, at the same place,and in the same manner. After the King's Counsel had opened the Charge, the following evidence was called against the prisoner. Ormsby Mac Cormack sworn. King's Counsel. Mr. Mac-Cormack, pray look upon the prisoner, and then tell the Court, and the gentlemen of the jury, what you know of him; and speak out loud, that you may be heard. Mac Cormack. The first time that I saw him, was before the rebels marched from Manchester to Derby.. King's Counsel. What appearance did the prisoner make at Manchester? Did you look upon him to be an officer? Mac Cormack. He had a white cockade in his bat, and marched as captain in the Manchester regiment. I saw the flag that belonged to the regiment flying, and the motto was, Liberty and Property, Church and King. King's Counsel. Did he march with all the rebel army ? Were there any pipes playing? Mac Cormack. There were pipes playing VOL. XVIII. King's Counsel. Look at the prisoner again, Mac Cormack. (Looking earnestly at him.) Though I may mistake his name, I am sure he is the person that I saw at Derby, though I cannot positively say he gave any command there as an officer. I saw him at Preston, and other places along the road, till we came to Carlisle. King's Counsel. Were you with him at Carlisle ? Mac Cormack. I was at Carlisle; but he was there before I came, and there I saw him act as a captain; and when the soldiers were drawn up in the castle-yard, I saw him there, and saw arms distributed to some of the soldiers who had none. Prisoner's Counsel. Did you see him distribute any arms to any of the soldiers? Mac Cormack. I cannot say that I did. Prisoner's Counsel. Then who distributed those arms? Muc Cormack. It was a Scotch officer, who I am informed is since killed.—I heard so. King's Counsel. Was not the prisoner at the bar at Carlisle when the duke was before the town? Mac Cormack. Yes, I am sure he was, and commanded as an officer; he had a white cockade in his hat, an highland plaid sash, lined with white silk, and all military accoutrements that officers have. King's Counsel. Then you are certain as to his person? Mac Cormack. I am certain this is the gentleman, for he mounted the very first captain's guard that was mounted at Carlisle. I saw him at the surrender, and he was carried into the church, and made prisoner with the rest of the officers. Serj. Wynne. Are you sure he is the very man? Mac Cormack. I am very sure of it, though he has been long out of my sight. L. C. J. Consider you are upon your oath, and what you say affects his life. 2 A Prisoner's Counsel. It is a little extraordinary, that you should take such particular notice of the prisoner; were you in the rebel army; was he your commander? Mac Cormack. No, he was not; capt. Peter Moss was my commander. Serj. Wynne. Had you any command in the rebel army, were you either a captain, or a lieutenant? Mac Cormack. I had no command at all. Counsel. How came you hither to give your evidence? Mac Cormack. I was taken into custody by Mr. Carrington, one of the king's messengers, at West-Chester, and I did not know I was to come to London to be an evidence. Counsel. Have you had any promise of a pardon? Mac Cormack. I have not, nor never had to my knowledge. Sir John Strange. Pray call Samuel Maddox, who appeared, and was sworn. King's Counsel. Mr. Maddox, do you know Mr. Fletcher, the prisoner at the bar? Maddox. I know him very well; and in the month of last November, but I cannot particularly remember the day, I saw him at the Dog Inn in Manchester, where there were several persons assembled, and his name was put down as an officer in a new-raised regiment, called the Manchester regiment; be marched as a captain from Manchester to Winslow, and from thence on to Macclesfield, where the said regiment was drawn up in the church-yard; and all the soldiers who were unarmed had arms delivered unto them; the prisoner, Mr. | Fletcher, bad there a sword by his side, and appeared in his regimentals, as captain, with a white cockade, and a plaid sash. The rebels at Macclesfield were in general in confusion for want of men, and very much *Peter Moss escaped out of Newgate the night before the rebel prisoners were removed by Habeas Corpus, and hath not been heard of since.-Died in France. Former Edition. dreaded the king's forces. I was determined to return to Manchester, and communicated my thoughts and intentions to several of my coinrades; the prisoner, Mr. Fletcher, heard of my resolution at a place called Blackersey, and then he came to me, and told me it would be a scandalous thing to make a dishonourable retreat; and putting his hand in his pocket pulled out a great parcel of gold, and told ine I should never want while that lasted. 