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A41804 An appeal of murther from certain unjust judges, lately sitting at the Old Baily to the righteous judge of heaven and earth; and to all sensible English-men, containing a relation of the tryal, behaviour, and death of Mr. William Anderton, executed June 16. 1693. at Tyburn, for pretended high treason. Grascome, Samuel, 1641-1708? 1693 (1693) Wing G1566; ESTC R216496 30,841 41

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should have made it apparent that their grand Evidence was a perjured Rogue This was the only piece of Evidence that did in the least seem to affect the Prisoner and therefore ought to have been fairly and fully canvassed and not so lightly huddled and sham'd over all the other Evidence was nothing to the purpose and if even this had been true it could not have cast him For the having Books in a Desk is neither Compossing Printing nor Publishing which is the Crime charged in the Indictment The substance of the aforesaid Testimony concerning the Books being taken out of the Desk was seconded by the Evidence of Hooper Beadle of the Hall and the Constable and his Beadle Now though the Falshood of the thing is already made manifest yet I shall retain some Charity for these Persons till I find cause to the contrary because it is very probable that they might be deceived For if Stephens or any Agent of his in the time of the huddle and removal of things did put such Books into the Desk and afterwards examine it before the said Constable and Beadles they might ignorantly swear to his Contrivance and they might truly say such Books were taken out of the Desk and not know that Stephens and not Mr. Anderton put them in But there is one thing which shews them to be too loose and heedless in the matter of an Oath in that they alledged so many of the French Conquests to be there when it is certain there was not the fourth part of so many in the house which as I have already told you were sent him the day before and which the Government it self now if it did not then well knows were not Printed by him And yet after all this multitude they were content to fall to one of each that they might be particularly sworn to and when Mr. Constable was asked how he knew those to be the Books and was desired by the Prisoner to read the Titles of those Books whereof he accused him truly it appeared that the learned Gentleman had been bred to no such dangerous things as Writing or Reading Now could a more unquestionable Witness have been produced to printed Books and their Titles than a Man that cannot read But for a help at a dead lift it was said that he had made his private Mark on the said Books but then it ought to be considered That his private Mark was made to the two Books at the Lord Chief Justice Holt's Chamber which Robin Stephens produced out of his Pocket when the Prisoner was brought to be examined Now what did his Mark set on two Books at the Lord Chief Justice's Chamber which were all the while before in another Man's Custody signify to prove that those were the Books which were about four hours before taken out of a Desk in S. James's Robin Stephens might have produced what Books he pleased and in all likelihood this Man would have set his private Mark on them but if he would have been sure he ought to have set his private Mark at the time of their being taken out of the Desk but if there were not villanous Treachery in the case there was no such Book to be marked Would any Judge who had either a Grain of Sense or Conscience hang a Man upon such Evidence as this I suppose it is for a blind that Stephens swore that coming to the Door i. e. Scudamore's and asking what Lodgers they had turning his head aside he saw the Prisoner's Mother in the Yard who crying out Murther the Prisoner came out of the House and fell upon him For I cannot imagine what should make him swear such a needless Lye unless it were to cover the Treachery whereby the Prisoner was betray'd and to bear the World in hand that he accidentally discovered him by espying his Mother For his Mother was not in the Yard but in the common Room which they used for their Kitchen and Stephens came into the Yard and directly to the Door which by chance at that time was bolted and when he could not by force get in for the Prisoner's Wife and Mother spying him out at the Window would not open the Door he took down a pane of Glass and was striving to come in that way whereupon they opened the Door and at the out-cry of his Mother and Wife in that Room the Prisoner Mr. Anderton came upon him who had escaped the Buzzard had it not been for the strong Guard he had set This piece of Evidence also admirably well agrees with another That he saw him shoving up a Bed which ran upon Wheels Now the Bed stood in a Room from which you must come thorough two Doors into the Yard In short Mr. Anderton did not shove up the Bed nor was he first seen to Stephens at this time of his apprehension either in that Room or in the Yard but in their Kitchen or common Room lying between both And indeed as to this matter the Prisoner convinced him of the Falshood of it in the open Court but however it was taken no notice of The Witness must not be disparaged or discouraged though some Men will be apt to wonder at his Wit how he could contrive to forswear himself in so many particulars Besides Stephens the Constable and the Beadles there were also two Printers sworn viz. Roberts and Snowden the Substance of whose Evidence was That they had seen the Characters in the Hall together with the c. and that they did believe it was the Letter that Printed that Book i. e. the Book then shewed in Court as also that the two Books were Printed with one and the same Letter or Character Now if this Evidence be true it ought to have acquitted him if it be false it ought not to have hurt him For the Government well knows where and by whom one of the Books was printed and that it was not Printed by Mr. Anderton nor had he any manner of hand in it or any communication at that time with those Printers and if both the Books were printed with the same Letter or Character then I think it is a pretty fair and clear Inference That he printed neither of the said Books and consequently ought upon this Evidence to have been discharged But be the matter true or false what signifies believing in this case Is one Man to be hanged for anothers believing Malice is put to its shifts when without any colour of Legal Evidence it is forced to believe a Man out of his Life But if such Evidence as this shall be looked on as good and satisfactory in matter of Life I think the whole Society of Printers are deeply concerned in it and that they are all in very dangerous Circumstances for I am assured by a very understanding Printer that there is not a Printing-house in Town but hath of the same sort of Letter or Character so that upon such an Oath as this any or all