Gornall V Burgoyne, Lutwidge, Wilson, Ward & Pickup in the King's Bench
Lancaster Assizes cover several cases claiming damages against Burgoyne and others. Jack Gornall, who was the innkeeper at the Sun Inn (probably the one in Church Street but there was another Sun Inn situated in Mains Sprit Wiend), sued Burgoyne for an incident that took place on Ash Wednesday, 1768, the 17th of February. This was around the same time period that is referred to later in the case of the King V Burgoyne and others that took place at the King’s Bench. Unfortunately, apart from the pre-trial depositions or statements, no proceedings from this trial remain and it would take nearly three years for the case to come to trial.
The majority of the statements (3) relate to the mob breaking into and wrecking the Sun Inn. Some goods were also stolen.
Several witnesses gave evidence against Burgoyne, building up a strong case for him being the focal point of the mob behaviour. Mr Henry Hieronimous Deacon stated that when the mob came into Town
Defendants Burgoyne and Lutwidge came upon Lord Stranges steps, took of their Hats and paid their respects to the mob and shaked some of them by the hand
Thomas Arnott & Henry Brewer gave very similar accounts
Deft.
Burgoyne (with a pistol in his hand) and Lutwidge went up the street a
little after the mob and that they stop't at the sign of the Dog - That
mob returned thither and that Deft. Burgoyne Harangued them from that
window and told them (amongst other things) they were all his Friends
and come to support him for which he was obliged to them And after
waiving his hands he said "My lads go your way and if any one insults
you defend yourselves and do not want either for Meat or Drink."
Mary Tyrer said that
Deft. Burgoyne on Saturday the 20th being asked by the mob whether they might fall upon Mr Pedders House said stay your hands for an house & if they will not then comply they might level the Town.
The
Pedder family had long been associated with the Corporation in
Preston. Edward Pedder had been the Mayor in 1763 and his son, also
called Edward, was a major manufacturer in the town.
Bridget Wilcox describes what happened to her master’s house
Upon hearing the mob break into the parlour run up stairs where she staid until they went away. When she came down stairs she found every thing in the parlour taken away & destroyed to wit, stone chimney piece, fire grate, tongs and poker, one large oval oak table, 2 snap tables, two cupboards, 20 chairs and upwards.
She continued
In one of the cupboards plts China was kept and there was China in it at the time the mob broke into the Room but what quantity witness knows not. In the Kitchen 1 Dozen chairs, tongs & ffire poker she found taken away. That her mistress thro' fear lay at a neighbours house. That plt was absent 4 or 5 days. That plt durst not repair his house for a long time nor durst not brew but sent for liquor to other public Houses.
Aaron Troughton provides a very comprehensive description of the mob entering a house (or, more likely, one of the pubs since Jack Gornall was the landlord of the Sun Inn).
That
on the 17th February, 1768 about 4 o'clock in the afternoon Sarah
Arkwright came to witness who worked for pl[ain]t[iff]s as a cooper and
told witness that Mr Wilson was sending the mob to plts House &
desired him to lock the Door & bolt the window shutters. That he
imediately bolted the window shutters and went to the street Door when
Mary Tyrer came to him and told him to shut the Door for the Mob was
coming and that Wilson had sent them. That witness then heard the mob
approaching calling aloud out. "Lye up Lads now for Gornalls" upon wch
witness shut & bolted the street door & went into the house
& imediately heard the mob attack the ffront of the House upon which
witness run up into the Garrot & looked down & saw mob
endeavouring to force open the window shutters.
Upon
which witness threw down 4 or 5 stones in order to drive the mob away,
but in vain, several of them entered the House & threw the Furniture
into the Street, to wit, one large oval table, 2 snap tables, 2
cupboards & several chairs some broken glass and also the ffine
grate tongs and poker, When witness came down stairs which was not
untill after the mob were gone from before the House he found the
parlour quite laid open the windows, window shutters and part of the
wall below together with all the Furniture & the stone chimney piece
quite broken & destroyed.
In
the Kitchen he found almost everything destroyed or taken away to wit
chairs, 12 pint glasses, 12 pint mugs, tongs and fire poker. That plt
just about the time witness was told the mob was coming left his House
thro' fear and was absent about 4 or 3 days. That plts wife was under
such fear the House being so exposed and laid upon that she left it and
lay at a neighbours House.
That
plt. when he returned durst not repair his House as 100's of the mob
were continued in Town nor did he repair it until the April following.
That plt for some time durst not Brew but sent for Liquor to other
publick Houses and lost a great many customers not being able to
accomodate them properly.
More than one witness declared that they
Heard the Deft. Burgoyne harrangue the mob at the Dog window the day they came in & that amongst other things told them not to medle with Mr Parkers House for that he lay on his Death bed but said they might use their pleasure elsewhere.
Elizabeth Coupe describes payments to the rioters
She saw Deft. Lutwidge standing in the Church Street and there she stood very near to him when he was applied to for money by two young men who had Bludgeons in their hands who said they had been in Preston one of them one day only and the other of them a day and an half to which Deft. Lutwidge answered that 9d a day was enough for them as they were but young and accordingly gave them 18d between them and said you must come again when that is done. That witness told one of the Lads they worked for a good master to which they both answered they did and that mobbing was a fine trade for they had both meat drink and good pay.
John Coupe heard how the mob was given money for beer
Coupe
heard Deft. Burgoyne from the Dog window tell the mob not to meddle
with Mr Parker that he being on his death bed but that they might use
their pleasure elsewhere. Witness was in Preston on the 17th February
1768 and speaks to Wilson sending the mob to plts House was also in
Preston on the 18th of February & there saw a large mob who had
clubs and bludgeons in their hands and that he saw several of the mob go
up to Deft. Lutwidge and heard them ask him for money & that Deft.
Lutwidge thereupon gave one of them some silver and told him to go to
the sign of the Legs of Man and divide it amongst them and make
themselves merry but not to get drunk for if they did so they would not
be capable of doing any Business;
That
same day he saw Deft. Lutwidge in company with Deft. Burgoyne and that
as they past by the mob opposite the sign of the Kings arms in Preston
some of the mob shaked hands with them and that both the sd Defts. sd to
the mob very well my Lads you do well.
Thomas Holland gave some of the background to the rioters
.....Mr Lutwidge sent him & asked him to go an Errand for him & to get as many men as he co[ul]d and went to Brindle & raised 100 there & from thence to Moulden Water.....
Then he went to see Colonel Burgoyne and said that
.....he was either four or five & fifty shillings out of pocket & desired def[endan]t Burgoyne to pay him who said "you must go to Mr Shawe my agent and he will pay you".
The Manchester Mercury for Tuesday, April 9th, 1771 summarized the end of the case with:-
On Friday fortnight, ended at Lancaster, after 18 hours, the cause between John Gornall, innkeeper, plaintiff and Col. Burgoyne, defendant; when the jury gave a verdict of £80 with costs for the Plaintiff, for the damages he sustained at the Late Election in Preston.
This had been a long wait (more than three years from the original offence) and it may well have been a pyrrhic victory. The records for St Johns Church show a John Gornall dying early in the following year.
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