1 marched with him to Derby, and back to Carlisle afterwards. Maddor. I mean not all the time I was at the prisoner besides at Manchester? Maddor. I saw him at Penrith, and I saw him at Carlisle, with other officers, and with the Pretender's son; at both which places he acted in the capacity of a captain: and wheu Carlisle was surrendered, he went into the church with other officers. Prisoner's Counsel. Have you had no promise of a pardon? Maddor. I have had none; I told you so, 1 Sir, several times before. Prisoner's Counsel. What, did none of your friends advise you, or persuade you to do what you have done? Maddor. I cannot say, but one of my relations persuaded me to do what I could to save my own life. Prisoner's Counsel. Could not Mr. Fletcher have escaped to save his life, if he would? Maddor. I cannot tell but what he might; for capt. Bradshaw got away, but he soon joined the army again. Prisoner's Counsel. does the prisoner bear at Manchester? Pray what character character; I have seen him at the assembly Maddox. I do not know much of his general with the ladies: he was a chapman, and dealt in linen before this affair. King's Counsel. Pray call Thomas Bradbury, who appeared and was sworn. King's Counsel. Mr. Bradbury, pray what do you know, or what have you to say against the prisoner at the bar. Bradbury. I lived at Manchester when the rebels were in that town; and one morning when a serjeant and drum were beating up for volun teers at the Exchange for the Pretender's Manchester regiment, I happened to be there, where I believe there were more than 1,000 people assembled: and when the serjeant had done his speech, and concluded with saying God bless king Js and prince C-les! the prisoner pulled off his hat and hallooed, [Cross-examination.] Prisoner's Counsel. As you live at Manchester, pray what character does the prisoner bear at that town? Bradbury. A good character for aught I kuow, for I only came here to speak the truth. King's Counsel. Pray call Austin Coleman, who being sworn, was asked if he had ever seen the prisoner act as an officer? Coleman. Yes, I have seen him act as a captain at Preston, Penrith, and at Carlisle, when it was surrendered to the duke of Cumberland. Prisoner's Counsel. What countryman are you? Coleman. I am an Irishman, and I came to Manchester about twelve months ago. Thomas Craig was then called by the king's counsel, and being sworn, was asked what he knew of the prisoner? Craig. I saw him march from Manchester; I saw the colours of the Manchester regiment flying, and the drums beating; and I saw him act on the march as captain, and I saw him surrender at Carlisle to his royal highness the duke of Cumberland's troops. King's Counsel. Pray call capt. Nevet, who appeared and was sworn. King's Counsel. Pray, Sir, give the Court and the jury an account of what you know of the prisoner at the bar. Capt. Nevet. I was at Carlisle when the rebels surrendered the town to his royal highness the duke of Cumberland. When the officers of the garrison surrendered themselves prisoners, and were in custody, I had a particular order from his royal highness to go to the place of their confinement, to take the names, ranks, and qualities of all those that were there. When I called on the prisoner at the bar, he told me he was a captain; and when I had taken the names of all the rest, and what commissions they had under the Pretender's son, I went and made a report that evening to the duke, and his royal highness commanded me the next day to go to the same place; and I called over their names, and he answered by the name of captain Fletcher. THE PRISONER'S DEFENCE. Prisoner's Counsel. Call Anne Acton, who was sworn. Do you know the prisoner ? Acton. Yes, Sir, I have known him ever since he was born, for I have lived in the family 27 years; he managed the trade for his mother at Salford, just over the bridge at Manchester, and he had a very good share of business for a young man. The rebels came the 29th of November to Manchester, and we had a great many of them quartered upon us; Mr. Fletcher's mother was very uneasy at the sight of them, and went away, because she could not bear to see them eat and drink, and make free with every thing in the house. They tarried at Manchester three days, and upon the 8th of December, they returned again to Manchester, and captain Robinson, who commanded the soldiers who were at our house before, came a second time, and asked for our master; he went out, and there were half a dozen of soldiers at the door, and swore they would have him; and I never saw him after. I do not know he ever did a bad thing in his life; he always behaved well and dutiful to king George, and all the royal family. I never saw the least willingness in him to join with the Pretender; all the family were of the Church of England, and when they dragged him away, he went away with tears in his eyes. She was cross-examined by sir John Strange; and prevaricated so much in her answers in most questions that were asked of her, that no credit was given to her evidence. Charles Worral was produced and sworn, who said, he knew the prisoner an apprentice, and had sold him goods, and that the prisoner paid him honestly; but as to his principles, he knew nothing of them. Then John Hayward* was called and sworn, and being asked what business he followed, he said he was a dealer in leather. Prisoner's Counsel. What do you know of the prisoner? Witness. I cannot say that I know much of his notions one way or other. at Prisoner's Counsel. I think, Sir, you live Manchester?-Witness. Yes, I do, Sir. Prisoner's Counsel. Then pray inform the Court and the gentlemen of the jury, so far as you know, what past at Manchester relating to the prisoner, during the time the rebels were there. Witness. 