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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/38088-8.txt b/38088-8.txt new file mode 100644 index 0000000..54d8fa8 --- /dev/null +++ b/38088-8.txt @@ -0,0 +1,11237 @@ +The Project Gutenberg EBook of State Trials Vol. 2 (of 2), by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: State Trials Vol. 2 (of 2) + Political and Social + +Author: Various + +Editor: Sir Harry Lushington Stephen + +Release Date: November 22, 2011 [EBook #38088] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK STATE TRIALS VOL. 2 (OF 2) *** + + + + +Produced by David Garcia, Delphine Lettau, Brownfox and +the Online Distributed Proofreading Team at +http://www.pgdp.net (This file was produced from images +generously made available by The Internet Archive) + + + + + + + + + +STATE TRIALS + + + + + _First impression, March 1899_ + _Second impression, September 1899_ + + + _All rights reserved_ + +[Illustration: William Lord Russell.] + + + + +STATE TRIALS + +POLITICAL AND SOCIAL + +SELECTED AND EDITED + +BY H. L. STEPHEN + +IN TWO VOLUMES + +VOL. II + +[Illustration] + +LONDON +DUCKWORTH AND CO +1899 + + + + +Edinburgh: T. and A. CONSTABLE, Printers to Her Majesty + + + + +CONTENTS + + + PAGE + +LORD RUSSELL, 3 + +THE EARL OF WARWICK, 59 + +SPENCER COWPER AND OTHERS, 139 + +SAMUEL GOODERE AND OTHERS, 231 + + INDEX, 305 + + + + +LORD RUSSELL + + +Lord Russell's trial marks the moment in the latter part of Charles +II.'s reign when his power reached its highest point. The Exclusion Bill +was thrown out by the House of Lords in 1680, and though Stafford was +tried and executed at the end of the year, the dissolution of the +short-lived Oxford Parliament in April 1681 left the Country party, who +had just acquired the name of Whigs, in a temporarily hopeless position. +On the 2nd of July in the same year Shaftesbury was arrested on a charge +of suborning witnesses in the Popish Plot, but the bill presented +against him was thrown out by the Grand Jury, which had been packed in +his favour by a friendly sheriff, and he was liberated in November. An +unscrupulous exercise of the power of the Court led to North (brother of +the Chief-Justice of the Common Pleas, soon to become Lord Keeper) and +Rich being sworn in as sheriffs in June 1682, and Shaftesbury, no longer +being able to rely on his City friends, retired into hiding and entered +on the illegal practices described in Russell's trial. The security +afforded to the opponents of the Court was further diminished in 1683 +by the suppression of the charter of the City by a writ of Quo Warranto, +which, although it was too late to have any effect on Russell's conduct, +may help to justify it. The position of the Country party thus appeared +desperate. The King had contrived to overcome all constitutional means +of opposition; Shaftesbury's unscrupulous policy had alienated most of +his natural adherents; his violent disposition made it impossible for +his remaining followers to take advantage of the difficulties which the +King was preparing for himself and his successor; and by anticipating +the crisis of 1688, Shaftesbury, Essex, and Russell brought down +destruction on themselves. + +Lord Russell was tried at the Old Bailey on the 13th of July 1683 before +the Lord Chief-Justice, Sir Francis Pemberton,[1] the Lord Chief-Baron, +Mr. William Montague, and nine other judges. There appeared for the +prosecution the Attorney-General, Sir Robert Sawyer[2], the +Solicitor-General, Mr. Finch[3], Serjeant Jeffreys[4], Mr. North[5]. + +The charge against Lord Russell was that he was guilty of high treason +in conspiring to depose and kill the King, and to stir up rebellion +against him. To this he pleaded Not Guilty. + +He objected that he ought not to be arraigned and tried on the same day, +to which it was replied that he had had more than a fortnight's notice +of his trial and the facts alleged against him by having questions put +to him when he was in custody in the Tower. On the first juror being +called, Lord Russell objected that he was not a 40s. freeholder in the +City. He was allowed to have counsel assigned to him to argue as to +whether this was a good ground of objection; the counsel he chose were +Pollexfen[6], Holt[7], and Ward. The question was whether the statute 2 +Hen. V. c. 3, which enacted that in the case of capital offences the +jurors must have lands of the yearly value of 40s., applied to trials +for treason or to trials in the City. It was decided by all the judges +that it did not,[8] the objection was overruled, and a jury was sworn +without any challenges being made. + +_North_ then shortly opened the case. He alleged that in the previous +October and November a council consisting of Russell, the Duke of +Monmouth, Lord Grey,[9] Sir Thomas Armstrong, and one Ferguson, were +plotting a rising in conjunction with the Earl of Shaftesbury. The Earl +was anxious that the opportunity of the celebration of Queen Elizabeth's +birthday on the 19th of November should be used for the purpose. The +conspirators objected to this on the ground that Trenchard, who was to +have headed a rising in the West, was not ready. On this Shaftesbury and +Ferguson left the country, and the so-called council was re-organised by +Armstrong and Grey being left out, and Lord Howard,[10] Lord Essex,[11] +Colonel Algernon Sidney,[12] and Mr. Hampden,[13] being taken in. +Frequent consultations were held at Russell's house, and Aaron Smith was +despatched to Scotland to arrange a rising on the part of the +malcontents there. + +_Rumsey_[14] was called, and being sworn deposed that at the end of +October or the beginning of November Shaftesbury had sent for him to his +lodgings in Wapping, where he was hiding, and told him to go to the +house of one Sheppard, where he could find Monmouth, Russell, Grey, +Armstrong, and Ferguson, and to ask what resolution they had come to as +to the rising at Taunton. He took this message accordingly, and received +an answer that Trenchard had promised 1000 foot and 300 horse, but had +failed them. Most of this answer was delivered by Ferguson, but others, +including Russell, were in the room at the time. + + ATTORNEY-GENERAL--Was there nothing of my lord Shaftesbury to + be contented? + + RUMSEY--Yes, that my lord Shaftesbury must be contented; and + upon that he took his resolution to be gone. + + LORD CHIEF-JUSTICE--Did you hear any such resolution from him? + + RUMSEY--Yes, my lord. + +Shaftesbury told him of the meeting; he was not there more than a +quarter of an hour; he heard something of a declaration to be made, +either there, or on a report of Ferguson's. + + JEFFREYS--To what purpose was the declaration? + + LORD CHIEF-JUSTICE--We must do the prisoner that right; he says + he cannot tell whether he had it from him or Mr. Ferguson. + +There was some discourse begun by Armstrong as to the posture of the +guards at the Savoy and at the Mews. Monmouth, Grey, and Armstrong, in +Russell's presence, undertook to see the guards, + + with what care and vigilance they did guard themselves at the + Savoy and Mews, whether they might be surprised or not. + +The rising was to be on the 19th of November. It was arranged by +Shaftesbury that he himself was to go to Bristol, in what capacity it +was not stated. + + JEFFREYS--If my lord Russell pleases to ask him any questions + he may. + + LORD RUSSELL--I have very few questions to ask him for I know + little of the matter; for it was the greatest accident in the + world I was there, and when I saw that company was there I + would have been gone again. I came there accidentally to speak + with Mr. Sheppard; I had just come to town, but there was no + discourse of surprising the guards, nor no undertaking of + raising an army. + + LORD CHIEF-JUSTICE--We will hear you to anything by and by, but + that which we desire to know of your lordship is, as the + witnesses come, to know if you would have any particular + questions asked of them. + +On being pressed by Russell, Rumsey repeated that Russell 'did discourse +of the rising' at Taunton and consented to it. + +_Sheppard_ was called, and deposed that in October Ferguson came to him +in Monmouth's name, + + and desired the conveniency of my house, for him and some other + persons of quality to meet there. As soon as I had granted it, + in the evening the duke of Monmouth, my lord Grey, my lord + Russell, sir Thomas Armstrong, col. Rumsey and Mr. Ferguson + came. Sir T. Armstrong desired me that none of my servants + might come up, but they might be private; so what they wanted I + went down for, a bottle of wine or so. + +He confirmed Rumsey's evidence as to the discourse about surprising the +guards; Monmouth, Grey, and Armstrong went out to view them at the Mews; +the next time they met Armstrong reported + + the guards were very remiss in their places, and not like + soldiers, and the thing was feasible, if they had strength to + do it. + +There were two meetings: he had notice of them; the company came in the +evening; he saw no coaches; Lord Russell came both times. + + JEFFREYS--Do you remember that col. Rumsey at the first time + had any discourse about any private business relating to my + lord Russell? + + SHEPPARD--No, I do not remember it. + + ATTORNEY-GENERAL--Besides the seizing of the guards did they + discourse about rising? + + SHEPPARD--I do not remember any further discourse, for I went + several times down to fetch wine, and sugar, and nutmeg, and I + do not know what was said in my absence. + +He remembered that a paper was read 'somewhat in the nature of a +proclamation,' setting forth the grievances of the nation 'in order to a +rising.' It was read by Ferguson, but he could not say whether they were +all present or not. + +Cross-examined by Lord Russell, he could not be positive as to the time +of the meetings; they were at the time that Lord Shaftesbury was absent +from his house, and he absented himself about Michaelmas day. + + LORD RUSSELL--I never was but once at your house, and there was + no such design as I heard of. I desire that Mr. Sheppard may + recollect himself. + + SHEPPARD--Indeed my lord I can't be positive in the times. My + lord I am sure was at one meeting. + + LORD CHIEF-JUSTICE--But was he at both? + + SHEPPARD--I think so; but it was eight or nine months ago, and + I can't be positive. + + LORD RUSSELL--I can prove I was then in the country. Col. + Rumsey said there was but one meeting. + + COL. RUMSEY--I do not remember I was at two; if I was not, I + heard Mr. Ferguson relate the debates of the other meeting to + my lord Shaftesbury. + + LORD RUSSELL--Is it usual for witnesses to hear one another? + + LORD CHIEF-JUSTICE--I think your lordship need not concern + yourself about that; for I see the witnesses are brought in one + after another. + + LORD RUSSELL--There was no design. + + JEFFREYS--He hath sworn it. + + ATTORNEY-GENERAL--Swear my lord Howard (which was done). Pray + will your lordship give an account to the Court, what you know + of a rising designed before my lord Shaftesbury went away, and + afterwards how it was continued on. + + LORD HOWARD--My lord, I appear with some confusion. Let no man + wonder that it is troublesome to me. My lord as to the question + Mr. Attorney puts to me, this is the account I have to give: It + is very well known to every one, how great a ferment was made + in the city, upon occasion of the long dispute about the + election of sheriffs; and this soon produced a greater freedom + and liberty of speech one with another, than perhaps had been + used formerly, though not without some previous preparations + and dispositions made to the same thing. Upon this occasion + among others, I was acquainted with captain Walcot[15], a + person that had been some months in England, being returned out + of Ireland, and who indeed I had not seen for eleven years + before. But he came to me as soon as he came out of Ireland, + and when these unhappy divisions came, he made very frequent + applications to me; and though he was unknown himself, yet + being brought by me, he soon gained a confidence with my lord + Shaftesbury, and from him derived it to others. When this + unhappy rent and division of mind was, he having before got + himself acquainted with many persons of the city, had entered + into such counsels with them, as afterwards had the effect, + which in the ensuing narrative I shall relate to your + lordship. He came to me, and told me, that they were now + sensible all they had was going, that this force put upon + them---- + + LORD CHIEF-JUSTICE--Pray my lord, raise your voice, else your + evidence will pass for nothing. + + ONE OF THE JURY--We cannot hear my lord. + + LORD HOWARD--There is an unhappy accident happened that hath + sunk my voice: I was but just now acquainted with the fate of + my lord of Essex. My lord, I say, he came to me, and did + acquaint me, that the people were now so sensible that all + their interest was going, by that violence offered to the city + in their elections, that they were resolved to take some course + to put a stop to it, if it were possible: He told me there were + several consults and meetings of persons about it, and several + persons had begun to put themselves into a disposition and + preparation to act; that some had furnished themselves with + very good horses, and kept them in the most secret and blind + stables they could. That divers had intended it, and for his + own part he was resolved to imbark himself in it. And having an + estate in Ireland, he thought to dispatch his son thither (for + he had a good real estate, and a great stock, how he disposed + of his real estate, I know not); but he ordered his son to turn + his stock into money to furnish him for the occasion: This I + take to be about August, his son was sent away. Soon after this + the son not being yet returned, and I having several accounts + from him wherein I found the fermentation grew higher and + higher, and every day a nearer approach to action I told him I + had a necessity to go into Essex to attend the concerns of my + own estate; but told him how he might by another name convey + letters to me, and gave him a little cant, by which he might + blind and disguise the matter he wrote about when I was in the + country. + + I received two or three letters from him, that gave me an + account in that disguised style, but such as I understood, that + the negotiation which he had with my correspondents was going + on, and in good condition; and it was earnestly desired I would + come to town; this was the middle of September. + + I notwithstanding, was willing to see the result of that great + affair, upon which all men's eyes were fixed, which was the + determination of the shrivalty about that time. So I ordered it + to fall into town, and went to my own house Saturday night + which was Michaelmas Day. + + On Sunday he came to me and dined with me, and told me (after a + general account given me of the affairs of the times) that my + lord Shaftesbury was secreted and withdrawn from his own house + in Aldersgate Street; and that though he had a family settled, + and had absconded himself from them, and divers others of his + friends and confidents; yet he did desire to speak with me, and + for that purpose sent him to shew me the way to his lodging: He + brought me to a house at the lower end of Wood Street, one + Watson's house, and there my lord was alone. He told me he + could not but be sensible, how innocent soever he was, both he + and all honest men were unsafe, so long as the administration + of justice was in such hands as would accommodate all things to + the humour of the court. That in the sense of this he thought + it but reasonable to provide for his own safety by withdrawing + himself from his own house into that retirement. That now he + had ripened affairs to that head, and had things in that + preparation, that he did not doubt but he should be able, by + those men that would be in readiness in London, to turn the + tide, and put a stop to the torrent that was ready to overflow. + But he did complain to me, that his design, and the design of + the public, was very much obstructed by the unhandsome + deportment of the Duke of Monmouth, and my lord Russell, who + had withdrawn themselves not only from his assistance, but from + their own engagements and appointments: For when he had got + such a formed force as he had in London, and expected to have + it answered by them in the country, they did recede from it, + and told him they were not in a condition or preparation, in + the country, to be concurrent with him at that time. This he + looked upon but as an artificial excuse, and as an instance of + their intentions wholly to desert him: but notwithstanding + there was such preparation made in London, that if they were + willing to lose the honour of being concurrent with him, he was + able to do it himself, and did intend speedily to put it into + execution. I asked him what forces he had? He said he had + enough. Says I, What are you assured of? Says he, There is + above ten thousand brisk boys are ready to follow me, whenever + I hold up my finger. Says I, How have you methoded this, that + they should not be crushed, for there will be a great force to + oppose you? Yes, he answered, but they would possess themselves + of the gates; and these ten thousand men in 24 hours would be + multiplied into five times the number, and be able to make a + sally out, and possess themselves of Whitehall, by beating the + guards. I told him this was a fair story, and I had reason to + think a man of his figure would not undertake a thing that + might prove so fatal, unless it were laid on a foundation that + might give a prudent man ground to hope it would be successful. + + He said he was certain of it, but confessed it was a great + disappointment that these lords had failed him. I told him, I + was not provided with an answer at that time; that he well knew + me, and knew the general frame and bent of my spirit. But I + told him, I looked upon it as dangerous, and ought to be laid + deep, and to be very well weighed and considered of: and did + not think it a thing fit to be entered upon, without the + concurrence of those lords. He did consent, with much ado, but, + says he, you will find they will wave it, and give doubtful and + deferring answers, but you will find this a truth. + + I went to Moor Park next day, where the Duke of Monmouth was, + and told him the great complaint my lord Shaftesbury had made, + that he failed him. Says he, I think he is mad; I was so far + from giving him any encouragement, that I did tell him from the + beginning, and so did my lord Russell, there was nothing to be + done by us in the country at that time. I did not then own that + I had seen my lord, but spake as if this were brought me by a + third person, because he had not given me liberty to tell them + where his lodging was. Says I, My lord, I shall be able to give + a better account of this in a day or two: Shall I convey it to + my lord, that you are willing to give a meeting? Yes, says he, + with all my heart. This was the 2nd, 3rd, or 4th of Oct. + + I came to town on Saturday, and was carried to him on Monday; + and I suppose this was Tuesday the 2nd of October. On Wednesday + I think I went to him again (but it is not very material) and + told him I had been with the duke of Monmouth and given him a + punctual account of what I had from him; and the duke did + absolutely disown any such thing, and told me, he never did + give him any encouragement to proceed that way, because the + countries were not in a disposition for action, nor could be + put in readiness at that time. Says my lord Shaftesbury, It is + false: they are afraid to own it. And, says he, I have reason + to believe, there is some artificial bargain between his father + and him, to save one another: for when I have brought him to + action, I could never get him to put on, and therefore I + suspect him: and, says he, several honest men in the city have + puzzled me, in asking how the duke of Monmouth lived: says he, + They puzzled me, and I could not answer the question; for I + know he must have his living from the King; and says he, we + have different prospects; we are for a Commonwealth and he hath + no other design but his own personal interest, and that will + not go down with my people now (so he called them), they are + all for a commonwealth: and then, says he, It is to no purpose + for me to see him; it will but widen the breach, and I dare not + trust him to come hither. Says I, My lord, that's a good one + indeed! dare not you trust him, and yet do you send me to him + on this errand? Nay, says he, it is because we have had some + misunderstanding of late; but I believe he is true enough to + the interest. Says I, It is a great unhappiness to take this + time to fall out, and I think it is so great a design, that it + ought to be undertaken with the greatest strength and coalition + in the kingdom. Says he, My friends are now gone so far, that + they can't pull their foot back again without going further; + for, says he, it hath been communicated to so many that it is + impossible to keep it from taking air, and it must go on. Says + he, We are not so unprovided as you think for; there are so + many men, that you will find as brisk men as any in England. + Besides we are to have 1000 or 1500 horse, that are to be drawn + by insensible parties into town, that when the insurrection is, + shall be able to scour the streets and hinder them from forming + their forces against us. My lord, after great inlargement upon + this head, and heads of the like nature, I told him I would not + leave him thus, and that nothing should satisfy me, but an + interview between him and the lords. No, I could not obtain it: + but if I would go and tell them what a forwardness he was in, + and that, if they would do themselves right, by putting + themselves upon correspondent action in their respective + places, and where their interest lay, well; otherwise he would + go away without them: So I went again to the Duke of Monmouth, + I spake to him only (I never spake to my lord Russell then, + only we were together, but I had never come to any close + conjunction of counsels in my life with him at that time). Says + I to the duke, This man is mad, and his madness will prove + fatal to us all; he hath been in a fright by being in the + tower, and carries those fears about him that cloud his + understanding. I think his judgment hath deserted him, when he + goes about with those strange sanguine hopes that I can't see + what should support him in the ground of them. + + Therefore says I, Pray will you give him a meeting? God-so says + the duke, with all my heart, and I desire nothing more. Now I + told him, I had been with my lord Shaftesbury, with other + inlargements that I need not trouble your lordship with; well, + says he, pray go to him, and try if it be possible to get a + meeting; so I went to him and told him; Says I, This is a great + unhappiness and it seems to be a great absurdity, that you are + so forward to act alone in such a thing as this. Pray, says I, + without any more to do, since you have this confidence to send + for me, let me prevail with you to meet them, and give them an + interview, or else you and I must break. I will no longer hold + any correspondence, unless it be so. Says he, I tell you they + will betray me. In short he did with much importunity yield + that he would come out the next night in a disguise. By this + time it was Saturday, I take it to be the 6th of Oct.: an + almanac will settle that: so the next night being Sunday and + the shops shut, he would come out in a concealment, be carried + in a coach, and brought to his own house, which he thought then + was safest. I came and gave the duke of Monmouth an account of + it; the duke I suppose conveyed the same understanding to my + lord Russell; and I suppose both would have been there + accordingly, to have given the meeting: but next morning I + found colonel Rumsey had left a note at my house, that the + meeting could not be that day. Then I went to the duke of + Monmouth and he had had the account before, that my lord + Shaftesbury did apprehend himself to be in some danger in that + house, and that the apprehension had occasioned him to remove; + but we should be sure to hear from him in two or three days. We + took it as a waiver, and thought he did from thence intend to + abscond himself from us, and it proved so to me, for from that + time I never saw him. But captain Walcot came to me, and told + me, that he was withdrawn, but it was for fear his lodging + might be discovered, but he did not doubt but in a week he + would let me know where his lodging was: but told me within + such a time, which I think was eight or ten days, there would + be a rising; and I told the duke of Monmouth and I believe he + told my lord Russell; and we believed his frenzy was now grown + to that height, that he would rise immediately and put his + design into execution: so we endeavoured to prevent it, upon + which my lord Russell (I was told) and the duke of Monmouth, + did force their way to my lord Shaftesbury's and did persuade + him to put off the day of his rendezvous. I had not this from + my lord Russell, for I had not spoke a word to him: but the + duke told me my lord Russell had been with him (I had indeed an + intimation, that he had been with him but the duke told me, + says he, I have not been with him, but my lord Russell was, + having been conveyed by colonel Rumsey). After this day was put + off, it seems it was put off with this condition, that those + lords and divers others should be in a readiness to raise the + country about that day fortnight, or thereabouts; for there was + not above a fortnight's time given: and, says the duke of + Monmouth, we have put it off but now we must be in action, for + there is no holding it off any longer. And says he, I have been + at Wapping all night, and I never saw a company of bolder and + brisker fellows in my life; and says he, I have been round the + Tower and seen the avenues of it; and I do not think it will be + hard, in a little time, to possess ourselves of it; but says + he, they are in the wrong way, yet we are engaged to be ready + for them in a fortnight, and therefore, says he, now we must + apply ourselves to it as well as we can. And thereupon I + believe they did send into the country and the duke of Monmouth + told me he spake to Mr. Trenchard, who was to take particular + care of Somersetshire, with this circumstance; Says he, I + thought Mr. Trenchard had been a brisker fellow; for when I + told him of it, he looked so pale, I thought he would have + swooned, when I brought him to the brink of action; and said, I + pray go and do what you can among your acquaintance; and truly + I thought it would have come then to action. But I went the + next day to him, and he said it was impossible, they could not + get the gentlemen of the country to stir yet. + + LORD RUSSELL--My lord, I think I have very hard measure, here + is a great deal of evidence by hearsay. + + LORD CHIEF-JUSTICE--This is nothing against you, I declare it + to the jury. + + ATTORNEY-GENERAL--If you please, my lord, go on in the method + of time. This is nothing against you, but it's coming to you, + if your lordship will have patience, I assure you. + + LORD HOWARD--This is just in the order it was done. When this + was put off, then they were in a great hurry; and Captain + Walcot had been several times with me, and discoursed of it. + But upon this disappointment they said, it should be the + dishonour of the lords, that they were backward to perform + their parts; but still they were resolved to go on. And this + had carried it to the latter end of October. About the 17th or + 18th captain Walcot came to me, and told me, now they were + resolved positively to rise, and did believe that a smart party + might perhaps meet with some great men[16]. Thereupon I told + the duke of it; I met him in the street and went out of my own + coach into his, and told him there was some dark intimation, as + if there might be some attempt upon the king's person; with + that he struck his breast with a great emotion of spirit, and + said, God-so, kill the king! I will never suffer that. Then he + went to the play-house to find sir Thomas Armstrong and send + him up and down the city to put it off, as they did formerly; + and it was done with that success, that we were all quieted in + our minds, that at that time nothing would be done: but upon + the day the king came from Newmarket, we dined together; the + duke of Monmouth was one, and there we had a notion conveyed + among us, that some bold action should be done that day; which + comparing it with the king's coming, we concluded it was + designed upon the king. And I remember my lord Grey, says he, + By God, if they do attempt any such thing, it can't fail. We + were in great anxiety of mind, till we heard the king's coach + was come in, and sir Thomas Armstrong not being there, we + apprehended that he was to be one of the party (for he was not + there). This failing, it was then next determined (which was + the last alarum and news I had of it), to be done upon the 17th + of November, the anniversary of queen Elizabeth; and I remember + it by this remark I made myself, that I feared it had been + discovered, because I saw a proclamation a little before + forbidding public bonfires without leave of my lord mayor. It + made some impressions upon me that I thought they had got an + intimation of our intention, and had therefore forbid that + meeting. This therefore of the 17th of November being also + disappointed, and my lord Shaftesbury, being told things were + not ripe, in the country, took shipping and got away: and from + that time I heard no more of him till I heard he was dead. + Now, Sir, after this, we all began to lie under the same sense + and apprehensions that my lord Shaftesbury did, that we had + gone so far, and communicated it to so many, that it was unsafe + to make a retreat; and this being considered, it was also + considered, that so great an affair as that was, consisting of + such infinite particulars, to be managed with so much fineness, + and to have so many parts, it would be necessary, that there + should be some general council, that should take upon them the + care of the whole. Upon these thoughts we resolved to erect a + little Cabal among ourselves, which did consist of six persons; + and the persons were the duke of Monmouth, my lord of Essex, my + lord Russell, Mr. Hambden junr., Algernone Sidney, and myself. + + ATTORNEY-GENERAL--About what time was this, when you settled + this council? + + LORD HOWARD--It would have been proper for me in the next place + to tell you that, and I was coming to it. This was about the + middle of Jan. last (as near as I can remember); for about that + time we did meet at Mr. Hambden's house. + + ATTORNEY-GENERAL--Name those that met. + + LORD HOWARD--All the persons I named before; that was the duke + of Monmouth, my lord of Essex, my lord Russell, col. Sidney; + Mr. Hambden junr., and myself; when we met there, it was + presently agreed what their proper province was, which was to + have a care of the whole; and therefore it was necessary some + general things should fall under our care and conduct which + could not possibly be conducted by individual persons. The + things that did principally challenge this care, we thought + were these: Whether the insurrection was most proper to be + begun in London, or in the country, or both at one instant. + This stood upon several different reasons: It was said in the + country; and I remember the Duke of Monmouth insisted upon it, + that it was impossible to oppose a formed, well-methodized and + governed force, with a rabble hastily got together; and + therefore whatever number could be gathered in the city, would + be suppressed quickly, before they could form themselves: + therefore it would be better to begin it at such a distance + from the town, where they might have an opportunity of forming + themselves, and would not be subject to the like panic fear, as + in the town, where half an hour would convey the news to those + forces that in another half hour would be ready to suppress + them. + +It was further suggested that if the meeting was remote from London, the +King must either give an opportunity for a rising there by withdrawing +troops, or else give the insurgents time to gather head. Other questions +discussed were what counties and towns were the fittest for action, what +arms were necessary, how the £20,000 or £30,000 which the Duke of +Monmouth considered necessary for the rising were to be raised; lastly +and chiefly how to 'order it, as to draw Scotland into a consent with +us.' Another meeting was held ten days afterwards at Lord Russell's, +when the same persons were present. It was then decided to send +messengers to Lord Argyle 'to settle an understanding with him, and +others to invite to England persons' that were judged most able to +understand the state of Scotland, and give an account of it. Aaron +Smith[17] was accordingly sent to Sir John Cochram[18], Lord +Melvile[19], and Sir ---- Campbell, and received sixty guineas from +Algernon Sidney for his expenses. It was agreed that the conspirators +should not meet together again till Aaron Smith's return. His absence +for a month caused some apprehensions; 'but if his letters had +miscarried, it could have done no great hurt, for it carried only a kind +of cant in it; it was under the disguise of a plantation in Carolina.' + + ATTORNEY-GENERAL--You are sure my lord Russell was there? + + LORD HOWARD--Yes, sir; I wish I could say he was not. + + ATTORNEY-GENERAL--Did he sit there as a cypher? What did my + lord say? + + LORD HOWARD--Every one knows my lord Russell is a person of + great judgment, and not very lavish in discourse. + + SERJEANT JEFFREYS--But he did consent? + + LORD HOWARD--We did not put it to the vote, but it went without + contradiction, and I took it that all there gave their consent. + + SOLICITOR-GENERAL--The raising of money you speak of, was that + put into in any way? + + LORD HOWARD--No, but every man was to put themselves upon + thinking of such a way, that money might be collected without + administering jealousy. + + ATTORNEY-GENERAL--Were there no persons to undertake for a + fund? + + LORD HOWARD--No, I think not. However it was but opinion, the + thing that was said was jocosely, rather than anything else, + that my lord of Essex had dealing in money, and therefore he + was thought the most proper person to take care of those + things; but this was said rather by way of mirth, than + otherwise. + +Howard then withdrew to Essex to see after some private affairs; on +returning to town he heard that Smith had returned with Sir John Cochram +but did not see them. He then went to Bath and had nothing more to do +with the conspiracy. + + LORD CHIEF-JUSTICE--My lord Russell, now if your lordship + pleases, is the time for you to ask him any questions. + + LORD RUSSELL--The most he hath said of me, my lord, is only + hearsay; the two times we met, it was upon no formed design, + only to talk of news, and talk of things in general. + + LORD CHIEF-JUSTICE--But I will tell you what it is he + testifies, that comes nearest your lordship, that so you may + consider of it, if you will ask any questions. He says after my + lord Shaftesbury went off (all before is but inducement, as to + anything that concerns your lordship, and does not particularly + touch you; after his going away he says) the party concerned + with my lord Shaftesbury did think fit to make choice of six + persons to carry on the design of an insurrection or rising, as + he calls it, in the kingdom; and that to that purpose, choice + was made of the Duke of Monmouth, my lord of Essex, your + lordship, my lord Howard, colonel Sidney, and Mr. Hambden. + + LORD RUSSELL--Pray my lord, not to interrupt you, by what party + (I know no party) were they chosen? + + LORD HOWARD--It is very true, we were not chosen by community, + but did erect ourselves by mutual agreement, one with another, + into this society. + + LORD RUSSELL--We were people that did meet very often. + + LORD CHIEF-JUSTICE--Will your lordship please to have any other + questions asked of my lord Howard? + + LORD RUSSELL--He says it was a formed design, when we met about + no such thing. + + LORD CHIEF-JUSTICE--He says that you did consult among + yourselves, about the raising of men, and where the rising + should be first, whether in the city of London, or in more + foreign parts, that you had several debates concerning it; he + does make mention of some of the duke of Monmouth's arguments + for its being formed in places from the city; he says you did + all agree, not to do anything further in it, till you had + considered how to raise money and arms: and to engage the + kingdom of Scotland in this business with you, that it was + agreed among you that a messenger should be sent into the + kingdom of Scotland. Thus far he goes upon his own knowledge, + as he saith; what he says after, of sending a messenger, is by + report only. + + ATTORNEY-GENERAL--I beg your pardon, my lord. + + LORD CHIEF-JUSTICE--It is so, that which he heard concerning + the sending of Aaron Smith. + + ATTORNEY-GENERAL--Will you ask him any questions? + + LORD RUSSELL--We met, but there was no debate of any such + thing, nor putting anything in method. But my lord Howard is a + man that hath a voluble tongue, talks very well, and is full of + discourse, and we were delighted to hear him. + + ATTORNEY-GENERAL--I think your lordship did mention the + Campbells? + + LORD HOWARD--I did stammer it out, but not without a + parenthesis, it was a person of the alliance, and I thought of + the name of the Argyles. + +_Atterbury_ was called, and swore that Sir Hugh Campbell was in his +custody; was captured 'making his escape out of a woodmonger's house, +both he and his son'; he owned that he had been in London four days, and +that he and his son and Bailey came to town together. + + +_West[20] was then called and sworn._ + + ATTORNEY-GENERAL--That which I call you to, is to know whether + or no, in your managery of this plot, you understand any of the + lords were concerned, and which. + + MR. WEST--My lord, as to my lord Russell, I never had any + conversation with him at all, but that I have heard this, that + in the insurrection in November, Mr. Ferguson and colonel + Rumsey did tell me that my lord Russell intended to go down and + take his post in the West, when Mr. Trenchard had failed them. + + LORD CHIEF-JUSTICE--What is this? + + ATTORNEY-GENERAL--We have proved my lord privy to the consults; + now we go about to prove the under-actors did know it. + + WEST--They always said my lord Russell was the man they most + depended upon, because he was a person looked upon as of great + sobriety. + + LORD RUSSELL--Can I hinder people from making use of my name? + To have this brought to influence the gentlemen of the jury, + and inflame them against me, is hard. + + LORD CHIEF-JUSTICE--As to this, the giving evidence by hearsay + will not be evidence; what colonel Rumsey, or Mr Ferguson told + Mr. West, is no evidence. + + ATTORNEY-GENERAL--It is not evidence to convict a man, if there + were not plain evidence before; but it plainly confirms what + the other swears: but I think we need no more. + + JEFFREYS--We have evidence without it, and will not use + anything of garniture; we will leave it as it is, we won't + trouble your lordship any further. I think, Mr. Attorney, we + have done with our evidence. + +The Lord Chief-Justice then recapitulated the evidence given against +Lord Russell, dwelling particularly on the traitorous character of +Rumsey's message, Russell's privity to Trenchard's rising, the alleged +written declaration, and the consultations as to the best method of +effecting a rising, and finally called on Lord Russell to make his +defence. + + LORD RUSSELL--My lord, I cannot but think myself mighty + unfortunate, to stand here charged with so high and heinous a + crime, and that intricated and intermixed with the treasons and + horrid practices and speeches of other people, the king's + counsel taking all advantages, and improving and heightening + things against me. I am no lawyer, a very unready speaker, and + altogether a stranger to things of this nature, and alone, and + without counsel. Truly, my lord, I am very sensible, I am not + so provided to make my just defence, as otherwise I should do. + But, my lord, you are equal, and the gentlemen of the jury, I + think, are men of consciences; they are strangers to me, and I + hope they value innocent blood, and will consider the witnesses + that swear against me, swear to save their own lives; for + howsoever legal witnesses they may be accounted, they can't be + credible. And for col. Rumsey, who it is notoriously known hath + been so highly obliged by the king, and the duke, for him to be + capable of such a design of murdering the king, I think nobody + will wonder, if to save his own life, he will endeavour to take + away mine; neither does he swear enough to do it; and then if + he did, the time by the 13th of this king, is elapsed, it must + be as I understand by the law, prosecuted within six months; + and by the 25 Edw. III. a design of levying war is no treason, + unless by some overt-act it appear.[21] And, my lord, I desire + to know, what statute I am to be tried upon; for generals, I + think, are not to be gone upon in these cases. + +The _Attorney-General_ replies that they are proceeding under the +Statute of 25 Edward III.; that he does not contend that a design to +levy war is treason, but to prepare forces to fight against the King is +a design within the Statute to kill the King; 'to design to depose the +King, to imprison the King, to raise the subjects against the King, +these have been settled by several resolutions to be within that +Statute, and evidences of a design to kill the King.'[22] A man cannot +be convicted of treason by one witness only, but several witnesses to +several acts which manifest the same treason are sufficient. + + JEFFREYS--If my lord will call his witnesses---- + + LORD RUSSELL--This is tacking of two treasons together; here is + one in November by one witness, and then you bring in another + with a discourse of my lord Howard, and he says the discourse + passed for pleasure. + +The Lord Chief-Justice and Jeffreys point out that it has been settled +that the two witnesses required in treason may be witnesses to different +acts, and that if Lord Russell admits the facts his counsel may be heard +on the point of law. + + LORD CHIEF-JUSTICE--My lord, to hear your counsel concerning + this fact, that we cannot do, it was never done, nor will be + done. If your lordship doubts whether this fact is treason or + not, and desires your counsel may be heard to that, I will do + it. + + SOLICITOR-GENERAL--Will your lordship please to call any + witness to the matter of fact? + + LORD RUSSELL--It is very hard a man must lose his life upon + hearsay. Colonel Rumsey says he brought a message which I will + swear I never heard nor knew of. He does not say he spake to + me, or I gave him any answer. Mr. Sheppard remembers no such + thing; he was gone to and again. Here is but one witness, and + seven months ago. + + ATTORNEY-GENERAL--My lord, if there is anything that is law, + you shall have it + + LORD RUSSELL--My lord, colonel Rumsey, the other day before the + king [the information of Rumsey is signed by the Duke of + Abermarle and Sir Leoline Jenkins, Secretary of State] could + not say that I heard it, I was in the room, but I came in late, + they had been there a good while; I did not stay above a + quarter of an hour tasting sherry with Mr. Sheppard. + +Here some of the judges desired that 25 Edw. III. c. 2 should be read, +which was done. The material parts of it declare 'that whereas divers +opinions have been before this time, in what case treason shall be said, +and in what not ... when a man doth compass or imagine the death of our +lord the king ... or if a man do levy war against our lord the king in +his realm, or be adherent to the king's enemies in his realm, giving to +them aid and comfort in the realm, or elsewhere, and thereof be +provable attainted of open deed by people of their condition,' it is +treason. On this the point of law is re-discussed with the same result +as before. + + LORD RUSSELL--I do not know how to answer it. The points + methinks must be quite otherwise, that there should be two + witnesses to one thing at the same time. + + ATTORNEY-GENERAL--Your lordship remembers, in my lord + Stafford's case, there was but one witness to one act in + England, and another to another in France. + + LORD RUSSELL--It was to the same point. + + ATTORNEY-GENERAL--To the general point, the lopping point. + + LORD RUSSELL--I can prove I was out of town when one of these + meetings was; but Mr. Sheppard cannot recollect the day, for I + was out of town all that time. I never was but once at Mr. + Sheppard's and there was nothing undertaken of viewing the + guards while I was there. Col. Rumsey, can you swear + positively, that I heard the message, and gave any answer to + it? + + LORD CHIEF-JUSTICE (to Col. Rumsey)--Sir, did my lord Russell + hear you when you delivered the message to the company? Were + they at the table, or where were they? + + COLONEL RUMSEY--When I came in they were standing at the + fireside; but they all came from the fireside to hear what I + said. + + LORD RUSSELL--Col. Rumsey was there when I came in. + + COLONEL RUMSEY--No, my lord. The duke of Monmouth and my lord + Russell went away together; and my lord Grey, and sir Thomas + Armstrong. + + LORD RUSSELL--The duke of Monmouth and I came together, and you + were standing at the chimney when I came in; you were there + before me. My lord Howard hath made a long narrative here of + what he knew. I do not know when he made it, or when he did + recollect anything; 'tis but very lately, that he did declare + and protest to several people, that he knew nothing against me, + nor of any Plot I could in the least be questioned for. + + LORD CHIEF-JUSTICE--If you will have any witnesses called to + that, you shall, my lord. + + LORD RUSSELL--My lord Anglesey, and Mr. Edward Howard. + + My lord Anglesey stood up. + + LORD CHIEF-JUSTICE--My lord Russell, what do you ask my lord + Anglesey? + + LORD RUSSELL--To declare what my lord Howard told him about me, + since I was confined. + + LORD ANGLESEY--My lord, I chanced to be in town the last week; + and hearing my lord of Bedford was in some distress and trouble + concerning the affliction of his son, I went to give him a + visit, being my old acquaintance, of some 53 years' standing, I + believe; for my lord and I were bred together at Maudlin + College in Oxon; I had not been there but a very little while, + and was ready to go away again, after I had done the good + office I came about; but my lord Howard came in, I don't know + whether he be here. + + LORD HOWARD--Yes, here I am to serve your lordship. + + LORD ANGLESEY--And sat down on the other side of my lord of + Bedford, and he began to comfort my lord; and the arguments he + used for his comfort, were, my lord, you are happy in having a + wise son, and a worthy person, one that can never sure be in + such a Plot as this, or suspected for it, and that may give + your lordship reason to expect a very good issue concerning + him. I know nothing against him, or any body else, of such a + barbarous design, and therefore your lordship may be comforted + in it. I did not hear this only from my lord Howard's mouth, + but at my own home on the Monday after, for I used to go to + Totteridge for fresh air; I went down on Saturday, this + happened to be on Friday (my lord being here, I am glad, for he + cannot forget this discourse); and when I came to town on + Monday I understood that my lord Howard upon that very Sunday + had been church with my lady Chaworth. My lady has a chaplain + it seems that preaches there and does the offices of the + church; but my lady came to me in the evening. This I have from + my lady---- + + LORD CHIEF-JUSTICE--My lord, what you have from my lady is no + kind of evidence at all. + + LORD ANGLESEY--I don't know what my lord is, I am acquainted + with none of the evidence, nor what hath been done; But my lady + Chaworth came to me, and acquainted me there was some + suspicion---- + + JEFFREYS--I don't think it fit for me to interrupt a person of + your honour, my lord, but your lordship knows in what place we + stand here: What you can say of anything you heard of my lord + Howard, we are willing to hear, but the other is not evidence. + As the court will not let us offer hearsays, so neither must we + that are for the king permit it. + + LORD ANGLESEY--I have told you what happened in my hearing. + +_Mr. Howard_ was then called, and after describing steps he took to +prevail on Lord Howard to come over to the King's side, when 'I +sometimes found my lord very forward and sometimes softened him'; and +continuing-- + + LORD CHIEF-JUSTICE--Pray apply yourself to the matter you are + called for. + + MR. HOWARD--This it may be is to the matter, when you have + heard me: for I think I know where I am, and what I am to say. + + LORD CHIEF-JUSTICE--We must desire you not to go on thus. + + MR. HOWARD--I must satisfy the world, as well as I can, as to + myself, and my family, and pray do not interrupt me. After + this, my lord, there never passed a day for almost---- + + LORD CHIEF-JUSTICE--Pray speak to this matter. + + HOWARD--Sir, I am coming to it. + + LORD CHIEF-JUSTICE--Pray, Sir, be directed by the Court. + + HOWARD--Then now, sir, I will come to the thing. Upon this + ground I had of my lord's kindness, I applied myself to my lord + in this present issue, on the breaking out of this Plot. My + lord, I thought certainly, as near as I could discern him (for + he took it upon his honour, his faith, and as much as if he had + taken an oath before a magistrate), that he knew nothing of any + man concerned in this business, and particularly of my lord + Russell, whom he vindicated with all the honour in the world. + My lord, it is true, was afraid of his own person, and as a + friend and a relation I concealed him in my own house, and I + did not think it was for such a conspiracy, but I thought he + was unwilling to go to the Tower for nothing again;[23] so + that if my lord has the same soul on Monday, that he had on + Sunday, this cannot be true, that he swears against my lord + Russell. + + LORD RUSSELL--Call Dr. Burnet.[24] + + LORD RUSSELL--Pray, Dr. Burnet, did you hear anything from my + lord Howard, since the Plot was discovered, concerning me? + + DR. BURNET--My lord Howard was with me the night after the Plot + broke out, and he did then, as he had done before, with hands + and eyes lifted up to heaven, say he knew nothing of any Plot, + nor believed any; and treated it with scorn and contempt. + + LORD HOWARD--My lord, may I speak for myself? + + JEFFREYS--No, no, my lord, we don't call you. + + LORD CHIEF-JUSTICE--Will you please to have any other witnesses + called? + + LORD RUSSELL--There are some persons of quality that I have + been very well acquainted and conversed with. I desire to know + of them, if there was anything in my former carriage to make + them think me like to be guilty of this? My lord Cavendish. + + LORD CAVENDISH--I had the honour to be acquainted with my lord + Russell a long time. I always thought him a man of great + honour, and too prudent and wary a man to be concerned in so + vile and desperate a design as this, and from which he would + receive so little advantage; I can say nothing more, but that + two or three days since the discovery of this plot upon + discourse about Col. Rumsey my lord Russell did express + something, as if he had a very ill opinion of the man, and + therefore it is not likely he would entrust him with such a + secret. + + LORD RUSSELL--Dr. Tillotson.