1 cannot say any thing particularly. Prisoner's Counsel. Pray do you know that at the time the Pretender's party were beating up for volunteers, at the Exchange in Manchester, the prisoner was present, and took off his hat and hallooed? was put up on Temple-Bar, on Saturday the, ture, when they had the greatest occasion for 2d of August, the Saturday following their his assistance; that if he wanted money, he execution. need but speak, and he should have whatever he had occasion for; and at the same time, putting his hand in his pocket, shewed him a bandful of gold. He was about 28 years of age, and was bred up in Salford, adjoining to Manchester, where his parents lived, who were very substantial people. His father had been some time dead, but his mother was then living, whose business he managed. He was reckoned before he took on in the rebel army, to be a young man of a good character; but being unhappily prejudiced against the present royal family, be was very ready to join the Pretender's forces as soon as they came to Manchester; and he gave Murray, the Pretender's secretary, 50l. for his captain's commission. Fletcher's behaviour during the time of his confinement in Newgate, was, as the rest of his fellow rebel prisoners', very cheerful; and he continued so during the time he was under sentence of death, even from the gaol to the place of execution, and was the same to the last. He was a young man of very good parts, and very often acknowledged, that he had brought this misfortune upon himself by his obstinacy; for that his mother had begged and intreated of him, even on her knees, that he would keep himself out of the rebellion; and when no persuasions could prevail upon him, she offered him a thousand pounds to do with as he pleased, if he would hearken to her advice: but all to no purpose; and therefore that he had nobody to thank but himself for the consequences that had happened. There is one thing pretty singular in the story of Mr. Fletcher, which must not be omitted, because it shewed the heartiness of the man in the cause he endeavoured to support. At his trial, Mr. Maddox, who was a principal evidence against him, swore, that when the rebels were at Macclesfield, they were in great confusion for want of men, and mightily disheartened at the approach of the king's forces; upon which he (Maddox) determined to leave them, and return to Manchester, and communicated such his intention to several of his comrades; which being told to Fletcher, he came to Maddox, and expostulated with him about it; telling him, what a scandal it would reflect upon him to leave his friends at a junc-fit to be here mentioned. At the place of execution he delivered papers to the populace, as the rest of them did, the contents of which papers were, that they died in a good cause; that they did no way relent at what they had done, and doubted not but their deaths would in time be revenged; and many treasonable and other vile expressions not 509. The Trials of THOMAS CHADWICK and WILLIAM BATTRAgh, for High Treason, at the Court-house, Southwark, July 16: 20 GEORGE II. A. D. 1746. THOMAS CHADWICK, and William Battree, otherwise Battro, otherwise Battragh, otherwise Bretah, were both brought to the bar, and both agreed in their challenges of the Jary; but before Mr. Chadwick was tried, he desired his irons might be taken off, which was done directly and after having challenged thirteen jury men, the twelve following gentlemen were sworn to try them. you know concerning the prisoners at the bar, or either of them. Maddox. (Looking on the prisoners at the bar.) know both of them; Mr. Chadwick was a lieutenant, and Mr. Battragh served as an ensign in the Manchester regiment, in the rebel army. King's Counsel. Pray how did Mr. Chadwick appear; did he appear as an officer? Maddox. Chadwick wore a laced hat, with a white cockade in it, and I saw both of them march from Manchester; and when they marched, Mr. Battragh had on a Scotch plaid sash, lined with a white ribband; I was with them when they marched from Manchester to Winslow; there were a great many men listed as we went on the road. 1 Francis Bartholomew of Egham, gent. 2 Thomas Dawson of St. George's, brazier, s William Shurlock of Shere, yeoman. 4 Richard Toy of Richmond, grocer. 5 John Fielder of Esher, yeoman. 6 James Vinal of Esher, wheelwright. 7 John Otway of Ashted, yeoman. 8 Thomas Puplett of Banstead, yeoman. 9 John Start, of Epsom, chandler. 10 George Hart of Croydon, callico-printer. 11 William Bridgestock of Croydon, farmer. 12 John Rowles of Croydon, wheelwright. Maddox. I cannot be positive to that; but there were a great many men enlisted by capAtt. Gen. Call, Samuel Maddox; who ap-tain Deacon upon our march from Manchespearing in court, was sworn. King's Counsel. Mr. Maddox, Pray relate to my lord and the gentlemen of the jury, what King's Counsel. Can you take upon you to say that either of the prisoners at the bar inany? listed ter. Both the prisoners appeared on horseback as officers; and I myself carried the colours out of Manchester. And as we were upon the |