[25] + + LORD CHIEF-JUSTICE--What questions would you ask him, my lord? + + LORD RUSSELL--He and I happened to be very conversant. To know + whether he did ever find anything tending to this in my + discourse. + + LORD CHIEF-JUSTICE--My lord calls you as to his life, and + conversation and reputation. + + DR. TILLOTSON--My lord, I have been many years last past + acquainted with my lord Russell, I always judged him a person + of great virtue and integrity, and by all the conversation and + discourse I ever had with him, I always took him to be a person + very far from any such wicked design he stands charged with. + + LORD RUSSELL--Dr. Burnet, if you please to give some account of + my conversation. + + DR. BURNET--My lord, I have had the honour to be known to my + lord Russell several years, and he hath declared himself with + much confidence to me, and he always upon all occasions + expressed himself against all risings; and when he spoke of + some people would provoke to it, he expressed himself so + determined against that matter that I think no man could do + more. + +_Dr. Thomas Cox_ was then called and said that having seen a great deal +of Lord Russell during the six weeks 'before this plot came out,' he had +always found him against all kind of risings; he expressed distrust of +Rumsey. + + He said, for my lord Howard, he was a man of excellent parts, + of luxuriant parts, but he had the luck not to be much trusted + by any party. + +The _Duke of Somerset_ spoke shortly as to Lord Russell's honour, +loyalty, and justice. + + FOREMAN OF THE JURY--The gentlemen of the jury desire to ask my + lord Howard something upon the point my lord Anglesey + testified, and to know what answer he makes to lord Anglesey. + + LORD CHIEF-BARON--My lord, what say you to it, that you told + his father that he was a discreet man, and he needed not to + fear his engagement in any such thing? + + LORD HOWARD--My lord, if I took it right my lord Anglesey's + testimony did branch itself into two parts, one of his own + knowledge, and the other by hearsay; as to what he said of his + own knowledge, when I waited upon my lord of Bedford, and + endeavoured to comfort him concerning his son, I believe I said + the words my lord Anglesey has given an account of, as near as + I can remember, that I looked upon his lordship as a man of + that honour, that I hoped he might be secure, that he had not + entangled himself in anything of that nature. My lord, I can + hardly be provoked to make my own defence, lest this noble lord + should suffer, so willing I am to serve my lord, who knows I + cannot want affection for him. My lord, I do confess I did say + it; for your lordship well knows under what circumstances we + were: I was at that time to outface the thing, both for myself + and my party, and I did not intend to come into this place, and + act this part. God knows how it is brought upon me, and with + what unwillingness I do sustain it; but my duty to God, the + king, and my country requires it; but I must confess I am very + sorry to carry it on thus far. My lord, I do confess I did say + so, and if I had been to visit my lord Pemberton, I should have + said so. There is none of those that know my lord Russell, but + would speak of my lord Russell, from those topics of honour, + modesty and integrity, his whole life deserves it. And I must + confess that I did frequently say, there was nothing of truth + in this, and I wish this may be for my lord's advantage. My + lord, will you spare me one thing more, because that leans hard + upon my reputation; and if the jury believe that I ought not to + be believed, for I do think the religion of an oath is not tied + to a place, but receives its obligation from the appeal we + therein make to God, and, I think, if I called God and angels + to witness to a falsehood, I ought not to be believed now; but + I will tell you as to that; your lordship knows that every man + that was committed, was committed for a design of murdering the + king; now I did lay hold on that part, for I was to carry my + knife close between the paring and the apple; and I did say + that if I were an enemy to my lord Russell, and to the Duke of + Monmouth, and were called to be a witness, I must have declared + in the presence of God and man, that I did not believe either + of them had any design to murder the king. I have said this, + because I would not walk under the character of a person that + would be perjured at the expense of so noble a person's life, + and my own soul. + +_Lord Clifford_, _Mr. Suton Gore_, _Mr. Spencer_, and _Dr. +Fitz-Williams_ then all gave evidence as to Lord Russell's character in +general terms. + + LORD CHIEF-JUSTICE--My lord, does your lordship call any more + witnesses? + + LORD RUSSELL--No, my lord, I will be very short. I shall + declare to your lordship, that I am one that have always had a + heart sincerely loyal and affectionate to the king, and the + government the best government in the world. I pray as + sincerely for the king's happy and long life as any man alive; + and for me to go about to raise a rebellion, which I looked + upon as so wicked and unpracticable, is unlikely. Besides, if I + had been inclined to it, by all the observation I made in the + country, there was no tendency to it. What some hot-headed + people have done there, is another thing. A rebellion cannot be + made now as it has been in former times; we have few great men. + I was always for the government, I never desired anything to be + redressed, but in a parliamentary and legal way, I have always + been against innovations and all irregularities whatsoever; and + shall be as long as I live, whether it be sooner or later. + Gentlemen, I am now in your hands eternally, my honour, my + life, and all; and I hope the heats and animosities that are + amongst you will not so bias you, as to make you in the least + inclined to find an innocent man guilty. I call to witness + heaven and earth, I never had a design against the king's life, + in my life, nor never shall have. I think there is nothing + proved against me at all. I am in your hands. God direct you. + +The _Solicitor-General_ then proceeds to sum up the case against Lord +Russell. The treason alleged against the prisoner is conspiring the +death of the King; the overt act proving the conspiracy is the +assembling in council to raise arms against the King and raise a +rebellion here. Rumsey was sent by Shaftesbury to Sheppard's house to +ask for news of Trenchard's rising at Taunton; the message was delivered +in Russell's presence and an answer was given as from them all that they +were disappointed there, and were not ready to rise. Monmouth, Grey, and +Armstrong went out to inspect the guards and reported that it was +feasible to surprise them. Russell was present and discussed a rising +with the rest; the rising was to be on the 19th of November. Sheppard +speaks to Ferguson engaging his rooms on behalf of Monmouth; there was +consequently a private meeting there which Russell attended. He confirms +Rumsey as to the inspecting of the guards, and speaks to the reading of +a paper, though he does not say that Russell was there when it was +read. Lord Howard 'gives you an account of many things, and many things +that he tells you are by hearsay. But I cannot but observe to you that +all this hearsay is confirmed by these two positive witnesses.' +Shaftesbury told Howard of the disappointment he had met with from noble +persons who would not join with him; Howard went from Shaftesbury to +Monmouth to expostulate with him; 'and Monmouth said he had always told +him (? Howard or Shaftesbury) he would not engage at that time.' This, +says the Solicitor-General, is confirmed by Rumsey's account of the +delivery of his message. Then follows the abandonment of the rising on +the 19th of November in consequence of the proclamation forbidding the +usual rejoicings on that occasion, and Shaftesbury's departure, leading +to the formation of the committee of six, of whom Lord Russell was one, +and who at one meeting discussed the proper place for the rising and at +another how best to obtain assistance from Scotland. Lord Russell states +that he only came to Sheppard's house by accident, about some other +business, but he came with Monmouth, and Monmouth came by appointment. +Surely this designed and secret meeting must have been intended for the +purposes for which it was used. Lord Russell objects that this evidence +proves no more than a conspiracy to levy war, which is not treason +within 25 Edw. III., and though it is treason within 13 Car. II., that +statute does not apply because the prosecution has not taken place +within six months of the offence. But the case is one of high treason +under 25 Edw. III., because 'to conspire to levy war, is an overt-act +to testify the design of the death of the King'; as to which see Lord +Cobham's case, 1 Jac.[26] A conspiracy to levy war against the king's +person tends to seizing the King, which has always been taken to be +treason. It may be different in the case of a conspiracy to levy war by +such an act as overthrowing all inclosures (which is levying war), which +by construction only is against the King, but such cases are to be +distinguished from the levying of war against the King himself; see the +case of Dr. Story. As was seen in Plunket's[27] case, to invite a +foreign invasion is to conspire the death of the King. Coke, in the +passage before that relied on by Lord Russell, admits that this is the +law. When Coke says that to levy war is not an overt act for compassing +the death of the King (that is, is not evidence of such an intention), +Sir Henry Vane's case shows he is wrong. + + As to the killing of the King, I am apt to think that was below + the honour of the prisoner at the bar ... but this is equal + treason; if they designed only to bring the King into their + power, till he had consented to such things as should be moved + in Parliament, it is equally treason as if they had agreed + directly to assassinate him. + +Lord Howard, it is true, testified repeatedly to Lord Russell's +innocence, but was not this the best way of concealing his own guilt? +Surely Dr. Burnet would look on himself as the last person to whom +conspirators would confess their crimes. + +_Jeffreys_ followed, recapitulating a few of the facts, but adding +nothing to the Solicitor-General's argument. + + LORD CHIEF-JUSTICE--Gentlemen of the jury, the prisoner at the + bar stands indicted before you of High treason in compassing + and designing the death of the king, and declaring of it by + overt-acts endeavouring to raise insurrections, and popular + commotions, in the kingdom here. To this he hath pleaded, Not + Guilty. You have heard the evidence that hath been against him; + it hath been at large repeated by the king's counsel which will + take off a great deal of my trouble in repeating it again. I + know you cannot but take notice of it, and remember it, it + having been stated twice by two of the king's counsel to you; + 'tis long, and you see what the parties here have proved. There + is first of all Col. Rumsey, he does attest a meeting at Mr. + Sheppard's house, and you hear to what purpose he says it was; + the message that he brought, and the return he had; it was to + enquire concerning a rising at Taunton; and that he had in + return to my lord Shaftesbury was, that Mr. Trenchard had + failed them, and my lord must be contented; for it could not be + that time. You hear that he does say, that they did design a + rising; he saith there was a rising designed in November, I + think he saith the seventeenth, upon the day of queen + Elizabeth's birth.[28] You hear he does say there was at that + meeting some discourse concerning inspecting the king's guards, + and seeing how they kept themselves, and whether they might be + surprised, and this he says was all in order to a rising. He + says, that at this my lord Russell was present. Mr. Sheppard + does say, that my lord Russell was there; that he came into + this meeting with the duke of Monmouth and he did go away with + the duke of Monmouth he believes. He says there was some + discourse of a rising or insurrection that was to be procured + within the kingdom: but he does not tell you the particulars of + any thing, he himself does not. My lord Howard afterwards does + come and tell you of a great discourse he had with my lord + Shaftesbury, in order to a rising in the city of London; and my + lord Shaftesbury did value himself mightily upon 10,000 men he + hoped to raise; and a great deal of discourse, he had with my + lord Shaftesbury. This he does by way of inducement to what he + says concerning my lord Russell. + + The evidence against him is some consults that there were by + six of them, who took upon them, as he says, to be a council + for the management of the insurrection, that was to be procured + in this kingdom. He instances in two that were for this + purpose, the one of them at Mr. Hambden's house, the other at + my lord Russell's house. And he tells you at these meetings, + there was some discourse of providing treasure, and of + providing arms; but they came to no result in these things. He + tells you that there was a design to send for some of the + kingdom of Scotland, that might join with them in this thing. + And this is upon the matter, the substance of the evidence, + that hath been at large declared to you by the king's counsel, + and what you have heard. Now gentlemen, I must tell you some + things it lies upon us to direct you in. + + My lord excepts to these witnesses, because they are concerned, + by their own shewing, in this design. If there were any, I did + direct (some of you might hear me) yesterday, that that was no + sufficient exception against a man's being an evidence in the + case of treason, that he himself was concerned in it; they are + the most proper persons to be evidence, none being able to + detect such counsels but them. You have heard my lord Russell's + witnesses that he hath brought concerning them, and concerning + his own integrity and course of life, how it has been sober and + civil, with a great respect to religion, as these gentlemen do + all testify. Now the question before you will be, Whether upon + this whole matter you do believe my lord Russell had any design + upon the king's life, to destroy the king, or take away his + life, for that is the material part here. It is used and given + you (by the king's counsel) as an evidence of this, that he did + conspire to raise an insurrection, and to cause a rising of the + people, to make as it were a rebellion within the nation, and + to surprise the king's guards, which, say they, can have no + other end, but to seize and destroy the king; and 'tis a great + evidence (if my lord Russell did design to seize the king's + guards, and make an insurrection in the kingdom) of a design to + surprise the king's person. It must be left to you upon the + whole matter: you have not evidence in this case as there was + in the other matter that was tried in the morning or + yesterday,[29] against the conspirators to kill the king at the + Rye. There was a direct evidence of a consult to kill the king, + that is not given you in this case: This is an act of + contriving rebellion, and an insurrection within the kingdom, + and to seize his guards, which is urged an evidence, and surely + is in itself an evidence, to seize and destroy the king. + + Upon this whole matter, this is left to you. If you believe the + prisoner at the bar to have conspired the death of the king + and in order to that, to have had these consults, that these + witnesses speak of, then you must find him guilty of this + treason that is laid to his charge. + + Then the Court adjourned till four o'clock in the afternoon, + when the Jury brought the said Lord Russell in guilty of the + said High Treason. + +On July 14th Lord Russell was brought up before the Recorder for +sentence, and, demanding to have the indictment read, pleaded that no +intention to kill the King had been proved. The Recorder, however, +pointed out that the point had already been taken, and that he was bound +by the verdict of the jury. He then condemned the prisoner in the usual +way to be drawn, hanged, and quartered. This sentence was commuted to +beheading, and was carried out on 21st July. + +Lord Russell was accompanied from Newgate to Lincoln's Inn Fields, where +the execution took place, by Tillotson and Burnet. He spoke a few words +on the scaffold, expressing his affection for the Protestant religion, +and denying knowledge of any plot against the King's life, or the +government. He left a paper of considerable interest from a general +point of view justifying his action in relation to the Popish Plot and +the Exclusion Bill. As to his trial, he asserts that he never saw +Sheppard but once, and then there was no undertaking as to seizing the +guards and no one appointed to view them. It may have been discoursed +of then and at other times, but he never consented to it, and once at +Shaftesbury's he strongly protested against it. He had an intention to +try some sherry when he went to Sheppard's; but when he was in town + + the duke of Monmouth came to me and told me he was extremely + glad I had come to town, for my lord Shaftesbury and some hot + men would undo us all, if great care be not taken; and + therefore for God's sake use your endeavours with your friends + to prevent anything of this kind. He told me there would be + company at Mr. Sheppard's that night, and desired me to be at + home in the evening, and he would call me, which he did: And + when I came into the room I saw Mr. Rumsey by the chimney, + although he swears he came in after; and there were things said + by some with much more heat than judgment, which I did + sufficiently disapprove, and yet for these things I stand + condemned. It is, I know, inferred from thence, and was pressed + to me, that I was acquainted with these heats and ill designs, + and did not discover them; but this is but misprision of + treason at most. So I die innocent of the crime I stand + condemned for, and I hope nobody will imagine, that so mean a + thought could enter into me, as to go about to save myself by + accusing others; the part that some have acted lately of that + kind has not been such as to invite me to love life at such a + rate.... I know I said but little at the trial, and I suppose + it looks more like innocence than guilt. I was also advised not + to confess matter of fact plainly, since that must certainly + have brought me within the guilt of misprision[30]. And being + thus restrained from dealing frankly and openly, I chose rather + to say little, than to depart from ingenuity, that by the grace + of God I had carried along with me in the former parts of my + life; so could easier be silent, and leave the whole matter to + the conscience of the jury, than to make the last and solemnest + part of my life so different from the course of it, as the + using little tricks and evasions must have been. + +Lord Russell's attainder was reversed by a private Act of 1 Will. and +Mary on the ground that the jury were not properly returned, that his +lawful challenges to them for want of freehold were refused, and that he +was convicted 'by partial and unjust constructions of the law.' + +FOOTNOTES: + +[1] Sir Francis Pemberton was born 1625, entered Emmanuel College 1640, +entered the Inner Temple 1645, was called 1654, was made a bencher 1671, +a serjeant 1675, and was imprisoned by the House of Commons for an +alleged breach of privilege in the same year. He was made a Judge of the +King's Bench in 1679, and took part as such in several trials connected +with the Popish Plot; he was discharged in 1680, returned to the bar, +and replaced Scroggs as Chief-Justice of the King's Bench in 1681. He +was moved to the Common Pleas in 1683, to allow Sir Edmund Saunders, who +had advised in the proceedings against the City of London, to act as +judge in the case. He was dismissed from his office of judge in the same +year, about five weeks after Lord Russell's trial. Returning to the bar, +he helped to defend the Seven Bishops, but was imprisoned by the +Convention Parliament for a judgment he had given six years before +against Topham, the serjeant-at-arms, who had claimed to be without his +jurisdiction. He bore on the whole a high character for independence and +honesty; and it is curious to learn that he lived to advise the Earl of +Bedford whether Lord Russell's attainder would prevent his son +succeeding to the earldom. + +[2] Sir Robert Sawyer was born in 1633, entered Magdalene College, +Cambridge, in 1648, where he was chamber-fellow with Pepys, joined the +Inner Temple and went the Oxford circuit. He was elected to the House of +Commons for Chipping Wycombe in 1673, and assisted in drafting the +Exclusion Bill. He appeared for the Crown in most of the State Trials of +this period. He afterwards led in the defence of the Seven Bishops, took +part in the Convention Parliament, and was expelled from the House on +account of his conduct in Armstrong's case. He was re-elected and became +Chief-Justice of the King's Bench in 1691, and died in 1692. + +[3] Heneage Finch, first Earl of Aylesford, was born about 1647: he was +educated at Westminster and Christ Church. He entered the Inner Temple, +became Solicitor-General in 1679, being elected to the House of Commons +for the University of Oxford in the same year. He was deprived of office +in 1686, and defended the Seven Bishops. He sat in the House of Commons +in 1685, in all Parliaments from the Convention Parliament (1689) till +he became a peer in 1703, under the title of Baron Guernsey. He was made +Earl of Aylesford on the accession of George I. (1714), and died in +1719. + +[4] See vol. i. p. 240. + +[5] Francis North, Lord Guilford (1637-1685), the third son of the +fourth Lord North, was educated at various Presbyterian schools and St. +John's College, Cambridge. He was called to the bar in 1661, and with +the help of the Attorney-General, Sir Geoffrey Palmer, soon acquired a +large practice. After holding various provincial posts, he became +Solicitor-General in 1671. He entered Parliament in 1673, and became +Attorney-General the same year, becoming Chief-Justice of the Common +Pleas in 1675. He always strongly supported Charles II.'s government, +temporising during the Popish Plot, and being chiefly responsible for +the execution of Colledge. He became Lord Keeper in 1682, and was raised +to the peerage in 1683: but during his tenure of office was much vexed +by intrigues, particularly by the conduct of Jeffreys, who had succeeded +him in the Common Pleas. He is now chiefly remembered on account of the +very diverting and interesting life of him written by his brother Roger. + +[6] Pollexfen. See Note in Alice Lisle's trial, vol. i. p. 241. + +[7] Sir John Holt (1642-1710) was called to the bar in 1663. He appeared +for Danby on his impeachment in 1679, and was assigned to be counsel for +Lords Powys and Arundell of Wardour, who were impeached for +participation in the Popish Plot in 1680, but against whom the +proceedings were stopped after Stafford's conviction. He appeared for +the Crown in several trials preceding that of Lord Russell, and having +expressed an opinion in favour of the Quo Warranto proceedings against +the City of London was appointed Recorder, knighted, and called as a +serjeant in 1685. He was deprived of the recordership after a year on +refusing to pass sentence of death on a deserter, a point which owed its +importance to Charles II.'s attempts to create a standing army; but as +he continued to be a serjeant, he was unable thenceforward to appear +against the Crown. He acted as legal assessor to the Convention called +after the flight of James II., as a member of the House of Commons took +a leading part in the declaration that he had abdicated, and was made +Chief-Justice in 1689. + +[8] This decision and unspecified 'partial and unjust constructions of +law' were the professed ground on which Russell's attainder was +subsequently reversed: see _post_, p. 56. Sir James Stephen (_Hist. +Crim. Law_, vol. i. p. 412) expresses an opinion that the law upon the +subject at the time was 'utterly uncertain.' + +[9] Lord Grey was the eldest son of the second Baron Grey of Werk. He +succeeded his father in 1675: he voted for Stafford's conviction, and +was a zealous exclusionist. He was convicted of debauching his +sister-in-law, Lady Henrietta Berkeley, in 1682, and consequently took +no part in Russell's plot. He was arrested in connection with the Rye +House Plot, but escaped to Holland, whence he returned to take part in +Monmouth's rising. He was captured after Sedgemoor, but his life was +spared on his being heavily fined and compelled to give evidence against +his friends. He left England, but returned with William III., during +whose reign he filled several offices. He was created Earl of +Tankerville in 1695, and died in 1701. + +[10] Lord Howard, the third Lord Howard of Escrick, was born about 1626. +He entered Corpus College, Cambridge. He served in Cromwell's +Life-guards. As a sectary he seems to have favoured the Restoration. He +was committed to the Tower for secret correspondence with Holland in +1674. After succeeding to the peerage he furthered the trial of his +kinsman Stafford. After giving evidence in this trial (see p. 15), he +gave similar evidence against Algernon Sidney, was pardoned, and died in +obscurity at York in 1694. + +[11] The Earl of Essex was the son of the Lord Capel who was one of +Charles I.'s most devoted adherents and lost his life after his vain +defence of Colchester in 1648. The younger Lord Capel was made Earl of +Essex at the Restoration. Though opposed to the Court party by +inclination, he served on various foreign missions, and was +Lord-Lieutenant of Ireland from 1672 to 1677. On his return to England +he associated himself with the Country party, and on Danby's fall was +placed at the head of the Treasury Commission, and thereafter followed +Halifax and Sunderland in looking to the Prince of Orange for ultimate +assistance rather than Shaftesbury, who favoured the Duke of Monmouth. +He left the Treasury in 1679, supported Shaftesbury in 1680 on the +Exclusion Bill, and appeared as a 'petitioner' at Oxford in 1680. He +voted against Stafford. He was arrested as a co-plotter with Russell on +Howard's information, and committed suicide in the Tower on the day of +his trial (see p. 16). + +[12] Algernon Sidney (1622-1683) was the son of the second Earl of +Leicester, and commanded a troop in the regiment raised by his father, +when he was Lord-Lieutenant in Ireland, to put down the Irish rebellion +of 1641. He afterwards came over to England, joined the Parliamentary +forces, and was wounded at Marston Moor. He continued serving in various +capacities, returning for a time to Ireland with his brother, Lord +Lisle, who was Lord-Lieutenant. He was appointed one of the +commissioners to try Charles I., but took no part in the trial. He was +ejected from Parliament in 1653, and adopted a position of hostility to +Cromwell. He remained abroad after the Restoration, though not excepted +from the Act of Indemnity, and lived a philosophic life at Rome and +elsewhere. He tried to promote a rising against Charles in Holland in +1665, and opened negotiations with Louis XIV. during the French war. He +returned to England in 1677 to settle his private affairs, and stayed on +making friends with the leaders of the Opposition, and vainly trying to +obtain a seat in the House of Commons. He quarrelled with Shaftesbury, +who denounced him as a French pensioner (which he probably was), and +seems to have had no connection with his plots. He was arrested on 27th +June, tried by Jeffreys on 7th November, condemned, and executed on 7th +December 1683. + +[13] John Hampden (1656-1696) was the second son of Richard Hampden. +After travelling abroad in his youth he became the intimate friend of +the leaders of the Opposition on his return to England in 1682. He was +arrested with them and tried in 1684, when he was imprisoned on failing +to pay an exorbitant fine. After Monmouth's rising he was tried again +for high treason. As Lord Grey was produced as a second witness against +him, Lord Howard, who had testified before, being the first, he pleaded +guilty, implicating Russell and others by his confession. He was +pardoned, and lived to sit in Parliament after the Revolution; but +falling into obscurity failed to be elected for his native county in +1696, and committed suicide. + +[14] Rumsey had been an officer in Cromwell's army, and had served in +Portugal with distinction. He obtained a post by Shaftesbury's +patronage; and with West, a barrister, was responsible for the Rye House +Plot. According to his own account, he was to kill the King, whilst +Walcot was to lead an attack on the guards. He appeared as a witness in +the trials of Walcot and Algernon Sidney, as well as in the present one. +His last appearance before the public was as a witness against Henry +Cornish, one of the leaders of the opposition of the City to the Court +party, whom he and one Goodenough accused of participation in Russell's +plot, and who was tried and executed in 1685. He had offered to give +evidence against Cornish before, in 1683, but the second witness +necessary to prove treason was not then forthcoming. The unsatisfactory +nature of Rumsey's evidence led to Cornish's property being afterwards +restored to his family, while, according to Burnet, 'the witnesses were +lodged in remote prisons for their lives.' Cornish was arrested, tried +and executed within a week. + +[15] Walcot was an Irish gentleman who had been in Cromwell's army. He +frequented West's chambers, where he met West and Rumsey, who were the +principal witnesses against him. Rumsey's story was that though Walcot +objected to killing the King, he promised to attack the guards. He was +tried and convicted earlier on the same day. + +[16] The following passages seem to give a true account of the measure +of the complicity of Russell and his friends with the Rye House Plot. + +[17] Aaron Smith is first heard of as an obscure plotter in association +with Oates and Speke. He was prosecuted in 1682 for supplying seditious +papers to Colledge, and sentenced to fine and imprisonment. He managed +to escape, however, before sentence was pronounced, and was arrested in +connection with the present trial, when, as nothing could be proved +against him, he was sentenced for his previous offence. After the +Revolution he was appointed solicitor to the Treasury; but failing to +give a good account of various prosecutions which he set on foot, he was +dismissed in 1697. + +[18] Sir John Cochram or Cochrane was the second son of William +Cochrane, created Earl of Dundonald in 1689. He escaped to Holland at +the time of Russell's trial, took part in Argyle's insurrection in 1685, +turned approver, and farmed the poll tax after the Revolution, but was +imprisoned in 1695 on failing to produce proper accounts. + +[19] George Melville was the fourth baron and the first Earl of +Melville. He supported the Royalist cause in Scotland, and tried to +induce a settlement with the Covenanters before the battle of Bothwell +Bridge. He escaped from England after the discovery of the Rye House +Plot, and appeared at the Court of the Prince of Orange. After the +Revolution he held high offices in Scotland till the accession of Anne, +when he was dismissed. He died in 1707. + +[20] West was a barrister at whose chambers in the Temple Rumsey, +Ferguson, and other plotters used to meet, and it was alleged that the +Rye House Plot was proposed: said by Burnet to have been 'a witty and +active man, full of talk, and believed to be a determined atheist.' + +[21] As to what is treason under 25 Edward III., see _post_, p. 36. +Under 13 Car. II. c. 1 it is treason, _inter alia_, to devise the +deposition of the King; but the prosecution must be within six months of +the commission of the offence. + +[22] The question was, 'What is included in the expressions "Imagine the +King's death" and "Levying war against the King"?' The Attorney-General +was evidently placing a gloss on them, which was perhaps justified from +a wider point of view than a merely legal one. However that may be, the +same process was continued till it culminated in the theory of +'constructive treason,' according to which it was laid down in 1794 that +a man who intended to depose the King compassed and imagined his death. +The matter was eventually decided in 1795 by a statute which made such +an intent and others of the same kind treason of themselves. See further +Stephen's _History of Criminal Law_, vol. ii. pp. 243-283. + +[23] He had been twice sent to the Tower: once in 1674 in consequence of +the discovery of a secret correspondence with Holland; once in 1681 on a +false charge by Edward Fitzharris of writing the _True Englishman_, a +pamphlet advocating the deposition of Charles II. and the exclusion of +the Duke of York, which was in fact written by Fitzharris, it is +suggested with the purpose of imputing its authorship to the Whigs. It +is no doubt the second of these occasions that is referred to. + +[24] Burnet had at this time retired into private life, having lost the +Court favour which he had gained at an earlier period. He had been an +intimate friend of Stafford, and was living on terms of the closest +intimacy with Essex and Russell at the time of their arrest. After +Russell's execution he left the country, and eventually found his way to +the Hague just before the Revolution, where he performed services for +William and Mary requiring the utmost degree of confidence. He landed at +Torbay with William, soon became Bishop of Salisbury, and until the end +of William's life remained one of his most trusted councillors. He +retained a position of great influence under Anne, and died in 1715. In +relation to his evidence in this case, it is interesting to read in his +history that Russell was privy to a plot for promoting a rebellion in +the country and for bringing in the Scotch. He says further: 'Lord +Russell desired that his counsel might be heard to this point of seizing +the guards; but that was denied unless he would confess the fact, and he +would not do that, because as the witnesses had sworn it, it was false. +He once intended to have related the whole fact just as it was; but his +counsel advised him against it'; in fact Russell admitted that he knew +of a traitorous plot, and did not reveal it. 'He was a man of so much +candour that he spoke little as to the fact; for since he was advised +not to tell the whole truth, he could not speak against that which he +knew to be true, though in some particulars it had been carried beyond +the truth.' See too _post_, p. 55. + +[25] John Tillotson (1630-1694) was the son of a weaver of Sowerby. He +entered Clare Hall in 1647, and became a a fellow of the same college in +1651. He received an early bias against Puritanism from Chillingworth's +_Religion of Protestants_, and his intercourse with Cudworth and others +at Cambridge. He became tutor to the son of Prideaux, Cromwell's +Attorney-General in 1656; he was present at the Savoy Conference in +1661, and remained identified with the Puritans till the passing of the +Act of Uniformity in 1662; afterwards he became curate of Cheshunt in +Hertfordshire and rector of Keddington in Suffolk. In 1664 he was known +as a celebrated preacher, and was appointed preacher in Lincoln's Inn. +In 1678 and 1680 he preached sermons to the House of Commons and the +King respectively, exhorting the former to legislation against Popery, +and pointing out to the latter that whilst Catholics should be +tolerated, they should not be allowed to proselytise. He attended +Russell on the scaffold, and with Burnet was summoned before the Council +on a suspicion of having helped to compose Russell's published speech. +He acquired great influence after the Revolution; and having exercised +the archiepiscopal jurisdiction of the province of Canterbury during +Sancroft's suspension, became himself archbishop in 1691. + +[26] Henry Brooke, the eighth Lord Cobham, after losing Court favour on +the death of Elizabeth, was accused in 1603 of plotting with Aremberg, +the Spanish ambassador, to place Arabella Stuart on the throne, and to +kill the King. His evidence contributed largely to the conviction of Sir +Walter Raleigh of the same treason, and he was tried and convicted the +next day. He was kept in prison till 1617, when he was allowed to go to +Bath on condition that he returned to prison; but he was struck by +paralysis on his way back and died in 1619. See vol. i. pp. 19-57. + +[27] Oliver Plunket (1629-1681) was Roman Catholic bishop of Armagh and +titular primate of Ireland. He attained these positions in 1669; in 1674 +he went into hiding when the position of the Catholics in England drew +attention to their presence in Ireland. He was arrested, on a charge of +complicity with the Popish Plot in 1678, and eventually tried in the +King's Bench for treason in 1681 by Sir Francis Pemberton, when the law +was laid down as stated above. He was convicted, hung, beheaded and +quartered. + +[28] Rumsey says the 19th, Howard the 17th. The 17th was the anniversary +of the Queen's accession. + +[29] Thomas Walcot and William Hone, tried for and convicted of +participation in the Rye House Plot. + +[30] See _ante_, p. 42. + + + + +THE EARL OF WARWICK + + + March 28, 1699. About eleven of the clock the Lords came from + their own house into the court erected in Westminster hall, for + the trials of Edward, earl of Warwick and Holland, and Charles + lord Mohun[31], in the manner following. The lord high + steward's gentleman attendants, two and two. The clerks of the + House of Lords, with two clerks of the crown in the Courts of + Chancery and King's Bench. The masters of Chancery, two and + two. Then the judges. The peers' eldest sons, and peers minors, + two and two. Four serjeants at arms with their maces, two and + two. The yeoman usher of the house. Then the peers, two and + two, beginning with the youngest barons. Then four serjeants at + arms with their maces. Then one of the heralds, attending in + the room of Garter, who by reason of his infirmity, could not + be present. And the gentleman usher of the Black Rod, carrying + the white staff before the lord high steward. Then the lord + chancellor, the lord high steward, of England, alone. + + When the lords were seated on their proper benches, and the + lord high steward on the wool-pack; the two clerks of the crown + in the courts of Chancery and King's Bench, standing before the + clerk's table with their faces towards the state; + + The clerk of the crown in Chancery having his majesty's + commission to the lord high steward in his hands, made three + reverences towards the lord high steward, and the clerk of the + crown in Chancery on his knees presented the commission to the + lord high steward, who delivered it to the clerk of the crown + in the King's bench (then likewise kneeling before his grace) + in order to be opened and read; and then the two clerks of the + crown making three reverences, went down to the table; and the + clerk of the crown in the King's Bench commanded the serjeant + at arms to make proclamation of silence; which he did in this + manner. + + SERJEANT-AT-ARMS--O yes, O yes, O yes, My lord high steward his + grace does straitly charge and command all manner of persons + here present, to keep silence, and hear the king's majesty's + commission to his grace my lord high steward of England + directed, openly read, upon pain of imprisonment. + +Then the lord high steward[32] asked the peers to be pleased to stand +up uncovered, while the King's commission was read. And the peers stood +up, uncovered, and the King's commission was read in Latin, by which it +was set out that the Grand Jury of the County of Middlesex had found a +true bill of murder against the Earl of Warwick and Lord Mohun, which +the peers were commissioned to try. Proclamation that all persons there +present should be uncovered, was then made, and the return of +_certiorari_, bringing the indictment before the House of Lords, was +read in Latin. + +Order was then made that the judges might be covered, and the governor +of the tower was ordered to produce the earl of Warwick; and he was +brought to the bar by the deputy-governor, having the axe carried before +him by the gentleman gaoler, who stood with it at the bar, on the right +hand of the prisoner, turning the edge from him. + +The lord high steward then informed the prisoner that he had been +indicted of murder by the Grand Jury for the county of Middlesex, on +which indictment he would now be tried; and proceeded-- + + Your lordship is called to answer this charge before the whole + body of the house of peers as assembled in parliament. It is a + great misfortune to be accused of so heinous an offence, and it + is an addition to that misfortune, to be brought to answer as a + criminal before such an assembly, in defence of your estate, + your life, and honour. But it ought to be a support to your + mind, sufficient to keep you from sinking under the weight of + such an accusation, that you are to be tried before so noble, + discerning, and equal judges, that nothing but your guilt can + hurt you. No evidence will be received, but what is warranted + by law; no weight will be laid upon that evidence, but what is + agreeable to justice; no advantage will be taken of your + lordship's little experience in proceedings of this nature; nor + will it turn to your prejudice, that you have not the + assistance of counsel in your defence, as to the fact (which + cannot be allowed by law), and their lordships have already + assigned you counsel if any matter of law should arise. + +After a little more to the same effect the indictment was read, first in +Latin, then in English, and the earl of Warwick pleaded Not Guilty. + +The indictment was then opened by Serjeant Wright,[33] to the effect +that the prisoner was accused of murdering Richard Coote on the 30th of +October, by stabbing him, together with Lord Mohun, Richard French, +Roger James, and George Dockwra. + +The _Attorney-General_[34] then opened the case, as follows:-- + + ATTORNEY-GENERAL--May it please your lordships, I am of counsel + in this cause for the king against this noble lord, Edward earl + of Warwick and Holland, the prisoner at the bar, who stands + indicted by the grand jury of the County of Middlesex, has been + arraigned, and is now to be tried before your lordships for the + felonious killing and murdering of Mr. Coote, in the indictment + named; the evidence to make good this charge against this noble + lord, it comes to my turn to open to your lordships. + + My lords, the case, as to the fact, according to my + instructions, is this: Upon Saturday, the 29th of October last, + at night, my lord of Warwick, my lord Mohun, Mr. French, Mr. + Dockwra, and Mr. Coote, the unfortunate gentleman who was + killed, met together at one Locket's who kept the + Greyhound-tavern in the Strand, and there they staid till it + was very late; about twelve of the clock at night, or + thereabouts, a messenger was sent by the company to fetch + another gentleman, Mr. James; and Mr. James coming to them, in + what condition your lordships will be told by the witnesses; + about one of the clock in the morning, on Sunday, the 30th of + October, they all came down out of the room where they had been + so late, to the bar of the house, and there, as the witnesses + will tell your lordships, swords were drawn, and the chairs + were called for, and two chairs which were nearest at hand + came, and two of the company went into those chairs; who they + were, and what past at that time, the witnesses will tell your + lordships; those that got into those chairs came out again, and + more chairs were called for. But I must acquaint your + lordships, that my lord Mohun, when the two gentlemen that went + into the chairs ordered the chairmen to take them up, and carry + them away, spoke to them to stop and go no further, for there + should be no quarreling that night, and that he would send for + the guards and secure them, and after this they came out of the + chairs again; it will appear there were swords drawn amongst + all of them, and some wounds given: more chairs being called + for, and brought, this noble lord that is here at the bar, my + lord of Warwick, my lord Mohun, and the other four gentlemen, + went all into the chairs, and gave the chairmen directions, + whither they should carry them, at leastwise the foremost had + directions given them, and the rest were to follow them; it was + a very dark night, but at last they came all to + Leicester-square; and they were set down a little on this side + the rails of the square, and when the chairmen had set them + down they went away; but immediately some of them heard my + lord of Warwick calling for a chair again, who came towards the + rails, and there they found two of the gentlemen, that had been + carried in some of the other chairs, holding up Mr. Coote + between them, and would have had the chairmen carried him away + to a surgeon's, but they found he was dying, and so would not + meddle with him; afterwards my lord of Warwick and Mr. French + were carried by two of the chairs to Mr. Amy's, the surgeon at + the Bagnio in Long-acre, where Mr. French being wounded, was + taken care of particularly by the recommendation of my lord of + Warwick, and the master of the house was called up, it being + very late; Mr. Coote's sword was brought to that place, but by + whom it was brought we cannot exactly say. While my lord of + Warwick and captain French were there, and my lord of Warwick + had given orders for the denying of himself, and forbid the + opening of the door, there came the other two gentlemen, Mr. + James and Mr. Dockwra, and upon their knocking at the door they + were let in by my lord's order, after he had discovered who + they were, looking through the wicket. Mr. James had his sword + drawn, but it was broken. My lord of Warwick's hand was + slightly wounded, and his sword bloody up to the hilt when he + came in, as will be proved by the testimony of the servants in + the House. There was a discourse between my lord, Mr. James and + Mr. Dockwra, about going into the country; but before they + went, the swords were all called for to be brought to them, and + upon enquiry, there was no blood found upon Mr. French's sword, + but a great deal upon my lord of Warwick's, of which great + notice was taken at that time. Mr. Coote, who was killed, had + received one wound in the left side of his breast, half an + inch wide, and five deep, near the collar bone; he had likewise + another wound upon the left side of his body; both which your + lordships will hear, in the judgment of the surgeon, were + mortal wounds, and the evidence will declare the nature of + them. + + My lords, the evidence does chiefly consist of, and depend on + circumstances, the fact being done in the night, and none but + the parties concerned being present at it; we shall lay the + evidence before your lordships, as it is, for your judgment, + and call what witnesses we have on behalf of the king, against + this noble peer the prisoner at the bar, and take up your + lordships' time no further in opening; and we shall begin with + Samuel Cawthorne; he is a drawer at the tavern where those + lords and gentlemen were together, and he will give you an + account of the time they came there, how long they staid, what + happened in the house during their being there, and what time + they went away. + + LORD HIGH STEWARD--Give him his oath. (Which the clerk did.) + + ATTORNEY-GENERAL--My lords, I doubt the witness is so far off, + that it will be difficult for him to hear the questions that we + are to ask him, unless we could have him nearer to us. + + LORD HIGH STEWARD--Mr. Attorney, my lords seem to be of opinion + that it will be more for your advantage and theirs that the + witnesses stand at the distance they do; which will oblige you + to raise your voice so loud, that they may hear the witnesses + and you too. + + ATTORNEY-GENERAL--Is your name Samuel Cawthorne? + + CAWTHORNE--Yes, my lord. + + ATTORNEY-GENERAL--Where do you live? + + CAWTHORNE--With Mr. Locket at Charing-cross. + + ATTORNEY-GENERAL--Did you live with him at the Greyhound tavern + in the Strand the latter end of October last? + + CAWTHORNE--Yes, I did. + + ATTORNEY-GENERAL--Well, pray will you acquaint my lords with + the time when my lord of Warwick, my lord Mohun, and Mr. Coote + were at that house, how long they stayed, what happened while + they were there, and when they went away? + + CAWTHORNE--It was Saturday night, the 29th of October last. + + ATTORNEY-GENERAL--Pray tell my lords the whole of your + knowledge in the matter. + + CAWTHORNE--There came my lord of Warwick, my lord Mohun, + captain Coote, capt. French, and captain Dockwra, the 29th of + October last, in the evening, to my master's house at the + Greyhound tavern in the Strand. + + ATTORNEY-GENERAL--How long were they there, and what time of + night came they in? + + CAWTHORNE--About 8 o'clock at night, my lord Warwick, my lord + Mohun, capt. French, and capt. Coote, came in. + + ATTORNEY-GENERAL--What day do you say it was? + + CAWTHORNE--Saturday, the 29th of October last. + + ATTORNEY-GENERAL--How long did they continue there? + + CAWTHORNE--It was between one and two the next morning before + they went away. + + ATTORNEY-GENERAL--Was any body sent for to come to them there? + + CAWTHORNE--Yes, Mr. James. + + ATTORNEY-GENERAL--What time was that? + + CAWTHORNE--About twelve of the clock. + + ATTORNEY-GENERAL--Did he stay with them till they went away? + + CAWTHORNE--Yes. + + ATTORNEY-GENERAL--What did you observe pass in the company + while they were there? + + CAWTHORNE--I did not observe any thing of quarrel, not so much + as an angry word amongst them, till they came down to the bar + and were going away; when they came down to the bar they + ordered me to call them chairs, or coaches; and there were no + coaches to be had, and so I went for chairs, and two chairs + came; for the porter that went to call the coaches was a great + while before he came back; and, as I said, I going for chairs, + there came two; but that they said was not enough; so more + chairs were called for, and at length there were more chairs + gotten; in the first three chairs, my lord of Warwick, my lord + Mohun, and captain Coote went away in; and my lord Warwick and + my lord Mohun bid the chairmen carry them home. + + ATTORNEY-GENERAL--Were there then any other chairs at the door? + + CAWTHORNE--There were two more chairs at the door, and another + was called for. + + ATTORNEY-GENERAL--Did you hear any directions given where they + should carry them? + + CAWTHORNE--My lord Warwick and my lord Mohun bid them carry + them home. + + ATTORNEY-GENERAL--Did you hear my lord Warwick or my lord Mohun + particularly, and which, say whither they would be carried? + + CAWTHORNE--I did hear my lord Mohun say, captain Coote should + go and lie with him, or he would go and lie with capt. Coote + that night, for there should be no quarrelling. + + ATTORNEY-GENERAL--Did they upon that go away? + + CAWTHORNE--Mr. French and Mr. Coote were in chairs before my + lord Mohun or my lord Warwick, or any of the rest. + + ATTORNEY-GENERAL--What then happened upon their going into the + chairs? + + CAWTHORNE--My lord Mohun came out to them and swore there + should be no quarrel that night, but he would send for the + guards and secure them. + + ATTORNEY-GENERAL--What happened then? + + CAWTHORNE--Upon that, both of them came out of their chairs and + came into the house, and there they came to the bar three of + them in the passage by the bar, and three of them behind that + passage. + + ATTORNEY-GENERAL--Pray, will you tell what did really pass + throughout the whole transaction? What was done after they came + in again into the house? + + CAWTHORNE--After that, I was bid to call for six chairs, if I + could get no coaches, and so I did; and when I had brought what + chairs I could get, and returned to the bar I heard the swords + clash; when the swords were drawn I cannot say, nor by whom, it + might be by all the six, for aught I know, because I was in the + street to call the chairs, and when I came back to the house, I + was in hopes all had been quieted, for their swords were + putting up: and when they went away in the chairs, I did hope + they went away friendly. + + ATTORNEY-GENERAL--Pray, how did they go away? who went + together? + + CAWTHORNE--My lord of Warwick, my lord Mohun, and captain + Coote went in the first three chairs, them three together, and + bid the chairmen go home; the sixth chair was not then come. + + ATTORNEY-GENERAL--When that chair came, pray what directions + were given to it? + + CAWTHORNE--I did not hear them give the chairmen any directions + at all. + + ATTORNEY-GENERAL--Do you know any thing more that was done + after this time? + + CAWTHORNE--No, my lord, not after they went away; after I + returned with the chairs, it was in two minutes' time that they + went away. + + ATTORNEY-GENERAL--My lords, I suppose he knows no more of the + matter. + + LORD HIGH STEWARD--Will you then ask him no more questions, Mr. + Attorney? + + ATTORNEY-GENERAL--No, my lords, unless this noble lord shall + ask him any questions, upon which we shall have occasion to + examine him. + + LORD HIGH STEWARD--My lord, has your lordship any questions to + ask this witness? For now is your time, the king's counsel + having done examining him. + + EARL OF WARWICK--I desire to ask him, whether I did not bid the + chairmen go home? + + LORD HIGH STEWARD--If your lordship please to propose your + question to me, I will require an answer to it from the + witness, and it will be the better heard by my lords. + + EARL OF WARWICK--My lord, I desire to know of this man, + whether, when I went away in the chair from his master's house + I did not bid the chairmen go home? + + LORD HIGH STEWARD--Witness, you hear my lord's question, what + say you to it? + + CAWTHORNE--Yes; my lord of Warwick did bid the chairmen go + home. + + EARL OF WARWICK--My lord, I have another question to ask him. + Whether he knows of any quarrel there was between me and Mr. + Coote at that time, or any other time; because we both used to + frequent that house? + + CAWTHORNE--No, my lords, I never heard any angry words between + my lord Warwick and Mr. Coote in my life. + + [Then the lords towards the upper end of the House complaining + that they did not hear his Grace, the Lord High Steward was + pleased to repeat the question thus:] + + LORD HIGH STEWARD--When my lord of Warwick bid the chairmen go + home, or at any other time, did you observe that there had been + any quarrel between his lordship and Mr. Coote? + + EARL OF WARWICK--My lord, I desire he may be asked, since we + both used that house, Whether that night, when I went away, or + before or after, I had any quarrel with Mr. Coote? + + LORD HIGH STEWARD--The question my lord desires you, that are + the witness, to answer, is, Whether you did hear any + quarrelling or angry words to pass between my lord Warwick and + Mr. Coote that night before or after they came down, or when + they went away, or at any other time? + + CAWTHORNE--No, my lord, I never heard any angry words pass + between them then, nor ever at any time before in all my life, + but I always looked upon them to be very good friends. + + EARL OF WARWICK--I desire he may be asked, Whether Mr. Coote + did not come to that house in my company, and whether he did + not frequently come to that house? + + CAWTHORNE--Yes; they used to be there every day almost, and + they came that night together in company. + + EARL OF WARWICK--I desire he may be asked, whether I have not + been frequently in his company there? + + CAWTHORNE--Yes; I say very frequently, every day almost, + sometimes twice a-day. + + LORD HIGH STEWARD--Would your lordship ask him any other + question? + + EARL OF WARWICK--My lord, I desire he may be asked this + question, whether he knows of any particular kindness between + Mr. Coote and me? + + LORD HIGH STEWARD--Do you know of any particular kindness + between my lord Warwick and Mr. Coote, the gentleman that was + killed? + + CAWTHORNE--Yes, my lord, there was always a great kindness + between them, as I observed: it ever was so, and I never heard + angry words pass between them, but they were very good friends + constantly; I waited upon them generally when they were at my + master's house, which was every day almost. + + EARL OF WARWICK--I desire to know of this witness, whether he + does not remember, or can name, some particular kindnesses that + passed between Mr. Coote and me? + + LORD HIGH STEWARD--Can you specify any particular instances of + kindness that passed between my lord Warwick and Mr. Coote? + + CAWTHORNE--Yes; my lord of Warwick used generally to pay the + reckoning for Mr. Coote, and he did so at this time. + + EARL OF WARWICK--My lord, I desire he may be asked, between + whom he apprehended the quarrel to be at this time? + + LORD HIGH STEWARD--You say, friend, there were swords drawn and + a quarrelling at the bar; can you tell between whom the quarrel + was? + + CAWTHORNE--My lord Warwick, my lord Mohun, and capt. Coote, + were all on one side, and the other three were on the other + side. + + EARL OF WARWICK--Who were the two persons that it was + apprehended the quarrel was between? I desire he may be asked. + + LORD HIGH STEWARD--You say, there were three on the one side, + and three on the other; pray, between whom did you apprehend + the quarrel to be? + + CAWTHORNE--I believe the quarrel was between Mr. Coote and Mr. + French. + + EARL OF WARWICK--My lord, I desire to know of this witness, + what words he heard Mr. Coote say after he and Mr. French + returned into the house and came out of the chairs. + + LORD HIGH STEWARD--What do you say to the question my lord + proposes? + + CAWTHORNE--I heard Mr. Coote say, he would laugh when he + pleased, and he would frown when he pleased, God damn him. + + EARL OF WARWICK--My lord, I desire to know, who he thinks those + words were addressed to? + + LORD HIGH STEWARD--To whom did Mr. Coote speak these words? + + CAWTHORNE--Whether he spoke them particularly to Mr. French or + to the other two gentlemen who were on the other side of the + bar, I cannot directly tell. + + EARL OF WARWICK--I desire to know of him, whether Mr. Coote was + not one of the three that was on the outside of the bar? + + CAWTHORNE--Yes, my lord of Warwick, my lord Mohun, and capt. + Coote, were of the outside of the bar. + + EARL OF WARWICK--Was capt. Coote with me in the beginning of + the night at that house? + + CAWTHORNE--Yes, he came at the beginning of the night with my + lord of Warwick. + + EARL OF PETERBOROUGH--My lords, I desire to ask this witness + one question. + + LORD HIGH STEWARD--I think it is proper, my lords, in point of + method, to let both sides have done before any questions be + asked by any of my noble lords. + + EARL OF PETERBOROUGH--I did apprehend my lord of Warwick had + done. + + LORD HIGH STEWARD--No, my lord, not as yet; pray, my lord of + Warwick, what other questions has your lordship to ask of this + witness? + + EARL OF WARWICK--My lord, I desire he may be asked particularly + this question, whether he perceived any quarrel particularly + between me and capt. Coote when we went out of the house? + + LORD HIGH STEWARD--You hear the question, did you perceive any + quarrel between my lord Warwick and Mr. Coote before they went + out of the house? + + CAWTHORNE--No, I did not; nor ever saw any quarrel between them + in my life. + + EARL OF WARWICK--I desire to know who paid the reckoning that + night? + + CAWTHORNE--The reckoning was called for before I came in to + take it; and though I think my lord of Warwick paid for Mr. + Coote, yet I cannot so directly tell, because it was collected + before I came into the room to receive it. + + LORD HIGH STEWARD--My lord, have you any thing more to ask this + witness? + + EARL OF WARWICK--No, my lord, at present, that I think of. + + LORD HIGH STEWARD--My lord Peterborough, your lordship desired + to ask a question, will you please to propose it now? + +The Earl of Peterborough reminded the witness that he had said that +there were two sides, and that Coote and Lord Warwick were on the same +side. He asked what Cawthorne meant by this, and he explained that all +six had their swords drawn; that Mohun, Warwick, and Coote were on one +side of the bar, and the three captains, James, French, and Dockwra on +the other: the cause of quarrel must have occurred above stairs, but he +heard nothing pass between them. + + LORD HIGH STEWARD--But you have not given a satisfactory answer + to that question which the noble lord, my lord Peterborough, + asked you, What reason you had to apprehend that the noble lord + the prisoner at the bar, and capt. Coote were of a side? + + CAWTHORNE--My lord Mohun came to the chairside, when capt. + Coote and capt. French were got into the two first chairs, and + told capt. Coote, that there should be no quarrel that night + but that they three, my lord Warwick, my lord Mohun, and he, + should go home together; and I took them three to be of a side, + because they were on the outside of the bar together; and when + they all went away, their three chairs went away first, all + three together. + + LORD HIGH STEWARD--Is that all the reason you can give why you + say, they were three and three of a side? + + CAWTHORNE--Yes, my lord, I did apprehend it so. + + ATTORNEY-GENERAL--If my noble lords have done with their + questions I desire to ask this witness another question; my + lords, I think this person says, that there was a quarrel at + the bar of the house, and swords drawn, and as he apprehended, + three were on the one side, and three on the other; but if I + take him right, I do not see that he has given your lordships + any manner of satisfaction, what reason he had to apprehend + there were three and three of a side; or, which will be very + material in this case, if your lordships can get to the + knowledge of it, which three were on the one side, and which + three were on the other; or indeed, whether there were three + and three of a side, as your lordships will have reason + by-and-bye to enquire a little further into that matter. My + lords, I desire he may be asked this plain question, What words + or other passages he did perceive, that made him apprehend + there was a quarrel between them, and they were three and three + of a side? + + CAWTHORNE--I apprehended it from the words that Mr. Coote said, + That he would laugh when he pleased, and frown when he pleased. + + ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked, who + those words were spoken to, and who they were applied to? + + CAWTHORNE--They were spoke to Mr. James, Mr. French, and Mr. + Dockwra, who were within side of the bar. + + ATTORNEY-GENERAL--Did he apply those words to all those + particular persons? + + CAWTHORNE--Yes, as I thought, for they three were within the + bar; my lord Warwick, my lord Mohun, and Mr. Coote, were + without the bar. + + ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked this + question. Was that before the swords were drawn, or afterwards? + + CAWTHORNE--It was before. + + ATTORNEY-GENERAL--Then I desire he may be asked, whether the + swords were drawn upon those words? + + CAWTHORNE--No, my lord; the time of drawing the swords was when + I went out to call chairs and coaches; and I know not who drew + the swords first, or when they were drawn; but when I came back + I found them all drawn, and I heard them clashing. + + ATTORNEY-GENERAL--Upon the oath you have taken, was those words + that you speak of Mr. Coote's that he would laugh when he + pleased, and frown when he pleased, before the swords were + drawn, or after the swords were drawn? + + CAWTHORNE--Before the swords were drawn; for I did not see the + swords drawn till I came back. + +In answer to Lord Wharton, the witness said that Mohun and Warwick had +threatened to send for a file of musketeers, and Mohun had done all he +could to pacify the quarrellers, and he 'particularly had his finger +pricked with endeavouring to cross their swords, and keeping them from +fighting; which was all he got from it.' His hand was bloody; but the +witness did not see him hurt, as he was outside at the time. He +received their reckoning just before they came down to the bar and +stayed there two or three minutes afterwards. It was after Coote came +out of his chair that he heard him speak the words he had deposed to; no +reply was made to them. Mohun, Warwick, and James had all tried to stop +the quarrel and threatened to send for the guard; this was before the +swords were drawn downstairs. + + ATTORNEY-GENERAL--Pray, my lord, let him be asked this + question, Was it after they were three on the one side, and + three on the other, that my lord Mohun and my lord Warwick + spoke those words? + + CAWTHORNE--I apprehend the words were spoke by Mr. Coote, That + he would laugh when he pleased, and frown when he pleased, + before the swords were drawn. + + LORD HIGH STEWARD--But that which my lords desire to know is, + What the time was when my lord Warwick and my lord Mohun + declared their desire to part them and make them friends; + whether before or after the swords drawn? + + CAWTHORNE--Before and after; for I was absent when the swords + were drawn. + + EARL RIVERS--He says, that after my lord Mohun and my lord + Warwick threatened to send for the musqueteers, they promised + to be quiet. I desire to know who he means by they? + + CAWTHORNE--Mr. James called to me, and said, I need not go and + call for the guards, for the quarrel was over. There is one + thing more that I forgot, my lord: After my lord Mohun and my + lord Warwick were gone away in their chairs, and Mr. Coote, I + heard Mr. Dockwra say to capt. James and capt. French, they did + not care a farthing for them, they would fight them at any + time. + + LORD HIGH STEWARD--Who were together then? + + CAWTHORNE--Capt. James, Mr. French, and Mr. Dockwra, after my + lord Mohun and my lord Warwick were gone with capt. Coote. + + LORD HIGH STEWARD--Then Mr. French was with them? Mr. Dockwra + said so? + + CAWTHORNE--Yes, my lord. + + LORD WHARTON--If I apprehend him aright, as to what he says + now, my lord of Warwick, my lord Mohun, and capt. Coote, were + gone away at that time. + + CAWTHORNE--Yes, they were gone away in the three first chairs, + which my lord Mohun bid go home. + + LORD WHARTON--Who does he say spoke those words? + + LORD HIGH STEWARD--You hear my noble lord's question, who spoke + those words? Repeat them again. + + CAWTHORNE--When my lord Warwick, my lord Mohun, and capt. + Coote, were gone, I heard Mr. Dockwra say to Mr. French and Mr. + James, We don't care a farthing for them, we will fight them at + any time. + + ATTORNEY-GENERAL--I desire to know, whether this witness + testified any thing of this matter when he was examined before + the coroner? + + CAWTHORNE--No; I forgot those words when I was examined before + the coroner. + + ATTORNEY-GENERAL--How soon after your examination did you + recollect yourself as to what you now speak? + + CAWTHORNE--The next day after. + +He had not mentioned the words he now said were spoken by Dockwra either +at the inquest or at the trial at the Old Bailey. + + +_Thomas Browne was sworn._ + + LORD HIGH STEWARD--What question do you ask this witness, Mr. + Attorney? + + ATTORNEY-GENERAL--That he would acquaint your lordships, + whether he carried Mr. Richard Coote, the person that was + slain, upon the 29th or 30th of October, from the Greyhound + tavern in the Strand, and to what place he carried him? + + LORD HIGH STEWARD--You hear the question; pray speak so loud + that my lords may all hear what you say. + + BROWNE--My Lords, I was between the hours of one and two in the + morning, on Sunday the 30th of October last, with my fellows + and our chair, at the Buffler's Head Tavern at Charing-cross, + and I heard some people at Locket's, at the Greyhound in the + Strand, calling coach coach, a pretty while; but there were no + coaches in the street, nor that came to them; when they could + not get coaches then they called out for chairs; and we coming + to the door with our chair, there were four other chairs there, + and six gentlemen stood in the passage; and then it was said, + there was not chairs enough, and there wanted one more, and + they stood discoursing; and the first man came into my chair, + who was capt. Coote, and my lord of Warwick he got into + another; When the door of the chair was shut up, we asked + whither we should go; but my lord Mohun came and bid open the + chair again; and we did so, and he returned into the house, and + there was some discourse between them standing at the bar in + the entry. Mr. Coote came out again and came into my chair, and + my lord Mohun and my lord of Warwick went into two others; Mr. + Coote bid me carry him into Leicester fields, and to make all + the haste I could; my lord of Warwick and my lord Mohun being + in the next chairs, asked him, Whither are you a-going, and + called out twice, and he said, To Leicester fields; pray do + not, says my lord of Warwick, but come along with us, and let + it alone till to-morrow; but he bid us go on; and as we were + turning up St. Martin's Lane, by the Cross Keys tavern, my lord + Mohun, and my lord Warwick called out to us to stop, and their + chairs came up to the back door of the Cross Keys tavern, and + there all the three chairs were set on a-breast in St. Martin's + Lane, and while they were talking together, there came by three + chairs on the other side of the way; and Mr. Coote bid us take + up and make all the haste we could to get before them into + Leicester fields, so taking up the chair again, Mr. Coote bid + us make haste, and if we could go no faster, he swore, damn + him, he would run his sword in one of our bodies: There were + two chairs before me, and my lord Mohun and my lord Warwick + followed in two chairs after me; and when we came to the corner + of Leicester fields, at Green street end, all the three chairs + were set down a-breast again, and Mr. Coote put his hand in his + pocket, and took out half a guinea to pay, and said he had no + silver; and my lord of Warwick spoke to my lord Mohun, who + took out three shillings out of his pocket, who said, there was + for my lord Warwick, captain Coote, and himself; and when they + were gone out, I took my box and my pipe, and filled my pipe, + and took the lanthorn and lighted it, and by that time I had + lighted my pipe, I heard a calling out, Chair, chair, again, + towards the upper end of the square; so I took my chair, and + there was one of the chairs that was not gone; and so we came + up to the upper end of the fields, and they called to us to + bring the chairs over the rails; we told them we did not know + how to do that, for we should not be able to get them back + again; at last we did get over the rails, and made up close to + the place where we heard the noise, for we could see nothing, + it being a very dark night; and when we came up close to them, + by our lanthorn there were two gentlemen holding up Mr. Coote + under their arms, and crying out, My dear Coote, My dear Coote! + + ATTORNEY-GENERAL--Pray, who were those two gentlemen? + + BROWNE--I did not know them, one was in red cloaths, and the + other had gold lace, and they would have had me have taken Mr. + Coote into my chair; but seeing him bloody, and not able to + help himself, I said I would not spoil my chair, and so would + not meddle with him; but they said they would make me any + satisfaction for my chair, and desired me to take him in; but + he gave himself a spring from them, and we found he was too + heavy for us to lift over the rails, and all we could do could + not make him sit in the chair, but the chair was broken with + endeavouring to place him there; and they said if we would + carry him to a surgeon's, they would give us £100 security; + but we finding it impossible, the watch was called for, but + nobody would come near, for they said it was out of their ward, + and so they would not come anigh me; and I staid about half an + hour with my chair broken, and afterwards I was laid hold upon, + both I and my partner, and we were kept till next night eleven + a-clock; and that is all the satisfaction that I have had for + my chair and every thing. + + ATTORNEY-GENERAL--Pray, my lord, I desire he may recollect + himself; for we do apprehend it is very material, who it was + that desired to take Mr. Coote into the chair. + + BROWNE--I cannot tell who they were, it was so very dark I + could only see their cloaths. + + ATTORNEY-GENERAL--Did you see the earl of Warwick there? + + BROWNE--No, Sir, he was not there; one of them, I tell you, had + officers' cloaths on, red lined with blue, and the other had + gold lace on; there was nobody there that held him up but them + two. + + MARQUIS OF NORMANBY--He says he saw two persons holding up Mr. + Coote; it would be very well to have that matter very well + settled, who those two persons were; I desire to know how he is + sure my lord of Warwick was not one of them two? + + BROWNE--I know my lord of Warwick very well, and I am sure he + was neither of the two. + + DUKE OF LEEDS--I would know what light he had to discern it so + well by, that he can be sure my lord of Warwick was not there; + for he says it was a very dark night, and yet he describes the + particular persons that held Mr. Coote up. + + BROWNE--Yes, my lord, I am sure my lord of Warwick was none of + them. + + DUKE OF LEEDS--How could you distinguish in so dark a night, + the colours of people's cloaths? + + BROWNE--With the candle that I had lighted in my lanthorn. + + DUKE OF LEEDS--He could not know any of the persons unless he + held a lanthorn to their faces, or knew them very well before. + + LORD HIGH STEWARD--My lord Warwick, will your lordship ask this + witness any questions? + + EARL OF WARWICK--My lord, I desire he may be asked, Whether I + did not bid him stop at St. Martin's-lane end, and do all that + I could to hinder Mr. Coote from going any further, but to go + home? + + BROWNE--The earl of Warwick, and my lord Mohun, as they turned + up the lane, asked Mr. Coote, whither he was going? And when he + said to Leicester-fields, they desired him to let it alone till + to-morrow; and my lord Mohun said he should go home with him; + but the other bid us go on, and said he would not go to his + lodgings, but that they would make an end of it that night; + still they called to him again, Dear Coote, let us speak a word + with you; and as the chairs came to the back-door of the + Cross-keys tavern, there they stood all of a breast, and they + both of them spoke to him, and stood a pretty while there, and + in the mean time three chairs passed by on the other side; he + commanded us to take up, and carry him away to Leicester-fields + immediately, and overtake the other chairs, or he would run one + of us into the body. + + LORD HIGH STEWARD--Would your lordship ask him any more + questions? + + EARL OF WARWICK--No, my lord. + + ATTORNEY-GENERAL--My lord, I observe, he says they discoursed + some time together while they stopped in St. Martin's-lane; I + desire that he may be asked, Whether he can tell what that + discourse was? + + BROWNE--I could not well hear, they whispered together, but I + could hear my lord Mohun, and my lord of Warwick, desire capt. + Coote to go home, and let the business alone till another time. + + ATTORNEY-GENERAL--I desire he may explain himself, what that + business was that they would have put off till to-morrow. + + BROWNE--I know not what it was; I heard of no anger betwixt + them, but they were as good friends, for anything I know to the + contrary, as ever they were in their lives or as ever I see any + men. + + ATTORNEY-GENERAL--Our next witness is William Crippes. [Who was + sworn.] + + LORD HIGH STEWARD--What do you ask this man, Mr. Attorney? + + ATTORNEY-GENERAL--Pray, will you give my lords here an account + who you carried to Leicester-fields, the 29th or 30th of + October, and what happened in your knowledge at that time? + + CRIPPES--Captain Coote was the first man that went into the + chair when we came to the Greyhound tavern; afterwards he came + out again, and when we took him up the second time, he was the + first man that set out; and he bid us carry him to + Leicester-fields; and when we came to the corner of St. + Martin's-lane, we turned up that way; and my lord of Warwick, + and my lord Mohun, called to us, being in chairs behind, to + know whither we were going, and desired to speak with captain + Coote; and he said he was going to Leicester-fields; and when + they asked, what to do? He said, to end the business: they + desired him to put it off till to-morrow; and while they were + discoursing about it in St. Martin's-lane, there passed by + other three chairs, which, when captain Coote saw, he bid us + take up and overtake them, and go faster, or he would run one + of us into the body: so we went on, and at the lower end of + Leicester-fields we set him down; and the other two gentlemen, + my lord Warwick and my lord Mohun, were there set down, and + went lovingly together, for any thing that I saw, up the + pavement of the square, towards the upper end; and in a little + time we heard a noise of calling for chairs towards the upper + end, and when we came there with the chair, we were bid to lift + over the chair within the rails; and when we said it was hard + to be done, they insisted upon it, and we did come in; and when + we came there we saw two gentlemen holding up captain Coote, + and would have had us taken him into the chair; we saw there + was a great deal of blood, but I never heard how it came, and + they would have had us carried him to a French surgeon's, and + proffered any money. + + ATTORNEY-GENERAL--My lord, I desire to know, who they were that + desired him to be carried to the surgeon? + + LORD HIGH STEWARD--You hear the question, what say you? + + CRIPPES--I cannot tell, my lord; one of them had something of + lace upon him, but it was so dark that I could hardly see my + hand, and therefore I cannot tell who they were; and when there + was an objection made, that the chairs would be spoiled, they + said we need not question our chair, they would give us £100 + security to answer any damages, if we would but carry him; so + we endeavoured to put him into the chair, but could not; and + so we called out to the watch, to have had some help; but they + said it was none of their ward, and so they would not come to + us; so the gentlemen went away, and we left them, and went and + called a surgeon, who, when he came, said, he was a dead man, + and we were secured till the next day. + + ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked, Were + there not other chairs in that place at the time? + + CRIPPES--There was one in the Field besides, and no more that I + could see; they all went away but us two. + + ATTORNEY-GENERAL--What distance of time was there between their + setting down in Leicester-fields, and their calling the chairs + again? + + CRIPPES--Not a quarter of an hour. + + ATTORNEY-GENERAL--What became of the three chairs that passed + by you in St. Martin's-lane? + + CRIPPES--They got before us; but what became of them afterwards + I cannot tell. + + ATTORNEY-GENERAL--Did they come from the same place, the tavern + in the Strand that you were at? + + CRIPPES--Yes, I believe they did, my lord; for capt Coote bid + us follow them, and threatened us if we did not make greater + haste. + + ATTORNEY--GENERAL--Do you know my lord of Warwick? + + CRIPPES--Yes, he had whitish cloaths on; and none but he had + such clothes on as those were. + + LORD HIGH STEWARD--Will your lordship ask this witness any + questions? + + EARL OF WARWICK--My lord, I desire he may be asked, Whether I + did not bid him stop? and, whether I did not say, they should + not go to quarrel that night? + + ATTORNEY-GENERAL--My lord, I desire to know of him, directly + and downright, Whether my lord of Warwick was not one of them + that held him when he was within the rails of the fields? + + CRIPPES--No, he was not; he was neither of them; for the one of + them was too big for him, and the other was too little for my + lord Mohun. + + ATTORNEY-GENERAL--Now we call the chairman that carried the + earl of Warwick into Leicester-fields, James Crattle. + + (He was sworn.) + + ATTORNEY-GENERAL--Will you tell my lords what you know of any + person that you carried the 29th or 30th of October last, from + the Greyhound tavern in the Strand, and who it was, and whither + you carried him? + + CRATTLE--I was going along Charing-cross, between one and two + in the morning, the 30th of October, last, and I heard a chair + called for at Locket's at the Dog tavern; and thither I and my + partner went, and we took up the gentleman, and carried him to + Leicester-fields. + + ATTORNEY-GENERAL--Who was that gentleman? + + CRATTLE--It was my lord of Warwick. + + ATTORNEY-GENERAL--What time of night do you say it was? + + CRATTLE--It was about one or two in the morning. + + ATTORNEY-GENERAL--What day of the week was it? + + CRATTLE--It was Saturday night and Sunday morning. + + ATTORNEY-GENERAL--Whither did you carry him? + + CRATTLE--Into Green-street, towards the lower end of + Leicester-square. + + ATTORNEY-GENERAL--What chairs were there more there? + + CRATTLE--There was one that captain Coote was in, and another + that my lord Mohun was in, and we went away all together. + + ATTORNEY-GENERAL--Were there no other chairs? + + CRATTLE--I did not know who went in the other chairs, but there + were three other chairs that passed by us at St Martin's-lane, + and we followed after them to Leicester-fields. + + ATTORNEY-GENERAL--Pray what became of you after you had set + down your fare? + + CRATTLE--We were discharged and paid; the other three went up + towards my lord of Leicester's; but we were coming away, and in + a little time we heard the noise of calling chairs! chairs! + again, and there were two chairs did come up, Thomas Browne's + and ours; my lord of Warwick called our chair, and we took him + into it, and he bid us carry him to the Bagnio in Long-acre; + and when we came there we knocked at the door, and his hand was + bloody, and he asked us if we had any handkerchief to bind up + his hand. + + ATTORNEY-GENERAL--Was there any other chairs at the door of the + Bagnio, at the same time when you came there? + + CRATTLE--Yes, there was another chair there at the door at the + same time, and we set down both together. + + ATTORNEY-GENERAL--Pray whence came that chair? + + CRATTLE--Indeed, I do not know. + + ATTORNEY-GENERAL--Who were the chairmen that carried that + chair? + + CRATTLE--Indeed, my lord Mohun and my lord Warwick were the + only persons that I knew of all the company. + + ATTORNEY-GENERAL--What sort of gentleman was the other, that + went out of the other chair into the house? + + CRATTLE--He was a pretty tall man; when he was in we went away; + I only can say, I saw my lord of Warwick go into the house. + + ATTORNEY-GENERAL--Did you take any notice of any sword that my + lord of Warwick had in his hand at that time? + + CRATTLE--No; I cannot say I did take any notice of any sword, + only that there was a handkerchief desired. + + ATTORNEY-GENERAL--Pray, did you hear no noise at all in the + field, till you heard chairs called for again? + + CRATTLE--No; I cannot say I heard any noise in the field. + + ATTORNEY-GENERAL--Did you apprehend there was any fighting? + + CRATTLE--No, I knew nothing at all of it; but upon the calling + of chairs again, and my lord Warwick coming along, we took him + in, and he bid us go to the Bagnio, and thither we went. + + ATTORNEY-GENERAL--My lord, we have done with this witness. + + LORD HIGH STEWARD--My lord Warwick, will you ask this witness + any questions? + + EARL OF WARWICK--No, my lord. + +_Gibson_, the other chairman who carried the Earl of Warwick, was then +called, and gave substantially the same evidence as the last witness. + +_Applegate_ carried Lord Mohun to Leicester Fields, and corroborated +the account of the journey thither given by the other witnesses. + + ATTORNEY-GENERAL--What then happened afterwards, can you tell? + + APPLEGATE--I cannot tell whether I had lighted my pipe, or was + just lighting it, when I heard chairs called again; upon which + we run up with our chairs towards the upper end of the fields, + and there I did see my lord of Warwick within the rails, who + bid us put over our chair into the fields; but we told him, if + we did, we could not get it over again; and so we went with our + chair to the corner of the fields; and when we came there, + there came out captain French, who bid us open our chairs, and + let him in, for he did believe he was a dead man; and upon that + we did take him in, and he bid us carry him with all the speed + we could to the Bagnio in Long-acre, and my lord of Warwick got + into another chair behind; so we went to Long-acre; and when we + came to the door of the Bagnio and captain French came out of + the chair, he was so weak that he fell down upon his knees; and + when he came out, I asked who should pay me, and desired to be + discharged; and the earl of Warwick said, Damn ye, call for + your money to-morrow; so they both went in at the Bagnio door + together. + + ATTORNEY-GENERAL--Pray, who called for the chair first, captain + French, or my lord of Warwick, in the fields? + + APPLEGATE--I cannot tell; but when I brought up my chair, I + first saw my lord of Warwick, and he would have had me lifted + the chair over the rails, and I told him we could not get it + over again, and so went up to the upper end of the fields. + + ATTORNEY-GENERAL--If you first spoke with my lord of Warwick, + why did you not carry my lord of Warwick? + + APPLEGATE--Indeed I cannot tell; but I suppose it was because + he did not come so soon out of the fields as captain French, or + did not come the same way. + + ATTORNEY-GENERAL--Pray, do you remember anything that happened + just at their carrying capt. French away? + + APPLEGATE--Before he went into the chair, he stopped and would + have pulled off his cloaths, but we would not let him. + + ATTORNEY-GENERAL--Did you see any sword capt. French had? + + APPLEGATE--I did see no sword that I can say directly was a + sword; but capt. French had something in his hand, but what it + was I cannot tell. + + ATTORNEY-GENERAL--What was it that he said to you, when he + first went into the chair? + + APPLEGATE--He desired to be carried to the Bagnio; for he said + he believed he was a dead man. + + ATTORNEY-GENERAL--Pray friend, recollect yourself, if you heard + him say any thing at all when he first went into the chair at + the Greyhound tavern? + + APPLEGATE--I did not hear him mention any thing at all. + + ATTORNEY-GENERAL--Pray what did you hear my lord of Warwick say + at that time? + + APPLEGATE--Truly, I cannot say I heard him mention any thing at + all neither; but I did hear my lord Mohun say, when he could + not prevail, in St. Martin's-lane, with captain Coote to go + home, that if they did go he would go and see it. + + ATTORNEY-GENERAL--If they did go; who did he mean by they? + + APPLEGATE--My lord Warwick and captain Coote that were in the + other chairs; there was nobody else to speak to. + + ATTORNEY-GENERAL--Was there any talk of fighting or + quarrelling? + + APPLEGATE--No, indeed, I do not know of any difference there + was between them. + + LORD HIGH STEWARD--My lord Warwick, will your lordship ask this + witness any questions? + + EARL OF WARWICK--My lord, I desire he may be asked, Whether I + did not endeavour to put off the going into Leicester-fields, + and to have all things let alone till to-morrow. + + APPLEGATE--My lord, I cannot say any thing of that; but I did + hear my lord Mohun beg heartily of captain Coote to go home, + and let the business alone till another time; and indeed I + think, I never heard a man beg more heartily for an alms at a + door, than he did, that they might not go into the fields then; + but I cannot say that I heard any thing that my lord of Warwick + said about it. + + LORD HIGH STEWARD--Will your lordship ask him any other + questions? + + EARL OF WARWICK--No, my lord. + +Catro, who was the second chairman who carried Lord Mohun's chair, +corroborated Applegate's evidence. Palmer, Jackson, and Edwards were +three chairmen who had helped to carry French, James, and Dockwra to +Leicester Fields; but they had nothing to add to the evidence already +given. + +_Pomfret_ was a servant at the Bagnio in Long Acre. In answer to the +Attorney-General he said:-- + + My lord, on Sunday the 30th of October last, between two and + three in the morning, there came to my master's door the earl + of Warwick, and knocked at the door, and there was capt. French + with him; and when they were let in, my lord of Warwick told me + that capt. French was wounded, and he himself had a wound, and + he desired that my master might be called up for to dress the + wounds; especially, because capt. French was very much wounded; + which accordingly was done in about a quarter of an hour after + they were brought in. + + ATTORNEY-GENERAL--Did he desire to be concealed when he was + come in? + + LORD HIGH STEWARD--Of whom do you speak, Mr. Attorney? + + ATTORNEY-GENERAL--My lord of Warwick. + + POMFRET--He did desire, that if any body asked for him, it + should be said he was not there. + + ATTORNEY-GENERAL--Pray in what condition did my lord of Warwick + seem to be in at that time? + + POMFRET--He seemed to be very much concerned at that time, and + his right hand, in which he had his sword, and which was drawn, + was very much bloody. + + ATTORNEY-GENERAL--Was the sword bloody that he had in his hand? + + POMFRET--The blade was bloody; but whether it was all over + bloody, I cannot tell; there was besides some blood upon the + shell; it was very near all over bloody, as I remember. + + ATTORNEY-GENERAL--Pray, friend, consider what you swore at the + Coroner's Inquest about the blood upon the sword. + + POMFRET--Indeed I cannot say it was bloody all along the blade; + but there was blood upon the shell, and there was blood upon + the inside: it was so, to the best of my remembrance. + + ATTORNEY-GENERAL--What condition was Mr. French's sword in? + + POMFRET--He had a drawn sword in his hand, but I did not + perceive it had any blood upon it; it was a large blade. + + ATTORNEY-GENERAL--How do you know what sort of sword Mr. + French's was, and in what condition it was? + + POMFRET--He desired me to take notice of it next morning, and I + did so; and there was no blood upon it. + + ATTORNEY-GENERAL--How came you to be desired to take notice of + what passed there about the swords? + + POMFRET--My lord, there was three of them the next day, and + one, it was said, was Mr. Coote's, and another of them was my + lord of Warwick's, which I do believe was bloody from the point + upwards, very near; but I cannot directly say but that was + afterwards. + + ATTORNEY-GENERAL--Who brought in that sword that you say was + Mr. Coote's? + + POMFRET--To the best of my remembrance, capt. Dockwra brought + it in; it was almost half an hour after my lord Warwick and + capt. French came in to the house, when they came thither. + + ATTORNEY-GENERAL--They, who do you mean? + + POMFRET--Captain James and he. + + ATTORNEY-GENERAL--Were they let in presently? + + POMFRET--No, my lord of Warwick had desired that they might be + private there; but when they knocked at the door, my lord of + Warwick desired to know who they were; and when it was + understood that they were Mr. James and Mr. Dockwra, they were + let in by my lord's order. + + ATTORNEY-GENERAL--Pray, which of all the four brought in any + sword in a scabbard? + + POMFRET--It was captain Dockwra. + + ATTORNEY-GENERAL--Pray, did they appear to be all of a party? + + POMFRET--They were glad to see one another; and they talked a + pretty while together; but indeed I cannot say I heard what + they talked. + + ATTORNEY-GENERAL--Pray, do you remember my lord of Warwick's + sword, and what there was upon it? + + POMFRET--It was a steel sword, water-gilt, and as near as I can + remember, there was blood upon it for the most part from the + point upward. + + ATTORNEY-GENERAL--And what did appear upon Mr. French's sword? + + POMFRET--There was water and dirt, but there was no blood at + all. + + ATTORNEY-GENERAL--How long did they stay there? + + POMFRET--They all continued about half an hour; and then went + away, all but Mr. French, who staid there. + + ATTORNEY-GENERAL--What then became of the others? + + POMFRET--Mr. James, Mr. Dockwra, and my lord of Warwick went + away; and my lord of Warwick desired particularly, that we + would all take care of Mr. French, for he was his particular + friend; and Mr. French continued there till Sunday about one of + the clock. + + ATTORNEY-GENERAL--Was there any discourse at that time about + Mr. Coote? + + POMFRET--Not that I heard of, one word. + + ATTORNEY-GENERAL--Was there any notice taken of any quarrel + that happened between any body, and who? + + POMFRET--No, indeed, I did not hear them take notice of any + quarrel at all between any body. + + ATTORNEY-GENERAL--You say Mr. French, when he came into your + house, was wounded, and there was care particularly taken of + him because he was wounded. + + POMFRET--Yes; my lord of Warwick desired to take care of him. + + ATTORNEY-GENERAL--Then pray, was there no discourse how he came + to be wounded? + + POMFRET--Indeed I do not know how he came to be wounded; nor + did I hear one word of discourse about it; indeed I cannot say + any thing who wounded him. + + ATTORNEY-GENERAL--Pray will you recollect yourself, and tell my + lords what sort of handle had my lord of Warwick's sword when + you saw it? + + POMFRET--It had a steel handle. + + ATTORNEY-GENERAL--Pray, can you tell whether the shell was open + or close? + + POMFRET--I cannot tell justly; I saw it, and that was all. + + ATTORNEY-GENERAL--If I apprehend you, you say my lord had a + wound in his hand. + + POMFRET--Yes, my lord, he had so. + + ATTORNEY-GENERAL--Pray, in what hand was it that he was + wounded? + + POMFRET--To the best of my remembrance, it was in his right + hand. + + ATTORNEY-GENERAL--Pray, did there appear much blood there? + + POMFRET--Yes, my lord, indeed there did. + + SERJEANT WRIGHT--You talk of Mr. James and Mr. Dockwra's + swords; pray in what condition were they? + + POMFRET--Mr. Dockwra's sword was by his side, and not drawn. + + SERJEANT WRIGHT--What did you observe of captain James's sword? + + POMFRET--His sword was naked, and he had lost his scabbard; but + how that came I cannot tell; and there was dirt on one side of + the sword; and he said he had left his scabbard behind him. + + ATTORNEY-GENERAL--Was there any blood upon his sword? + + POMFRET--No, there was no blood that I did see upon it. + + ATTORNEY-GENERAL--Pray did you see any blood upon Mr. Dockwra's + sword? + + POMFRET--No, indeed, I did not see Mr. Dockwra's sword, it was + in the scabbard by his side. + +Warwick's was 'a pretty broad sword': he did not take notice what length +or breadth the other swords were of; French's sword was not a broad +sword; he saw the swords at about three in the morning. James broke his +sword on the floor after he came in. + +_Goodall_, a servant in the Bagnio, and his wife were called. They spoke +to Warwick coming in with his sword drawn in his hand and bloody; his +hand was wounded. There was blood on the hilt of his sword, which was a +close one. French may have come in with Warwick; James and Dockwra came +in half an hour afterwards. Warwick gave orders that nobody was to be +admitted; but he opened the door for James and Dockwra when they knocked +and he saw who they were. Warwick, James, and Dockwra went away in a +little time, Warwick ordering that particular care should be taken of +French, who was his friend. + +_Henry Amy_, the surgeon who lived at the Bagnio, was called, and said +that he was called up at two in the morning of the 20th of October to +attend the lord Warwick and captain French. The latter was seriously +wounded, the former on the first joint of his fore-finger. While +French's wound was being dressed there was a knocking at the door; +Warwick ordered that nobody should be admitted, but when he found it was +James and Dockwra ordered that they should be let in. They and Warwick +went away in a little time, the latter telling the witness to take +particular care of French. Warwick's sword was very bloody; French +called for his sword the next morning, when the witness saw it, and it +was a little dirty, but not with blood. There was no talk of any +quarrel; the witness asked no questions; he did not then hear anything +about Coote being killed. French's sword was a middle-sized one; it was +not a broad blade. + + LORD HIGH STEWARD--Mr. Attorney, who is your next witness? + + ATTORNEY-GENERAL--Captain Loftus Duckinfield. + + (Who was sworn). + + ATTORNEY-GENERAL--This gentleman will acquaint your lordships + what discourse past between these gentlemen the next day; pray, + Sir, acquaint my lords what you heard about Mr. Coote's death, + and when and where. + + CAPTAIN DUCKINFIELD--Early in the morning I was told of this + accident. + + ATTORNEY-GENERAL--By whom? + + CAPTAIN DUCKINFIELD--One of the company, I cannot tell who, I + think they were all together then, my lord of Warwick, capt. + James, capt. Dockwra, and nobody else. + + ATTORNEY-GENERAL--What was their discourse? + + CAPTAIN DUCKINFIELD--They said, they believed captain Coote was + killed. + + ATTORNEY-GENERAL--Did they tell you by whom? + + CAPTAIN DUCKINFIELD--By Mr. French, every body did say he was + his adversary. + + ATTORNEY-GENERAL--What account was given of the action? + + CAPTAIN DUCKINFIELD--They said it was done in the dark, and + capt. French was his adversary. + + ATTORNEY-GENERAL--Was there any notice taken of any duel? + + CAPTAIN DUCKINFIELD--Yes, there was, between those two, and + the other persons on both sides; and it was said my lord of + Warwick was friend to Mr. Coote, and my lord Mohun. + + ATTORNEY-GENERAL--Who were on the other side? + + CAPTAIN DUCKINFIELD--Mr. Dockwra and Mr. James. + + ATTORNEY-GENERAL--Was there any discourse, who actually fought? + + CAPTAIN DUCKINFIELD--It was said, that capt. French fought with + capt. Coote, as they believed, and Mr. James with my lord of + Warwick. + + ATTORNEY-GENERAL--Did you see my lord of Warwick's sword? + + CAPTAIN DUCKINFIELD--Some time of the day I did; but I cannot + tell whether it was in the morning, or no. + + ATTORNEY-GENERAL--In what condition was it? Was it bloody or + not? + + CAPTAIN DUCKINFIELD--It was a steel sword. + + ATTORNEY-GENERAL--How long did they stay with you? + + CAPTAIN DUCKINFIELD--About half an hour. + + ATTORNEY-GENERAL--Did they come publicly? + + CAPTAIN DUCKINFIELD--We went away in a hackney coach together. + + ATTORNEY-GENERAL--Pray, what discourse was there about + consulting to go into the country together? + + CAPTAIN DUCKINFIELD--That might be discoursed, but by whom I + cannot tell. + + ATTORNEY-GENERAL--Did my lord of Warwick talk of going into the + country? + + CAPTAIN DUCKINFIELD--Whether the company talked of it, or my + lord of Warwick in particular, and the rest assented to it, I + cannot well tell. + + ATTORNEY-GENERAL--Whither did they go? + + CAPTAIN DUCKINFIELD--I cannot directly tell. + + ATTORNEY-GENERAL--What time of the day was it? + + CAPTAIN DUCKINFIELD--It was about six of the clock. + + ATTORNEY-GENERAL--Cannot you tell whither they went? + + CAPTAIN DUCKINFIELD--Capt. James and capt. Dockwra went to the + Ship and Castle in Cornhill about five o'clock or six, as near + as I can remember. + + ATTORNEY-GENERAL--Can you tell what time my lord of Warwick + went away? + + CAPTAIN DUCKINFIELD--No, I cannot tell what time he went away, + not directly. + + ATTORNEY-GENERAL--Can you tell of any agreement amongst them, + whither they were to go? + + CAPTAIN DUCKINFIELD--No I cannot. + + ATTORNEY-GENERAL--What discourse or concern did you observe + past between them, concerning capt. Coote? + + CAPTAIN DUCKINFIELD--My lord of Warwick shewed a great deal of + concern for his friend Mr. Coote. + + ATTORNEY-GENERAL--Had you any notice of Mr. Coote's death + amongst you? + + CAPTAIN DUCKINFIELD--We had notice before we went away; but I + cannot tell whether it was before my lord of Warwick was gone. + + ATTORNEY-GENERAL--Was it after the discourse of going into the + country, or before? + + CAPTAIN DUCKINFIELD--Indeed, I cannot directly say when it + was. + + ATTORNEY-GENERAL--Pray, what reason was there for their going + into the country before he was dead? + + CAPTAIN DUCKINFIELD--They believed he was dead. + + ATTORNEY-GENERAL--Cannot you tell the reason why they would go + into the country? + + CAPTAIN DUCKINFIELD--No, indeed, I cannot tell the reason. + + ATTORNEY-GENERAL--Did you observe my lord of Warwick's sword? + Was there any blood upon it? + + CAPTAIN DUCKINFIELD--I cannot say his sword was bloody at the + point; the whole blade and shell was bloody, to the best of my + remembrance. + + ATTORNEY-GENERAL--What sort of a sword was it? + + CAPTAIN DUCKINFIELD--It was a pretty broad blade, a hollow + blade, and a hollow open shell. + + ATTORNEY-GENERAL--Was there any discourse concerning capt. + French? + + CAPTAIN DUCKINFIELD--Yes, they thought he was very ill wounded. + + ATTORNEY-GENERAL--Was there any, and what, discourse who should + give my lord of Warwick his wound? + + CAPTAIN DUCKINFIELD--It was said, they believed capt. James + gave my lord his wound. + + ATTORNEY-GENERAL--Pray, was there any blood upon Mr. James's + sword, or was he wounded? + + CAPTAIN DUCKINFIELD--I saw no wound upon capt. James, that I + know of. + + LORD HIGH STEWARD--Do you believe that my lord Warwick's sword + was bloodied with the hurt of his own hand, or any otherwise? + + CAPTAIN DUCKINFIELD--I cannot tell; it was a cut shell, and the + outside bloody as well as the in. + + LORD HIGH STEWARD--My lord Warwick, will your lordship ask this + witness any questions? + + EARL OF WARWICK--No, my lord. + + LORD HIGH STEWARD--Mr. Attorney, if you have any other witness, + pray call them. + +Another Witness was produced, that belonged to the Ship and Castle in +Cornhill. + + ATTORNEY-GENERAL--This man will give you an account what passed + at his house at that time, and between whom; pray, will you + tell my lords who was at your house the 30th of October last, + and what past there then? + + WITNESS--My lord of Warwick, capt. James and capt. Dockwra; and + when my lord of Warwick came in I thought my lord was in a very + great concern, and called for pen, ink and paper, and I feared + there was some quarrel in hand; but they said no, the quarrel + was over, and says my lord of Warwick, I am afraid poor Coote + is killed. + + ATTORNEY-GENERAL--Did you observe any desire to be private? + + WITNESS--No, indeed, I cannot tell that. + + ATTORNEY-GENERAL--How long did they continue there? + + WITNESS--About six a-clock my lord of Warwick, and capt. James, + and capt. Dockwra, and capt. Duckinfield went away. + + ATTORNEY-GENERAL--Can you tell who went with my lord Warwick? + + WITNESS--No, indeed, I cannot tell who went with my lord + Warwick; there came in a gentleman in black, whom I knew to be + my lord of Warwick's steward, and he came and spoke some words + to my lord of Warwick, about a quarter of an hour after they + came in, and then they went away, for after that I did not + hear any further discourse. + + ATTORNEY-GENERAL--What became of the rest of the company? + + WITNESS--They went away; I do not know what became of them, nor + whither they went; some of them went in and out of one room + into another several times, two or three times, and came out + again. + + ATTORNEY-GENERAL--My lord, we have done with the witness. + + LORD HIGH STEWARD--My lord Warwick, will you ask him any + questions? + + EARL OF WARWICK--No, my lord. + +_Mr. Salmon_, the surgeon who, by the coroner's orders, examined Coote's +wounds, was called. There were two wounds: one on the left breast, near +the collar-bone, running down four or five inches. He could not guess +what sort of a sword made it; the wound was about half an inch broad. +There was another wound under the last rib on the left side, an inch +broad, six inches deep. They were both mortal. In answer to Lord +Warwick, he said that neither could be given by a sword run up to the +hilt. He could not say that they must have been given by the same +weapon: but they might have been. + +_Stephen Turner_, Coote's servant, identified his master's sword; he +believed he fenced with his right hand, but had never seen him fence at +all. + + EARL OF WARWICK--I desire he may be asked, whether he has not + observed a particular kindness and friendship between his + master and me? + + TURNER--Yes, my lord; I have several times waited upon my + master, when my lord and he was together, and they were always + very civil and kind one to another; and I never heard one word + of any unkindness between them. + + EARL OF WARWICK--Whether he knows of any quarrel that was + between us? + + TURNER--No, I never did. + + EARL OF WARWICK--Whether he did not use to lie at my lodgings + sometimes? + + LORD HIGH STEWARD--You hear my lord's question: what say you? + Did your master use to lie at my lord of Warwick's lodgings at + any time? + + TURNER--Yes; very often. + + ATTORNEY-GENERAL--Pray call Pomfret again, and let him see the + sword. + + [Then he came in, and two swords were shewn him.] + + ATTORNEY-GENERAL--I desire he may acquaint your lordships what + he knows of those two swords. + + POMFRET--These two swords were brought in by some of the + company that came to my master's house; and when they were + shewn to captain French in the morning he owned this to be his, + and the other to be Mr. Coote's; and he desired that notice + might be taken, that his sword was dirty but not bloody; and + there was some blood upon the other. + + ATTORNEY-GENERAL--Who brought in Mr. Coote's sword? + + POMFRET--Indeed I cannot tell. + +_White_, the coroner, was called, and said that he had asked Salmon +whether the two wounds on Coote's body were given by the same weapon, +and he said he could not say. + + ATTORNEY-GENERAL--We have done with our evidence, until we hear + what my lord of Warwick says to it. + + LORD HIGH STEWARD--My lord of Warwick, will you ask this + witness any questions? + + EARL OF WARWICK--No, my lord. + + LORD HIGH STEWARD--Make proclamation for silence. + + CLERK OF THE CROWN--Serjeant at arms, make proclamation. + + SERJEANT-AT-ARMS--O yes, O yes, O yes! His grace, my lord high + steward of England, does strictly charge and command all manner + of persons here present to keep silence, upon pain of + imprisonment. + + LORD HIGH STEWARD--My lord of Warwick, the king's counsel have + made an end of giving evidence for the king; now is the proper + time for you to enter upon your defence. + + EARL OF WARWICK--May it please your grace, and you my noble + lords, my peers. + + I stand here before your lordships, accused of the murder of + Mr. Coote, of which I am so innocent, that I came and + voluntarily surrendered myself so soon as I heard your + lordships might be at leisure to try me; and had sooner done + it, but that the king was not then here, nor your lordships + sitting, and had no mind to undergo a long confinement; and now + I think I might well submit it to your lordships' judgment, + even on the evidence that has been offered against me, whether + there hath been any thing proved of malice prepense, or my + being any actor therein, so as to adjudge me guilty. And I + think I may with humble submission to your lordships say, that + my innocence appeareth even from several of the witnesses who + have been examined against me, which I will not trouble your + lordships to repeat, but submit to your memory and observation. + + But, my lords, the safety of my life does not so much concern + me in this case, as the vindication of my honour and reputation + from the false reflections to which the prosecutor has + endeavoured to expose me; and I shall therefore beg your + lordships' patience to give a fair and full account of this + matter: in which the duty I owe to your lordships, and to + justice in general, and the right I owe to my own cause in + particular, do so oblige me, that I will not in the least + prevaricate, neither will I conceal or deny any thing that is + true. + + My lords, I must confess I was there when this unfortunate + accident happened, which must be a great misfortune in any + case, but was more so to me in this, because Mr. Coote was my + particular friend; and I did all I could to hinder it, as your + lordship may observe by the whole proceedings. + + It was on the Saturday night when my lord Mohun and I, and + several other gentlemen, met at Locket's, where the same + company used often to meet; and in some time after several of + us had been there, Mr. Coote came unexpectedly, and for some + time he and we were very friendly, and in good humour, as we + used to be with each other; but then there happened some + reflecting expressions from Mr. Coote to Mr. French, who + thereupon called for the reckoning; and it being paid, we left + the upper room, and I proposed to send three bottles of wine + to my own lodging, and to carry him thither to prevent the + quarrel. But while the company stopped to call for a glass of + ale at the bar below, Mr. Coote (whose unfortunate humour was + sometimes to be quarrelsome) did again provoke Mr. French to + such degree, that they there drew their swords; but we then + prevented them of doing any mischief: then Mr. Coote still + insisting to quarrel further with Mr. French, my lord Mohun and + I proposed to send for the guards to prevent them: but they had + got chairs to go towards Leicester-fields; and my lord Mohun + and I, as friends to Mr. Coote, and intending to prevent any + hurt to him, did follow him in two other chairs; and as he was + going up St. Martin's-lane, stopped him, and I extremely there + pressed him to return and be friends with Mr. French, or at + least defer it, for that the night was very dark and wet; and + while we were so persuading of him, Mr. French in one chair, + and Mr. James and Mr. Dockwra in two other chairs past by us + (which we guessed to be them), on which Mr. Coote made his + chairmen take him up again, and because the chairmen would not + follow Mr. French faster, threatened to prick him behind; and + when we were gone to Green-street and got out of our chairs, + Mr. Coote offered half a guinea to be changed to pay for all + our three chairs, but they not having change, he desired lord + Mohun to pay the three shillings, which he did. And in a few + minutes after, Mr. Coote and Mr. French engaged in the fields, + whither I went for the assistance and in defence of Mr. Coote, + and received a very ill wound in my right hand; and there this + fatal accident befel Mr. Coote from Mr. French whom Mr. Coote + had dangerously wounded, and I must account it a great + unhappiness to us all who were there: but so far was I from + encouraging of it, that I will prove to your lordships that I + did my utmost endeavours to prevent it; so far from any design + upon him, that I exposed my own life to save his; so far from + prepense malice, that I will, by many witnesses of good quality + and credit, prove to your lordships a constant good and + uninterrupted friendship from the first of our acquaintance to + the time of his death; which will appear by many instances of + my frequent company and correspondence with him, often lending + him money, and paying his reckonings; and about two months + before his death lent him an hundred guineas towards buying him + an ensign's place in the guards, and often, and even two nights + before this, he lodged with me, and that very night I paid his + reckoning. And when I have proved these things, and answered + what has been said about the sword and what other objections + they have made, I doubt not but that I shall be acquitted to + the entire satisfaction of your lordships, and all the world + that hear it. + + Before I go upon my evidence, I will crave leave further to + observe to your lordships, that at the Old Bailey, when I was + absent, Mr. French, James, and Dockwra, have been all tried on + the same indictment now before your lordships; and it was then + opened and attempted, as now it is, to prove it upon me also; + and by most of them the same witnesses who have now appeared; + and they were thereupon convicted only of manslaughter, which + could not have been, if I had been guilty of murder. And on + that trial it plainly appeared that Mr. French was the person + with whom he quarrelled, and who killed him. And now I will + call my witnesses. + + LORD HIGH STEWARD--Will your lordship please to go on to call + your witnesses, for the proof of what you have said; that is + the method, and then you are to make such observations as you + please. + + EARL OF WARWICK--My first witness is capt. Keeting, who was + with me at Locket's, but went away before capt. Coote or any of + them came; and he will tell you I was with him a while. + + [Then captain Keeting stood up.] + + LORD HIGH STEWARD--Capt. Keeting, you are not upon your oath, + because the law will not allow it. In cases of this nature the + witnesses for the prisoner are not to be upon oath; but you are + to consider that you speak in God's presence, who does require + the truth should be testified in all causes before courts of + judicature; and their lordships do expect, that in what + evidence you give here, you should speak with the same regard + to truth as if you were upon oath; you hear to what it is my + lord of Warwick desires to have you examined, what say you to + it? + + CAPTAIN KEETING--My lord, I will tell your lordship all the + matter I know of it. I met with my lord of Warwick that evening + at Tom's Coffee-house, and we continued there till about eight + at night; I went away to see for a gentleman that owed me + money, and afterwards I went to Locket's; and while I was + there, the drawer came up and told me, my lord of Warwick + desired to speak with me; and when he came up into the room, he + said he was to meet with my lord Mohun there, and capt. Coote, + and he asked me if I knew where capt. French and capt. James + were; I told him I dined with capt. Coote at Shuttleworth's; + and in a while after, capt. Coote came in, and about an hour + and an half, I think, I continued there, and capt. French came + in; capt. Dockwra and we drank together for an hour and an + half, and they admired, about ten o'clock that my lord Mohun + was not come; and I payed my reckoning, not being very well, + and away I went home; Mr. James came in just before I went + away; but there was no quarrelling, nor any thing like it + before I went away. + + EARL OF WARWICK--My lord, I desire he may be asked, Whether we + did not usually meet there as friends, especially capt. Coote + and I? + + CAPTAIN KEETING--Captain Coote and my lord of Warwick used to + be almost every day together at that place. + + EARL OF WARWICK--Pray, did he ever know or observe any + difference or quarrel between capt. Coote and me? + + CAPTAIN KEETING--No, my lord, I never saw any thing but the + greatest friendship between my lord of Warwick and captain + Coote that could be; I was with them, and saw them together + almost every day. + + LORD HIGH STEWARD--Have you any thing further to examine this + witness to? + + EARL OF WARWICK--No, my lord, I have no further question to ask + him. + + LORD HIGH STEWARD--Who is your next witness, my lord? + + EARL OF WARWICK--My lord, I suppose I shall not need to trouble + you to examine the chairmen over again; your lordships have + heard what they can say: I desire colonel Stanhope may be + called. + + [Who it seems stood by the Chair of State, and it was some + while before he could get round to come to the place the + witnesses were to stand.] + + LORD HIGH STEWARD--While this witness gets round, if your + lordship has any other witness ready to stand up, pray let him + be called. + + EARL OF WARWICK--To prove the kindness between capt. Coote and + me, I desire col. Blisset may be called. [Who stood up.] + + LORD HIGH STEWARD--What is it your lordship asks this witness + or calls him to? + + EARL OF WARWICK--To testify what he knows of any kindness or + unkindness between capt. Coote and me; whether he has not been + often in our company? + + LORD HIGH STEWARD--Have you been often in company with my lord + of Warwick and capt. Coote? + + COLONEL BLISSET--Yes, my lord, I was very well acquainted with + both of them for a twelve-month past before this accident and I + have often been in their company, and always observed that + there was a great deal of friendship and kindness between them. + + EARL OF WARWICK--My lord, I desire he may tell any particular + instance that he knows or can remember. + + COLONEL BLISSET--I remember when capt. Coote had his commission + in the regiment of guards, he was complaining of the + streightness of his circumstances; he was to pay for his + commission 400 guineas, and said he had but 300 for to pay for + it: and my lord of Warwick did then say to him, do not trouble + yourself about that, or let not that disturb you, for I will + take care you shall have 100 guineas, and he said he would give + order to his steward to pay him so much; and I was told + afterwards that he did so. + + EARL OF WARWICK--I desire he may tell, if he knows of any other + particular instances of my friendship to Mr. Coote? + + COLONEL BLISSET--Once when he was arrested by his taylor for + £13, my lord lent him five guineas, and used very frequently to + pay his reckoning for him. + + EARL OF WARWICK--I desire he may tell, if he knows any thing + else; and whether he has not lain at my lodgings, and + particularly but some small time before this accident happened. + + COLONEL BLISSET--About ten days before this unhappy accident + happened, I was at my lord of Warwick's lodgings, and when I + came there I found capt. Coote a-dressing himself; and I asked + him how that came to pass, and they told me they had been up + late together, and that he had sent home for his man to dress + himself there, upon which I did observe that they had been + a-rambling together over night; and there was a very great + familiarity between them. + + EARL OF WARWICK--Did you observe any quarrel between us? + + COLONEL BLISSET--No, none at all; I never knew of any quarrel + between my lord of Warwick and capt. Coote, but I observed + there was a particular kindness between them; and a great deal + of friendship I know my lord of Warwick shewed to him, in + paying of reckonings for him, and lending him money when he + wanted. + + EARL OF WARWICK--My lord, I desire he may be asked, whether he + does not know that capt. Coote was straitened for money? + + COLONEL BLISSET--I did hear capt. Coote say, that he had not + received any thing from his father for 13 months, and his + father was angry with him, and would not send him any supply, + because he would not consent to cut off the entail, and settle + two or three hundred pounds upon a whore he had. + + ATTORNEY-GENERAL--Pray, Sir, will you consider with yourself, + and though you are not upon your oath, answer the questions + truly, for you are obliged to speak the truth, though you are + not sworn, whenever you come to give your testimony in a court + of judicature; pray, acquaint my noble lords here, whether you + did never hear my lord Warwick complain of capt. Coote? + + COLONEL BLISSET--No, I never did hear him complain of him. + + ATTORNEY-GENERAL--Did you never hear the least word of any + quarrel between them? + + COLONEL BLISSET--No, indeed, I did never hear of any quarrel + between them. + + ATTORNEY-GENERAL--Did you never hear of any unkindness at all? + + COLONEL BLISSET--No, indeed, my lord, not I: I never so much as + heard of the least unkindness whatsoever. + + LORD HIGH STEWARD--Well then, my lord, who do you call next? + + EARL OF WARWICK--Now colonel Stanhope is here, I desire he may + be asked the same question, whether he does not know the + particular friendship that was between capt. Coote and me, and + what instances he can give of it? + + LORD HIGH STEWARD--You are to consider, Sir, though you are not + upon your oath you are in a great court, and under no less + restriction to testify the truth, and nothing but the truth: + You hear what my noble lord asks you. + + COLONEL STANHOPE--My lord, I have known my lord of Warwick and + capt Coote for about a twelve-month, and I did perceive that + they did always profess a great kindness for one another. + + EARL OF WARWICK--I desire to know of him, whether he observed + any particular friendship between capt. Coote and me, much + about the time of this business? + + COLONEL STANHOPE--About eight or ten days before this unhappy + accident, I went to wait upon my lord of Warwick twice at his + lodgings: Once I found capt. Coote there, one of them was in + bed, and the other was dressing of himself; I thought they were + very good friends that were so familiar, and I had good reason + to think so, because of that familiarity: Both the times that I + was there, when I found them together, was within eight days + before the accident happened. + + EARL OF WARWICK--The next witness I shall call will be Mr. + Disney. + + ATTORNEY-GENERAL--But before colonel Stanhope goes, I desire to + ask him this question, whether he did never hear or know of any + unkindness between my lord of Warwick and capt. Coote? + + COLONEL STANHOPE--No, indeed I did not; I always thought them + to be very good friends. + + LORD HIGH STEWARD--Will your lordship go on to your next + witness? + + EARL OF WARWICK--Yes, my lord, there he is, Mr. Disney; I + desire he may be asked what he knows of any expressions of + kindness and friendship between me and capt. Coote. + +_Disney_ spoke to Lord Warwick lending Coote 100 guineas towards the +price of his commission; he had observed great kindness between the +two, and had several times seen Lord Warwick pay Coote's reckoning. + +_Colonel Whiteman_ was then called. He had constantly seen Lord Warwick +and Coote together; + + they dined together almost every day for half a year's time + almost; and as to this time, when this business had happened, I + went to my lord of Warwick, being sent for by him, and found + him at a private lodging, where he expressed a great deal of + concern for the death of his dear friend Mr. Coote; and he + shewed me the wound he had received in his hand, and he desired + he might be private, and he told me he believed people would + make worse of it than it was, because he did not appear; but he + did but intend to keep himself out of the way till he could be + tried; and I took what care I could to get him a convenience to + go to France. + + ATTORNEY-GENERAL--Pray, what reason did he give for his going + away? + + COLONEL WHITEMAN--The king being at that time out of England, + and so the parliament not sitting, he said he did not love + confinement, and had rather be in France till the parliament + should meet, and he might have a fair trial, which he thought + he should best have in this House. + +He had never seen any unkindness or quarrel between them. + +_Edmund Raymund_, Lord Warwick's steward, knew of the loan of 100 +guineas by him to Coote, and provided the money paid on that occasion. + +Lord Warwick then stated that he wished to call French as a witness, and +desired that counsel might be heard on his behalf as to whether he could +be guilty of the death of a man on whose side he was fighting equally +with those who were fighting on the other side, and who had already been +convicted of manslaughter. + +After a brief discussion, it was decided that counsel should be heard on +the question whether French was a competent witness. The facts were that +he had been indicted for murder, and convicted of manslaughter; he +claimed the benefit of clergy,[35] which was allowed him; the burning +on his hand was respited, and a pardon remitting the burning altogether +had been delivered to the Lord High Steward under the Privy Seal, but +had not passed the Great Seal. + +Lord Warwick had accordingly to maintain that French was a good witness +without having been burnt on his hand, or having been pardoned. + +The _Attorney-General_ first proceeded to argue that an allowance of +clergy did not make a felon convict a competent witness.[36] It did not +discharge him from his offence, set him _rectus in curia_, and 'make him +in all respects a person fit to have the benefit and privileges of a +"probus et legalis homo"' till he had passed through those methods of +setting himself right in the eye of the law, that the law had +prescribed. The burning in the hand under the statute of Henry VII. was +not a punishment; it only showed that the branded person was not to have +his clergy again. Purgation was abolished by the statute of Elizabeth, +but satisfaction was not made to the law, the convict was not fully +discharged from its operation, and his credit was not restored, till he +was branded or pardoned. Till then 'the conviction remains upon him,' +and he was not capable of being a witness. + +_The Solicitor-General_, Sir John Hawles,[37] followed to the same +effect, and, by the order of the Court _Powys_[38] was then heard on +behalf of the prisoner. He agreed with the Attorney-General that the +branding under the statute of Henry VII. was only for the purpose of +showing that the branded man has had his clergy once, and was not a +punishment; the punishment still remained to be inflicted by the process +of purgation. But purgation was abolished after the Reformation by the +statute of Elizabeth 'because it was only an outward appearance and shew +of purgation, and was often the occasion of very great perjuries.' The +Court had power to imprison the convicted man for a year; but that was +not any more a punishment and a means of restoring a man to credit than +was the branding.[39] + +'What we insist on is this, that the allowance of clergy sets him right +in court, since purgation is abolished, and is the same thing as if he +had undergone the ceremonial parts of a formal purgation'; the prisoner +was to have the same benefit of his clergy as purgation would have given +him before the statute, and on being allowed his clergy is to be in the +same condition as if he had undergone purgation or been pardoned. The +respiting of the burning of the hand till the king's pardon could be +obtained was not to put him in a worse condition than he would have been +in had he been actually burnt. Cases were quoted, one of which was +afterwards fairly distinguished, and it was urged that the burning was +only a condition precedent to the accused getting out of prison, not to +his being restored to his credit. + +_Serjeant Wright_ replied for the Crown. He admitted that a pardon would +restore a convict to credit as a witness, and that an allowance of +clergy, followed by a burning of the hand, would have the same effect: +now that purgation was abolished, the burning had taken its place; 'that +is the very terms of the statute on which he is to be discharged; that +must actually be done before he can be put into the same condition that +he was in before the conviction, and consequently make him capable of +being a witness.' One of the cases quoted by Powys was distinguished, +and Hale was quoted to support the argument for the Crown. + +_Lord Chief-Justice Treby_[40] was then called on for his opinion, and +gave it that French was not a competent witness. He had not yet actually +been pardoned, for pardons were not operative till they had passed the +Great Seal. By his conviction he had forfeited his liberty, his power of +purchasing chattels or holding land, and his credit. + +These losses formerly might be restored by purgation; but purgation was +now replaced by burning in the hand. The imprisonment under the statute +was not a necessary condition to a restoration of credit, because it was +'a collateral and a new thing'; the party was not imprisoned 'by virtue +of his conviction, but by a fresh express order of the judges, made upon +the heinousness of the circumstances appearing on the evidence. They +may, and generally do, forbear to commit at all; and when they do, it +may be for a month or two, at their discretion.' In any case the burning +was a condition precedent to a restoration to credit. 'To me the law is +evident. A peer shall have this benefit without either clergy or +burning. A clerk in orders, upon clergy alone, without burning. A +lay-clerk, not without both.' + +_Lord Chief-Baron Ward_[41] and _Nevill, J._,[42] expressed themselves +as of the same opinion; and it was decided that French should not be +admitted as a witness. + +It was then suggested that counsel should be heard on the point +whether, supposing that Lord Warwick had been on Coote's side in the +fight, he was guilty of his death; but it was decided that as there was +still a question whether the facts were as alleged this could not be +done. + +Lord Warwick was then invited to sum up his evidence, 'which is your own +work, as not being allowed counsel as to matter of fact,' and to make +any observations he liked. He preferred, however, to say nothing. + +_The Solicitor-General_ then proceeded to sum up for the Crown, and +since he could not be heard by some lords at the upper end of the house, +the _Duke of Leeds_ moved either that 'any person that has a stronger +voice should sum up the evidence,' or that 'you will dispense with the +orders of the house so far, as that Mr. Solicitor may come to the +clerk's table, or some other place within the house, where he may be +heard by all.' _The Earl of Rochester_ opposed the second alternative on +the ground that 'in point of precedent many inconveniences' would occur +were such a course adopted. + +_The Earl of Bridgewater_ suggested that the difficulty might be met by +sending the guard to clear the passages about the court, which was +accordingly done, apparently with success. + +_The Solicitor-General_ then continued his summing up the evidence; his +only original comment on the case being that as there was no evidence +as to whose hand it was by which Coote was wounded, 'until that can be +known, every person that was there must remain under the imputation of +the same guilt, as having a hand, and contributing to his death.' + + Then the lords went back to their own house in the same order + they came into the court in Westminster Hall, and debated the + matter among themselves, what judgment to give upon the + evidence that had been heard; and in about two hours' time they + returned again into the court, erected upon a scaffold in + Westminster-hall; and after they were seated in their places, + the Lord High Steward being seated in his chair before the + throne, spoke to the Lords thus: + + LORD HIGH STEWARD--Will your lordships proceed to give your + judgment? + + LORDS--Ay, Ay. + + Then the Lord High Steward asked this question of every one of + the lords there present, beginning with the puisne baron, which + was the lord Bernard. + + LORD HIGH STEWARD--My lord Bernard, is Edward Earl of Warwick + guilty of the felony and murder whereof he stands indicted, or + not guilty? + + The lord Bernard stood up in his place uncovered, and laying + his right hand upon his breast pronounced his judgment thus: + + LORD BERNARD--Not Guilty of murder, but Guilty of manslaughter, + upon my honour. + + The same question was asked severally of all the lords, who in + the same form delivered the same opinion. + + Then the Lord High Steward reckoned up the number of peers + present, and the opinions that were given, and announced that + there were 93 present, and that they had all acquitted lord + Warwick of murder, but had found him guilty of manslaughter. + Lord Warwick was then called in, the judgment was announced to + him, and he was asked what he had to say why judgment of death + should not be pronounced against him according to law. And he + claimed the benefit of his peerage, under the statute of Edward + the 6th. + + LORD HIGH STEWARD--My lord, your lordship has demanded the + benefit of your peerage upon the statute of Edward the 6th, and + you must have it by law; but I am directed by their lordships + to acquaint you that you cannot have the benefit of that + statute twice; therefore, I am likewise directed by their + lordships to say that they hope you will take a more than + ordinary care of your behaviour for the future, that so you may + never hereafter fall into such unfortunate circumstances as you + have been now under; my lords hope this will be so sensible a + warning, that nothing of this kind will ever happen to you + again; your lordship is now to be discharged. + + LORD HIGH STEWARD--Is it your lordships' pleasure to adjourn to + the House of Lords? + + LORDS--Ay, Ay. + + LORD HIGH STEWARD--This House is adjourned to the House of + Lords. + + Then the lords went in procession, in the same order that they + came into the court. + +The next day Lord Mohun was tried on a similar indictment before the +same court. And most of the same witnesses having given the same +evidence again, he was acquitted and discharged. He then expressed +himself thus: + + LORD MOHUN--My lords, I do not know which way to express my + great thankfulness and acknowledgment of your lordships' great + honour and justice to me; but I crave leave to assure your + lordships, that I will endeavour to make it the business of the + future part of my life, so to behave myself in my conversation + in the world, as to avoid all things that may bring me under + any such circumstances, as may expose me to the giving your + lordships any trouble of this nature for the future. + +Then proclamation was made dissolving the Commission, and the Court +adjourned. + + * * * * * + +As is well known, the duel described in this trial is the original of +that described in _Esmond_ between Lord Castlewood and Lord Mohun; it +may therefore be of interest to transcribe a few passages out of the +latter work, premising only that there seems to be some faint +relationship between Captain Macartney, Lord Mohun's second in his duel +with Lord Castlewood, and the Lord Macartney who afterwards assisted him +in the same capacity in his final meeting with the Duke of Hamilton. +Lord Castlewood, as will be remembered, had come up to London to fight +Lord Mohun, really on account of his relations with Lady Castlewood, +nominally as the result of a quarrel at cards, which it was arranged +should have all the appearance of taking place. Lord Castlewood, Jack +Westbury, and Harry Esmond all meet together at the 'Trumpet,' in the +Cockpit, Whitehall. + + When we had drunk a couple of bottles of sack, a coach was + called, and the three gentlemen went to the Duke's Playhouse, + as agreed. The play was one of Mr. Wycherley's--_Love in a + Wood_. Harry Esmond has thought of that play ever since with a + kind of terror, and of Mrs. Bracegirdle, the actress who + performed the girl's part in the comedy. She was disguised as a + page, and came and stood before the gentlemen as they sat on + the stage, and looked over her shoulder with a pair of arch + black eyes, and laughed at my lord, and asked what ailed the + gentleman from the country, and had he had bad news from + Bullock fair? + + Between the acts of the play the gentlemen crossed over and + conversed freely. There were two of Lord Mohun's party, Captain + Macartney, in a military habit, and a gentleman in a suit of + blue velvet and silver, in a fair periwig with a rich fall of + point of Venice lace--my Lord the Earl of Warwick and Holland. + My lord had a paper of oranges, which he ate, and offered to + the actresses, joking with them. And Mrs. Bracegirdle, when my + lord Mohun said something rude, turned on him, and asked him + what he did there, and whether he and his friends had come to + stab anybody else, as they did poor Will Mountford? My lord's + dark face grew darker at this taunt, and wore a mischievous, + fatal look. They that saw it remembered it, and said so + afterward. + + When the play was ended the two parties joined company; and my + Lord Castlewood then proposed that they should go to a tavern + and sup. Lockit's, the 'Greyhound,' in Charing Cross was the + house selected. All three marched together that way, the three + lords going a-head.' + +At the 'Greyhound' they play cards, and Esmond tries in vain to quarrel +with Mohun himself. + + My Lord Mohun presently snuffed a candle. It was when the + drawers brought in fresh bottles and glasses and were in the + room--on which my Lord Viscount said, 'The Deuce take you, + Mohun, how damned awkward you are. Light the candle, you + drawer.' + + 'Damned awkward is a damned awkward expression, my lord,' says + the other. 'Town gentlemen don't use such words--or ask pardon + if they do.' + + 'I'm a country gentleman,' says my Lord Viscount. + + 'I see it by your manner,' says my Lord Mohun. 'No man shall + say damned awkward to me.' + + 'I fling the words in your face, my lord,' says the other; + 'shall I send the cards too?' + + 'Gentlemen, gentlemen! before the servants?' cry out Colonel + Westbury and my Lord Warwick in a breath. The drawers go out of + the room hastily. They tell the people below of the quarrel + upstairs. + + 'Enough has been said,' says Colonel Westbury. 'Will your + lordships meet to-morrow morning?' + + 'Will my Lord Castlewood withdraw his words?' asks the Earl of + Warwick. + + 'My lord Castlewood will be ---- first,' says Colonel Westbury. + + 'Then we have nothing for it. Take notice, gentlemen, there + have been outrageous words--reparation asked and refused.' + + 'And refused,' says my Lord Castlewood, putting on his hat. + 'Where shall the meeting be? and when?' + + 'Since my lord refuses me satisfaction, which I deeply regret, + there is no time so good as now,' says my Lord Mohun. 'Let us + have chairs, and go to Leicester Field.' + + 'Are your lordship and I to have the honour of exchanging a + pass or two?' says Colonel Westbury, with a low bow to my Lord + of Warwick and Holland. + + 'It is an honour for me,' says my lord, with a profound congée, + 'to be matched with a gentleman who has been at Mons and + Namur.' + + 'Will your Reverence permit me to give you a lesson?' says the + captain. + + 'Nay, nay, gentlemen, two on a side are plenty,' says Harry's + patron. 'Spare the boy, Captain Macartney,' and he shook + Harry's hand for the last time, save one, in his life. + + At the bar of the tavern all the gentlemen stopped, and my Lord + Viscount said, laughing, to the bar-woman, that those cards set + people sadly a-quarrelling; but that the dispute was over now, + and the parties were all going away to my Lord Mohun's house, + in Bow Street, to drink a bottle more before going to bed. + + A half-dozen of chairs were now called, and the six gentlemen + stepping into them, the word was privately given to the + chairmen to go to Leicester Field, where the gentlemen were set + down opposite the 'Standard Tavern.' It was midnight, and the + town was a-bed by this time, and only a few lights in the + windows of the houses; but the night was bright enough for the + unhappy purpose which the disputants came about; and so all six + entered into that fatal square, the chairmen standing without + the railing and keeping the gate, lest any persons should + disturb the meeting. + + All that happened there hath been matter of public notoriety, + and is recorded, for warning to lawless men, in the annals of + our country. After being engaged for not more than a couple of + minutes, as Harry Esmond thought (though being occupied at the + time with his own adversary's point, which was active, he may + not have taken a good note of time) a cry from the chairmen + without, who were smoking their pipes, and leaning over the + railings of the field as they watched the dim combat within, + announced that some catastrophe had happened, which caused + Esmond to drop his sword and look round, at which moment his + enemy wounded him in the right hand. But the young man did not + heed this hurt much, and ran up to the place where he saw his + dear master was down. + + My Lord Mohun was standing over him. + + 'Are you much hurt, Frank?' he asked in a hollow voice. + + 'I believe I'm a dead man,' my lord said from the ground. + + 'No, no, not so,' says the other; 'and I call God to witness, + Frank Esmond, that I would have asked your pardon, had you but + given me a chance. In--in the first cause of our falling out, I + swear that no one was to blame but me, and--and that my + lady----' + + 'Hush!' says my poor Lord Viscount, lifting himself on his + elbow and speaking faintly. 'Twas a dispute about the + cards--the cursed cards. Harry, my boy, are you wounded too? + God help thee! I loved thee, Harry, and thou must watch over + my little Frank--and--and carry this little heart to my wife.' + + And here my dear lord felt in his breast for a locket he wore + there, and, in the act, fell back fainting. + + We were all at this terrified, thinking him dead; but Esmond + and Colonel Westbury bade the chairmen come into the field; and + so my lord was carried to one Mr. Aimes, a surgeon, in Long + Acre, who kept a bath, and there the house was wakened up, and + the victim of this quarrel carried in. + +FOOTNOTES: + +[31] Charles, fifth Baron Mohun (1675?-1712), was the eldest son of the +fourth baron, who died from a wound received in a duel when his son was +about two years old. He fought his first duel in 1692, breaking out of +his lodgings, where he was confined in consequence of a quarrel over +dice, for the purpose, with the assistance of the Earl of Warwick of the +present case, the grandson of the Lord Holland of the Civil War. This +encounter ended in both combatants being disarmed. Two days later he +abetted in the murder of Mountfort, an actor. One Captain Hill was in +love with Mrs. Bracegirdle, the famous actress, and supposed that he had +cause to be jealous of the attentions she received from Mountfort, the +equally eminent actor. Accordingly Hill and Mohun formed a plan +(estimated to cost £50 in all) to carry off the lady as she came out of +the theatre: and providing themselves with a coach-and-six and a body of +soldiers set out on the enterprise. They missed Mrs. Bracegirdle at the +theatre, but found her by chance coming out of a house in Drury Lane +where she had supped. The attempt to carry her off in the coach failed, +owing to the vigorous resistance made by her friends. Hill and Mohun, +however, were allowed to escort her to her lodgings in Howard Street, +where they saw her safely home. Mountfort lived in Norfolk Street, at +the bottom of Howard Street; and as he was passing down the latter some +two hours later, he was accosted by Mohun in a more or less friendly +way; but while they were talking together, he was attacked and killed by +Hill, who did not give him time to draw his sword. Hill fled, but Mohun +was tried by his peers in Westminster Hall, January 1692-93. The trial +excited great interest partly owing to the youth of the prisoner, and on +a question being raised as to the degree of complicity necessary to +constitute his guilt, he was acquitted. A report of the trial will be +found in _State Trials_, xii. 950. There are also some picturesque +references to it in Chapter xix. of Macaulay's _History_. Mohun fought +another duel in 1694, served for two years in Flanders, returned to +England, and fought a duel with Captain Bingham in St. James's Park, +which was interrupted by the sentries. The same year he was present at +the death of Captain Hill, in the Rummer Tavern. The present case +occurred in 1698, and seems to have closed his career as a rake. He was +sent under Lord Macclesfield on a mission to present the +Electress-Dowager Sophia with a copy of the Act of Succession, and he +frequently took part in debates in the House of Lords. After Lord +Macclesfield's death he became entangled in a long course of litigation +with the Duke of Hamilton; and on their meeting in Master's Chambers, +remarks passed between them which led to a duel, when both were killed. +The Tories suggested that the Whigs had arranged the duel in order to +get rid of Mohun because they were tired of him, and Hamilton, because +they wanted to prevent his projected embassy to France. + +[32] John Lord Somers (1651-1716) was born at Whiteladies, near +Worcester, educated at Trinity College, Oxford, and called in 1676. He +appeared as junior counsel in the trial of the Seven Bishops, at the +instance of Pollexfen (see vol. i. p. 241), and took a conspicuous part +in the settlement of the monarchy after the Revolution, being an +influential member of the Committee which drafted the Declaration of +Rights. He became Solicitor-General in 1689, and Attorney-General in +1692, in which capacity it is curious to notice that he conducted the +prosecution of Lord Mohun for the murder of Mountfort (see _ante_, p. +60). He became William III.'s first Lord Keeper in 1692-3, and Lord +Chancellor in 1697. During all this time he was one of William's most +trusted advisers, and was consulted by him on the most confidential +questions relating to foreign policy. He was also familiar with the +leading literary and scientific men of his time, being responsible for +Addison's pension, and receiving the dedication of the _Tale of a Tub_ +from Swift. He also conferred favours on Rymer and Madox. He resigned +the Great Seal in 1700 after a motion for his perpetual exclusion from +the presence of the King had been defeated by a small majority in the +House of Commons; having already lost the King's confidence by the +position he adopted in regard to William's propositions for a standing +army, and attracted the hostility of the country partly by his +opposition to the bill for the resumption of the grants of forfeited +Irish estates. He played a conspicuous part in the reign of Queen Anne +as the head of the Whig junto formed at the beginning of that reign, but +never resumed office. + +[33] Sir Nathan Wright (1653-1721), born of an Essex family, was +educated at Emmanuel College, and was called in 1677. He was junior +counsel for the Crown in the trial of the Seven Bishops, and opened the +pleadings. He became Serjeant in 1692. On the retirement of Lord Somers +in 1700, a difficulty was found in providing a successor, and eventually +the post of Lord Chancellor was offered to, and accepted by, Wright. He +enjoyed no reputation, good or bad, as a judge, except that he was very +slow, and generally considered unfit for the place. After holding office +for five years he was dismissed on the accession to power by the Whigs +in 1705. Speaking of his appointment as Lord Chancellor, Lord Campbell +says, 'The occasional occurrence of such elevations seems wisely +contrived by Providence to humble the vanity of those who succeed in +public life, and to soften the mortification of those who fail.' + +[34] Thomas Lord Trevor (1659?-1730) was the son of a Secretary of State +of Charles II. He was called in 1680, became a bencher in 1689, +Solicitor-General in 1692, Attorney-General in 1695. He refused to +succeed Lord Somers in 1700; but in 1701 succeeded Sir George Treby as +Chief-Justice of the Common Pleas. He was re-appointed by Queen Anne, +and was one of the twelve peers created by her in 1711 to create a +majority in the House of Lords. He was removed from office in 1714 on +the accession of George I.; but leaving the Tory party, which he had +joined in Anne's reign, became Lord Privy Seal in 1726, and President of +the Council in 1730, but died six weeks afterwards. He enjoyed a +reputation as a good judge; but is chiefly remembered for his proper +conduct of Crown prosecutions as Attorney-General after the Revolution. + +[35] Benefit of clergy was originally the right of the clergy to be +exempt from the jurisdiction of the lay courts, and to be handed over to +the ordinary to make 'purgation.' This the accused clerk did by swearing +to his own innocence and producing twelve compurgators who swore to the +same effect. He was then 'usually acquitted' by a jury of twelve clerks; +but otherwise he was degraded and put to penance. The right itself was +gradually restricted: partly by a construction of the Statute of +Westminster the First (1275), by which it was held to be necessary that +the clerk should be indicted before he could claim his benefit; partly +by the practice prevailing in the time of Henry VI. that he must first +be convicted. Meanwhile its scope had been largely increased by its +extension in 1360 to all lay clerks, who were taken to mean persons +capable of reading. The law, however, which was applicable to the +present case depended on two statutes, 4 Henry VII., c. 13, and 18 +Elizabeth, c. 7; by the former any person allowed his clergy was to be +branded, and was not to be allowed it again unless he was actually in +orders; by the latter purgation was abolished, and any person taking +benefit of clergy was to be discharged from prison subject to the power +of the judge to imprison him for a year. By a statute of Edward _VI._ +also, a peer ('though he cannot read') was allowed a privilege +equivalent to benefit of clergy, but was not to be branded. + +A certain number of offences were excluded from benefit of clergy during +earlier times, and a great number during the eighteenth century, at the +beginning of which the privilege was extended to all prisoners. Finally, +the system was abolished in 1827. How this system, occupying as it did +an important position in the criminal procedure of this country till a +comparatively modern date, impresses a lawyer of the present day, may +best be described in the words of Sir James Stephen:--'Of this branch of +the law, Blackstone characteristically remarks that the English +legislature "in the course of a long and laborious process, extracted by +noble alchemy rich medicines out of poisonous ingredients." According to +our modern views it would be more correct to say that the rule and the +exception were in their origin equally crude and barbarous, that by a +long series of awkward and intricate changes they were at last worked +into a system which was abolished in a manner as clumsy as that in which +it was constructed' (_History of the Criminal Law_, vol. i. p. 458).... +'The result of this was to bring about, for a great length of time, a +state of things which must have reduced the administration of justice to +a sort of farce. Till 1487 any one who knew how to read might commit +murder as often as he pleased, with no other result, than that of being +delivered to the ordinary to make his purgation, with the chance of +being delivered to him _absque purgatione_. That this should have been +the law for several centuries seems hardly credible, but there is no +doubt that it was. Even after 1487, a man who could read could commit +murder once with no other punishment than that of having M. branded on +the brawn of his left thumb, and if he was a clerk in orders he could, +till 1547, commit any number of murders apparently without being branded +more than once' (_Ibid._, vol. i. p. 462). + +[36] Convicted felons were incompetent as witnesses till the passing of +Lord Denman's Act in 1843. + +[37] Sir John Hawles (1645-1716) was born in Salisbury of a Dorsetshire +family. He was educated at Winchester and Queen's College, Oxford. In +1689 he sat in the House of Commons for Old Sarum; he succeeded Sir +Thomas Trevor as Solicitor-General in 1695 and so remained till 1702. He +afterwards represented various western boroughs in Parliament, most of +them Cornish. He was one of the managers of Sacheverell's impeachment in +1710. He died at Upwinborne. + +[38] Sir Thomas Powys (1649-1719), of a Shropshire family, was educated +at Shrewsbury, and was called in 1673. He became Solicitor-General in +1686, and as a supporter of the dispensing power became Attorney-General +in 1687. As such he conducted the prosecution of the Seven Bishops. He +frequently appears for the defence in State Trials during the reign of +William III. He represented Ludlow in Parliament from 1701 to 1713, was +made a Serjeant at the beginning of Anne's reign, and a Judge of the +Queen's Bench in 1713. He was, however, removed from the bench on the +accession of George I. + +[39] To a modern practitioner to whom benefit of clergy is merely an +archæological puzzle, it would seem that the proper argument was that +the imprisonment was a punishment, and that as French had not been +imprisoned he was quit of the law; but two centuries make a great deal +of difference in arguments on points of law. + +[40] Sir George Treby (1644-1700), the son of a Devon gentleman, entered +Exeter College in 1661, and was called in 1671. He represented his +native town of Plympton in the House of Commons in both Parliaments in +1679, and was a manager in the impeachment of Lord Stafford. He +succeeded Jeffreys as Recorder of London in 1680, but was removed after +the success of the _Quo Warranto_ proceedings. He sat in the Oxford +Parliament of 1681, and resumed his seat as Recorder after the arrival +of the Prince of Orange. He afterwards re-entered Parliament, succeeded +Pollexfen as Solicitor-General in 1689, as Attorney-General in the same +year, and as Lord Chief-Justice of the Common Pleas in 1692. + +[41] Edward Ward was called in 1670, and was engaged to assist Lord +Russell in his trial. He was a candidate for the office of Sheriff of +London in the famous election of 1683 (_ante_, pp. 3, 15). He refused a +judgeship at the Revolution; became Attorney-General in 1693, and Chief +Baron in 1695. He died in 1714. He was an ancestor of the late Mr. G. +Ward Hunt. + +[42] Sir Edward Nevill was called in 1658. He was knighted in 1681, on +presenting an address to Charles II. as Recorder of Bath. He became +Serjeant in 1684, and a Baron of the Exchequer in 1685. He was dismissed +six months afterwards for refusing to support the royal assumption of +the dispensing power. Fosse gives a striking extract from his evidence +before Parliament in 1689, to show how the power of the Executive was +actually brought to bear on the Stewart judges. He was restored to his +office after the Revolution, removed to the Common Pleas in 1691, and +died in 1705. + + + + +SPENCER COWPER AND OTHERS + + +Spencer Cowper,[43] a barrister; Ellis Stephens and William Rogers, +attorneys; and John Marston, a scrivener, were indicted at the Hertford +Summer Assizes in 1699 for the murder of Sarah Stout, on the 13th of the +previous March. They were tried at the same Assizes, before Baron +Hatsell,[44] on the 16th of July. + +The indictment alleged that they had murdered Sarah Stout by strangling +her, and had then thrown her body into the Priory River to conceal the +body. To this, all the prisoners pleaded Not Guilty. + +_Jones_ appeared for the prosecution; Cowper defended himself, and +practically the other prisoners as well. + +The prisoners agreed that Cowper's challenges should be taken to be the +challenges of all of them; and enough jurors were then challenged to +exhaust the panel. Accordingly, after some discussion, Jones was called +upon to show cause for his challenges. + + CLERK OF ARRAIGNS--Call Daniel Clarke. + + HATSELL, BARON--Mr. Jones, if you can say any juryman hath said + anything concerning the cause, and given his verdict by way of + discourse, or showed his affection one way or the other, that + would be good cause of challenge. + + JONES--My lord, then we should keep you here till to-morrow + morning. + + HATSELL, BARON--If there hath been any great friendship between + any juryman and the party, it will look ill if it is insisted + upon. + + COWPER--My lord, I do not insist upon it, but I profess I know + of no friendship, only that Mr. Clarke in elections hath taken + our interest in town; I know I have a just cause, and I am + ready to be tried before your lordship and any fair jury of the + county; therefore I do not insist upon it. + +A jury was then sworn, and _Jones_ opened the case for the prosecution. + + JONES--May it please your lordship, and you gentlemen that are + sworn, I am of counsel for the king in this cause, and it is + upon an indictment by which the gentlemen at the bar stand + accused for one of the foulest and most wicked crimes almost + that any age can remember; I believe in your county you never + knew a fact of this nature; for here is a young gentlewoman of + this county strangled and murdered in the night time. The thing + was done in the dark, therefore the evidence cannot be so plain + as otherwise might be. + + After she was strangled and murdered, she was carried down into + a river to stifle the fact, and to make it supposed she had + murdered herself; so that it was indeed, if it prove otherwise, + a double murder, a murder accompanied with all the + circumstances of wickedness and villainy that I remember in all + my practice or ever read of. + + This fact, as it was committed in the night time, so it was + carried very secret, and it was very well we have had so much + light as we have to give so much satisfaction; for we have + here, in a manner, two trials; one to acquit the party that is + dead, and to satisfy the world, and vindicate her reputation, + that she did not murder herself, but was murdered by other + hands. For my part, I shall never, as counsel in the case of + blood, aggravate; I will not improve or enlarge the evidence + at all; it shall be only my business to set the fact as it is, + and to give the evidence, and state it as it stands here in my + instructions. + + My lord, for that purpose, to lead to the fact, it will be + necessary to inform you, that upon Monday the 13th of March, + the first day of the last assizes here, Mr. Cowper, one of the + gentlemen at the bar, came to this town, and lighted at Mr. + Barefoot's house, and staid there some time, I suppose to dry + himself, the weather being dirty, but sent his horse to Mrs. + Stout's, the mother of this gentlewoman. Some time after he + came thither himself, and dined there, and staid till four in + the afternoon; and at four, when he went away, he told them he + would come and lodge there that night, and sup. + + According to his word he came there, and had the supper he + desired; after supper Mrs. Stout, the young gentlewoman, and he + sat together till near eleven o'clock. At eleven o'clock there + was orders given to warm his bed, openly to warm his bed in his + hearing. The maid of the house, gentlemen, upon this went up + stairs to warm his bed, expecting the gentleman would have come + up and followed her before she had done; but it seems, while + she was warming his bed, she heard the door clap together; and + the nature of that door is such, that it makes a great noise at + the clapping of it to, that any body in the house may be + sensible of any one's going out. The maid upon this was + concerned, and wondered at the meaning of it, he promising to + lie there that night; she came down, but there was neither Mr. + Cowper nor Mrs. Stout; so that we suppose, and for all that we + can find and learn, they must go out together. After their + going out, the maid and mother came into the room; and the + young gentlewoman not returning, nor Mr. Cowper, they sat up + all night in the house, expecting what time the young + gentlewoman would return. The next morning, after they had sat + up all night, the first news of this lady was, that she lay + floating and swimming in water by the mill dam. Upon that there + was several persons called; for it was a surprize how this + should come to pass. There she lay floating with her petticoats + and apron, but her night rail and morning gown were off, and + one of them not found till some time after; and the maid will + give you an account how it came to be found. + + This made a great noise in the country; for it was very + extraordinary, it happening that from the time the maid left + Mr. Cowper and this young gentlewoman together, she was not + seen or heard of till next morning, when she was found in this + condition, with her eyes broad open, floating upon the water. + + When her body came to be viewed, it was very much wondered at; + for in the first place, it is contrary to nature, that any + persons that drown themselves should float upon the water. We + have sufficient evidence, that it is a thing that never was; if + persons come alive into the water, then they sink; if dead, + then they swim; that made some more curious to look into this + matter. At first, it was thought that such an accident might + happen, though they could not imagine any cause for this woman + to do so, who had so great prosperity, had so good an estate, + and had no occasion to do an action upon herself so wicked and + so barbarous, nor cannot learn what reason she had to induce + her to such a thing. Upon view of the body, it did appear there + had been violence used to the woman; there was a crease round + her neck, she was bruised about her ear; so that it did seem as + if she had been strangled either by hands or a rope. + + Gentlemen, upon the examination of this matter, it was wondered + how this matter came about, it was dark and blind. The coroner + at that time, nor these people, had no evidence given, but the + ordinary evidence, and it passed in a day. We must call our + witnesses to this fact, that of necessity you must conclude she + was strangled, and did not drown herself. If we give you as + strong a proof as can be upon the nature of the fact, that she + was strangled, then the second matter under that enquiry will + be, to know who, or what persons, should be the men that did + the fact. I told you before, it was, as all wicked actions are, + a matter of darkness, and done in secret to be kept as much + from the knowledge of men as was possible. + + Truly, gentlemen, as to the persons at the bar, the evidence of + the fact will be very short, and will be to this purpose. + + Mr. Cowper was the last man unfortunately in her company; I + could wish he had not been so with all my heart; it is a very + unfortunate thing, that his name should upon this occasion be + brought upon the stage: but then, my lord, it was a strange + thing, here happens to be three gentlemen; Mr. Marson, Mr. + Rogers, and Mr. Stephens. As to these three men, my lord, I do + not hear of any business they had here, unless it was to do + this matter, to serve some interest or friend that sent them + upon this message; for, my lord, they came to town (and in + things of this nature it is well we have this evidence; but if + we had not been straightened in time, it would have brought + out more; these things come out slowly), these persons, Mr. + Stephens, Mr. Rogers, and Mr. Marson, came to town here on the + thirteenth of March last, the assize day. My lord, when they + came to town, they came to an house, and took lodgings at one + Gurrey's; they took a bed for two, and went out of their + lodging, having taken a room with a large bed in it; and + afterwards they went to the Glove and Dolphin, and then about + eight o'clock one Marson came to them there; in what company + they came, your lordship and the jury will know by and by; they + staid there, my lord, at the Glove from eight to eleven, as + they say. At eleven these three gentlemen came all into their + lodging together to this Gurrey's. My lord, when they came in, + it was very observable amongst them, unless there had been a + sort of fate in it, first, That they should happen to be in the + condition they were; and, secondly, fall upon the discourse + they did at that time; for, my lord, they called for fire, and + the fire was made them; and while the people of the house were + going about, they observed and heard these gentlemen talk of + Mrs. Sarah Stout; that happened to be their discourse; one said + to the other, Marson, she was an old sweetheart of yours: Ay, + saith he, but she cast me off, but I reckon by this time a + friend of mine has done her business. Another piece of + discourse was, I believe a friend of mine is even with her by + this time. They had a bundle of linen with them, but what it + was is not known, and one takes the bundle and throws it upon + the bed; well, saith he, her business is done, Mrs. Sarah + Stout's courting days are over; and they sent for wine, my + lord; so after they had drank of the wine they talked of it, + and one pulled out a great deal of money; saith one to + another, what money have you spent to-day? Saith the other, + thou hast had 40 or 50 pounds for thy share: Saith the other, I + will spend all the money I have, for joy the business is done. + + My lord, this discourse happened to be among them; which made + people of the house consider and bethink themselves; when the + next day they heard of this Mrs. Stout's being found in the + water, this made them recollect and call to mind all these + discourses. + + My lord, after these gentlemen had staid there all night, next + morning, truly, it was observed (and I suppose some account + will be given of it) that Mr. Cowper and they did meet + together, and had several discourses, and that very day went + out of town; and I think as soon as they came to Hoddesden, + made it all their discourse and business to talk of Mrs. Stout. + My lord, we will call our witnesses, and prove all these facts + that I have opened to your lordship; and then I hope they will + be put to give you some account how all these matters came + about. + + +_Call Sarah Walker_ (_who was sworn_). + + JONES--Mrs. Walker, pray give an account to my lord and the + jury, of Mr. Cowper's coming to your house the 13th of March, + and what was done from his coming there at night to his going + out? + + WALKER--May it please you, my lord, on Friday before the last + assizes, Mr. Cowper's wife sent a letter to Mrs. Stout, that + she might expect Mr. Cowper at the assize time; and therefore + we expected Mr. Cowper at that time, and accordingly provided; + and as he came in with the judges, she asked him if he would + alight? He said no; by reason I come in later than usual, I + will go into the town and show myself, but he would send his + horse presently. She asked him, how long it would be before he + would come, because they would stay for him? He said, he could + not tell, but he would send her word; and she thought he had + forgot, and sent me down to know, whether he would please to + come? He said, he had business, and he could not come just + then; but he came in less than a quarter of an hour after, and + dined there, and he went away at four o'clock: and then my + mistress asked him, if he would lie there? And he answered yes, + and he came at night about 9; and he sat talking about half an + hour, and then called for pen, ink and paper, for that, as he + said, he was to write to his wife; which was brought him, and + he wrote a letter; and then my mistress went and asked him, + what he would have for supper? He said milk, by reason he had + made a good dinner; and I got him his supper, and he eat it; + after she called me in again, and they were talking together, + and then she bid me make a fire in his chamber; and when I had + done so, I came and told him of it, and he looked at me, and + made me no answer; then she bid me warm the bed, which + accordingly I went up to do as the clock struck eleven, and in + about a quarter of an hour I heard the door shut, and I thought + he was gone to carry the letter, and staid about a quarter of + an hour longer, and came down, and he was gone and she; and + Mrs. Stout the mother asked me the reason why he went out when + I was warming his bed? and she asked me for my mistress, and I + told her I left her with Mr. Cowper, and I never saw her after + that nor did Mr. Cowper return to the house. + +She sat up all night; she next saw Sarah Stout when she had been taken +out of the water the next morning. On being pressed, she was certain +that it was a quarter after eleven by their clock when Cowper left the +house; their clock was half an hour faster than the town clock. + + COWPER--Pray, what account did you give as to the time before + my lord chief-justice Holt? + + WALKER--I gave the account that it was eleven, or quarter of an + hour after. + + COWPER--In her depositions there is half an hour's difference; + for then she said it was half an hour after ten. + + HATSELL, BARON--Which clock was earliest, yours or the town + clock? + + WALKER--Ours was half an hour faster than theirs. + + COWPER--How came you to know this? + + WALKER--By reason that dinner was dressed at the cook's, and it + was ordered to be ready by two o'clock, and it was ready at two + by the town clock, and half an hour after two by ours. + + COWPER--When you came down and missed your mistress, did you + enquire after her all that night? + + WALKER--No, Sir, I did not go out of the doors; I thought you + were with her, and so I thought she would come to no harm. + + COWPER--Here is a whole night she gives no account of. Pray, + mistress, why did not you go after her? + + WALKER--My mistress would not let me. + + COWPER--Why would she not let you? + + WALKER--I said I would see for her? No, saith she, by reason if + you go and see for her, and do not find her, it will make an + alarm over the town, and there may be no occasion. + + COWPER--Did your mistress use to stay out all night? + + WALKER--No, never. + + COWPER--Have not you said so? + + WALKER--I never said so in my life. + + COWPER--Pray, Mrs. Walker, did you never take notice that your + mistress was under melancholy? + + WALKER--I do not say but she was melancholy; she was ill for + some time; and I imputed it to her illness, and I know no other + cause. + + COWPER--Have you not often told people that your mistress was a + melancholy person, upon your oath? + + WALKER--I have said she hath been ill, and that made her + melancholy. + +The witness admitted that she had bought poison twice within the last +six months; she bought it at her own instance, and not at the order of +Mrs. Stout, or of Mrs. Crooke. She asked for white mercury. She bought +it to poison a dog with; the dog used to come about the house and do +mischief. It was another maid who gave it to the dog; she swore at the +inquest that she had given it because she had seen it given; it was +given in warm milk which did not seem discoloured. + + HATSELL, BARON--You said just now your mistress was ill, and + that made her melancholy; what illness was it? + + WALKER--My lord, she had a great pain in her head. + + HATSELL, BARON--How long had she been troubled with it? + + WALKER--Ever since last May was twelve months was the beginning + of it. + + JONES--Did you ever find her in the least inclined to do + herself a mischief? + + WALKER--No, I never did. + + COWPER--You bought poison twice, did you give all the poison + you bought to the dog? + + WALKER--Yes. + + COWPER--The first and the last? + + WALKER--Yes, the whole. + + COWPER--How much did you buy? + + WALKER--I am not certain how much I bought. + + COWPER--Pray, what mischief did it do the dog? + + WALKER--I cannot tell, he may be alive till now for aught I + know. + + COWPER--What mischief did the dog do? + + WALKER--A great deal, he threw down several things and broke + them. + + JONES--Did Mr. Cowper, upon your oath, hear Mistress Stout give + you order to make his fire, and warm his bed? + + WALKER--He knows best, whether he heard it or no; but he sat by + her when she spake it. + + JONES--Did she speak of it so as he might hear? + + WALKER--Yes, she did; for he was nearer than I. + + JONES--And did not he contradict it? + + WALKER--Not in the least. + + JONES--Was it the old or young woman that gave you the order? + + WALKER--The young woman. + + COWPER--Pray did the dog lap it, or did you put it down his + throat, upon your oath? + + WALKER--No, he lapt it, upon my oath. + + JONES--Did Mr. Cowper send for his horse from your house the + next day? + + WALKER--I cannot say that; I was not in the way. + + JONES--Did he come to your house afterwards? + + WALKER--No, I am sure he did not. + + JONES--Was the horse in your stable when it was sent for? + + WALKER--Yes, sir. + + JONES--And he did not come to your House again, before he went + out of town? + + WALKER--No, sir. + + JONES--Do you know which way he went out of town? + + WALKER--No, Sir. + + HATSELL, BARON--Did Mr. Cowper use to lodge at your house at + the assizes? + + WALKER--No, my lord, not since I came there; the sessions + before he did. + + COWPER--Where did you come to invite me to dinner? + + WALKER--At Mr. Barefoot's. + + COWPER--Then you knew I was to lodge there? + + HATSELL, BARON--Who wrote the letter on Friday, that Mr. Cowper + would lodge there? + + WALKER--I know not who wrote it, his wife sent it. + + JONES--Did he tell you he would lodge there that night before + he went away? + + WALKER--When he went from dinner he said so. + +_James Berry_ could not remember exactly which day it was that Sarah +Stout was found in his mill; but he went out at six o'clock to shoot a +flush of water and saw something floating in the water, and on going to +see what it was, saw that it was part of her clothes. He did not see her +face; no part of her body was above the water, only part of her clothes. +The water might be about five foot deep and she might be about five or +six inches under the water. She lay upon her side; when she was taken +out her eyes were open. + + JONES--Was she swelled with water? + + BERRY--I did not perceive her swelled; I was amazed at it; and + did not so much mind it as I should. + + JONES--But you remember her eyes were staring open? + + BERRY--Yes. + + JONES--Did you see any marks or bruises about her? + + BERRY--No. + + COWPER--Did you see her legs? + + BERRY--No, I did not. + + COWPER--They were not above the water? + + BERRY--No. + + COWPER--Could you see them under the water? + + BERRY--I did not so much mind it. + + COWPER--Did she lie straight or double, driven together by the + stream? + + BERRY--I did not observe. + + COWPER--Did you not observe the weeds and trumpery under her? + + BERRY--There was no weeds at that time thereabouts. + + JONES--Was the water clear? + + BERRY--No, it was thick water. + + JONES--Was there anything under her in the water to prevent her + sinking? + + BERRY--No, I do not know there was; she lay on her right side, + and her right arm was driven between the stakes, which are + within a foot of one another. + + JONES--Did anything hinder her from sinking? + + BERRY--Not that I saw. + + COWPER--Mr. Berry, if I understand you right, you say her arm + was driven between the stakes, and her head between the stakes; + could you perceive her right arm, and where was her left arm? + + BERRY--Within a small matter upon the water. + + HATSELL, BARON--Did you see her head and arm between the + stakes? + + BERRY--Yes, her arm by one stake and her head by another. + + JONES--Did her arm hang down or how? + + BERRY--I did not mind so much as I might have done. + +_John Venables_ and _Leonard Dell_ corroborated Berry's account of the +position of the body, the latter asserting that the right arm did not +reach to the ground. _Dell_ also helped to carry the body to land, but +saw no bruises. + + HATSELL, BARON--When you took her out of the water, did you + observe her body swelled? + + DELL--We carried her into the meadow, and laid her on the + bank-side, and there she lay about an hour, and then was + ordered to be carried into the miller's. + + HATSELL, BARON--Did you observe that any water was in the body? + + DELL--None at all that I could see; but there was some small + matter of froth came from her mouth and nostrils. + + JURYMAN--My lord, I desire to know whether her stays were + laced. + + DELL--Yes, she was laced. + + COWPER--How was she taken out of the water? + + DELL--My lord, we stood upon the bridge, I and another man, + where she lay, and he laid hold of her and took her out. + + JONES--And did you not perceive she was hung? + + DELL--No, my lord. + +_John Ulfe_ saw Mrs. Stout when she was taken out of the water; she lay +there on one side; there was nothing at all to hold her up; she lay +between a couple of stakes, but the stakes could not hold her up. + +_Katherine Dew, Edward Blackno, William Edmunds, William Page, William +How, and John Meager_ all gave the same account of the position and +state of the body, Dew and Ulfe adding that her shoes and stockings were +not muddy. + + JONES--Now, my lord, we will give an account how she was when + she was stript, and they came to view the body. Call John + Dimsdale, junior. (Who was sworn.) + + DIMSDALE--My lord, I was sent for at night on Tuesday the last + assizes. + + COWPER--My lord, if your lordship pleases, I have some + physicians of note and eminency that are come down from London; + I desire that they may be called into Court to hear what the + surgeons say. + + HATSELL, BARON--Ay, by all means. + + COWPER--My lord, there is Dr. Sloane, Dr. Garth, Dr. Morley, + Dr. Gilstrop, Dr. Harriot, Dr. Wollaston, Dr. Crell, Mr. + William Cowper, Mr. Bartlett, and Mr. Camlin. [Who respectively + appeared in Court.] + + JONES--Give an account how you found Mrs. Stout. + + HATSELL, BARON--You are a physician, I suppose, Sir? + + DIMSDALE[45]--A surgeon, my lord. When I was sent for to Mrs. + Stout's, I was sent for two or three times before I would go; + for I was unwilling after I heard Mrs. Stout was drowned; for I + thought with myself, what need could there be of me when the + person was dead? but she still sent; and then I went with Mr. + Camlin, and found a little swelling on the side of her neck, + and she was black on both sides, and more particularly on the + left side, and between her breasts up towards the collar-bone; + and that was all I saw at that time, only a little mark upon + one of her arms, and I think upon her left arm. + + JONES--How were her ears? + + DIMSDALE--There was a settling of blood on both sides the neck, + that was all I saw at that time. + + JONES--How do you think she came by it? + + DIMSDALE--Truly I only gave an account just as I say now to the + gentlemen at that time, I saw no more of it at that time, but + about six weeks after the body was opened by Dr. Phillips---- + + COWPER--My lord, he is going to another piece of evidence and I + would ask him---- + + JONES--Let us have done first; how was her ears? + + DIMSDALE--There was a blackness on both ears, a settling of + blood. + + JONES--Call Sarah Kimpson. + + HATSELL, BARON--Mr. Cowper, now you may ask him anything, they + have done with him. + + COWPER--I would ask him, whether he was not employed to view + these particular spots he mentions at the Coroner's inquest? + + DIMSDALE--I was desired to look upon the face and arms, and + breast, because they said there was a settling of blood there. + + COWPER--When you returned to the Coroner's inquest, what did + you certify as your opinion? + + DIMSDALE--I did certify that there was a settling of blood; but + how it came I could not tell. + + COWPER--I ask you, Sir, did not you say it was no more than a + common stagnation usual in dead bodies? + + DIMSDALE--I do not remember a word of it. + + COWPER--Sir, I would ask you; you say the spot was about the + collar-bone; was it above or below? + + DIMSDALE--From the collar-bone downwards. + + COWPER--Had she any circle about her neck? + + DIMSDALE--No; not, upon my oath. + +_Sarah Kimpson_ saw the body examined; she saw a great bruise behind +the ear, as big as her hand, and another under her collar-bone. + + JONES--Did you see nothing about her neck? + + KIMPSON--Nothing round her neck; on the side of her neck there + was a mark. + + JONES--Was there any other part bruised? + + KIMPSON--Only her left wrist, and her body was very flat and + lank. + +She saw the body the day it was found; it was not swollen; she did not +see any water about it. She had seen a child which was drowned in the +same place about ten weeks before; it was drowned at night and found the +next morning; it was found at the bottom of the river, the eyes were +shut, and the body was very much swelled. + +_Sarah Peppercorn_ saw the body of Sarah Stout when it was brought to +Mrs. Stout's house. She saw bruises on the head and near the ear. Mrs. +Stout asked her whether her daughter had been with child, and she said +she had not; she was a midwife. + + +_Elizabeth Husler_ was sworn. + + JONES--Had you the view of the body of Mrs. Sarah Stout the day + you heard she was drowned? + + HUSLER--She was not drowned, my lord; I went thither and helped + to pull off her clothes. + + JONES--In what condition was her body? + + HUSLER--Her body was very lank and thin, and no water appeared + to be in it. + +There was no water about her mouth and nose; there were bruises at the +top of the collar-bone and upon both her ears. + +_Ann Pilkington_ saw the body, and gave the same evidence as to its +general condition as the other witnesses. + + COWPER--Had she any circle about her neck? + + PILKINGTON--No, not that I did see. + + COWPER--Pray, did you not make some deposition to that purpose + that you know of? + + PILKINGTON--Sir, I never did, and dare not do it. + + COWPER--It was read against me in the King's Bench, and I will + prove it; was not Mr. Mead with you at the time of your + examination? + + PILKINGTON--Yes. + + COWPER--Did he not put in some words, and what were they? + + PILKINGTON--Not that I know of. + + COWPER--But you never swore so, upon your oath? + + PILKINGTON--No, I do not believe I did; if I did it was + ignorantly. + + JONES--Here is her examination, it is 'cross her neck.' + +_Mr. Coatsworth_, a surgeon, was called and deposed that in April he had +been sent for, by Dr. Phillips, to come to Hertford to see the body of +Mrs. Stout, who had been six weeks buried. Various parts of the body +were examined; the woman had not been with child; the intestines and +stomach were full of air, but there was no water in them, or the breast, +or lobes of the lungs; there was no water in the diaphragm. + + Then I remember I said, this woman could not be drowned, for if + she had taken in water, the water must have rotted all the + guts; that was the construction I made of it then; but for any + marks about the head or neck, it was impossible for us to + discover it, because they were so rotten. + +The inspection was made on the 28th of April, and the woman was drowned +on the 13th of March. The doctor had offered to examine the skull, to +see if it had been injured, 'but they did not suspect a broken skull in +the case, and we did not examine it.' All the other parts were sound. + + JONES--Call John Dimsdale. + + COWPER--My lord, I would know, and I desire to be heard to this + point; I think where the Coroner's inquest have viewed the + body, and the relations have been heard, and the body buried, + that it is not to be stirred afterwards for any private + inspection of parties, that intend to make themselves + prosecutors; but if it is to be taken up, it is to be done by + some legal authority; for if it should be otherwise, any + gentleman may be easily trepanned: for instance, if they should + have thought fit, after the Coroner's view, to have broken the + skull into a hundred pieces, this was a private view altogether + among themselves. Certainly, if they intended to have + prosecuted me, or any other gentleman upon this evidence, they + ought to have given us notice, that we might have had some + surgeons among them, to superintend their proceedings. My lord, + with submission, this ought not to be given in evidence. + + HATSELL, BARON--Mr. Cowper, I think you are not in earnest; + there is no colour for this objection: if they did take up the + body without notice, why should not that be evidence? unless + you think they had a design to forswear themselves. + + COWPER--Had you a _Melius Inquirendum_, or any lawful warrant + for making this inspection? + + COATSWORTH--No, there was not. + + HATSELL, BARON--Suppose they did an ill thing in taking up the + body without some order, though I do not know any more ill in + taking up that body than any other; but, however, is that any + reason why we should not hear this evidence? + + COATSWORTH--Mr. Camblin, sir Wm. Cowper's surgeon, was there + by. + +_Mr. Dimsdale, senior_, a surgeon, was sworn and deposed that he had +been sent for on the 28th of April by Mrs. Stout, to view the body of +her daughter. + + Finding her head so much mortified, down to her neck, we + thought all the parts were seized, and had a consultation, + whether we should open her or not; but Mrs. Stout was very + enraged, because a great scandal had been raised, that her + daughter was with child; and she said she would have her opened + to clear her reputation. + +The body was examined, with the same result that the other witness had +described, no water being found either in the stomach or the lungs. + + After this we had a consultation, to consider whether she was + drowned or not drowned; and we were all of opinion that she was + not drowned; only Mr. Camblin desired he might be excused from + giving his opinion whether she was drowned or not; but all the + rest of us did give our opinions that she was not drowned. + +The grounds for this opinion were the absence of water from the lungs +and intestines; and this was a sign which would show whether she had +been drowned or not weeks after her death. In answer to Cowper he +admitted that he had never seen a body opened which had been drowned six +weeks. If a body had been drowned a fortnight, the bowels would be so +rotten that it would be impossible to come near it. + +_John Dimsdale, junior_, believed that the body had not been drowned, +and signed a certificate to that effect after looking at the body; he +believed it, because he found no water in the body. He had seen the +child that was drowned the morning after it was drowned, and had found +abundance of water in the body then. + +_Dr. Dimsdale_ saw the body after it was opened, and on finding no water +in the thorax or abdomen, signed the certificate. Had the woman been +drowned he would have expected to find water in the thorax. + + COWPER--Is it possible there should be water in the thorax + according to your skill? + + DIMSDALE--Yes, we did think there would have been, if she had + been drowned. + +He would have expected to find traces of it after six weeks. + + COWPER--Pray by what passage does the water go into the thorax? + + DIMSDALE--It will be very difficult for me to describe the + manner here; but we should have found some in the stomach and + intestines. + + COWPER--Pray, sir, how should it go into the thorax? + + DIMSDALE--By the lymphæduct, if carried by any means. + +No water would come into a body after it was dead, but he questioned +whether or not it might come into the windpipe. + + COWPER--Sir, I would ask you, was you not angry that Mr. + Camblin would not join with you in opinion? + + DIMSDALE--No. + + COWPER--Did you not tell him that you were a graduate + physician, and was angry he would not join you? + + DIMSDALE--Suppose I did? + + HATSELL, BARON--But did you so or no? + + DIMSDALE--Yes, my lord, we had some words about it. + + JONES--Swear Dr. Coatsworth. (Which was done.) Now, my lord, we + call these gentlemen that are doctors of skill, to know their + opinions of them that are found floating without water in + them, how they came by their death. + + DR. COATSWORTH--I have not seen many drowned bodies to make + observation upon; but it is my opinion, that every body that is + drowned, is suffocated by water passing down the windpipe into + the lungs upon respiration; and at the same time, the water + pressing upon the gullet, there will be a necessity of + swallowing a great part of it into the stomach; I have been in + danger of being drowned myself, and I was forced to swallow a + great quantity of water. If a person was drowned, and taken out + immediately, as soon as the suffocation was effected, I should + not wonder if there were but little water in the stomach and + guts; but if it lay in the water several hours, it must be very + strange if the belly should not be full of water; but I will + not say, it is impossible it should be otherwise. + + COWPER--I desire to know, whether this gentleman attempted to + drown himself, or was in danger of being drowned by accident? + + DR. COATSWORTH--It was by accident: I was passing up the + ship-side, and took hold of a loose rope instead of the + entering rope, which failing me, I fell into the water. + + COWPER--But you struggled to save yourself from drowning? + + DR. COATSWORTH--I did so; I have seen several persons that have + been drowned, and they have lain several days, until by + fermentation they have been raised; but I never made my + observations of any persons that have been drowned above six + hours. + + JONES--Did you ever hear of any persons that, as soon as they + were drowned, had swam above water? + + DR. COATSWORTH--I have not known such a case. + + COWPER--Did you ever know, Sir, a body that was otherwise + killed, to float upon the water? + + DR. COATSWORTH--I never made any observation of that. + + HATSELL, BARON--Dr. Browne has a learned discourse, in his + _Vulgar Errors_, upon this subject, concerning the floating of + dead bodies; I do not understand it myself, but he hath a whole + chapter about it.[46] + + +_Then Dr. Nailor was sworn._ + + JONES--We ask you the same question that Dr. Coatsworth was + asked, What is your opinion of dead bodies? If a body be + drowned, will it have water in it or no? + + DR. NAILOR--My lord, I am of opinion, that it will have a + quantity if it be drowned; but if there be no water in the + body, I believe that the person was dead before it was put into + the water. + + COWPER--I would ask the doctor one question, my lord, Whether + he was not a constant voter against the interest of our family + in this corporation? + + DR. NAILOR--I never did come to give a vote but sir William + Cowper, or his son, opposed me, and said I had no right to + vote. + + COWPER--I would have asked the same question of the Dimsdales, + if I had remembered it; they are of another party, as this + gentleman is. + + HATSELL, BARON--It is not at all material, as they are + witnesses. Then call Mr. Babington. (Who was sworn.) + + JONES--Pray, what is your opinion of this matter? + + BABINGTON--I am of opinion, that all bodies that go into the + water alive and are drowned, have water in them, and sink as + soon as they are drowned, and do not rise so soon as this + gentlewoman did. + + COWPER--Pray, what is your profession, Sir? + + BABINGTON--I am a surgeon. + + COWPER--Because Mr. Jones called you doctor. + + HATSELL, BARON--Did you ever see any drowned bodies? + + BABINGTON--Yes, my lord, once I had a gentlewoman a patient + that was half an hour under water, and she lived several hours + after, and in all that time she discharged a great quantity of + water; I never heard of any that went alive into the water, and + were drowned, that floated so soon as this gentlewoman did; I + have heard so from physicians. + + HATSELL, BARON--I have heard so too, and that they are forced + to tye a bullet to dead bodies thrown into the sea, that they + might not rise again. + + COWPER--The reason of that is, that they should not rise again, + not that they will not sink without it. But I would ask Mr. + Babington, whether the gentlewoman he speaks of went into the + water voluntarily, or fell in by accident? + + BABINGTON--By accident, but I believe that does not alter the + case. + +_Dr. Burnet_ was called, and expressed an opinion that if a person +jumped into the water or fell in by accident they would swallow and +inhale water as long as they were alive, but not afterwards; and that +they would sink. + +_Dr. Woodhouse_ expressed the same opinion. If a person had swallowed +water in drowning, signs of it would be visible some time afterwards. + + JONES--Call Edward Clement. (Who was sworn.) Are not you a + seaman? + + CLEMENT--Yes, Sir. + + JONES--How long have you been so? + + CLEMENT--Man I have writ myself but six years, but I have used + the sea nine or ten years. + + JONES--Have you known of any men that have been killed, and + thrown into the sea, or who have fallen in and been drowned? + Pray tell us the difference as to their swimming and sinking. + + CLEMENT--In the year '89 or '90, in Beachy fight, I saw several + thrown overboard during the engagement, but one particularly I + took notice of, that was my friend, and killed by my side; I + saw him swim for a considerable distance from the ship; and a + ship coming under our stern, caused me to lose sight of him, + but I saw several dead bodies floating at the same time; + likewise in another engagement, where a man had both his legs + shot off, and died instantly, they threw over his legs; though + they sunk, I saw his body float: likewise I have seen several + men who have died natural deaths at sea, they have when they + have been dead had a considerable weight of ballast and shot + made fast to them, and so were thrown overboard; because we + hold it for a general rule, that all men swim if they be dead + before they come into the water; and on the contrary, I have + seen men when they have been drowned, that they have sunk as + soon as the breath was out of their bodies, and I could see no + more of them. For instance, a man fell out of the _Cornwall_, + and sunk down to rights, and seven days afterwards we weighed + anchor, and he was brought up grasping his arm about the cable, + and we have observed in several cases, that where men fall + overboard, as soon as their breath is out of their bodies they + sink downright; and on the contrary, where a dead body is + thrown overboard without weight, it will swim. + + JONES--You have been in a fight; how do bodies float after a + battle? + + CLEMENT--Men float with their heads just down, and the small of + their back and buttocks upwards; I have seen a great number of + them, some hundreds in Beachy-head fight, when we engaged the + French. I was in the old _Cambridge_ at that time. I saw + several (what number I will not be positive, but there were a + great number, I cannot guess to a score) that did really swim, + and I could see them float for a considerable distance. + + JONES--Have you seen a shipwreck? + + CLEMENT--Yes; the _Coronation_, in September 1691. I was then + belonging to the _Dutchess_, under the command of captain + Clement; we looked out and see them taking down their masts; we + saw the men walking up and down on the right side, and the ship + sink down, and they swam up and down like a shoal of fish one + after another; and I see them hover one upon another and see + them drop away by scores at a time; and there was an account of + about nineteen that saved themselves, some by boats, and others + by swimming; but there were no more saved out of the ship's + complement, which was between five and six hundred, and the + rest I saw sinking downright, some twenty at a time. There was + a fisherman brought our captain word, that in laying in of his + nets he drew up some men close under the rocks that were + drowned belonging to the _Coronation_. We generally throw in + bags of ballast with them. + + JONES--I suppose all men that are drowned, you sink them with + weights? + + CLEMENT--Formerly shot was allowed for that purpose; there used + to be threescore weight of iron, but now it is a bag of ballast + that is made fast to them. + + JONES--Then, you take it for a certain rule, that those that + are drowned sink, but those that are thrown overboard do not? + + CLEMENT--Yes; otherwise why should the government be at that + vast charge to allow threescore or fourscore weight of iron to + sink every man, but only that their swimming about should not + be a discouragement to others? + + +_Then Richard Gin was sworn._ + + JONES--You hear the question; pray what do you say to it? + + GIN--I was at sea a great while, and all the men that I see + turned overboard had a great weight at their heels to sink + them. + + JONES--Then will they swim otherwise? + + GIN--So they say. + + JONES--Are you a seaman? + + GIN--I went against my will in two fights. + + JONES--Then, gentlemen of the jury, I hope we have given you + satisfaction that Mrs. Stout did not drown herself, but was + carried into the water after she was killed. That was the first + question; for if it be true that all dead bodies when they are + put into the water do swim, and the bodies that go alive into + the water and are drowned do sink, this is sufficient evidence + that she came by her death not by drowning, but some other way. + Now, my lord, as to the second matter, and that is to give such + evidence as we have against these gentlemen at the bar. Mr. + Cowper, it appears, was the last man that any one give an + account of was in her company. What became of her afterwards, + or where they went, nobody can tell; but the other witnesses + have given you evidence that he was the last man that was with + her. I shall only give this further evidence as to Mr. Cowper, + that notwithstanding all the civility and kindnesses that + passed between him and this family, when the bruit and noise of + this fact was spread abroad, Mr. Cowper did not come to + consider and consult with old Mrs. Stout what was to be done; + but he took no manner of notice of it, and the next day he rode + out of town, without further taking notice of it. Call _George + Aldridge_ and _John Archer_. + + +_John Archer was sworn._ + + JONES--Do you know anything of Mr. Cowper's going out of town + about this business of Mrs. Stout's being drowned? + + ARCHER--Yes, I did see him go out of town afterwards. + + JONES--Which way did he go? + + ARCHER--He went the way back from the Glove; I suppose he came + that way. + + COWPER--What day was it I went? Is it not the way that I used + to go when I go the Circuit into Essex? + + ARCHER--Yes, I believe so. + + COWPER--I lodged at Mr. Barefoot's, and he has a back-door to + the Glove, where my horse was, and I went the direct way into + Essex, and it was Wednesday morning: What day was it you see me + go? + + ARCHER--It was on the Wednesday morning. + + COWPER--That was the very day I went into Essex. + + +_Then George Aldridge was sworn._ + + JONES--When did Mr. Cowper go out of town the last assizes? + + ALDRIDGE--On Wednesday. + + JONES--Which way did he go? + + ALDRIDGE--He went the way to Chelmsford. + + JONES--Did you not fetch his horse from Stout's? + + ALDRIDGE--Yes, sir. + + JONES--How often did you go for it? + + ALDRIDGE--Three times. + + JONES--When? + + ALDRIDGE--On Tuesday night I sent once, and went twice myself; + the first time there was nobody at home to deliver the horse; + so I went to Mr. Stout's, and asked him about the horse, and he + said he could not deliver him till the maid went home; and then + I went about eleven o'clock and had the horse. + + HATSELL, BARON--Was it eleven at night? + + ALDRIDGE--Yes, my lord. + + COWPER--When I sent you to fetch my horse, what directions did + I give you? + + ALDRIDGE--You gave me directions to fetch your horse, because + you said you should have occasion to go out next morning + betimes with the judge. + + COWPER--The reason I sent for my horse was this; when I heard + she had drowned herself, I think it concerned me in prudence to + send a common hostler for him, for fear the lord of the manor + should seize all that was there as forfeited.[47] + + HATSELL, BARON--There was no danger of that, for she was found + _Non compos mentis_. + + COWPER--No, my lord, I sent before the verdict. + + JONES--It seems you did not think fit to go and take horse + there yourself, though you put your horse there. + + Now, my lord, we will go on, and give the other evidence that + we opened concerning these three other gentlemen that came to + town; two of them took lodgings at Gurrey's at five in the + afternoon, but did not come in till between eleven and twelve, + and then they brought another in with them; and though he had + been in town five or six hours, his feet were wet in his shoes, + and his head was of a reeky sweat; he had been at some hard + labour I believe, and not drinking himself into such a sweat. + + Call _John Gurrey_, _Matthew Gurrey_, and _Elizabeth Gurrey_. + + +_John Gurrey was sworn._ + + JONES--Do you know any of the gentlemen at the bar? + + J. GURREY--Yes. + + JONES--Name who you know. + + J. GURREY--There is Mr. Stephens, Mr. Rogers, and Mr. Marson. + + JONES--Pray do you remember when they took lodging at your + house? + + J. GURREY--The last assizes; when they first came, there was + only Mr. Stephens and Mr. Rogers. + + JONES--At what time did they take it? + + J. GURREY--I was at church, and cannot tell that, they hired + the lodgings of my wife. + + JONES--What can you say more? + + J. GURREY--I was in at night when they came; there came three + of them at eleven at night, whereof Mr. Marson was the third + person and he said he was destitute of a lodging and he asked + for a spare bed; my wife told him she had one, but had let it; + whereupon Mr. Stevens and Mr. Rogers said he should lodge with + them; so they went up altogether, and they called for a fire to + be kindled, and asked for the landlord, which was I, and they + asked me to fetch a bottle of wine, and I told them I would + fetch a quart, which I did, and then they asked me to sit down + and drink with them, which I did; and then they asked me if one + Mrs. Sarah Stout did not live in the town, and whether she was + a fortune? I said Yes. Then they said they did not know how to + come to the sight of her; and I said I would shew them her + to-morrow morning, not questioning but I might see her sometime + as she was coming down the street; so they said they would go + to see her. Mr. Rogers and Mr. Stephens charged Mr. Marson with + being her old sweet-heart; saith Mr. Marson, she hath thrown me + off, but a friend of mine will be even with her by this time. + + HATSELL, BARON--What o'clock was it then? + + J. GURREY--I reckon eleven of the clock when they came in. + + HATSELL, BARON--Did you observe in what condition Mr. Marson + was in? + + J. GURREY--I did not observe, only that he was hot, and put by + his wig; I see his head was wet, and he said he was just come + from London, and that made him in such a heat. + + JONES--Had he shoes or boots on? + + J. GURREY--I did not observe that. + + JONES--What did they do the next day? + + J. GURREY--The next morning I heard this party was in the + water; I sat up all night, and was fain to wait till my + daughter came down to look after the shop; and then I went to + see her, and she removed into the barn, and they were wiping + her face, closing her eyes, and putting up her jaws; and as I + came back these persons were walking, and I met Mr. Marson and + Mr. Stephens, and told them the news; said I, this person has + come to a sad accident: say they, so we hear; but nevertheless + we will be as good as our word, and go and see her. I went with + them and overtook Mr. Rogers; and Marson said we are going to + see Mrs. Stout. 'O landlord!' said Rogers, 'you may take up + that rogue' (pointing at Mr. Marson) 'for what he said last + night'; but I did not think, they speaking so jocularly, that + there was any suspicion of their being concerned in the murder. + A second time I went, the barn-door was locked; I knocked, and + they opened it, and let us in, and they uncovered her face to + let me see her, and I touched her; and looking about for them + they were gone, and I cannot say they see her or touched her: + Then Mr. Marson and they were consulting how to send a + great-coat to London, and I directed them to a coachman at the + Bell-inn; but I did not hear he went to enquire after the + coachman; then they went to your lordship's chamber, and I went + home; and about eleven o'clock I saw Mr. Marson and Mr. + Stephens coming down with Mr. Spencer Cowper. + + MARSON--I did not go out that night after I came in. + + JONES--No; we agree that. Did you see Mr. Cowper and these + gentlemen together? + + J. GURREY--Only at eleven o'clock on Tuesday noon, Mr. Cowper, + Mr. Marson, and Mr. Stephens were coming down to the market + place. + + JONES--Did not they take their leave of you when they went away + from you that forenoon? + + J. GURREY--No; only in the morning they told me they would send + me word at noon if they intended to lodge there. + + MARSON--I desire to know of Mr. Gurrey, if his sister was not + in the room when we came in? + + J. GURREY--She was in our house that day; but whether when they + came in I cannot tell. + + COWPER--Pray, have you not had some discourse with your sister, + the widow Davis, concerning some suspicion that you had of + Sarah Walker, that hath been produced as a witness? + + J. GURREY--I do not remember any such. + + COWPER--Then did not you say these words, We must not concern + ourselves with Sarah Walker, for she is the only witness + against the Cowpers? + + J. GURREY--I cannot remember any such thing. + + HATSELL, BARON--You may answer according to the best of what + you remember; if you say you have forgot when you have not, you + are forsworn. + + COWPER--If your lordship pleases to give leave to Mr. Gurrey to + recollect himself, I ask him, Whether he did not talk with his + sister Davis about some suspicion his wife and he had about + Sarah Walker, the maid-servant of the deceased? + + J. GURREY--I believe there might be some talk of a person that + was seen to go into the churchyard at some distance with Sarah + Walker. + + COWPER--Did your wife say that she did suspect that person? + + J. GURREY--Yes. + + COWPER--Did your wife say they behaved themselves strangely, + and that she would have persuaded the widow Blewit to have + watched her? + + J. GURREY--There was something of that. + + COWPER--Was there not some such words, that they must not + meddle with Sarah Walker, for she is the witness against the + Cowpers? + + J. GURREY--I said, Do not concern yourself with Sarah Walker, + for fear of taking off her evidence. + + COWPER--Pray did not the widow Davis warm the sheets for these + gentlemen? + + J. GURREY--She was with my wife, but I cannot say whether she + warmed the sheets. + + COWPER--When they came home, had you any lodgers that wanted to + come home? Had not you one Gape? + + J. GURREY--I cannot say whether he was in before or after them. + + COWPER--Did not you say to your sister Davis, Now these + gentlemen are in bed, if Mr. Gape would come home, our family + would be quiet? + + J. GURREY--I do not remember that. + + COWPER--Pray, did not you go to look for Mr. Gape? + + J. GURREY--Yes, I went to Hockley's. + + COWPER--Who did you employ to speak to Mr. Gape? + + J. GURREY--Mrs. Hockley. + + COWPER--When you came home to your own house, and after you + had been at Hockley's to speak with Mr. Gape, what account did + you give of the time of night, and other particulars? + + J. GURREY--I gave no account of the time. + + COWPER--Not to Mrs. Davis? + + J. GURREY--I cannot tell whether I did or no. + + COWPER--Did not you say, Mr. Gape asked Mrs. Hockley what + a-clock it was? + + J. GURREY--No, I do not remember that; but Mrs. Hockley went + in, and told him what time of night it was; it was eleven or + twelve of the clock, which I cannot say. + + JONES--Call Martha Gurrey. (Who was sworn.) Which of these + gentlemen do you know? + + MRS. GURREY--Mr. Marson, Mr. Rogers, and Mr. Stephens. + + JONES--What time of the night was it when they came to your + house? give an account of it, and what you heard them say. + + MRS. GURREY--It was a little after five, or thereabouts that + they came. + + JONES--Who came? + + MRS. GURREY--Mr. Stephens, and Mr. Rogers, and there was one + Mr. Gilbert, that married a first cousin of mine; he came and + asked me for my husband; and I asked him his business, and he + said he wanted to speak to him. + + JONES--Pray come to these men; when did they come to your + house? + + MRS. GURREY--They hired the lodging at five of the clock. When + they first came to see them I was not at home; Mr. Gilbert + brought them, and as I was coming along the street I saw Mr. + Gilbert walking off, and would not look at me. + + JONES--When did they go out? + + MRS. GURREY--They never staid there. + + JONES--When did they come in again? + + MRS. GURREY--Between eleven and twelve. + + HATSELL, BARON--What did they do when they came again? + + MRS. GURREY--I was laying on some sheets two pairs of stairs + when they came, and then there was three of them; so they saw + me a little after, and begged my excuse for bringing in + another, for they said it was so late that they could not get a + lodging any where else: and said, if I thought fit, the + gentleman should lie with them: And I told them I liked it very + well. + + JONES--What firing had they? + + MRS. GURREY--The firing I laid on in the morning, and they sent + for my husband to fetch them some wine. + + JONES--What did you hear them talk on? + + MRS. GURREY--They discoursed with my husband, and asked him if + he knew Mrs. Sarah Stout; and one of them said to Mr. Marson, I + think she was an old sweetheart of yours; Ay, said he, but she + turned me off, but a friend of mine is even with her: And Mr. + Rogers said he was in with her; and afterwards said, her + business was done. They had a bundle, that was wrapt up in pure + white cloth, like to an apron, but I cannot say it was an + apron; and there was a parcel hanging loose by it; and when he + laid it down he said, he would pass his word Mrs. Sarah Stout's + courting days were over; and I said, I hoped it was no hurt to + the gentlewoman; and then I looking upon Mr. Marson, saw him + put his peruke aside, and his head reeked, and he told them he + was but just come from London that night, which made him + disappointed of a lodging. + + JONES--What did you hear them say about any money? + + MRS. GURREY--I asked them how they would have their bed warmed? + And Mr. Marson answered, very hot: With that I went down to + send my daughter up, and she could not go presently; I told her + then she must go as soon as she could. + + HATSELL, BARON--Pray, do not tell us what passed between you + and your daughter: What do you know of these gentlemen? + + MRS. GURREY--I went to the next room, to see if every thing was + as it should be; I hearkened, and they had some discourse about + money, and I heard somebody (I do not know who it should be + except it were Mr. Stephens) answer and say, the use money was + paid to-night; but what money they meant I cannot tell. + + JONES--What did you find when they were gone? + + MRS. GURREY--Sir, I found a cord at the end of the trunk. + + JONES--Was it there in the morning, or before they came? + + MRS. GURREY--No, it could not have been, for I swept my room, + and wiped down the dust. + + JONES--Was the cord white? + + MRS. GURREY--No, it was more dirty than it is now, for my + husband and I have worn it in our pockets. + + COWPER--Pray, who brought the cord down from above stairs? + + MRS. GURREY--My daughter that lived with me, and she laid it + upon the shelf. + + COWPER--Did not you hear there was a coroner's inquest sitting? + + MRS. GURREY--The next day at night I did hear of it. + + COWPER--Why did not you go to the coroner's inquest and give an + account of it there? + + MRS. GURREY--I told my husband of it, and I asked my husband if + he did not hear what they said concerning Mrs. Sarah Stout? And + he answered, yes, they ought to be taken up for the words they + said last night: Why, saith I, do not you take notice of it? I + think you ought to take them up. But he went out of doors, and + I saw no more of him till the afternoon. When I heard the + words, I thought somebody had stole away and got to bed to her. + + COWPER--Pray, if your husband heard these words, why did not he + go to the coroner's inquest? + + MRS. GURREY--I did speak to him to have them taken up. + + COWPER--Why did he not do it? + + MRS. GURREY--He said he would not do it, he did not know but it + might cost him his life. + + JONES--How came you after this to discover it? + + MRS. GURREY--Because I was so troubled in mind I could not rest + night nor day; and I told him if he would not tell of it, I + would tell of it myself, for I was not able to live. + + +_Elizabeth Gurrey was sworn._ + + JONES--Pray, do you know Mr. Rogers, Mr. Stephens, and Mr. + Marson? + + E. GURREY--I know Mr. Marson, and these are the other + gentlemen, I reckon. + + JONES--What discourse did you hear from them? + + E. GURREY--Mr. Marson asked the other gentlemen how much money + they had spent? the other answered, what was that to him? you + have had forty or fifty pounds to your share. Then the other + asked him, whether the business was done? And he answered, he + believed it was; but if it was not done, it would be done + to-night. Then, my lord, he pulled a handful of money out of + his pocket, and swore he would spend it all for joy the + business was done. + + JONES--Was Mr. Cowper's name mentioned? + + E. GURREY--I heard them mention Mr. Cowper's name, but not Mrs. + Sarah Stout's. + + JONES--What condition was the gentleman's shoes in? + + E. GURREY--I think it was Mr. Marson, his shoes were very wet + and dirty; one of them was very hot, and he wiped his head with + his handkerchief. + + JONES--Now, my lord, we have done as to our evidence. Mr. + Marson pretended he was just then alighted and come from + London, and was in a great heat, and his shoes were wet: for + when he was examined, he said, he came to town about eight of + the clock, and went to the Glove and Dolphin inn, and stayed + there till he came to his lodging. Now it was a wonderful thing + that he should come wet shod from a tavern, where he had been + sitting four or five hours together. + + +_Then the Examination of Mr. John Marson was read_: + + The Examination of JOHN MARSON, taken before me, this 27th day + of April, 1692. + + 'Who being examined where he was on Monday the 13th of March + last, saith, That he was at the borough of Southwark (he being + an attorney of the said court) till past 4 of the clock in the + afternoon; and saith, that he set out from Southwark for + Hertford soon after, and came to Hertford about eight the same + afternoon, and put up his horse at the sign of , an inn + there, and then went to the Hand and Glove, together with + Godfrey Gimbart, esq., Ellis Stephens, William Rogers, and some + others, where they stayed till about eleven of the clock at + night, and then this examinant went thence directly to the + house of John Gurrey, with the said Stephens and Rogers, who + lay together in the said Gurrey's house all that night. And + being asked what he said concerning the said Mrs. Sarah Stout, + deceased, this examinant saith, that on Sunday the 12th of + March last, this examinant being in company with one Thomas + Marshall, and telling him that this examinant intended the next + day for Hertford, with the marshal of the King's Bench, the + said Thomas Marshall desired this examinant and the said + Stephens, who was then also in company, that they would go and + see the said Sarah Stout (his sweetheart). He confesseth, that + he did ask the said Gurrey, if he would shew this examinant + where the said Stout lived; telling the said Gurrey that his + name was Marshall, and asked him if he never heard of him + before; and jocularly said, that he would go and see her the + next morning, but doth not believe that he said any thing that + any friend was even with the said Sarah Stout, or to such like + effect. And doth confess, that he did the next day, upon the + said Gurrey's telling him that the said Stout was drowned, say, + that he would keep his word, and would see her. And saith, that + meeting with Mr. Cowper (who is this examinant's acquaintance) + he believes he did talk with him concerning the said Stout's + being drowned, this examinant having seen her body that + morning. + + JOHN MARSON. + + '_Cogn. Die et Anno antedict. + Coram J. Holt._' + + JONES--All that I observe from it, is this: That he had been + five hours in town, and when he came to his lodging, he came in + wet and hot, and said he was just come from London. + + MARSON--I had rid forty miles that day, and could not be soon + cold. + + HATSELL, BARON--They have done now for the king; come, Mr. + Cowper, what do you say to it? + + JONES--If your lordship please, we will call one witness more, + Mary Richardson. Mrs. Richardson, do you know Mr. Marson, or + any of these gentlemen? + + MRS. RICHARDSON--They came on Tuesday night to the Bell at + Hoddesdon, and lay there, and one of the gentlemen, when I was + warming the sheets, asked me if I knew Mrs. Sarah Stout? And I + said Yes. He asked me if I knew which way she came to her end? + And I told him I could not tell. + + JONES--Is that all? What did they say more? + + MRS. RICHARDSON--They did desire and wish it might be found out + how it came about; and one gentleman took no notice of her at + all. They had a little bundle, but what was in it I cannot + tell, but there I saw it bound up in some coloured stuff or + other, but what it was I cannot tell. + + JONES--Is that all you can say? + + MRS. RICHARDSON--Yes, that is all. + + JONES--Then we have done. + + HATSELL, BARON--Come, Mr. Cowper, what do you say to it? + + COWPER--Now they have done on the part of the king, my lord, + and you gentlemen of the jury, I must beg your patience for my + defence. I confess it was an unfortunate accident for me (as + Mr. Jones calls it) that I happened to be the last person (for + aught appears) in the company of a melancholy woman. The + discourse occasioned by this accident had been a sufficient + misfortune to me, without any thing else to aggravate it; but I + did not in the least imagine that so little, so trivial an + evidence as here is, could possibly have affected me to so + great a degree, as to bring me to this place to answer for the + worst fact that the worst of men can be guilty of. + + My lord, your lordship did just now observe, that I have + appeared at the bar for my clients; but I must say too, that I + never appeared for myself under this, or the like + circumstances, as a criminal, for any offence whatsoever. + +He then goes on to point out that there is no positive evidence against +him, but only suppositions and inferences--what to-day would be called +circumstantial evidence; and that even admitting the evidence of the +prosecution, it is as strong to show that the deceased woman was not +murdered as that she was. Even if the evidence proved that Mrs. Stout +was murdered, there was nothing to show that he or his fellow-prisoners +were guilty of the murder. The body was not floating when it was found, +as could be shown by the parish officers who were employed by the +coroner to take it out of the water. It in fact had sunk, and had then +been carried by the force of the stream sideways up the stakes which +were about a foot apart pointing down stream; and yet the alleged fact +that the body was floating was the only evidence produced to prove that +the woman was not drowned. Evidence would be given to prove that the +fact that the body contained little or no water was immaterial, for +drowning takes place when only a very little water is received into the +lungs; and in a case of suicide it is probable that water would enter +the lungs sooner than it would in cases of accident. As to the evidence +derived from the examination of the body after exhumation, it ought not +to have been given, as the exhumation was itself an offence; 'but as it +is I have no reason to apprehend it, being able to make it appear that +the gentlemen who spoke to this point have delivered themselves in that +manner either out of extreme malice, or a most profound ignorance; this +will be so very plain upon my evidence, that I must take the liberty to +impute one or both of these causes to the gentlemen that have argued +from their observations upon that matter.' + +It had been suggested that he had an interest in the death of the +deceased by reason of holding money of hers which he had received as her +trustee or guardian. He had been concerned in investing some £200 in a +mortgage for the deceased the previous December; he had paid over this +money to the mortgagees, and the mortgage had been found by the +prosecutors among the papers of the deceased after her death. This was +the only money transaction he had ever had with her. The prosecution had +proved that there was no concealment of shame to induce him to murder +her; and that, though they had no inclination to favour him. + +He would produce evidence to show that the dead woman committed suicide, +though he only did so most unwillingly and under compulsion. The +prosecution had shown that she was melancholy, and he could show that +she had reason for making away with herself. This he would do by +producing letters of hers, which were he alone concerned he would not +allude to; but as he was in honour bound to make the best defence he +could for his fellow-prisoners, he had no choice in the matter. + +The maid Walker was the only person who gave any direct evidence against +him, and she said that she heard the door shut at a quarter past eleven, +and that on going downstairs directly afterwards she found that both he +and the deceased had left the house. But he would prove that he had +entered the Glove Inn as the town clock struck eleven, that he had +stayed there a quarter of an hour, that after he had done several things +at his lodgings he had gone to bed by twelve, and had not gone out +again that night. He had sent to fetch his horse from Mrs. Stout's +house on Tuesday morning, as was only prudent, but he had told the man +whom he sent that he would not want it till the next day, when he was +going into Essex with the rest of the circuit, which he did. + +He had not heard that his name was connected with Mrs. Stout's death +till two months after the event; and the prosecution had in fact been +set on foot by the Quakers, who were scandalised at the idea of one of +their number committing suicide, and the political opponents of his +father and brother in the town. + +Cowper went on to explain that he always had the offer of a share in his +brother's lodgings, which were some of the best in the town, whenever +the latter went circuit, 'which out of good husbandry I always +accepted.' At the time of the last circuit, when the present case arose, +Parliament was sitting, and his brother 'being in the money chair,' +could not attend. As Cowper had been invited to lodge with Mrs. Stout +during the assizes and wished to accept the invitation, he asked his +brother to ask Barefoot, the keeper of his lodgings, to dispose of them +if he could. The brother said he would do so 'if he could think on it,' +and accordingly Cowper went down to Hertford intending to lodge with +Mrs. Stout unless his brother had failed to write to Barefoot. On +arriving at Hertford he found that his brother had not written to +Barefoot, and that the rooms there were ready for him. He accordingly +stayed there, sent to the coffee-house for his bag, and took up his +lodging at Barefoot's as usual. As soon as he had done this, the maid +Walker came round from Mrs. Stout's to invite him to dinner there. He +accepted the invitation, and also a further invitation to come again in +the evening; but he did not agree to sleep there. When he came the +second time he paid the deceased the interest on her mortgage, some six +pounds odd, in guineas and half-guineas, which money was found in her +pocket after she was drowned. He wrote a receipt for the money, which +she refused to sign; she pressed him to stay there that night, which he +refused to do. + +He then went on:-- + + 'My lord, I open my defence shortly, referring the particulars + to the witnesses themselves, in calling those who will fully + refute the suppositions and inferences made by the prosecutor, + whom first, my lord, I shall begin with, to show there is no + evidence of any murder at all committed; and this I say again, + ought to be indisputably made manifest and proved, before any + man can be so much as suspected for it. + + HATSELL, BARON--Do not flourish too much, Mr. Cowper; if you + have opened all your evidence, call your witnesses, and when + they have ended, then make your observations. + + MR. COWPER--Then, my lord, I will take up no more of your time + in opening this matter. Call Robert Dew. (Who appeared.) When + Mrs. Sarah Stout drowned herself, was not you a parish officer? + + DEW--I was. I was next house to the Coach and Horses; and about + six o'clock came a little boy (Thomas Parker's boy), and said + there was a woman fallen into the river. I considered it was + not my business, but the coroner's, and I sent the boy to the + coroner, to acquaint him with it, and the coroner sent word by + the boy, and desired she might be taken out; so I went to the + river, and saw her taken out: she lay in the river (as near as + I could guess) half a foot in the water; she was covered with + water; she had a striped petticoat on, but nothing could be + seen of it above water. I heaved her up, and several sticks + were underneath her, and flags; and when they took her out, she + frothed at the nose and mouth. + + COWPER--How was she? Was she driven between the stakes? + + DEW--She lay on the right side, her head leaning rather + downwards: and as they pulled her up, I cried, 'Hold, hold, + hold, you hurt her arm'; and so they kneeled down and took her + arm from the stakes. + + COWPER--Did you see any spot upon her arm? + + DEW--Yes, sir. + + COWPER--What sort of spot was it? + + DEW--It was reddish; I believe the stakes did it; for her arm + hit upon the stake where she lay. + + COWPER--Pray, how do these stakes stand about the bridge of the + mill? + + DEW--I suppose they stand about a foot asunder; they stand + slanting, leaning down the stream a little. + + COWPER--Could you discern her feet? + + DEW--No, nothing like it, nor the striped petticoat she had + on. + + COWPER--Might not her knees and legs be upon the ground, for + what you could see? + + DEW--Truly, if I were put upon my oath whether they were so, or + not, I durst not swear it; sometimes the water there is four + feet, sometimes three and a-half; I believe her feet were very + near the bottom. + + COWPER--Are not the stakes nailed with their head against the + bridge? + + DEW--They are nailed to the side of the bridge. + + COWPER--Pray, describe the manner in which they took her up. + + DEW--They stooped down, and took her up. + + COWPER--Did they take her up at once? + + DEW--They had two heavings, or more. + + COWPER--What was the reason they did not take her up at once? + + DEW--Because I cried out, 'They hurt her arm.' + + COWPER--Was she not within the stakes? + + DEW--No, this shoulder kept her out. + + COWPER--When you complained they hurt her arm, what answer did + they make you? + + DEW--They stooped down and took her arm out from between the + stakes; they could not have got her out else. + + COWPER--After she was taken out, did you observe any froth or + foam come from her mouth or nose? + + DEW--There was a white froth came from her, and as they wiped + it away, it was on again presently. + + COWPER--What was the appearance of her face and upper parts at + that time? + + DEW--She was so much disfigured, I believe that scarce any of + her neighbours knew her, the slime of the water being upon her. + + COWPER--Did you see her maid Sarah Walker at that time? + + DEW--No. + + HATSELL, BARON--Mr. Cowper, do you intend to spend so much time + with every witness? I do not see to what purpose many of these + questions are asked. + + COWPER--I have done with him: call Young. + + HATSELL, BARON--Mr. Cowper, I would not have you straiten + yourself, but only ask those questions that are pertinent. + + COWPER--Pray, give an account of what you know of the matter. + + YOUNG--On Tuesday morning between five and six o'clock, last + assizes---- + + COWPER--What officer did you say? + + YOUNG--I was constable. + + COWPER--Was you employed by the coroner? + + YOUNG--Not by him in person. Between five and six o'clock some + of the men that came into my yard to work, told me a woman was + drowned at the mill; I staid a little and went down to see, and + when I came there, I saw a woman, as they had told me, and I + saw part of her coat lie on the top of the water to be seen, + and I looked strictly and nicely within the bridge and saw the + face of a woman, and her left arm was on the outside the + stakes, which I believe kept her from going through; so I + looked upon her very wishfully, and was going back again; and + as I came back I met with R. Dew and two of my neighbours, and + they asked me to go back with them, and said they were going to + take her up; and being constable, I told them I thought it was + not proper to do it, and they said they had orders for it; so I + being constable went back with them, and when I came there I + found her in the same posture as before; we viewed her very + wishfully; her coat that was driven near the stakes was seen, + but none of her coats, or her legs; and after we had looked a + little while upon her, we spake to Dell and Ulse to take her + up, and one of them took hold of her coat till he brought her + above water; and as her arm drew up, I saw a black place, and + she laid sideway, that he could not take her up till they had + let her down again, and so they twisted her out sideway; for + the stakes were so near together that she could not lie upon + her belly, or upon her back; and when they had taken her up, + they laid her down upon a green place, and after she was laid + down, a great quantity of froth (like the froth of new beer) + worked out of her nostrils. + + HATSELL, BARON--How much do you call a great quantity? + + YOUNG--It rose up in bladders, and run down on the sides of her + face, and so rose again; and seeing her look like a + gentlewoman, we desired one Ulse to search her pockets, to see + if there were any letters, that we might know who she was; so + the woman did, and I believe there was twenty or more of us + that knew her very well when she was alive, and not one of us + knew her then; and the woman searched her pockets, and took out + six guineas, ten shillings, three pence halfpenny, and some + other things; and after that I desired some of my neighbours to + go with me and tell the money; for when it came to be known who + she was, I knew we must give an account on it, and I laid it + upon a block and told it, and they tyed it up in a + handkerchief, and I said I would keep the money, and they + should seal it up to prevent any question about it; and during + all this while of discourse, and sealing up the money, the + froth still worked out of her mouth. + + COWPER--Have you measured the depth of the water? What depth is + it there? + + YOUNG--I measured the water this morning, and it was so high + that it ran over the floodgate, and the height of it was about + four foot two inches; but sometimes it is pent up to a greater + height than it is to-day. + + COWPER--Was it higher to-day than when the body was found? + + YOUNG--To the best of my remembrance, it was as high to-day as + it was then. + + COWPER--Was any part of the body above water? + + YOUNG--No, nor nothing like the body could be seen. + + COWPER--Could you see where her legs lay? + + YOUNG--No, nor nothing but her upper coats, which were driven + against the stakes. + + COWPER--Pray give an account how long she lay there, and when + she was conveyed away? + + YOUNG--I stayed a quarter of an hour, and then I went and + sealed up the money at my own house, so that I did not see her + removed. + + JONES--Was anybody there besides yourself at this time? + + YOUNG--Yes; twenty people at the least. + + JONES--Now here is ten of them that have sworn that the body + was above the surface of the water. + + HATSELL, BARON--No, her cloaths, they say, were, but the body + was something under the water. + + COWPER--Now I will trouble your lordship no more with that + fact, but I will give you an account of the coroner's inquest, + how diligent they were in their proceedings, and produce a copy + of the inquisition itself, that she was found to have drowned + herself. + + HATSELL, BARON--Mr. Cowper, that is no evidence if it be + produced in order to contradict what these witnesses have said, + that have been examined for the king; but if you will prove + that they have sworn otherwise before the coroner than they now + do, then you say something, otherwise the coroner's inquest + signifies nothing as to the present question. + + COWPER--Call Thomas Wall. I am loth to be troublesome; but, if + you please to favour me, I desire to know of them whether they + do admit there was an inquisition, and that she was found _non + compos mentis_ and did kill herself. + + JONES--We do admit it. + + JURYMAN--We desire it may be read. + + HATSELL, BARON--Why, will not you believe what they agree to on + both sides? + + JURYMAN--If they do agree so, I am satisfied. + +_Wall_ was one of the coroner's jury, and saw the marks on the body +which he described; Mr. Camlin and the younger Dimsdale were requested +to examine them, which they did, and reported that they were no more +than were usual in such cases. Wall refreshed his memory from his notes, +and said that Sarah Walker had said that it was about eleven when she +had taken the coals up to warm Cowper's bed, but she could not say when +it was that Cowper went out, for she took up some more coals, and then +tarried a little, and then went down and found that Cowper and her +mistress had gone out. + + HATSELL, BARON--The woman said the same thing. + + COWPER--It is necessary in this particular as to time. + + HATSELL, BARON--She told you the clocks did differ. + +_Bowden_ and _Shute_ gave evidence as to the finding of the body and as +to its state when found, corroborating the other witnesses. + + COWPER--My lord, I am very tender how I take up your lordship's + time, and therefore I will not trouble you with any more + witnesses on this head; but with your lordship's leave I will + proceed to call some physicians of note and eminence, to + confront the learning of the gentlemen on the other side. + +_Dr. Sloane_[48] said he had not heard the other witnesses very +distinctly, because of the crowd; but that cases of the present kind +were very uncommon, and that none of them had fallen under his own +knowledge. It was plain that a great quantity of water might be +swallowed without suffocation; + + drunkards, who swallow freely a great deal of liquor, and those + who are forced by the civil law to drink a great quantity of + water, which in giving the question (as it is called) is + poured into them by way of torture to make them confess + crimes,[49] have no suffocation or drowning happen to them. + + But on the other hand, when any quantity comes into the + windpipe, so it does hinder or intercept the inspiration, or + coming in of the air, which is necessary for the respiration, + or breathing, the person is suffocated. Such a small quantity + will do, as sometimes in prescriptions, when people have been + very weak, or forced to take medicines, I have observed some + spoonfuls in that condition (if it went the wrong way) to have + choaked or suffocated the person. + +He took drowning to be when water got into the windpipe or lungs, and +believed that whether a person fell into the water alive or dead, some +quantity would find its way there. He inclined to believe that the +general condition of the body was consistent with the woman having been +drowned. + +_Dr. Garth_ gave reasons for disagreeing with the doctors called for the +prosecution in considering that the general state of the body proved +that the woman had not been drowned, pointing out that it was as +unnatural for a human body to float on its side, as for a shilling to +rest on its edge, or for a deal board to float edgewise rather than +otherwise. In spite of what had been said about the seamen, he believed +that dead bodies would generally sink. + + HATSELL, BARON--But you do not observe my question; the seamen + said that those that die at sea and are thrown overboard, if + you do not tye a weight to them, they will not sink; what say + you to that? + + DR. GARTH--My lord, no doubt in this they are mistaken. The + seamen are a superstitious people, they fancy that whistling at + sea will occasion a tempest. I must confess I have never seen + anybody thrown overboard, but I have tried some experiments on + other dead animals, and they will certainly sink; we have tried + this since we came here hither. Now, my lord, I think we have + reason to suspect the seaman's evidence; for he saith that + three-score pound of iron is allowed to sink the dead bodies, + whereas six or seven pounds would do as well. I cannot think + the commissioners of the navy guilty of so ill husbandry; but + the design of tying weights to their bodies, is to prevent + their floating at all, which otherwise would happen in some few + days; therefore what I say is this, that if these gentlemen had + found a cord, or the print of it, about the neck of this + unfortunate gentlewoman, or any wound that had occasioned her + death, they might then have said something. + +_Dr. Morley_ was called, and supported the view that a drowned body need +not necessarily have much water in it, and that it need not float. He +had tried experiments on two dogs the night before; he drowned them +both, and dissecting one found no water in its stomach, while the other +sank to the bottom of the water. + +_Dr. Woollaston_ and _Dr. Gelstrop_ both gave evidence to the same +effect as the preceding witnesses. + + COWPER--Now, my lord, I would call Mr. William Cowper; and + because of his name, I must acquaint your lordship that he is + not at all acquainted with me, though I should be proud to own + him if he were so; he is a man of great learning, and I + believe, most people admit him to be the best anatomist in + Europe. Mr. Cowper, will you give your opinion of this matter? + +_Mr. W. Cowper_[50] accordingly, premising that he would not only +'speak, from reason,' but give an account of experiments, stated that +the symptoms described were consistent with drowning; + + this is a truth that no man can deny who is acquainted with any + thing of this nature, that when the head of an animal is under + water, the first time it is obliged to inspire (or draw in air) + the water will necessarily flow into its lungs, as the air + would do if it were out of the water; which quantity of water + (if the dimensions of the windpipe and its branches in the + lungs be considered), will not amount to three inches square, + which is about three ounces of water. + + +And this quantity of water would be sufficient to cause suffocation, and +after suffocation, swallowing would become impossible. This he said, not +by way of conjecture or hypothesis, but as the result of experiment. + + I shall by the bye, tell you how fallacious the first + experiment was, when I proposed to satisfy myself whether a + dead body would float in water. It happened that a spaniel, + that had a great deal of long hair was hanged for this purpose, + which I found to float on the surface of the water; but when I + considered that his hair might buoy him up, I caused another + dog, which had shorter and less hair, to be hanged and put into + the water, which (according to what I had always conceived of + the human body) sunk directly to the bottom. In order to + satisfy myself what quantity of water was necessary to enter + the body of an animal, and cause suffocation in water, I caused + three dogs, when alive, to be suddenly plunged under water till + they were stifled; the result was that about three ounces of + water were found in their lungs, and none in their stomachs. + Dead bodies generally sank; weights were attached to dead + bodies, not so much to make them sink at the time, as to + prevent them floating afterwards. + + COWPER--With your lordship's favour, I now think it a proper + time to make this observation. The witnesses that have given + evidence for the king do say they believe she was not drowned; + but they have not pretended to say how she died otherwise. + + HATSELL, BARON--That is very true. + +_Dr. Crell_ was generally of the same opinion as that expressed by the +last witness, and, in spite of the suggestion of the judge that he +should confine his evidence to matters within his own experience, quoted +the opinion of Ambrose Parey ('who was chief surgeon to Francis the 1st, +employed by him in most of his sieges and battles against emperor +Charles the 5th, and consequently must observe, and could not be +ignorant of such like casualties in such great bodies of men'), as +expressed in his chapter of Renunciations, to the effect that the +certain sign of a man being drowned was an appearance of froth about his +nostrils and mouth. Altogether his firm opinion was that the woman was +drowned. + +_Mr. Harriot_, who had been a surgeon in the Fleet; and _Bartlet_, who +had been in several naval engagements, both swore that dead bodies when +thrown overboard sank at first, though they floated again afterwards. + +_Mr. Camlin_ was called at the coroner's inquest, and examined the body. +He found certain marks on the head and breast which Mr. Dimsdale said +were only the result of drowning; he had seen more decided marks on the +body of the child that was drowned. He saw no indications that Mrs. +Stout had been strangled. + + BOWD--It was much about this time twelvemonth I had some + business in London; and she [Mrs. Stout] sent to me, to know + when I should go to London; and I waited upon her before I + went, and she desired me to do some business for her; and when + I returned, I acquainted her with what I had done; and sitting + together in the hall, I asked her, what is the matter with you? + Said I, there is something more than ordinary; you seem to be + melancholy. Saith she, you are come from London, and you have + heard something or other: said I, I believe you are in love. In + love! said she. Yes, said I, Cupid, that little boy, hath + struck you home: she took me by the hand; Truly, said she, I + must confess it; but I did think I should never be guilty of + such a folly: and I answered again, I admire that should make + you uneasy; if the person be not of that fortune as you are, + you may, if you love him, make him happy and yourself easy. + That cannot be, saith she: the world shall not say I change my + religion for a husband. And some time after I had been in + London, having bought some India goods, she came to my shop and + bought some of me for a gown, and afterwards she came to pay me + for it; and I asked her, How do you like it? have you made it + up? No, said she, and I believe I shall never live to wear it. + + COWPER--Pray how long is it since? + + BOWD--It was about February or January before her death. I + asked her, why she did not come to my house oftener She said, + she had left off all company, and applied herself to reading; + and company was indifferent to her. + +Several other witnesses were then called to prove that they had recently +seen the deceased woman in a state of melancholy, and that she had +admitted that she was in love, though she would not say with whom. + + COWPER--Mrs. Cowper, what do you know of Mrs. Stout's + melancholy? + + COWPER--My lord, this is my brother's wife. + + MRS. COWPER--About spring was twelve month, she came to London, + and I believe it was not less than once or twice a week I saw + her; and I never had an opportunity to be an hour alone with + her at any time, but I perceived something in her melancholy. I + have asked her the reason of it several times, and sometimes + she seemed to dislike her profession, being a Quaker; and + sometimes she would say, that she was uneasy at something that + lay upon her spirits, which she should never outlive; and that + she should never be well while she was in this world. Sometimes + I have endeavoured to persuade her out of it seriously, and + sometimes by raillery, and have said are you sure you shall be + better in another world? And particularly I remember I have + said to her, I believe you have Mr. Marshall in your head: + either have him, or do not trouble yourself about him; make + yourself easy either one way or another; and she hath said no, + in an indifferent way, I cannot make myself easy: Then I have + said, marry him: no, saith she, I cannot. Sometimes with + company she would be diverted, and had frequently a way of + throwing her hands, and shewed great disturbance and + uneasiness. This time twelvemonth, at the summer assizes, I was + here six days, and I saw her every day; and one time, among + other discourse, she told me she had received great disturbance + from one Theophilus, a waterman and a Quaker, who coming down + to old Mrs. Stout, that was then lame, she had gathered about + 20 or 30 people together to hear him preach; and she said he + directed his discourse to her, and exasperated her at the rate + that she had thoughts of seeing nobody again, and said, she + took it heinously ill to be so used, and particularly, that he + had told her that her mother's falling outwardly in the flesh + should be a warning that she did not fall inwardly; and such + 'canting stuff,' as she called it; and she said, that + Theophilus had so used her, that she was ashamed to show her + head. Another time, the same week, she had a fever, and she + said, she was in great hopes it would end her days, and that + she neglected herself in doing those things that were necessary + for her health, in hopes it would carry her off, and often + wished herself dead. Another time, which I think was the last + time I saw her, it was at my sister's lodgings, and I sent for + her to drink a dish of tea with us, and she came in a great + toss and melancholy: Said I, what is the matter? you are always + in this humour. Saith she, I cannot help it, I shall never be + otherwise. Saith my sister, for God's sake keep such thoughts + out of your head as you have had, do not talk any more of + throwing yourself out of window: Saith she, I may thank God + that ever I saw your face, otherwise I had done it, but I + cannot promise I shall not do it. + + HATSELL, BARON--What is your name, madam? + + COWPER--It is my brother's wife, my lord. I desire Mrs. Toller + may give an account of what she knows as to her being + melancholy. + + MRS. TOLLER--My lord, she was once to see me, and she looked + very melancholy, and I asked her what was the matter? and she + said, something had vexed her that day; and I asked her the + cause of it, and she stopped a little while, and then said, she + would drown herself out of the way. + + HATSELL, BARON--How long ago was this? + + MRS. TOLLER--About three quarters of a year ago. + + JOHN STOUT--I desire to know whether she has always said so, or + not told another story. + + MRS. TOLLER--I told you no story; it may be I did not say so + much to you, but I said she talked something of drowning. I + have been with her when Mr. Cowper's conversation and name has + been mentioned, and she said she kept but little company; that + sometimes she went to Mrs. Low's, and that she kept none but + civil modest company, and that Mr. Cowper was a civil modest + gentleman, and that she had nothing to say against him. + + COWPER--This is Mrs. Eliz. Toller, my lord. + + ELIZABETH TOLLER--My lord, she came to see me some time after + Christmas, and seemed not so cheerful as she used to be; said + I, what is the matter? Why are you not so merry as you used to + be? Why do you not come often to see me? Saith she, I do not + think to go abroad so much as I used to do, and said, it would + be as much a rarity to see her go abroad, as to see the sun + shine by night. + + COWPER--Mrs. Grub, what do you know concerning Mrs. Stout's + pulling out a letter at her brother, Mr. John Stout's? Give an + account of it, and what she said upon that occasion. + + MRS. GRUB--I have a daughter that lives at Guernsey, and she + sent me a letter, and I prayed Mrs. Sarah Stout to read the + letter; and while she was reading it I cried; saith she, why do + you cry? said I, because my child is so far off. Said she, if I + live till winter is over, I will go over the sea as far as I + can from the land. + + HATSELL, BARON--What was the occasion of her saying so? + + MRS. GRUB--I was washing my master's study, Mrs. Sarah Stout + came in, and I had a letter from my daughter at Guernsey, and I + prayed Mrs. Sarah Stout to read it, and she read my letter, and + I cried, and she asked me, why I cryed? Said I, because my + child is so far off: Saith she, if I live to winter, or till + winter is over, I will go over sea as far as I can from the + land. + + COWPER--Now, my lord, to bring this matter of melancholy to the + point of time, I will call one witness more, who will speak of + a remarkable instance that happened on Saturday before the + Monday when she did destroy herself. + + Call Mr. Joseph Taylor. Pray will you inform the court and jury + of what you observed on Saturday before the Monday on which + Mrs. Stout destroyed herself. + + JOSEPH TAYLOR--I happened to go in at Mr. Firmin's shop, and + there she sat the Saturday before this accident happened, the + former assizes, and I was saying to her, Madam, I think you + look strangely discontented; I never saw you dressed so in my + life: Saith she, the dress will serve me as long as I shall + have occasion for a dress. + + COWPER--In what posture did she appear in the shop? + + JOSEPH TAYLOR--She appeared to be very melancholy. + + COWPER--What part of her dress did you find fault with? + + JOSEPH TAYLOR--It was her head cloaths. + + COWPER--What was the matter with them? + + JOSEPH TAYLOR--I thought her head was dawbed with some kind of + grease or charcoal. + + COWPER--What answer did she make? + + JOSEPH TAYLOR--She said, they would serve her time. + + COWPER--As to this piece of evidence, if your lordship pleases, + I desire it may be particularly taken notice of; it was her + head-dress that she said would serve her time. + + Pray, Mr. Taylor, was you at Mr. Barefoot's when I came there + on Monday morning? + + JOSEPH TAYLOR--Yes; I went up stairs with you into your + chamber. + + COWPER--Pray, what did I say to Mr. Barefoot? + + JOSEPH TAYLOR--You asked him if they had received a letter from + your brother, and he said, No, not that he knew of, but he + would call his wife, and he did call his wife, and asked her if + she had received a letter, and she said, No; then said you, I + will take up this lodging for mine; and accordingly you went up + stairs, and I went with you, and staid there about four times + as long as I have been here. + + COWPER--Are you very sure that I said, I would take up my + lodgings there? + + JOSEPH TAYLOR--Yes, I am very sure of it. + + HATSELL, BARON--What time of the day was it? + + JOSEPH TAYLOR--It was the fore part of the day; while I was + there, my lord, Mrs. Sarah Stout's maid came to invite Mr. + Cowper to her house to dinner. + + COWPER--Did you know anything of my sending to the + coffee-house? + + JOSEPH TAYLOR--You sent to the coffee-house for your things. + + HATSELL, BARON--Did Mr. Cowper use to lie at Mrs. Barefoot's? + + JOSEPH TAYLOR--His brother did, but I do not know whether this + gentleman did, but at that time he took up that place for his + lodging; and said, it was all one, my brother must pay for it, + and therefore I will take it up for myself. + + COWPER--Call Mrs. Barefoot and her maid. + + [But they not presently appearing,] + + COWPER--My lord, in the meantime I will go on to the other part + of my evidence, in opening of which I shall be very short. + + My lord, my wife lodging at Hertford, occasioned me frequently + to come down. Mrs. Stout became acquainted with her; When + business was over in the long vacation, I resided pretty much + at Hertford, and Mr. Marshall came down to pay me a visit, and + this introduced his knowledge of Mrs. Stout. When she was first + acquainted with him she received him with a great deal of + civility and kindness, which induced him to make his addresses + to her, as he did, by way of courtship. It happened one evening + that she and one Mrs. Crook, Mr. Marshall and myself, were + walking together, and Mr. Marshall and Mrs. Crook going some + little way before us, she took this opportunity to speak to me + in such terms, I must confess, as surprized me. Says she, Mr. + Cowper, I did not think you had been so dull. I was inquisitive + to know in what my dulness did consist. Why, says she, do you + imagine I intend to marry Mr. Marshall? I said I thought she + did, and that if she did not, she was much to blame in what she + had done: No, says she, I thought it might serve to divert the + censure of the world, and favour our acquaintance. My lord, I + have some original letters under her own hand which will make + this fully manifest; I will produce the letters after I have + called Mr. Marshall. Mr. Marshall. + + MR. MARSHALL--If your lordship pleases, it was in the long + vacation I came down to spend a little of my leisure time at + Hertford; the reason of my going thither was, because Mr. + Cowper was there at that time. The first night when I came down + I found Mrs. Sarah Stout visiting at Mr. Cowper's lodgings and + there I first came acquainted with her; and she afterwards gave + me frequent opportunities of improving that acquaintance; and + by the manner of my reception by her, I had no reason to + suspect the use it seems I was designed for. When I came to + town, my lord, I was generally told of my courting Mrs. Stout, + which I confess was not then in my head; but it being + represented to me as a thing easy to be got over, and believing + the report of the world as to her fortune, I did afterwards + make my application to her; but upon very little trial of that + sort, I received a very fair denial, and there ended my suit; + Mr. Cowper having been so friendly to me, as to give me notice + of some things, that convinced me I ought to be thankful I had + no more to do with her. + + HATSELL, BARON--When did she cast you off? + + MR. MARSHALL--I cannot be positive as to the time, my lord, but + it was in answer to the only serious letter I ever writ to her; + as I remember, I was not over importunate in this affair, for I + never was a very violent lover. + + HATSELL, BARON--Well, but tell the time as near as you can. + + MR. MARSHALL--I believe it was a second or third time I came + down to Hertford, which is about a year and a half since; and, + during the whole of my acquaintance with her, I never till + then found her averse to any proposal of mine; but she then + telling me her resolution was not to comply with what I + desired, I took her at her word, having, partly by my own + observation, but more by Mr. Cowper's friendship, been pretty + well able to guess at her meaning. + + COWPER--Because what you say may stand confirmed beyond + contradiction, I desire you to say whether you have any letters + from her to yourself? + + MR. MARSHALL--Yes, I have a letter in my hand which she sent + me, upon occasion of some songs I sent her when I came to town, + which she had before desired of me; and this is a letter in + answer to mine; it is her hand-writing, and directed to me. + + HATSELL, BARON--How do you know it is her hand-writing? + + MR. MARSHALL--I have seen her write, and seen and received + several letters from her. + + COWPER--Pray shew it Mr. Beale. + + MR. BEALE--I believe it to be her hand; I have seen her write, + and have a receipt of hers. + + CLERK OF ARRAIGNS--It is directed to Mr. Thomas Marshall at + Lyons-inn, and dated Sept. 26, 1697. + + '_Sept. 26, 1697._ + 'SIR, + + 'Yours came very safe; but I wish you had explained your + meaning a little more about the accident you speak of; + for have been puzzling my brains ever since; and without + I shall set myself to conjuring, I cannot imagine what + it should be, for I know of nothing that happened after + you went away, nor no discourse about you, only when we + were together, the company would sometimes drink your + health, or wish you had been there, or the like; so that + I fancy it must be something Mr. has invented for + diversion; though I must confess we have a sort of + people here, that are inspired with the gift of + foreknowledge, who will tell one as much for nothing as + any astrologer will have a good piece of money for. But + to leave jesting, I cannot tell when I shall come to + London, unless it be for the night and away, about some + business with my brother, that I must be obliged to + attend his motions; but when I do, I shall remember my + promise, although I do not suppose you are any more in + earnest than myself in this matter. I give you thanks + for your songs and your good wishes, and rest, + + Your loving Duck.' + + COWPER--Have you any more letters? + + MR. MARSHALL--Yes, I have another letter here, but before it is + read, I think it will be proper to give the court an account of + the occasion of its being writ. I waited on Mrs. Stout one + evening at her lodgings in Houndsditch, and at our parting she + appointed to meet me the next day; and to excuse her not coming + according to that appointment, she sent me this letter. + + CLERK OF ARRAIGNS--It is directed to Mr. Thomas Marshall; it is + without date. + + 'MR. MARSHALL, + + I met unexpected with one that came from H----d last + night, who detained me so long with relating the most + notorious inventions and lyes that are now extant + amongst those people, that I could not possible come + till it was late; and this day was appointed for + business, that I am uncertain when it will be finished; + so that I believe I cannot see you whilst I am in town. + I have no more at present, but that I am + + Your obliged Friend.' + + COWPER--Now, my lord, if your lordship please, I proceed to + shew you, that I went not so much voluntarily as pressed by her + to come to this house, and for that I will produce one letter + from her to myself; and, my lord, I must a little inform you of + the nature of this letter. It is on the outside directed to + Mrs. Jane Ellen, to be left for her at Mr. Hargrave's + coffee-house. For her to direct for me at a coffee-house, might + make the servants wonder and the post-man might suspect, and + for that reason she directed it in that manner. There was Mr. + Marshall by whom I received it, and I can prove the hand by Mr. + Beale. + + MR. MARSHALL--My lord, I verily believe I was by, and that Mr. + Cowper shewed me this letter immediately on receipt of it, as + he had done several others from the same hand. + + CLERK OF ARRAIGNS--This is directed for Mrs. Jane Ellen. It is + dated March the 5th, without any year. + + _'March the 5th._ + + SIR, + + I am glad you have not quite forgot that there is such a + person as I in being; but I am willing to shut my eyes, + and not see anything that looks like unkindness in you, + and rather content myself with what excuses you are + pleased to make, than be inquisitive into what I must + not know. I should very readily comply with your + proposition of changing the season, if it were in my + power to do it, but you know that lies altogether in + your own breast; I am sure the winter has been too + unpleasant for me to desire the continuance of it; and I + wish you were to endure the sharpness of it but for one + hour, as I have done for many long nights and days; and + then I believe it would move that rocky heart of yours, + that can be so thoughtless of me as you are; But if it + were designed for that end, to make the summer the more + delightful, I wish it may have the effect so far, as to + continue it to be so too, that the weather may never + overcast again; the which if I could be assured of, it + would recompense me for all that I have ever suffered, + and make me as easy a creature as I was the first moment + I received breath. When you come to H----d pray let + your steed guide you, and do not do as you did the last + time; and be sure order your affairs to be here as soon + as you can, which cannot be sooner than you will be + heartily welcome to + + Your very sincere Friend.' + + '_For Mrs. Jane Ellen, at Mr. Hargrave's, + near Temple-bar, London._' + + + COWPER--Though it is directed to Mrs. Jane Ellen, it begins in + the inside 'Sir,' and it is dated the 5th March next before the + 13th. + + HATSELL, BARON--What March was it? + + MR. MARSHALL--I kept no account of the time, but I am very + positive, by the contents, that Mr. Cowper shewed me this + letter and I read it, but by my now remembrance, it should be + longer since than March last. + + COWPER--It was March last. That which will set Mr. Marshall's + memory to rights is this other letter, which I received at the + Rainbow, when he was by, and he read it; and it importuning me + to a matter of this kind, I did produce it to my brother and + him; they both knew of it; and both read it, and that will + refresh his memory concerning the date of the other. + + MR. MARSHALL--My lord, I was in the coffee-house with Mr. + Cowper when he received this letter; and he afterwards shewed + it to Mr. William Cowper, at the Covent-garden tavern, when I + was by. + + CLERK OF ARRAIGNS--This is dated the 9th of March, and directed + to Mrs. Jane Ellen, at Mr. Hargrave's. + + '_March 9._ + + SIR, + + I writ to you by Sunday's post, which I hope you have + received; however, as a confirmation, I will assure you + I know of no inconveniency that can attend your + cohabiting with me, unless the grand jury should + thereupon find a bill against me; but I won't fly for + it, for come life, come death, I am resolved never to + desert you; therefore according to your appointment I + will expect you and till then I shall only tell you, + that I am + + 'Yours,' etc. + + '_For Mrs. Jane Ellen, at Mr. Hargrave's, + near Temple-bar, London._' + + + COWPER--If your lordship please, I will further prove this + letter by my brother. + +_William Cowper_ said that about a year and a half since, when Mrs. +Stout was in London, his brother came to his chamber in the Temple, and +told him that he had received a letter from Mrs. Stout, saying that she +intended to visit him in his chamber that day. His brother told the +witness that because of her connection with Marshall, as well as for +other reasons, he would not receive her there; and it was arranged that +as she intended first to dine with their father at his house in Hatton +Garden, where the witness was then living, he should take the +opportunity for casually remarking that the prisoner was that day gone +to Deptford, as he in fact intended to do. This plan was carried out, +with the result that Mrs. Stout left the room fainting. The witness then +went on to give an account of how his brother showed him the last letter +mentioned, at the Covent Garden Tavern-- + + Saith he, the occasion of my shewing it, is not to expose a + woman's weakness, but I would not willingly lie under too many + obligations, nor engage too far; nor on the other hand would I + be at an unnecessary expence for a lodging. + +It was accordingly arranged that the witness should write to Barefoot to +dispose of his lodgings, as Cowper had already related. + + I said I would write the next day, being Saturday; but when I + should have writ, it was very late, and I was weary, being then + tied down to the business of parliament; and partly for that + reason, and partly in point of discretion, which I had upon my + second thoughts, that it would be better for my brother to be + at Mr. Barefoot's, which is near the court, and in the market + place, I did neglect writing; and though I thought of it about + eleven o'clock, yet, as I said, partly for one reason, and + partly for another, I did not write that time.' + +_Beale_ was then called to prove the hand-writing of the letters, and +the jury declared themselves satisfied. + + HATSELL, BARON--I believe you may ask her mother, she will tell + you whether it be her daughter's hand. + + MRS. STOUT--How should I know! I know she was no such person; + her hand may be counterfeited. + + HATSELL, BARON--But if it were written in her more sober stile, + what would you say then? + + MRS. STOUT--I shan't say it to be her hand unless I saw her + write it. + + MR. STOUT--It is like my sister's hand. + + HATSELL, BARON--Do you believe it to be her hand? + + MR. STOUT--No, I don't believe it; because it don't suit her + character. + +_Mrs. Barefoot_ had expected Cowper at her lodgings, and had prepared a +bed for him. Cowper came to her house as usual, and sent to the +coffee-house for his bag. Mrs. Stout sent her maid over to invite Cowper +to dine at their house. Cowper came back to her house about eleven, by +the town clock, and did not go out again. + +_Hanwell_, the last witness's maid, made some preparations in Cowper's +room before he went to bed, which he did a little before twelve. + +Referring to the last-quoted letter of the deceased woman, Cowper says: + + 'I had rather leave it to be observed, than make the + observation myself, what might be the dispute between us at the + time the maid speaks of. I think it was not necessary she + should be present at the debate; and therefore I might not + interrupt her mistress in the orders she gave; but as soon as + the maid was gone I made use of these objections; and I told + Mrs. Stout by what accident I was obliged to take up my + lodgings at Mrs. Barefoot's, and that the family was sitting up + for me; that my staying at her house under these circumstances, + would in probability provoke the censure of the town and + country; and that therefore I could not stay, whatever my + inclination might otherwise be; but, my lord, my reasons not + prevailing, I was forced to decide the controversy by going to + my lodging; so that the maid may swear true, when she says I + did not contradict her orders.' + +_Spurr_ proved that Cowper came to the Glove and Dolphin Inn as the +clock struck eleven, and stayed there about a quarter of an hour. The +Glove and Dolphin was a little less than a quarter of a mile from Mrs. +Stout's house. + +Cowper then pointed out that, according to Sarah Walker's evidence, he +left Mrs. Stout's house at a quarter to eleven by the real time; that +if, as he should prove, it took half an hour to go from there to the +place where Mrs. Stout was drowned, he could not, according to the +evidence he had just called, have been there. + +_Sir W. Ashurst_ said it took him half an hour and one minute to walk to +the place where the deceased was drowned. _Sir T. Lane_ said it took him +about three-quarters of an hour, 'and we did not stay at all by the way, +except just to look upon the hospital.' + +_Kingett_ and _Man_, two servants at the Glove and Dolphin, confirmed +Spurr's evidence as to the time when Cowper arrived there and the time +he stayed there; adding that he came there to ask about an account for +his horse. + + HATSELL, BARON--Pray, wherein hath Sarah Walker said anything + that is false? + + COWPER--In this: I asked her when she gave evidence, whether + she went out to see for her mistress all that night, and + whether her mistress did not use to stay out at nights, and + whether she herself had not used to say so? If your lordship + pleases to remember, she said no. Pray, Mrs. Mince, what have + you heard Mrs. Stout's maid say concerning her mistress, + particularly as to her staying out all night? + + MRS. MINCE--She hath said, that her mistress did not love to + keep company with Quakers; and that she paid for her own board + and her maid's; and that, when she entertained any body, it was + at her own charge. And she hath said, that Mrs. Stout used to + ask, who is with you, child? and she would not tell her; and + that she did entertain her friends in the summer house now and + then with a bottle of wine; and when her mother asked who was + there? her mistress would say, bring it in here, I suppose + there is none but friends; and after the company was gone, she + used to make her mother believe that she went to bed: but she + used to go out and take the key with her, and sometimes she + would go out at the window, and she said particularly, one time + she went out at the garden window, when the garden door was + locked, and that she bid her not sit up for her, for she would + not come in at any time. + + HATSELL, BARON--Did ever Sarah Walker tell you that Mrs. Stout + staid out all night? + + MRS. MINCE--She hath said, she could not tell what time she + came in, for she went to bed. + +_Cowper_ offered to prove that Gurrey, at whose house the other +prisoners had stayed, had said that if he had gone to visit Mrs. Stout, +meaning apparently, if he had gone to visit the mother after the +daughter's death, the prosecution would not have taken place. To this he +would answer that he never had gone to see her in his life. + + Now, for a man officiously to make a new visit in the time of + the assizes, one engaged in business as I was, and especially + upon so melancholy an occasion; I say for me to go officiously + to see a woman I never had the least knowledge of, would have + been thought more strange (and justly might have been so) than + the omission of that ceremony. For my part, I cannot conceive + what Mr. Gurrey could mean, this being the case, by saying, + that if I had visited Mrs. Stout, nothing of this could have + happened. + + HATSELL, BARON--Mr. Cowper, he is not the prosecutor, I think + it is no matter what he said. + +_Sir W. Ashurst, Sir T. Lane, and Mr. Thompson_ were then called to +Cowper's character, and described him as a humane, upright, and capable +man. + +This concluded the case against Cowper, and the case of Marson was next +considered. In reply to a question from the judge, he explained that +Stephens was the clerk of the paper in the King's Bench; that Rogers was +steward of the King's Bench; and that it was their duty to wait upon the +Lord Chief-Justice of the King's Bench out of town. On Monday they all +went to the Lord Chief-Justice's house in Lincoln's Inn Fields, +according to their custom, and all set out from there. Marson, being +only an attorney in the borough court, could not go further with the +others than Kingsland, and returned from there to his business in +Southwark, where he attended the Court, as was his duty, and set out +again at past four in the afternoon. On arriving at Waltham he met one +Mr. Hanks, a clergyman, who was returning from attending the Lord +Chief-Justice to Hertford, whom he persuaded to return with him to +Hertford, on the plea that he did not know the way. They galloped all +the way, and did not arrive at Hertford till eight. There they found the +marshal, Stephens, Rogers, Rutkin, and others of the marshal's +acquaintance at the coffee-house, from which they went to the Glove and +Dolphin, and stayed there till eleven o'clock. Rogers and the witness +had a dispute about which of them should lie with Stephens at Gurrey's +house, and they all went to Gurrey's to see what could be arranged, and +to drink a glass of wine. Eventually Stephens, Rogers, and Marson, all +stayed at Gurrey's; while Hanks and Rutkin went back to the marshal's. +The party at Gurrey's drank three bottles of wine, + + and afterwards, in jocular conversation, I believe Mr. Stephens + might ask Mr. Gurrey if he knew of one Mrs. Sarah Stout? And + the reason why he asked that question our witness will explain. + I believe he might likewise ask what sort of woman she was? and + possibly I might say the words, My friend may be in with her, + though I remember not I did say anything like it; but I say + there is a possibility I might, because I had heard she had + denied Marshall's suit, and that might induce me to say, My + friend may be in with her, for all that I remember. I confess + Mr. Rogers asked me what money I had got that day, meaning at + the Borough Court? I answered fifty shillings; saith he, we + have been here a-spending our money, I think you ought to treat + us, or to that purpose. As to the bundle mentioned I had no + such, except a pair of sleeves and a neck-cloth. As to the + evidence which goes to words spoken, the witnesses have + fruitful inventions; and as they have wrested and improved the + instances I have been particular in, so they have the rest, or + otherwise forged them out of their own heads. + + HATSELL, BARON--Mr. Rogers, what do you say to it? + + ROGERS--We came down with the marshal of the King's bench, it + rained every step of the way, so that my spatter-dashes and + shoes were fain to be dried; and it raining so hard, we did not + think Mr. Marson would have come that day, and therefore we + provided but one bed, though otherwise we should have provided + two, and were to give a crown for our night's lodging. We went + from the coffee-house to the tavern, as Mr. Marson has said, + and from the tavern the next way to our lodging, where there + was some merry and open discourse of this gentlewoman; but I + never saw her in my life, nor heard of her name before she was + mentioned there. + + STEPHENS--We never stirred from one another, but went along + with the marshal of the King's bench, to accompany my lord + chief-justice out of town, as is usual. + + HATSELL, BARON--I thought it had been as usual for him to go + but half the way with my lord chief-justice. + + ROGERS--They generally return back after they have gone half + the way, but some of the head officers go throughout. + + STEPHENS--It was the first circuit after the marshal came into + his office, and that is the reason the marshal went the whole + way. + + HATSELL, BARON--Did not you talk of her courting days being + over? + + PRISONERS--Not one word of it; we absolutely deny it. + + STEPHENS--I never saw her. + + JONES--Mr. Marson, did you ride in boots? + + MARSON--Yes. + + JONES--How came your shoes to be wet? + + MARSON--I had none. + +_Hunt_ gave an account of how he was at the Old Devil Tavern at Temple +Bar, on Sunday night, and Marson and three or four others of Clifford's +Inn being there at the same time, discoursing of the marshal's attending +the Lord Chief-Justice to Hertford, Marson said he too might be required +to go; on which one of the company said, 'If you do go to Hertford, pray +enquire after Mr. Marshall's mistress, and bring us an account of her;' +and it was this discourse that gave occasion to talk of Mrs. Stout at +Gurrey's house, which was done openly and harmlessly. This story was +corroborated by one Foster, who had been at the Devil; and Stephens +offered to call another witness to the same purpose, but was stopped by +the judge. + +_Hanks_ was called, and gave the same account of his arrival in Hertford +as Marson had already given. He was in Marson's company from the time he +met him till he left him at his lodgings, at about eleven o'clock. + +_Rutkin_ was called by Marson to give an account of his coming to +Hertford. + + RUTKIN--My lord, I came to wait on the marshal of the King's + Bench to Hertford, and when we were come to Hertford we put up + our horses at the Bull, and made ourselves a little clean; we + went to church, and dined at the Bull, and then we walked in + and about the court, and diverted ourselves till about seven + o'clock; and between seven and eight o'clock came Mr. Marson + and Dr. Hanks to town, and then we agreed to go to the Dolphin + and Glove to drink a glass of wine; the marshal went to see an + ancient gentleman, and we went to the Dolphin and Glove, and + staid there till past ten o'clock, and after the reckoning was + paid we went with them to their lodging, with a design to drink + a glass of wine; but then I considered I was to lie with the + marshal, and for that reason I resolved not to go in, but came + away, and went to the Bull Inn, and drank part of a glass of + wine and afterwards went to the next door to the Bull Inn, + where I lay with the marshal. + +_Marson_ called witnesses to character, who swore that they had always +had a good opinion of him, that they had never seen him but a civilised +man, that he had been well brought up amongst them, and that they had +never seen him given to debauchery. + +_Cowper_ said that he was concerned to defend the other prisoners as +much as himself, and that there was something he wished to say in their +behalf. + + 'The principal witness against them is one Gurrey; and I will + prove to you, that since he appeared in this court, and gave + his evidence, he went out in a triumphant manner, and boasted + that he, by his management, had done more against these + gentlemen than all the prosecutor's witnesses could do besides. + To add to that I have another piece of evidence that I have + just been acquainted with; my lord, it is the widow Davis, + Gurrey's wife's sister, that I would call. + +_Mrs. Davis_ was asked by her sister to help her lay the sheets for the +men in Gurrey's house, and while she was doing so the gentlemen came +into the room; it was then about ten, or something later. They had three +quarts of wine and some bread and cheese, and then went to bed; and +after that Gurrey went to fetch Gape, who lodged at his house, from +Hockley's. + + COWPER--I only beg leave to observe that Gurrey denied that he + went for him. + + HATSELL, BARON--Ay; but this signifies very little, whether it + be true or false. + +Various other witnesses were called, who gave all the prisoners +excellent characters in their private and professional capacities. + + JONES--My lord, we insist upon it, that Mr. Cowper hath given a + different evidence now, from what he did before the coroner; + for there he said he never knew any distraction, or love fit, + or other occasion she had to put her upon this extravagant + action. Now here he comes, and would have the whole scheme + turned upon a love-fit. Call John Mason. + +_Mason_, in answer to questions put to him by Mr. Stout and Jones, said +that Cowper, before the coroner, had said that he knew no cause for Mrs. +Stout's suicide; and that she was a very modest person. He was asked +whether he knew any person she was in love with, and he said he knew but +of one, and his name was Marshall, and he was always repulsed by her. + +_Archer_ was present at the inquest, and heard Cowper say that he knew +no occasion of Mrs. Stout's death, nor of any letters. + + COWPER--Then I must call over the whole coroner's inquest, to + prove the contrary. + + HATSELL, BARON--Did they ask him concerning any letters? + + ARCHER--They asked him, If he knew of any thing that might be + the occasion of her death? + + HATSELL, BARON--I ask you again, if they asked him if he knew + of any letters? + + ARCHER--My lord, I do not remember that. + + MR. STOUT--I would have called some of the coroner's inquest + but I was stopped in it. + + JURYMAN--We have taken minutes of what has passed; If your + lordship pleases we will withdraw. + + HATSELL, BARON--They must make an end first. + +_Mrs Larkin_ was called, and said that Rutkin came to her house between +nine and ten, and that the marshal did not come in till an hour +afterwards. + +_Mr. Stout_ desired to call witnesses to his sister's reputation; and +_Jones_ said that the whole town would attest to that. + +_Hatsell, Baron_, then summed up. He said that the jury could not expect +that he should sum up fully, but that he would notice the most material +facts, and that if he omitted any thing, Jones or Cowper would remind +him of it. He then recapitulated Sarah Walker's evidence, very briefly; +and then went on:-- + + The other witnesses that came afterwards, speak concerning the + finding of the body in the river, and tell you, in what posture + it was. I shall not undertake to give you the particulars of + their evidence; but they tell you she lay on her right side, + the one arm up even with the surface of the water, and her body + under the water; but some of her cloaths were above the water. + You have also heard what the doctors and surgeons said on the + one side and the other, concerning the swimming and sinking of + dead bodies in the water; but I can find no certainty in it; + and I leave it to your consideration. + +Further, there were no signs of water in the body, and it was said that +this was a sign that she was not drowned; but then it was answered that +it might show that she had drowned herself, because if she wished to +drown herself she would choke herself without swallowing any water. + + The doctors and surgeons have talked a great deal to this + purpose, and of the water's going into the lungs or the thorax; + but unless you have more skill in anatomy than I you would not + be much edified by it. I acknowledge I never studied anatomy; + but I perceive that the doctors do differ in their notions + about these things.... Gentlemen, I was very much puzzled in my + thoughts, and was at a loss to find out what inducement there + could be to draw in Mr. Cowper, or these three other gentlemen, + to commit such a horrid, barbarous, murder. And on the other + hand, I could not imagine what there should be to induce this + gentlewoman, a person of plentiful fortune, and a very sober + good reputation, to destroy herself.' + +But if they believed the letters that had been produced to be in her +hand, there was evidence to show that although she was a virtuous woman, +a distemper might have turned her brains, and discomposed her mind. + + As to these three other gentlemen that came to this town at the + time of the last assizes, what there is against them, you have + heard; they talked at their lodging at a strange rate, + concerning this Mrs. Sarah Stout, saying, her business is done, + and that there was an end of her courting days, and that a + friend of theirs was even with her by this time. What you can + make of this, that I must leave to you; but they were very + strange expressions; and you are to judge whether they were + spoken in jest, as they pretend, or in earnest. There was a + cord found in the room, and a bundle seen there, but I know not + what to make of it. As to Mrs. Stout, there was no sign of any + circle about her neck, which, as they say, must have been if + she had been strangled; some spots there were; but it is said, + possibly these might have been occasioned by rubbing against + some piles or stakes in the river. Truly, gentlemen, these + three men, by their talking, have given great cause of + suspicion; but whether they, or Mr. Cowper, are guilty or no, + that you are to determine. I am sensible I have omitted many + things; but I am a little faint, and cannot remember any more + of the evidence. + +The jury then retired, and in half an hour returned with a verdict of +Not Guilty as to all the prisoners. + +The acquittal in this case led to an appeal of murder, the most curious +survival of the earliest English criminal procedure, which was not +finally abolished till 1819. The effect of such a proceeding was that +after an acquittal on an indictment for murder, the prosecutor might +challenge the accused to an ordeal by battle. Accordingly, in the long +vacation following the trial, Mrs. Stout, the mother of the dead woman, +sued a writ of appeal out of Chancery, against Cowper, in the name of an +infant who was her daughter's heir. The sealing of the writ was delayed, +it is said to nearly the last possible day, a year after the alleged +murder, for the purpose of keeping the matter in suspense as long as +possible; and the consent of the mother of the infant to Mrs. Stout's +being named as his guardian for the purpose, was obtained from her by a +fraudulent representation that the object of the proceeding was to +obtain the deceased woman's property for him. On discovering what its +real effect was, she and her friends applied to one Toler, the +under-sheriff of Hertfordshire, for the writ, and on his giving it up to +them, burnt it. On a rule being obtained for the return of the writ, and +it appearing that Toler had delivered it to the infant's mother, he was +adjudged guilty of a gross contempt, and heavily fined. Holt, Lord +Chief-Justice, said on this occasion that + + he wondered that it should be said that an appeal is an odious + prosecution. He said he esteemed it a noble remedy, and a badge + of the rights and liberties of an Englishman. The court of + king's bench, to show their resentment, committed Toler to the + prison of the king's bench for his fine, though the clerk in + court would have undertaken to pay it. And Holt, chief-justice, + said to Toler, that he had not been in prison long enough + before, and that he might now, if he pleased, go to Hertford + and make his boast that he had got the better of the king's + bench. + +Afterwards Mrs. Stout petitioned the Lord Keeper for another writ; the +infant and his mother presenting a counter-petition disowning their +former writ as sued forth without their consent. After an argument +before a full court it was decided that the Court had power to grant a +new writ, but that it would be unjust to grant one under the present +circumstances, because, among other reasons, the appellant and his +mother had renounced the writ as soon as they understood its nature, and +there was no proof that the appellees had been privy to their action. + +FOOTNOTES: + +[43] Spencer Cowper (1669-1727) was the younger brother of Earl Cowper, +who was the first Lord Chancellor of Great Britain. He was educated at +Westminster, and made Controller of the Bridge House Estates in 1690. At +the time of this trial his brother was the member for Hertford. In 1705 +and 1708 he represented Beeralston in Parliament; he was one of the +managers in Sacheverell's trial, and lost his seat in consequence, but +was afterwards elected for Truro in 1711. In 1714 he became +Attorney-General to the Prince of Wales, and in 1717 Chief-Justice of +Chester. On the accession of George the Second he was made +Attorney-General of the Duchy of Chester, and a Judge of the Common +Pleas in 1727. He died the same year. He was the grandfather of William +Cowper the poet. + +[44] Sir Henry Hatsell (1641-1714) was the son of an active Roundhead +who sat in the House of Commons during the Commonwealth. He was educated +at Exeter College, was called to the Bar in 1667, and became a Baron of +the Exchequer in 1697. The present trial was the most conspicuous with +which he was connected, from which fact it may be supposed that he never +enjoyed a very high reputation. He was removed from the Bench soon after +Queen Anne's accession. + +[45] This John Dimsdale was apparently the father of the first Baron +Dimsdale, who inoculated Catharine of Russia and the Grand Duke Paul, +her son, for smallpox in 1728. John's father was William, who +accompanied William Penn to America in 1684; so that it is not clear who +the Mr. Dimsdale, senior, and Dr. Robert Dimsdale of this trial were. +The family is, however, one which has long been settled in +Hertfordshire. + +[46] _Vulgar Errors_, Book IV., ch. vi., 'Of Swimming and Floating.' + +[47] The Lord of the Manor might have a right to the forfeited goods of +a felon. + +[48] Sir Hans Sloane (1660-1753) was born in Co. Down. He studied +medicine abroad, and was elected a member of the Royal Society in 1685. +In 1687 he went to the West Indies as secretary to the Duke of +Albemarle, and made valuable scientific collections. He was elected +secretary of the Royal Society in 1693, and succeeded Sir Isaac Newton +as president of the same body in 1727. He was physician to Queen Anne +and George the Second, and founded the botanical garden at Chelsea for +the Society of Apothecaries. He left his collections to the nation, and +they formed part of the original nucleus of the British Museum. Sloane +Street and Hans Square derive their names from him. + +[49] The lay reader must observe that Sloane is talking of the 'civil +law.' + +[50] William Cowper (1666-1709) was a leading surgeon at the time of +this trial, having been elected a member of the Royal Society in 1696, +and in 1698 having published a treatise on anatomy, which led to a +vigorous controversy between him and a Dutch doctor of the name Bidloo, +whose anatomical plates he seems to have adopted for his own work. He +subsequently published a variety of papers on surgery, and was the +discoverer of Cowper's glands. + + + + +SAMUEL GOODERE AND OTHERS + + +On the 18th of March 1741, at the Bristol Gaol-delivery, Samuel +Goodere,[51] Matthew Mahony, and Charles White were indicted for the +murder of Sir John Dineley Goodere, the brother of the first-named +prisoner. They were tried before Serjeant Michael Foster.[52] The trial +was adjourned to the 26th on account of Goodere's health, when there +appeared for the prosecution _Vernon_, and for the prisoner _Goodere_, +_Shepard_ and _Frederick_. The other prisoners were undefended. + +_Vernon_ opened the case. He began-- + + May it please you, Mr. Recorder, and you, gentlemen that are + sworn on the jury, I am counsel for the King against the + prisoners at the bar, who stand indicted for the murder of sir + John Dineley Goodere; they are also charged on the coroner's + inquest with the same murder; and though it is impossible for + human nature not to feel some emotions of tenderness at so + affecting a sight as now presents itself at the bar; yet, + gentlemen, should the guilt of this black and frightful murder + be fixed upon the prisoners (as from my instructions I fear it + will be), pity must then give way to horror and astonishment at + the baseness and barbarity of the fact and circumstances; and + our sorrow ought to be that, through the lenity of the laws, + the unnatural author and contriver of so shocking a piece of + cruelty, and this, his brutal accomplice in the ruffianly + execution of it, should be to share the common fate of ordinary + malefactors. + + +He then proceeds to point out that the indictment alleges that Mahony +strangled the deceased, and that Goodere was present aiding and abetting +him in the act; that therefore it would be immaterial for the jury which +of the two actually committed the act, if they were acting together; and +that it would not be material whether they strangled the deceased with a +rope, a handkerchief, or their hands, 'so the kind of death be proved.' +Goodere was Sir John's brother, and there had long been a quarrel +between them owing to various causes, particularly because Sir John had +cut off the entail of a property in Worcestershire, to which Goodere +would otherwise have been the heir in default of Sir John's issue. He +had recently been appointed captain of the _Ruby_ man-of-war, and in +January last she was lying in the King's road, within the county of +Bristol. Sir John had been ordered to Bath for his health, and had made +an engagement to call, on his way there, at the house of Mr. Jarrit +Smith, in Bristol, to transact some business. Goodere had asked Smith to +arrange a meeting between him and his brother to effect a +reconciliation, and accordingly this visit, which was to take place on +Tuesday the 13th of January, had been fixed upon for the purpose. On +Monday the 12th, Goodere and Mahony called at the White Hart Inn, near +the foot of College Green, in view of, and almost opposite to, Smith's +house; and Goodere, commending the view from a closet above the porch, +ordered breakfast to be prepared for him there the next day. On Tuesday, +Goodere, accompanied by Mahony, and a gang of men belonging to a +privateer called the _Vernon_, whom he had hired to assist him in +seizing Sir John, 'but whom one would have thought, the name of that +gallant admiral should have inspired with nobler sentiments,' came to +the White Hart, where Goodere went upstairs to the closet he had +ordered, and the others posted themselves below to watch for Sir John. +He soon arrived, armed with pistols, and followed by a servant, but only +made a short stay at Mr. Smith's, promising to come again the next +Sunday. He was too well protected for it to be advisable to interfere +with his movements, but Goodere's men, at his order, followed him a +little way down the hill as he left the house. Mr. Smith afterwards told +Goodere that his brother would return the next Sunday, and advised him +to be in the way, that he might bring them together. Goodere accordingly +made all his arrangements to effect his purpose. He ordered one +Williams, a midshipman, to bring up the man-of-war's barge on Sunday, to +leave it at a point a little below Bristol, with two or three men in +charge of her, and to bring on the rest of the crew to meet him at the +White Hart, explaining that he was going to bring some one on board. +Accordingly, on the Sunday, Goodere, the barge-men, and the +privateersmen, all met at the White Hart; and at three in the afternoon +Goodere went across to Mr. Smith's. There he met his brother, with whom +he spent some time, conversing and drinking with him apparently on +perfectly friendly terms. After half an hour, however, Sir John rose to +go, followed by his brother; as soon as they got into the street Goodere +made a sign to his men in the White Hart, who immediately seized Sir +John, and partly led him, and partly carried him towards the boat which +was waiting for them, as Goodere had ordered. Sir John made what +resistance he could, calling out that he was ruined, and that his +brother was going to take his life; his captors, however, explained to +bystanders who tried to interfere that he was a murderer, whom they were +arresting, and kept off the crowd by means of the bludgeons and +truncheons with which they were armed. They could not prevent Sir John, +however, from calling out, as he was being put into the barge, that he +was going to be murdered, that the people by were to tell Mr. Smith, and +that his name was Sir John Dineley. The privateersmen were landed lower +down the river, and at about seven in the evening Sir John was brought +on board the _Ruby_. There his brother pretended to the crew that he was +a madman, and shut him up in the purser's cabin, on to the door of +which he had two new bolts fitted. A sentry was posted outside the door, +but at some time after midnight he was relieved by Goodere himself, who +admitted Mahony and White, keeping back another man from approaching it. +A struggle was heard in the cabin, and Sir John calling out, 'Murder! +must I die! Help, for God's sake! save my life, here are twenty guineas, +take it!' Then Mahony called for a light, which was handed in to him by +Goodere, while he still kept another man away from the cabin door by his +cutlass. Goodere then withdrew to his cabin, and Mahony and White were +put ashore in the ship's yawl. In the morning the ship's cooper, who had +heard Sir John calling out, and in fact seen a part of the attack on him +through a chink, broke open the door of the purser's cabin and found the +dead body. Goodere was then arrested by the crew, and brought before the +Mayor of Bristol, where he denied all knowledge of the matter. + +_Shepard_ asked that the witnesses for the prosecution should be ordered +out of court. + +_Vernon_ replied that he had no right to this, and that as it would seem +to cast a slur upon their honesty he objected to it being done. + +_Shepard_ admitted that he had no right to it, but asked it as a favour; +on which all witnesses were ordered to leave the court, an exception +being made in favour of Mr. Jarrit Smith, who claimed a right to be +present as he was prosecuting solicitor as well as a witness. + +_Chamberlayn_ was called, and said that about three weeks before the +death of Sir John he was asked by Goodere to interpose with Mr. Jarrit +Smith to bring about a reconciliation between him and Sir John. He went +to Mr. Smith as he was asked to, and he promised to do all he could in +the matter. The brothers had been at law a long while, and spent a great +deal of money, and that was why Goodere wanted Mr. Smith to bring about +a reconciliation between them. + +_Jarrit Smith_ was then called, and deposed that Mr. Chamberlayn had +brought him the message he had described, and had brought Goodere to his +house, and that he had promised him to do what he could to bring about a +reconciliation. + + Some little time after they were gone, I saw sir John, and told + him that Mr. Goodere had applied to me to do all I could to + reconcile them. Sir John seemed to speak much against it at + first, and thought it would be to no purpose; for that he had + been a real friend to the captain, who had used him very ill; + but at last he was pleased to pass a compliment on me, and + said, I cannot refuse anything you ask of me. He then mentioned + several things the captain had said; and in particular told me + that at the death of sir Edward Goodere, his father, Mr. + Goodere, the prisoner, had placed several persons in the house + where sir Edward lay dead, in order to do him some mischief, + and he apprehended to take away his life. + + SHEPARD--I must submit it to the Court, that what sir John said + at that time is not a matter of evidence. + + THE RECORDER--It is not evidence, but perhaps it is + introductory to something Mr. Smith has further to say; if it + be not, it should not have been mentioned. + + SMITH--And that he had endeavoured to set aside a common + recovery, and made strong application to the Court of Common + Pleas for that purpose. + + SHEPARD--Whether this be evidence, I insist upon it that in + point of law it is not, and it may have an effect on the jury. + + THE RECORDER--I will take notice to the jury what is not + evidence. Go on, Mr. Smith. + + SMITH--After sir John had repeated several stories of this + sort, he concluded at last (as I told you before), And why, Mr. + Smith, if you ask it of me, I can't refuse. I saw Mr. Goodere + soon after, and told him I had seen sir John and talked with + him, and he was pleased to tell me, that he would see him, and + bid me contrive a convenient place to bring them together. I + told Mr. Goodere about the attempt to set aside the recovery. I + wonder, said Mr. Goodere, he should mention anything of that, + for I can set it aside when I please. I told him, I thought he + could not; for, said I, I have a good opinion on it, and am to + lend a large sum of money on the Worcestershire estate. He + said, I wonder that any body will lend him money on that + estate; I am next in remainder, and they will run a risk of + losing their money, I do assure you; and he cannot borrow a + shilling on it without my consent: but if my brother was + reconciled, then, if we wanted money, we might do it together, + for he cannot secure it alone. He told me, that he should take + it as a great favour, if I could fix a time as soon as I could + to bring them together. Soon after I saw sir John, and he told + me he was very deaf, and was advised to go to Bath, and then + appointed to be with me on Tuesday, the 13th of January last, + in the morning, when he would talk with me about the business + of advancing the money on his estate. After this I saw Mr. + Goodere, and told him that I had seen his brother; that he was + to be with me on Tuesday, the 13th of January last, and desired + him to be in the way, for sir John was always very punctual to + his appointment; and if business or anything happened to + prevent him he always sent me a letter. Mr. Goodere thanked me, + and told me he would be in the way; and on the Tuesday morning + sir John came to me on horseback, just alighted and came into + my office. I asked him to sit down, which he refused, saying + his head was bad; that he must go for Bath, having been advised + to go there for some time, and then he did not doubt but he + should be better. I told sir John, that his brother knew he was + to be in town therefore hoped he would sit down a little, for + that I had promised him to bring them together. He said, I + can't now, but you shall see me again soon, and then I may do + it. I asked him, when shall I see you again, to finish the + business you and I are upon? the writings are ready, name your + own time, the money will be paid. He appointed to be with me on + Monday morning to settle that business; and said, I shall come + to town the Saturday or Sunday before, and when I come I will + let you know it: he then mounted his horse and rid off. + Shortly after (as I was going to the Tolzey) at, or under + Blind-gate, I met Mr. Goodere, and told him I was glad to see + him and that his brother had been in town. He said he had seen + him and thought he looked better than he used to do. I told Mr. + Goodere that his brother had appointed to be with me on Monday + morning next on business, and I expected him to be in town + either the Saturday or Sunday before. I then had many + compliments from Mr. Goodere, and he said, how good it would be + to make up the matter between him and his brother. I heard + nothing of sir John being in town till Sunday the 18th of + January last, in the morning, when he sent me a letter to let + me know that he came to town the night before, and would be + glad to call upon me at any time I would appoint. I sent him + for answer, that I was to dine from home, but would return and + be at home at three o'clock that afternoon. And as I was + passing by, I stopt the coach at captain Goodere's lodgings in + Princes Street. I asked if he was at home? Found him alone, and + then shewed him sir John's letter. He read it, and asked the + time I appointed. I told him three o'clock that afternoon. Said + he, I think my brother writes better than he used to do. I + said, Mr. Goodere, I think it would be best for you to be + accidentally on purpose at that time at my house. No, says he, + I don't think that will be so well, I think it would be better + for you to send for me. I returned to my house, and my servant + told me that sir John had called, and that he would be here + again presently. Whilst my servant was telling this, sir John + came in; I took him by the hand, and asked him how he did? I + thank God, says he, I am something better; and after I have + settled this affair with you, I will go to Bath for some time, + and then, I hope, I shall be better. I said, captain Goodere is + waiting, I beg you will give me leave to send for him; you know + you said you would see him. With all my heart, says sir John, I + know I gave you leave. I then sent down a servant to captain + Goodere's lodgings, to let him know sir John was with me, and + desired him to come up. The servant returned, and said, Here is + captain Goodere; on which I said, sir John, please to give me + leave to introduce your brother. He gave me leave: captain + Goodere came in, went directly and kissed him as heartily as + ever I had seen any two persons who had real affection one for + the other. I desired them to sit down. Sir John sat on one side + of the fire, and captain Goodere on the other, and I sate + between them. I called for a table and a bottle of wine, and + filling a full glass, I said, sir John, give me leave to drink + love and friendship. Ay, with all my heart, says sir John; I + don't drink wine, nothing but water; notwithstanding, I wish + love and friendship. Captain Goodere filled a bumper, and + pledged it, spoke to his brother, and drank love and friendship + with his brother's health. We sate some time, all seemed well, + and I thought I could have reconciled them. The cork lying out + of the bottle, captain Goodere takes up the cork in his hand, + put it into the mouth of the bottle and struck it in very hard. + I then said, though sir John will not drink wine, you and I + will. No, says captain Goodere, I will drink water too, if I + drink any more; and there was no more drank. After they had + talked several things (particularly captain Goodere of the + pleasantness of the situation of the estate in Herefordshire + and goodness of the land) in a very pleasant and friendly way, + sir John rose up, and said, Mr. Smith, what time would you have + me be with you to-morrow morning? I appointed nine o'clock. He + said, Brother, I wish you well; then said to me, I will be with + you half an hour before. Sir John went down the steps; the + captain was following; I stopt him, and said, Pray don't go, + captain, let you and I drink a glass of wine. No more now, I + thank you, sir, said he. I think, said I, I have done great + things for you. He paused a little and said, By God, it will + not do; and in a very short time the captain went very nimbly + down the steps. I followed him to the door, and observed him to + go after sir John down the hill; and before he turned the + churchyard wall, to be out of my sight, I observed some sailors + come out of the White Hart ale-house, within view of my door, + and they ran up to captain Goodere. I heard him say, Is he + ready? (I thought he meant the boat), they said, Yes. He bid + them make haste. Then they ran very fast towards the + lower-green, one of them having a bottle in his hand; captain + Goodere went very fast down the hill, and had it not been by + mere accident I should have followed him (but some people think + it was well I did not), for I promised my wife to return to the + house where we dined in Queen's-square, where I went soon + after. + + MR. RECORDER--Mr. Smith, did they all go toward the lower + green? + + SMITH--No, Sir; but some towards the butts on St. Augustine's + back. Sir John went that way, and captain Goodere followed him; + but the men who came out of the ale-house went toward the lower + green some of them. About 5 o'clock in the evening, as I was + riding up the hill towards the College-green I observed a + soldier looked hard at me into the coach, as if he had + something to say, and seemed to be in a confusion. I walked + into the court, the soldier with me, and then he said, I am + informed, Sir, your name is Mr. Jarrit Smith. Yes, says I, it + is. (What I am now going to say, Mr. Recorder, is what the + soldier told me.) He told me, that as he was drinking with a + friend at the King's Head ale-house at the Lime-kilns, he heard + a noise, and ran out to see what was the matter, when he saw a + person dressed (as he described) like sir John's dress. + + VERNON--Pray, Sir, how was sir John dressed? + + SMITH--Sir John was dressed in black clothes, he had a ruffled + shirt on, a scarlet cloak, a black velvet cap (for the sake of + keeping his ears warm) and a broad-brimmed hat flapping. He + described this exactly, and told me likewise, that the captain + of the man-of-war and his crew had got the person into custody, + and by force had put him on board the man-of-war's barge or + boat lying near the Slip, by the King's Head; that the + gentleman cried out, For God's sake if you have any pity or + compassion upon an unfortunate man, go to Mr. Jarrit Smith, and + tell him how I am used: and that the captain hearing him cry + out, stopt his mouth with his hand. + + MR. RECORDER--What did the soldier desire of you? + + SMITH--The soldier desired me to enquire into it, for that he + did not know the intention of taking off a gentleman in that + way. + + MR. RECORDER--Did you do any thing on that request of the + soldier? + + SMITH--Yes, Sir; it immediately occurred to me, that sir John, + when he left my house, told me that he was going to his + lodgings. I went to his lodgings (which was at one Mr. Berrow's + near the mint), I there asked for him, and related the story I + had heard; they told me they had not seen him since he went to + my house. + + VERNON--Mr. Smith, Sir, will you inform us by what name the + unfortunate gentleman (you are speaking of) was commonly + called? + + SMITH--Sir John Dineley Goodere; his mother was a Dineley, and + there came a great estate from her side to him, which + occasioned his being called by the name of Dineley. + + VERNON--When sir John went from your house on Tuesday, was he + alone, or had he any attendants with him? + + SMITH--Sir John was well guarded; he had pistols, and I think + his servant had pistols also. + + VERNON--I think you told us but now, that sir John was to be + with you on Sunday; pray, when did you let Mr. Goodere know it, + Sir? + + SMITH--I met captain Goodere that very day at Blind-gate, and + told him of it; and he said, he had met his brother himself. + + VERNON--Pray, Sir, did Mr. Goodere tell you, to whom the estate + would go on sir John's death? + + SMITH--Yes, he has often said he was the next remainder man, + and that the estate would come to himself on his brother's + death. + + MR. RECORDER--Well, Mr. Goodere, you have heard what Mr. Smith + hath said, have you any questions to ask him? + + MR. SHEPARD--Mr. Recorder, what I have to ask of you, with + submission, in behalf of Mr. Goodere, is, that you will indulge + counsel to put his questions for him to the Court, and that + the Court will then be pleased to put them for him to the + witnesses. It is every day's practice at the courts of + Westminster, Old Bailey, and in the Circuit. + +_Vernon_ replied that the matter was entirely in the discretion of the +Court, and that Shepard could ask for nothing as a matter of right. + + The judges, I apprehend, act as they see fit on these + occasions, and few of them (as far as I have observed) walk by + one and the same rule in this particular; some have gone so far + as to give leave for counsel to examine and cross-examine + witnesses, others have bid counsel propose their questions to + the court; and others again have directed that the prisoner + should ask his own questions; the method of practice in this + point is very variable and uncertain; but this we certainly + know, that by the settled rule of law the prisoner is allowed + no other counsel but the court in matters of fact, and ought + either to ask his own questions of the witnesses, or else + propose them himself to the Court. + +He then asked Jarrit Smith one more question, to which he replied. + + VERNON--Sir, I think you were present when Mr. Goodere was + brought to Bristol after his brother's being killed; I'd be + glad to know whether you then heard him say anything, and what, + concerning this foul business? + + SMITH--I was present when Mr. Goodere was brought to Bristol + after this murder happened, when he was asked (before the + justices) about the seizing, detaining and murdering sir John + Dineley; and he then directly answered that he did not know + that his brother was murdered or dead. He was then asked in + relation to the manner of seizing him, and carrying him away; + he said he knew nothing of it till he came to the boat, and + when he came there he saw his brother in the boat; but he did + not know that his brother had been used at that rate. + + SHEPARD--Mr. Smith, Sir, you are speaking about sir John; by + what name did you commonly call him? + + SMITH--Sir John Dineley Goodere. + + THE RECORDER--Mr. Goodere, have you any questions to ask Mr. + Smith? + + GOODERE--Yes, Sir. Mr. Smith, I ask you what sir John Dineley's + business was with you, and how much money were you to advance? + + SMITH--Five thousand pounds, Sir; and I told him that I was + satisfied that it was a good title. + + GOODERE--I ask you if you knew him to be a knight and a + baronet? + + SMITH--I can't tell; I never saw the letters patent. + + GOODERE--Can't you tell how you styled him in the writings? + +_Vernon_ objected to this, because baronetage must be derived from +letters-patent, and therefore could not be properly proved by Mr. +Smith's personal knowledge; and added that it was not material, because +the indictment alleged that the person murdered was Sir John Dineley +Goodere, and the prosecution would prove that he usually went by that +name. + +To this _Shepard_ answered that if the person killed was a baronet, and +was not so described, there was a misdescription, and the prisoners +could not be convicted on that indictment. + +_Vernon_ then argued at some length that the necessity of setting out a +personal description in an indictment applied only to the defendant, and +that all that the law required in the description of the person on whom +the offence was committed was a convenient certainty; and that a +description by the Christian and surname sufficed. Besides, this was all +begging the question, for as it did not appear in proof that the +deceased was a baronet, he might, for all that appeared judicially, have +been christened Sir John. + + Had we called the deceased in the indictment sir John Dineley + Goodere baronet, then, Sir, we should probably have been told + that we had failed in proof of the identity of the person, for + that the baronetage was in its creation annexed to, and made a + concomitant on, the patentee's name of Goodere, and waited only + on that name; and that the deceased, considered as a baronet, + was not of the maternal name of Dineley, and so upon the matter + no such person as sir John Dineley Goodere baronet ever existed + _in rerum natura_.[53] + + +_Shepard_ pointed out that they could not be expected to produce +letters-patent to show that the deceased was a baronet, because the +prisoner had not been allowed to see, or to have a copy of his +indictment; and that it was only on hearing it read that the defence +became aware that the deceased was not described as a baronet. He +therefore hoped that Goodere might be allowed to ask the question he +proposed of Mr. Smith, who having been familiar with Sir John, and seen +all his papers and title-deeds, must know the certainty of his title and +degree. + +_The Recorder_ held that it was sufficient if the deceased was described +by his Christian and surname; and that the question proposed to the +witness was improper, for that it was not material whether the deceased +was a baronet or not.[54] + +_Morris Hobbs_ was the landlord of the White Hart. He could see Mr. +Jarrit Smith's house from his windows; and had seen the prisoners +before. + + VERNON--I would not lead you in your evidence, but would be + glad you'd give an account to Mr. Recorder, and the jury, + whether Mr. Goodere (the gentleman at the bar) applied to you + about coming to your house; if so, pray tell us when it was, + and upon what occasion? + + HOBBS--The 12th of January (which was on Monday) captain + Goodere and Mahony came to my house; captain Goodere asked my + wife, Have you good ale here? She said, Yes; he also asked, + What place have you over-head? I answered, A closet, a place + where gentlemen usually sit to look out. Will you please to let + me see it, says he? Yes, Sir, said I. I went up to shew it, he + and Mahony went up; the captain said it was a very fine + prospect of the town; he asked for a pint of ale, I drawed it, + and he gave it to Mahony, he drank it: and then the captain + asked my wife, whether he might have a dish of coffee made + to-morrow morning? Sir, said she, it is a thing I don't make + use of in my way; but, if you please, I will get it for you. + Then he told her, he would be there to-morrow morning by about + nine o'clock. Mahony was by then. + + VERNON--Did you hear this discourse pass between your wife and + Mr. Goodere? + + HOBBS--Yes, I did, and then the captain paid for his pint of + ale, and went away; and the next morning (being Tuesday the + 13th of January) he came again to my house before my wife was + up, and I was making the fire (for I keep no servant). I did + not know him again, I thought he was another man; says he, + Landlord, can't you open them windows in the parlour? I told + him, I would, and so I did; he looked out, and I thought that + he had been looking for somebody coming from College prayers. + He asked where my wife was? Says I, she is a-bed: because, said + he, I talked with her about having some coffee for breakfast. I + told him, she should come down presently, but I had much rather + he would go down to the coffee-house, where he would have it in + order. No, says he, I will have it here. My wife came down, he + asked if he might go upstairs where he was before; he went up, + and by and by Mahony and three men more came in; I did not know + Mahony's name; when they came in, the captain was above stairs; + he directed me to make his men eat and drink whatever they + would, and he would pay for it; I brought them bread and + cheese, they eat what they pleased; Mahony went backwards and + forwards, up stairs and down several times; he went out, but + where, or what for, I did not know. + + VERNON--Did Mahony, when he went up stairs, go in to Mr. + Goodere? + + HOBBS--Yes, several times; Mahony put the coffee, and some + bread and butter, and made the toast, and did everything for + the captain, I thought he had been his footman. When the + captain had breakfasted, and had made the men welcome, he + shifted himself (some porter brought fresh clothes to him). By + and by a man rid along, who, I believe, was sir John Goodere's + man, with pistols before him; I heard somebody say that it was + his man: and soon after the captain had shifted himself, Mahony + went out about a quarter of an hour, and came back sweating, + and went up to the captain; and I looking out of the window saw + the man on horseback, and leading another horse (which I took + to be his master's) and by and by sir John mounted, and rid + down between my house and the church; and I had some glimpse + of him, and heard the captain say, Look well at him, but don't + touch him. + + THE RECORDER--This you heard the gentleman above stairs say to + the four men below? + + HOBBS--Yes, Sir, he spoke these words to the four who came in. + + VERNON--Did sir John and his man appear to have any arms? + + HOBBS--Yes, Sir, they had both pistols before them. + + VERNON--Those men that were along with Mahony, do you know what + ship they belonged to? + + HOBBS--There was a young man, I believe something of an + officer, came to my wife, and asked her, Is the captain of the + man-of-war here? She answered that she did not know; but there + was a gentleman above, and there were six other men besides in + the other room in another company, which I did not know + belonged to the captain, until he ordered six pints of ale for + them. The captain ordered entertainment for ten men. + + VERNON--Where were those six men? + + HOBBS--In the kitchen; they did not belong to the man-of-war, + nor were not in company with the other four. + + VERNON--Now, will you proceed to give an account what followed + upon Mr. Goodere's saying, Look well at him, but don't touch + him. + + HOBBS--As soon as sir John went down the hill, this Mahony + stept up to the captain and came down again, and he and the + other three in his company went down the hill, and the captain + followed them; the clothes which the captain pulled off were + left in the room; when the captain was going out at the door + with his sword and cloak, I thought I was pretty safe of my + reckoning, because of his clothes being left. The captain said + at the door, Landlady, I will come back and pay you presently. + + VERNON--How long was it before Mr. Goodere returned to your + house? + + HOBBS--He came again in about a quarter of an hour: When he + came again, he went upstairs, changed a guinea, he asked what + was to pay? I told him four shillings and one penny half-penny, + and then went away. About an hour and a half after Mahony and + the other came again, sweating, and said they had been a mile + or two out in the country. Mahony asked credit for a tankard of + ale, and said his master would come up on Saturday following, + and then he would pay for it: Well, said I, if he is to come up + on Saturday, I will not stand for a tankard of ale; but if he + don't come, how shall I have my reckoning? Says Mahony, I live + at the Scotch arms in Marsh-street. Well, said I, I will not + deny drawing you a tankard of ale, if you never pay me. Said + he, You had best get the room ready against Saturday, and make + a fire, and just dust it. + + VERNON--Pray, when Mr. Goodere went away from your house was he + in the same dress as when he came that day? + + HOBBS--No, Sir. When he came there he had a light-coloured + coat, and he looked like a country farmer at his first coming + in; but when he was out, he had a scarlet cloak on, wore a + sword, and had a cane in his hand; a porter brought him the + things. + + VERNON--Do you know any thing of what happened on the Sunday + following? + + HOBBS--Yes, Sir; the Sunday morning Mahony came to my house, + having trousers, a short jacket and leather cap on, asked for a + quart of ale, this was Sunday: My wife said, Don't draw any + more upon tick. Mahony gave a sixpence and paid for it, and + said, See that the room be clear, the captain will be up in the + afternoon, and then he will be here; And as he was going out of + the house, he said to me, If you fortune to see that gentleman + go up with the black cap before that time, do you send a porter + to me to the Scotch arms. I told him I had no porter, and could + not send. About 3 o'clock in the afternoon when he came again + with a person who had a scalled face, and one or two more, a + man who lodged in the house came and told me, that they wanted + to go up stairs; but I would not let them, because it was in + service-time. They all went into the parlour, and had a quart + of ale, and when that was drunk, Mahony called for another; and + then eight or nine men more came and called for ale, and went + into the parlour, but still kept looking out; and one of them + being a little fellow, I don't know his name, kept slamming the + door together, ready to break the house down. Says I, Don't + break my house down about my ears, don't think you are in + Marsh-street; then the little fellow came up as if he was going + to strike me, as I was coming up out of the cellar with a + dobbin of ale in my hand, for a gentleman going to the college; + I saw this gentleman (pointing to the prisoner Samuel Goodere) + and the deceased walk down the hill, I looked after them, and + so did Mahony; and then all those men rushed out, and followed + them. Mahony paid the reckoning, and went away: I ran in to see + after my tankard for I was more afraid of losing that than the + reckoning. And that is all I do know from the beginning to the + end. + + VERNON--How long did he continue at your house on the Sunday? + + HOBBS--I believe, Sir, an hour and a half; and there was some + or other of them still looking out and waiting at the door. + + THE RECORDER--You say that Mahony desired you that if you saw + the gentleman in the black cap go by, to send a porter; who did + you apprehend that gentleman to be? + + HOBBS--The gentleman that rode down the Tuesday. + + ONE OF THE JURY--To what place were you to send the porter? + + HOBBS--To the Scotch arms in Marsh-street, where Mahony lodged, + if the gentleman in the black cap did go up to Mr. Smith's. + + VERNON--I think, you say, you saw Mr. Goodere on the Sunday go + down the hill, after the gentleman in the black cap? + + HOBBS--I did, Sir; but nobody at all was with him. + + GOODERE--Did you see me at all that day? + + HOBBS--Yes, Sir, I saw you go into Mr. Jarrit Smith's; and when + you came down the hill, after the gentleman in the black cap, + you called out to Mahony and his company, and bid them to look + sharp. + + GOODERE--Did you see anybody with me that day? I was not at + your house that day. + + HOBBS--I did not say you were; but as you was going to Mr. + Jarrit Smith's, I heard one of your men say, There goes our + captain, or else I had not looked out. + + MAHONY--I beg leave, my lord, to ask him, who it was that the + captain bid Mahony to look sharp to? + + HOBBS--The gentleman with the black cap. + + THE RECORDER--Was the gentleman in the black cap, at whose + going by they all rushed out, the same gentleman whom you had + seen before go to Mr. Jarrit Smith's? + + HOBBS--Yes, Sir, but Mahony gave half-a-crown for my reckoning, + and as they rushed out so hastily, I was afraid they had taken + away my tankard; for which reason I went to look after it, and + saw no more. + + +_Thomas Williams, sworn._ + + VERNON--Mr. Williams, I think you belonged to the _Ruby_ at the + time when this melancholy affair happened? + + WILLIAMS--Yes, Sir. + + VERNON--What station were you in? + + WILLIAMS--I was ordered to walk the quarter-deck. + + VERNON--Will you give an account of what you know in relation + to the ill-treatment of sir John Dineley Goodere? Tell all you + know about it. + + WILLIAMS--I came up on Sunday the 18th day of January last for + my commander, went to his lodgings, he was not at home. I was + told there that he dined that day at Dr. Middleton's and he was + just gone there. I went to Dr. Middleton's after him, and he + was just gone from thence; I then returned to his lodgings and + found him there; I told him the barge was waiting for his + honour. He asked me if I knew the river, and if I knew the + brick-yard at the lime-kilns? I told him that I knew the + lime-kilns, and at last I recollected that I did remember the + brick-yard he meant. That is well enough, says he. While I was + there, Mahony came up to him, and the captain desired of me to + go down stairs, for he wanted to speak to Mahony in private. I + went down stairs, by and by Mahony came down and went away; + then I went up to captain Goodere again, when he directed me to + get all the hands together, and go down into the barge, and, + says he, let it be landed at the brick-yard. He asked me, if I + knew the White Hart in the College Green? I told him, I did, + and he directed me to take eight men up with me to the White + Hart, and let two remain in the boat for I have a gentleman + coming on board with me. I did as I was ordered; and when I + came to the White Hart, I saw Mahony and some of the + privateer's men with him there in a room; I did not like their + company; I went into the kitchen; I asked the landlord to make + me a pint of toddy; he asked me, whether I would have it hot or + cold; I told him a little warm; he was going about it but + before it was made, Mahony and the privateer's men rushed out + of the house: I seeing that, followed them; they had the + gentleman in possession before I came to them, and were + dragging him along. I asked them what they were at? One of the + privateer's men told me, if I did not hold my tongue he would + throw me over the key into the river, and immediately captain + Goodere came there himself; The privateer's men asked what they + should do with him, and he directed them to take him on board + the barge. I followed them down the butts, the gentleman cried + out Murder, murder! Mr. Stephen Perry, the anchor-smith, came + out of his house, and asked me what was the matter; I told him + I did not know: Mahony said he was a murderer, he had killed a + man on board the man-of-war, and that he had run away; they had + carried him before a magistrate, and he was ordered back to the + man-of-war to be tried by a court-martial. + + THE RECORDER--Was the captain within hearing at the time Mahony + said that? + + WILLIAMS--He was just behind. + + THE RECORDER--Was he within hearing? + + WILLIAMS--He was; and when they had brought him into the barge + captain Goodere desired to have the cloak put over sir John to + keep him from the cold, but sir John said he did not want a + cloak, neither would he have it. The privateer's men wanted me + to put them on the other side the water, but I said I would not + without the captain's orders. They asked the captain, and he + directed me to do it, and I put them ashore at the glass-house, + and just as we came over against the hot-wells, there was a + gentleman standing whom sir John knew, to whom sir John cried + out, Sir, do you know Mr. Jarrit Smith? But before he could + speak any more, the cloak was thrown over him to prevent his + crying out, and the captain told me to steer the barge on the + other side, until we got clear of the noise of the people; and + when we were got clear, he directed me to steer the boat in the + middle, as I ought to do. I obeyed his orders. + + THE RECORDER--Who threw the cloak over him? + + WILLIAMS--The captain. And the captain being as near to sir + John as I am to your lordship, sir John asked the captain what + he was going to do with him? Says the captain, I am going to + carry you on board, to save you from ruin, and from lying + rotting in a gaol. + + VERNON--And what reply did sir John make to that? + + WILLIAMS--He said, I know better things, I believe you are + going to murder me; you may as well throw me overboard, and + murder me here right, as carry me on board ship and murder me. + No, says the captain, I am not going to do any such thing, but + I would have you make your peace with God. As I steered the + boat, I heard all that passed. We brought sir John on board + between 7 and 8 o'clock, he could hardly go up into the ship, + he being so benumbed with cold; he did go up of his own accord, + with the men's assistance. + + VERNON--How was he treated on board the man-of-war? + + WILLIAMS--Sir, I don't know how they treated him after he went + on board the ship. I was excused from watching that night so I + went to my hammock; but after I was got out of my first sleep, + I heard some people talking and walking about backwards and + forwards: I was surprised; at last I peeped out of my hammock, + and asked the centinel what was o'clock. He said, between two + and three. And then I saw captain Goodere going down the ladder + from the deck towards the purser's cabin, but for what + intention I know not. I believe he came from his own cabin. + + THE RECORDER--Whereabout is the purser's cabin? + + WILLIAMS--The purser's cabin is in a place called the Cockpit, + the lower steps of the ladder is just by the door of the + purser's cabin. + + THE RECORDER--And it was that ladder you saw the captain go + down, was it? + + WILLIAMS--Yes, Sir, it was. + + VERNON--Mr. Williams, you have not told us all the particulars + of sir John's treatment between the seizing and carrying him to + the barge. + + WILLIAMS--One of the men had hold of one arm, and another the + other, and a third person was behind shoving him along. + + VERNON--Where was captain Goodere then? + + WILLIAMS--He was just behind him. + + VERNON--How near was he to him? + + WILLIAMS--Sometimes he was as near to him as I am to you. + + THE RECORDER--How many were there in the company, do you think, + in the rope-walk, when they were carrying sir John along? + + WILLIAMS--There were five of the privateer's men, and Mahony + made six, and there were nine belonging to the barge; about + sixteen in all. + + RECORDER--At what distance were you? + + WILLIAMS--At a pretty great distance; I walked just before + them; I saw them take him along in the manner I have said; I + heard sir John cry out murder several times as he went, as they + took him along the rope-walk. + +In answer to Goodere, the witness said that he slept on the starboard +side of the gun-room, and that he could see people coming down into the +cockpit, because the gun-room came unusually far out; there was no other +cabin but the purser's in the cockpit. He did not know where the ship +lay, being but a foremast man. + + +_Samuel Trivett, sworn._ + + VERNON--Will you give an account to Mr. Recorder and the Jury + of what you know relating to this business? + + TRIVETT--On Sunday the 18th of January last, I was at a public + meeting in the rope-walk; I heard a noise of people cried, Damn + ye, stand off, or else we will knock your brains out; I stepped + up, and asked what right they had to carry a man along after + that manner? I followed them: their answer was, it was a + midshipman who had committed murder, and they were taking him + down to the ship to do him justice; other people likewise + followed, enquiring what was the matter the gentleman was + behind, and ordered them to make more haste. + + VERNON--Look upon the prisoner at the bar, Mr. Goodere; is that + the gentleman that ordered them to make more haste? + + TRIVETT--I believe that is the man, my lord. On the gentleman's + ordering them to make more haste, five or six of them caught + him up in their arms, and carried him along; and as they were + got down about the corner of Mr. Brown's wall, he insisted upon + their making more dispatch, and then they hurried him as far as + captain Osborn's dock. By that time his clothes were ruffled + and shoved up to his arm-pits; they put him down, and settled + his clothes, and then I saw his face, and knew him to be sir + John Dineley: he cried out murder several times, and said, they + were taking him on board to kill him, he believed. As they were + going with him along, he cried out to Mrs. Darby, For God's + sake assist me, they are going to murder me. I told Mrs. Darby + it was sir John Dineley: she said she knew him; the cloak was + then over his face. As they got him further, he called out to a + little girl, to get somebody to assist him, for they were going + to murder him. They pushed him along to Mrs. New's house, and + made a little stop there, and then they brought him to the + water-side, where was a boat; they put out a plank with ledges + nailed across: he was ordered to go on board the boat; they got + him on board, and put him to sit down in the stern-sheet: then + he cried out, For God's sake, gentlemen, if any of you know Mr. + Jarrit Smith in the College-green, tell him my name is sir John + Dineley. One of the men put his cloak and covered him, and + before he could say any more, that gentleman (pointing to the + prisoner Goodere) took his hand and put it on his mouth, and + would not let him speak any further, and ordered the boat to be + pushed off, which was done; and the tide making up strong, the + boat got almost to the other side. I heard that gentleman + (pointing as before) say, Have you not given the rogues of + lawyers money enough already? Do you want to give them more? I + will take care that they shall never have any more of you; now + I'll take care of you. + + THE RECORDER--Prisoners, will either of you ask this witness + any questions? + + GOODERE--No, I never saw the man before in my life. + + +_Thomas Charmsbury, sworn._ + + CHARMSBURY--On Sunday the 18th of January last, between the + hours of four and five in the afternoon, I was on board the + ship called the _Levant_, lying in Mr. Thompson's dock; I heard + a noise coming over the bridge of the dock, and I saw a man in + a scarlet cloak, and a parcel of people, some before and some + behind, guarding of him, and he made a noise. I went towards + them, to see what was the matter, and at Mr. Stephen Perry's + counting-house (they rested) I asked, what was the matter? + They said, he had killed a man on board a man-of-war; that he + had run away; and they had had him before a magistrate, and he + was ordered on board the king's ship to be carried round to + London to take his trial. Mr. Perry (on hearing the noise) came + out and saw him; says Mr. Perry, Gentlemen, do you know what + you are about? I would not be in your coats for a thousand + pounds, for it is 'squire Goodere. They threatened to knock + down any that should come near; a fellow, I take him to be + Mahony, came up to me, and threatened to knock me down several + times. They took and carried him as far as captain James Day's + lofts and warehouse, where he keeps his hemp; and there they + rested him again, and threatened to knock down any that should + come near them. Then said Mahony, Damn ye, here comes the + captain. Immediately I turned about, and saw a gentleman with + his cane poised in one hand, and his sword in the other; he had + a dark shag coat and yellow buttons, whom I take to be that + gentleman the prisoner at the bar. They took up the man in the + scarlet cloak again, and carried him so far as coming out from + the lower College-green into the rope-walk: the prisoner + Goodere came up to them and ordered them to mend their pace; + they took him up again, and carried him as far as Brown's + garden, at the lower end of the rope-walk, as fast as they + could well carry him, where they settled his clothes, and in + the meanwhile the prisoner Goodere came up to them again, and + ordered them to mend their pace. With much difficulty they got + him between the gate and stile, and carried him as far as the + warehouse at the corner of the glass-house, there they rested + and settled his clothes again; then they took him up, and + carried him down to the Lime-kilns, as far as the lower part of + the wall below madam New's; and then brought him down to a + place opposite to the King's-head, and then they put him on + board a boat (I take it the man-of-war's barge) having ten + oars, and they handed him in. After, the prisoner Goodere went + into the boat after him, and set sir John on the + starboard-side, and the prisoner Goodere on the larboard-side; + then sir John cried out, Murder! you gentlemen that are on + shore, pray tell Mr. Jarrit Smith that my name is Dineley, and + before he could say Goodere the gentleman took up the flap of + the cloak, threw it over the face of sir John, and stopped his + mouth; and says he, I will take care of you, that you shall not + spend your estate; and ordered the barge to be put off; and + then he took the gentleman's cloak from his shoulders, and put + it on his own. + + THE RECORDER--Who was it that stopped his mouth with his cloak? + + CHARMSBURY--That gentleman the prisoner at the bar. The boat + was so full, had so many people in it, that they were obliged + to row but with eight oars: and when they proceeded down the + river, it being about three quarters flood, and the gentleman + continually crying out, they went out of sight, and I saw no + more of them. + +_Mrs. Darby_, who lived at the limekilns, saw Sir John forced along +between two men; he was crying out, Murder, murder! for the Lord's sake +save me, save me, for they are going to kill me. She knew Sir John very +well; she had mended his chair for him last summer; she was told that +the gentleman at the bar was the captain of the man-of-war; he was +dressed in a dark drab-coloured coat, and his waistcoat was trimmed with +gold. She heard Sir John cry out something as he was being hurried into +the boat, but she could not hear what. + +_William Dupree_ was drinking at the King's Head with a friend, and a +young woman who was reading at the window said she heard a great noise, +on which they went out, and saw a company of men forcing a gentleman +along, the prisoner Goodere coming behind them. They said that he had +murdered a man, and that they were taking him on board for justice. They +put him on the yawl, while Captain Goodere stood by. He cried out, 'For +God's sake! go and acquaint Mr. Jarrit Smith, for I am undone, they will +murder me.' The witness went back to the King's Head, where the people +advised him to go to Mr. Jarrit Smith and inform him of it, which he +did. When Sir John cried out he saw Goodere put his hand on his mouth. + + +_Theodore Court, Master of the Ship, sworn._ + + VERNON--Will you tell Mr. Recorder and the jury what you know + concerning the death of sir John Dineley Goodere? + + T. COURT--On the 18th of January last, being Sunday, the barge + went up to fetch captain Goodere from Bristol, and about seven + of the clock in the evening he came on board, and when he came + into the gangway, says he, How do you all do, gentlemen? + Excuse me, gentlemen, from going the right way to-night, for I + have brought an old mad fellow on board and I must take care of + him. I saw a gentleman with a black cap coming up the ship's + side, and his groans shocked me, so that I could not help him; + he looked much surprised as a person used ill; as soon as he + was on board he was taken into custody, and carried by the + captain's orders down to the cockpit, and put into the purser's + cabin, and a centinel ordered upon him; and I saw him no more + at that time. Next morning I was told that the captain's + brother was murdered, and that the captain had given Charles + White and Mahony leave to go on shore. + + THE RECORDER--By whose direction was he put into the purser's + cabin? + + T. COURT--The captain himself went down and saw them put him + in. + + VERNON--Whereabout in the ship is the purser's cabin? + + T. COURT--In the cock-pit. + + VERNON--Was it a place where gentlemen who came on board + commonly lay? + + T. COURT--No, nobody had laid in it for a considerable time. + The next morning the cooper met me, and said, Here is fine + doings to-night, Mr. Court! Why, what is the matter? said I. + Why, said he, about three o'clock this morning they went down + and murdered sir John. The ship was in an uproar; the Cooper + said, if Mr. Perry (the lieutenant) did not secure the captain, + he would write to the board; we had several consultations in + the ship about it. The captain sent for me to breakfast with + him: I accepted his invitation; I can't say but he behaved with + a very good name to all the people on board. About ten o'clock + Mr. Perry, myself, and the other officers, with the cooper, + consulted about securing the captain. Mr. Perry cautioned us + not to be too hot; for, said he, if we secure the captain + before we know sir John is dead, I shall be broke, and you too. + We send for the carpenter, and desired him to go down and open + the cabin-door, the centinel who stood there having said it was + lock'd; the carpenter went down, opened the cabin-door, and + came up, and said sir John was murdered; and that he lay on his + left side, with his leg up crooked. I told them, gentlemen, + there is nothing to be done before the coroner comes; and + therefore we must not touch him: whereupon the door was ordered + to be fastened up; we then consulted how to take the captain, + and a method was agreed on for that purpose. And as soon as the + captain was taken, he declared he was innocent of it, that he + knew not that his brother was murdered. When the coroner came, + I saw the deceased, and my heart ached for him. + + THE RECORDER--Who was it put the centinel upon sir John? + + T. COURT--The captain ordered it to be done. + + VERNON--Is it usual to place a centinel at the purser's + cabin-door? + + T. COURT--No, it is not; unless there be somebody there under + confinement. + + VERNON--Is there any other cabin near the purser's? + + T. COURT--Yes, there is the slop-room just by; there the cooper + and his wife lay that night: there is just a little partition + of about half-inch deal, parting the slop-room from the place + where sir John lay confined. + + VERNON--Pray, will you tell us whether any and what discourse + passed between Mr. Goodere and you, about sailing, and when it + was? + + T. COURT--Sir, in the morning he asked me, Will the wind serve + to sail? He said, he had another pressing letter from the lords + of the admiralty to sail as soon as possible. I told him that + the wind was west-south-west, and that we could not go out to + sea; for no pilot would take charge of the ship I believed. And + as this is a harbour where a pilot is allowed, I don't pass for + this place; otherwise I must have observed his orders. + + VERNON--Did he acquaint you how far or to what part, he would + have you sail? + + T. COURT--Yes, he said, if he got no further than the Holmes, + he did not care; and asked me if it was safe riding there. I + told him it was not; for it was foul ground for such a ship as + ours. + + THE RECORDER--Mr. Goodere, will you ask this witness any + questions? + + GOODERE--What cabins are there in the cock-pit? + + T. COURT--I know no cabins there but the purser's cabin and the + slop-room, etc. + + VERNON--Call Mr. Williams. + +_William Williams_ produced a watch which he had found in a vault in +Back Street. Culliford, who kept the Brockware Boat on the Back, had +reported at the Council House, when he was examined there, that a watch +and some money had been left at his house; but his wife, when asked for +them, denied the watch, but afterwards admitted that she had thrown it +into the vault where the witness afterwards found it. + +_T. Court_ said that the captain had had a watch like the one produced. +In answer to Goodere, he said that there were in the cockpit the +steward's room, the purser's cabin, and the slop-room. The ship had been +moored on Thursday the 15th of January. When Sir John was murdered she +lay in the King Road; the witness then described the position of the +ship with greater detail. + +_Vernon_ interposed to state that the ship was in the King Road, which +was well known to be within the franchise of the city: the sheriffs of +the city continually executed writs there; and such a serious matter +ought not to be decided on a side wind. + +_Duncan Buchanan_, one of the crew of the _Ruby_, was ordered to go to +the White Hart on Tuesday the 13th of January, and there were Mahony and +the privateer's men drinking hot flip. He saw a gentleman come out of +Mr. Smith's; he was mounted, and had pistols before him; he was followed +by a servant, also armed. Some of the men ran out, and Goodere followed +them and ordered them to follow the gentleman. On the 18th, the barge +came alongside the ship, about seven in the evening, with the gentleman +in it. The witness stood in the gangway to receive him. + + When he came up, I heard him make a moan, and the captain said, + I have brought a madman on board, bring him along, I will bring + him to his senses by-and-by. I saw them take him along the + gangway. You must not mind what he says, said the captain; and + he was ordered down to the purser's cabin: I was ordered + centinel there. About twelve o'clock the captain sent for me to + come up to him, and I laid down my sword and went up, and + Mahony was there with him; and there was a bottle of rum and a + glass before them: the captain asked me to drink a dram, I + thanked him and drank. He asked me how his brother was? I told + him he groaned a little; says the captain, I know the reason of + that, he is wet, and I am coming down by-and-by to shift him + with dry stockings: so I left the captain and Mahony together. + Some time after the captain came down to me as I was at my post + at the purser's cabin; he asked if his brother made a noise; I + told him no; upon which the captain listened a little time at + the door, and then said, Give me the sword, and do you walk + upon deck, for I want to speak to my brother in private. Soon + after this Mahony went down, and very soon after Mahony was + down, I heard a great struggling in the cabin, and the + gentleman cry out Murder! I then thought the gentleman had been + in one of his mad fits; but now I suppose they were then + strangling him. As I was walking to-and-fro in the gun-room, I + looked down, and saw the captain take the candle out of the + lanthorn, which was hanging up there, and he gave the candle + into the cabin. + + THE RECORDER--Where was Mr. Goodere when you heard the cry of + murder? + + BUCHANAN--In the cock-pit by the purser's cabin-door, with the + sword in his hand. + + THE RECORDER--What time of the night was this? + + BUCHANAN--Between two and three o'clock; I lighted a candle at + the lanthorn in the gun-room, and was going down to the captain + with it, as supposing him to be without light; and as I was + going down with it, the captain held up his sword, waved it, + and said, Go back, and stay where you are. + + THE RECORDER--You said that sir John Dineley cried out Murder! + Was that before you offered the candle to the captain? + + BUCHANAN--Yes, Sir; it was before. + + THE RECORDER--How long? + + BUCHANAN--About a quarter of an hour. + + THE RECORDER--How long did the cry of murder continue? + + BUCHANAN--About three or four minutes; soon after the captain + had ordered me to keep back, he called for a candle, and I + carried one down, and he gave me the sword, and bid me stand + upon my post; and said he, if my brother makes any more noise, + let him alone and send for me; and he locked the purser's + cabin-door, and took the key away with him; and in the morning + the doctor's mate, the cooper, and I consulted together about + it; and I was willing to know, if sir John was dead or not: and + when we peeped into the cabin, we saw him lying in a very odd + sort of posture, with his hat over his face, and one of his + legs lay crooked; upon which we concluded he was dead. + + THE RECORDER--How long were you off your post from first to + last? + + BUCHANAN--I can't tell exactly. + + THE RECORDER--Recollect as well as you can. + + BUCHANAN--About three quarters of an hour. + + THE RECORDER--And could you see who was at the purser's + cabin-door all that time? + + BUCHANAN--Yes, Sir; I saw the captain stand at the foot of the + ladder at the door, with a drawn sword, from the time I went up + to the time I came down again; he locked the door, and carried + the key away with him. + + VERNON--Pray, were there any bolts on the purser's cabin-door? + + BUCHANAN--Yes, there were bolts on the door; they were put on + soon after sir John came on board: sir John was in that cabin + when they were put on. + + VERNON--You say you heard a noise and outcry of murder; how far + were you from the cabin-door when you heard that cry of murder? + + BUCHANAN--I was walking to-and-fro the gun-room. + + VERNON--How far is that from the purser's cabin-door? + + BUCHANAN--As far as I am from you. + + VERNON--Whom did you see go into the purser's cabin to sir + John? + + BUCHANAN--I saw Mahony go in there. + + VERNON--Did you see any other person go in besides Mahony? + + BUCHANAN--No, I did not; I saw Mahony go in just before the cry + of murder, but no other person. + + VERNON--Do you know any thing about securing the captain? + + BUCHANAN--Yes, I will tell you what happened then. We went and + secured him. As soon as he was laid hold of, he cried out, Hey! + hey! what have I done? We told him his brother was murdered, + and that he had some concern in it. He said, What if the + villains have murdered my brother, can I help it? I know + nothing of it. + + GOODERE--Did you see me in the cabin at all? + + BUCHANAN--No, Sir, I don't say you were in the cabin. + + THE RECORDER--Mr. Goodere, the witness does not say he saw you + in the cabin, but at the door, and with a sword in your hand, + and that you handed in a light after the cry of murder was + over. + + GOODERE--I could not have been in the cabin without Buchanan's + seeing me go in, because he stood at the bulkhead of the + gun-room. + + THE RECORDER--Mahony, will you ask this witness any questions? + + MAHONY--Are you certain that I was in the cabin when you heard + the groans? + + BUCHANAN--I am positive you were there in the purser's cabin + when I heard the murder cried out. + + +_Daniel Weller, sworn._ + + VERNON--I think you are the carpenter belonging to the _Ruby_ + man-of-war? + + WELLER--Yes, Sir, I am. + + VERNON--Give an account to Mr. Recorder and the jury of what + you know relating to this business. + + WELLER--The 18th of January last, about seven o'clock in the + evening, the captain came on board in the barge; as I attended + him, I observed he seemed in a pleasant humour, he came upon + the deck at once, and said he had brought a poor crazy man on + board, who had been the ruin of himself and family, and that he + had now brought him on board to take care of him: he took him + down to the cock-pit, and having been there a little while, one + of my people came and asked for some bolts; I asked, What for? + He told me it was to put on the outside of the purser's + cabin-door, to bolt the crazy gentleman in. I gave him a bolt; + after he had nailed it on, he came and wanted another: I had + another, gave it to him, and went down to see the bolts put on. + Sir John cried out, What are you doing, nailing the door up? I + answered, No. I ordered the door to be opened, to turn the + points of the nails. The door being opened, sir John asked + whether the carpenter was there? I told him I was the man. The + centinel told me no-body must go in there; however, I went in, + while they turned the points of the nails. Sir John bid me sit + down, and asked me, What does my brother mean by bringing me on + board in this manner, to murder me? No, Sir, says I, I hope + not, but to take care of you. He asked me, if his brother told + me that he was mad? I saw no more of him till next morning. + + VERNON--And what did you see then? + + WELLER--Next morning the lieutenant sent me down to see if sir + John was dead. I went down and asked the centinel for the key; + he told me the captain had been there in the night, and had + taken away the key in his pocket. I broke open the cabin-door, + and sir John was lying on one side dead, with his right leg + half up bent, his hat was over his face, with blood bespattered + about his mouth and nose. I went directly up, and told the + lieutenant of it. + + THE RECORDER--By whose orders did you put the bolts on the + door? + + WELLER--One of my people came to me for bolts, and told me he + was ordered by the captain to put the bolts on; and none of + them ever came for any thing to be done, without an order of an + officer. + + +_Edward Jones, sworn._ + + VERNON--Mr. Jones, I think you are the cooper of the ship + _Ruby_? + + JONES--Yes, Sir. + + VERNON--Were you on board upon Sunday the 18th of January last? + + JONES--Yes, Sir, I was. + + VERNON--In what cabin did you lie that night? + + JONES--I had no cabin, but I made bold to lie in the slop-room + that night, having my wife on board. + + VERNON--Pray what is that you call the slop-room? + + JONES--It is like a cabin. + + VERNON--How near is the slop-room to the purser's cabin? + + JONES--Nothing but a thin deal-partition parts it from the + purser's cabin. + + VERNON--Will you relate to Mr. Recorder and the jury what you + know about the murder of Mr. Goodere's brother; tell the whole + you know concerning it. + + JONES--About Wednesday or Thursday before this happened, the + captain said to me, Cooper, get this purser's cabin cleaned + out, for he said he expected a gentleman shortly to come on + board. I cleaned it out; and on Sunday evening the gentleman + came on board, when the people on deck cried, Cooper, shew a + light. I brought a light, saw the captain going down the + cock-pit ladder, the gentleman was hauled down: he complained + of a pain in his thigh by their hauling him on board. The + captain asked him, if he would have a dram? He said no; for he + had drank nothing but water for two years. The captain ordered + Mahony a dram; he drank it; he also ordered one Jack Lee to put + two bolts on the purser's cabin-door. The gentleman walked + to-and-fro the purser's cabin while they were nailing the bolts + on. He wanted to speak with one of the officers. The carpenter + told him he was the carpenter. Says the gentleman, Do you + understand what my brother Sam is going to do with me? And + said, His brother had brought him on board to murder him that + night. The carpenter said, He hoped not, but what was done was + for his good. The captain said, They must not mind what his + brother said, for he had been mad for a twelvemonth past. And + the captain went up again, and went into the doctor's room. I + went to bed about eight o'clock. Some time about eleven o'clock + at night I heard the gentleman knock, and said, He wanted to + ease himself; to which the centinel gave no manner of heed. Is + it not a shame, said he, to keep a gentleman in, after this + manner? At last, some other person spoke to the centinel, and + says, Why don't you go up and acquaint the captain of it, that + the gentleman may ease himself? Soon after Mahony comes down + with a bucket, for the gentleman to ease himself. Mahony sat + down in the cabin, and he and the gentleman had a great deal of + discourse together; the gentleman said he had been at the + East-Indies, and told what he had got for his merit; and Mahony + said, some by good friends. I heard the gentleman, after Mahony + was gone, pray to God to be his comforter under his affliction. + He said to himself, he knew that he was going to be murdered, + and prayed that it might come to light by one means or + another. I took no notice of it, because I thought him a crazy + man. I slept a little, and about two or three o'clock my wife + waked me. She said, Don't you hear the noise that is made by + the gentleman? I believe they are killing him. I then heard him + kick, and cry out, Here are twenty guineas, take it; don't + murder me; Must I die! must I die! O my life! and gave several + kecks with his throat, and then he was still. I got up in my + bed upon my knees: I saw a light glimmering in at the crack, + and saw that same man, Mahony, with a candle in his hand. The + gentleman was lying on one side. Charles White was there, and + he put out his hand to pull the gentleman upright. I heard + Mahony cry out, Damn ye, let us get his watch out; but White + said he could not get at it. I could not see his pockets. White + laid hold of him, went to tumbling him up to get out his money, + unbuttoned his breeches to get out his watch; I saw him lay + hold of the chain; White gave Mahony the watch, who put it in + his pocket; and White put his hand into one of the gentleman's + pockets, and cursed that there was nothing but silver: but he + put his hand in the other pocket, and there he found gold. + White was going to give Mahony the gold: damn ye, says Mahony, + keep it till by-and-by. + + THE RECORDER--In what posture did sir John lie at that time? + + JONES--He lay in a very uneasy manner, with one leg up; and + when they moved him, he still remained so, which gave me a + suspicion that he was dead. White put his hand in another + pocket, took out nothing but a piece of paper, was going to + read it. Damn ye, said Mahony, don't stand to read it. I saw a + person's hand on the throat of this gentleman, and heard the + person say, 'Tis done, and well done. + + THE RECORDER--Was that a third person's hand, or the hand of + Mahony or White? + + JONES--I cannot say whether it was a third person's hand or + not. I saw but two persons in the cabin, I did not see the + person, for it was done in a moment. I can't swear I saw any + more than two persons in the cabin. + + THE RECORDER--Did you take notice of the hand that was laid on + sir John's throat? + + JONES--I did. + + THE RECORDER--Did it appear to you like the hand of a common + sailor? + + JONES--No; it seemed whiter. + + VERNON--You have seen two hands held up at the bar. I would ask + you to which of them it was most like in colour? + + JONES--I have often seen Mahony's and White's hands, and I + thought the hand was whiter than either of theirs; and I think + it was neither of their hands by the colour of it. + + THE RECORDER--Was sir John on the floor, or on the bed? + + JONES--On the bed; but there was no sheets: it was a + flock-bed, and nobody had lain there a great while. + + VERNON--How long did the cries and noise which you heard + continue? + + JONES--Not a great while: he cried like a person going out of + the world, very low. At my hearing it, I would have got out in + the mean time, but my wife desired me not to go, for she was + afraid there was somebody at the door that would kill me. + + VERNON--What more do you know concerning this matter, or of + Mahony and White's being afterwards put on shore? + + JONES--I heard some talking that the yaul was to go to shore + about four of the clock in the morning, and some of us were + called up, and I importuned my wife to let me go out. I called, + and asked who is centinel? Duncan Buchanan answered, It is I. + Oh, says I, is it you? I then thought myself safe. I jumpt out + in my shirt, went to him; says I, There have been a devilish + noise to-night in the cabin, Duncan, do you know any thing of + the matter? They have certainly killed the gentleman, what + shall us do? I went to the cabin-door where the doctor's mate + lodged, asked him if he had heard any thing to-night? I heard a + great noise, said he. I believe, said I, they have killed that + gentleman. He said, he believed so too. I drawed aside the + scuttle that looked into the purser's cabin from the steward's + room, and cried, Sir, if you are alive, speak. He did not + speak. I took a long stick, and endeavoured to move him, but + found he was dead. I told the doctor's mate that I thought he + was the proper person to relate the matter to the officer, but + he did not care to do it then. If you will not, I will, said I. + I went up to the lieutenant and desired him to come out of his + cabin to me. What is the matter, said he? I told him I believed + there had been murder committed in the cock-pit, upon the + gentleman who was brought on board last night. Oh! don't say + so, says the lieutenant. In that interim, whilst we were + talking about it, Mr. Marsh the midshipman came, and said, that + there was an order to carry White and Mahony on shore. I then + swore they should not go on shore, for there was murder + committed. The lieutenant said, Pray be easy, it can't be so; I + don't believe the captain would do any such thing. That + gentleman there, Mr. Marsh, went to ask the captain if Mahony + and White must be put on shore? And Mr. Marsh returned again, + and said, that the captain said they should. I then said, it is + certainly true that the gentleman is murdered between them. I + did not see Mahony and White that morning, because they were + put on shore. I told the lieutenant, that if he would not take + care of the matter, I would write up to the Admiralty, and to + the mayor of Bristol. The lieutenant wanted the captain to + drink a glass of wine: the captain would not come out of his + cabin; then the lieutenant went in first; I followed him. I + told the captain that my chest had been broke open, and I + desired justice might be done. Then I seized him, and several + others came to my assistance. + + THE RECORDER--Mr. Goodere, do you ask Mr. Jones any questions? + + GOODERE--Do you know whether the midshipman was sent away on + the king's business, or else only to put those two men on + shore? + + JONES--I know not, you were the captain of the ship. + + THE RECORDER--Mahony, will you ask this witness any + questions? + + MAHONY--Did you see me lay hands on the gentleman? + + JONES--Yes, I did, as I have already related. + + +_Margaret Jones, sworn._ + + VERNON--Mrs. Jones, pray acquaint Mr. Recorder and the jury + what you know about the murder of sir John Dineley Goodere (the + gentleman ordered by Mr. Goodere into the purser's cabin). + + MRS. JONES--About seven o'clock in the evening, the 18th of + last January, the captain (having been on shore) came on board, + and came down into the cock-pit, and asked if the cabin was + clean? My husband answered, yes. On which the captain gave + orders to bring down the gentleman; and the captain said to the + doctor, Doctor, I have got an old mad fellow here, you must + doctor him up as well as you can. They brought the gentleman + into the cabin, the captain asked him how he did now? The + gentleman complained that he had a great pain in his thigh, he + was hurted by the men's hauling him as they had done. The + captain asked him if he would drink a dram of rum? He answered, + No; for he said he had drank nothing but water for two years + past. The captain gave a dram to several persons there; and he + gave orders for some sheets to be brought; and he said to + Mahony, As his clothes are wet, do you pull them off. And the + gentleman said to Mahony, Don't strip me, fellow, until I am + dead. The gentleman said, Brother Sam, what do you intend to do + with me? The captain told him that he brought him there to save + him from rotting in a gaol. About ten o'clock Mahony was left + there; the gentleman desired him to go; but Mahony said, I have + orders to abide here, to take care of you. The gentleman said + to Mahony, I can abide by myself. Before the captain went away, + he bid Mahony to see if his brother had any knife about him. + The gentleman gave up his knife to Mahony, desired him to take + care of it, for it was his son's knife. The gentleman asked + about the knife several times in the night. About twelve + o'clock I went to sleep; about two o'clock I wakened again: I + heard the gentleman talk to Mahony, but Mahony advised the + gentleman to go to sleep. He said, I cannot sleep. They talked + together a great while. Mahony said, I am to go on shore in the + morning, and if you have any letters to send to Bristol, I will + carry them for you. I heard somebody say to the gentleman, You + must lie still, and not speak a word for your life. Some + minutes after I heard a great struggling; who it was, I don't + know. The gentleman cried out, Murder; help for God's sake! and + made several kecks in his throat, as though somebody was + stifling him. I shook my husband, told him that somebody was + stifling the gentleman. I heard two people in the cabin + whispering; I don't know who they were. The gentleman cried out + murder again, Help for God's sake! He said, I have twenty + guineas in my pocket, here take it; must I die! Oh, my life! + And just about that time, before he was dead, somebody from the + outside offered to come into the cabin, but I heard one of the + persons on the inside say, Keep out, you negro; and then a + great noise was made; I thought the cabin would have been beat + down. Some few minutes after the gentleman had done struggling, + a candle was brought: I soon got up, and looked through the + crevice: I saw a man, who I believe to be White, take the + gentleman by the coat, and pulled him upright. I saw Mahony + with a candle in his hand; I observed the other to put his hand + in the gentleman's pocket. One of them said, Damn ye, pull out + his watch. Then I saw the person take hold of the watch-string + and pull it out, and he said to the other, Here 'tis, take it, + and put it into thy pocket. Then one of them put his hand in + another pocket, and took it out, said, Here's nothing but + silver; and then he searched another pocket, and said, Here it + is; and pulled out a green purse: soon after that, the door was + unbolted, I heard a person say, Where shall I run? who I + believe was Mahony; and the other, Charles White, said, Follow + me, boy. And they went to go upon deck through the hatch-hole, + which is an uncommon way; and that is all I know. + + THE RECORDER--Mr. Goodere and Mahony, do either of you ask this + witness any questions? + + GOODERE--No. + + MAHONY--No. + + +_James Dudgeon, sworn._ + + VERNON--Mr. Dudgeon, I think you are the surgeon's mate + belonging to the _Ruby_? + + DUDGEON--Yes, Sir. + + VERNON--Give Mr. Recorder and the jury an account what you know + relating to this matter. + + DUDGEON--I am very sorry that I should come on this occasion + against captain Goodere, because he ever behaved towards me in + a genteel manner. The week before this happened, I was told by + one of the officers, that the captain was going to bring his + brother on board; and on Sunday the 18th of January, about the + dusk of the evening, the barge came down to the ship. I was at + that time walking the quarter-deck; some of our people seeing + the barge a-coming they said, Our captain is coming on board + with his brother sure enough: but instead of coming up the + quarter-deck, the captain went down upon the main-deck, and I + still kept walking on the quarter-deck, expecting to see the + gentleman when he went into the great cabin, but I afterwards + found that he was ordered down to the cock-pit. Soon after, I + went down there myself; and the captain being there, said, + Doctor, I have brought a madman to you, I don't know what we + shall do with him, but we must make the best of him that we + can; and Mahony came down likewise. The captain sent his + steward for a bottle of rum, Mahony had a dram of it. The + captain asked sir John if he would have one? Sir John replied, + No; for, said he, I have not drank any thing of that nature for + two years past; he groaned several times. There was then one + Cole at the foot of the ladder, to whom also the captain gave a + dram; then there was a centinel put upon the cabin-door; but + Cole asked the captain if he might go in, and the captain said + he might. The old gentleman made a noise as the captain went up + the ladder; the captain told him, We have now brought you on + board, and will take care you shall want for nothing. After the + captain was gone, Cole wanted to go in, but the centinel would + not let him; telling him that his orders were to let none in + but Mahony: however, Cole went up and got leave of the captain + to go in, and he did go in. Soon after this the captain came + down again to the cock-pit, and came into my place, and sat + down; and after talking of things promiscuously, he said, he + believed it would be proper for me to go and feel his brother's + pulse; or else, Doctor, he said, do you chuse to leave it alone + till to-morrow morning? I made answer, that to-morrow morning + might be the best time; because the gentleman may be much + confused by being brought down on the water. Come, said he, let + us go in now; for I believe it will be as well. If you please, + Sir, said I, I will; so the centinel opened the door, and we + both went in. Immediately after, the captain went out again, + and forthwith the door was shut upon me: which very much + surprised me, to think that the captain should leave me with a + madman, and I observed the captain to peep through; I then + asked the gentleman what he mostly complained of? and felt his + pulse. He then made some groans, and told me, that he had got a + great cold last week at Bath, and that he felt a severe pain in + his head. I was going to ask him some more questions, but the + captain called me, and said, Don't ask him any more questions, + but only feel his pulse. Then the centinel opened the door, and + I came out, and the captain and I went into my place again. + Well, doctor, said he, how do you find his pulse? Why, Sir, + said I, his pulses are very regular. Why, said he, I believe he + was pretty much hurried upon the water. Then the captain went + up the ladder, and a little while after he came down again; + there were two midshipmen with me in my place, and when the + captain came in, they went to go out, but he desired one of + them to stay, for he had something to say to him, because he + was to go up for letters in the morning; so we sat down, and + talked of various things; but I informed the captain that the + old gentleman have had hard lodging to-night. Why, said he, I + would put another bed in there, and have given him clean + sheets, but he would not hear anything of this kind. Then said + he to me, Doctor, I believe it will not be amiss to take an + inventory of everything he has about him, for fear it should be + reported that he is robbed. I replied, Sir, it may not be + amiss. By-and-by, Cole came tumbling down the ladder, the + midshipman opened the curtain to see who it was; Captain, said + he, that is Cole, and I then told that Cole had been drunk a + great part of that day. Soon after that the captain opens the + curtain, and sees Mahony stand by the centry. Mahony, said he, + I thought you had been about the thing which I sent you to do; + which I take to be getting the money out of the gentleman's + pocket. No, Sir, said he, I chuse to do it after he is asleep. + Very well, said the captain. Then the captain spoke to the + midshipman, and said, Mr. Marsh, You are to go up for letters + to-morrow, and if anyone takes notice of what was done to-day, + you may tell the people that it is my brother, and he is very + much disordered in his brains, and I have got him on board in + hopes of getting relief for him. Sometimes, Doctor, says he, he + can talk as well as you or I; but at other times, he is very + much out of order. About eight o'clock I was for going to bed, + but did not till an hour and a half after; and about that time + sir John was making a great noise, and asking who is without + the door, what must I do my affairs in the cabin? What a shame + is it? Will not you let me have anything to do it in? but + nobody made any reply. Upon which I said to the centinel, why + don't you answer the gentleman? Are not you ashamed of it? Upon + which, I suppose, one went up to the captain and he came down, + and said, he was sorry that the gentleman should make such a + disturbance; but he hoped, that the first night would be the + worst: upon which the captain went up, and Mahony went in; and + I heard the gentleman and him talking together, and he asked + Mahony, what his brother was going to do with him? What, says + he, does he say I am mad? Formerly I used to be so, but now I + have not tasted any thing stronger than water these two years. + But, said he, to be sure these fellows are not sailors who + attacked me this day; they are not sailors, for, if so, they + are sadly degenerated from what sailors were formerly, for I + myself have been at sea, and might have been a commander. About + half an hour after ten, I fell asleep, but was very uneasy. + About twelve the centinel was sent for to go up to the captain, + but soon came down again; and about half an hour after two I + awaked, hearing some stir in the cock-pit; and I heard Mahony's + voice in the cabin, saying, Lie still and sleep, Sir. In a + short time after that I heard a struggle, and sir John cried + out, Here is 20 guineas for you, take it; must I die? And it + seemed to me, by his speaking, that they were stifling his + mouth. Upon which the person who stood centry upon the cabin + turned the key, whereupon Mahony cried out in a terrible + pucker, Damn ye, keep the door fast. Upon which I spake, and + said, What is the matter? what a noise is that? And the person + who stood centinel made answer, Nothing at all, nothing at all; + so I lay still a while, and all was pretty quiet. A little time + after that, Mahony called for a light, and the cabin-door was + opened, and a light handed in; the cock-pit was then in + darkness, so all was quiet again for some time. Soon after that + the cabin-door was opened again, and I heard as if two or three + people were coming out of the cabin, and heard Mahony say, + which way shall I go? And somebody made answer, you may go + through the hatch-hole. He repeated the question, which way + shall I go? and the other answered, by the ship-side. I then + thought somebody had been murdering sir John sure enough, and + they are carrying off his body that way; at the same time a + person stept up the cock-pit ladder, and I heard the captain's + voice, and he said, Centry, if he makes any more noise, let me + know it; but I thought within myself, that he was past that. + After this was past, all was pretty quiet, and the centinel + kept walking without my room: I was cautious of speaking to + him, not knowing who he was; but soon after, one of the + captain's servants came down to the store-room for liquor, and + he asked the centry whether he had made any noise lately? To + which he replied, You may tell the captain that the gentleman + hath been at the lock. About half an hour after, the person who + was upon the watch came to me, and asked, if I had any commands + on shore, for the boat was going up? I told him, No; but + perceiving by his voice who it was, I called him to come to me + in the dark, and I whispered, and said to him, Mr. Heathorne, + here hath been a hellish cabal to-night, I believe they have + murdered the gentleman; doth Mahony go on shore? He answered, + that he did; then, said I, the thing is done. I then asked who + was the centry without my door? and he told me; whereupon I + called the centry to me, and asked him, what noise and cabal is + this that hath been here to-night? He said, He did not know; + but the captain, said he, hath been down several times + to-night, and that he had taken the sword from him. Just after + this, in came Edward Jones, the cooper, and his wife shaking + and trembling; and said, White and Mahony had murdered the + gentleman sure enough. I told them, I did believe they were + both going on shore; and I would, said I, have you tell the + lieutenant what you saw of the matter, and let him know that I + am of the same opinion with you: but do you first go into the + steward's room, and draw the scuttle, and then you'll see + whether he is dead, or no. Upon which they went and drawed the + scuttle, and a cat fled in their face, and they found the + gentleman lay in the same posture as White and Mahony left + him. I then bid them go and tell the lieutenant the matter, + that those fellows might be prevented from going ashore; but + yet, said I, we can't stop them neither, seeing they have the + captain's orders. Then went Jones up forthwith, and I believe, + told the lieutenant; and I also stept up to him just after, and + told him, that I believed sir John was actually murdered; for, + said I, there have been a terrible noise in the cock-pit + to-night, and the captain himself was there this morning when + 'twas almost three o'clock, and the men that were with him are + going on shore. The lieutenant answered, that he could not stop + these men from going ashore, because the captain hath given + them leave; so, said he, we must let it alone till morning, to + see whether the gentleman is dead, or no. About eight o'clock + in the morning I went to him again; but he told me it was best + to defer it till we did see whether the captain sends down to + him, or not. It is, said he, no way proper for us to think of + seizing the captain, till we see that the gentleman is actually + dead, and have reason to think he is murdered. When the + captain's breakfast was ready, he sent for the lieutenant and + me to come and breakfast with him: accordingly we did; and soon + after there was a shore-boat came towards us, and then Mr. + Chamberlayn came on board, and went to the lieutenant's cabin; + and the lieutenant told that gentleman, that they were then + going to seize the captain, for it was believed that he had + been accessary to the murder of his brother. Immediately a + message was brought by one of the men, that sir John was dead: + upon which the captain was forthwith seized by eight or ten + men. + + VERNON--How far was your cabin from the purser's? + + DUDGEON--I can't say certainly, but believe about three yards. + + VERNON--Did you view the body of the deceased whilst he lay + dead in the purser's cabin? + + DUDGEON--I did. + + VERNON--And did you find any visible marks of violence upon + him? + + DUDGEON--Sir, I saw no rope, but he had a neck-cloth about his + neck, and there were some marks in his neck, which looked like + the scratching of nails; and I believe that he was strangled, + the blood came out of his nose and mouth. + +_William Macguinis_ was in his hammock when Sir John was brought aboard, +but was called up at twelve o'clock to stand sentinel in the gun-room. + + I had not been long on my post before I saw the captain come + down; and soon after I saw Mahony, that man there (pointing at + the prisoner Mahony), also come down. I stopt him, and asked + him where he was going? Damn your blood, you son of a bitch, + what is that to you? How busy you make yourself. And when he + came to the bottom of the cock-pit ladder I heard him say to + another man, Come here, this is the way. But who it was he + spake to, I know not. This was a little after two o'clock. The + captain espied me, he made towards me, and waved his naked + cutlass, and said, Stand back! stand back! + +The captain was down in the cockpit then. Buchanan had been sentinel in +the cockpit, but had been released by the captain. The witness saw +Mahony go into the purser's cabin, and afterwards saw the captain and +Mahony come up again from the cockpit; it was then about three o'clock. + +_Walker_ found a watch in the necessary house in the Brockware Boat, a +public-house on the Back, kept by Culliford. He searched for it by the +order of the justices; when he found it, the watch was in one place, and +the case in another, about a yard off. + +_Sarah Culliford_, of the Brockware Boat, received the watch from +Mahony. She had it in her possession about two hours before and two +hours after he was taken up. + + This young man (meaning the prisoner Mahony) was drinking in my + house, he pulled out the watch, delivered it to me, and desired + me to keep it for him until he did call for it; some time after + I had business to go out, I went into town, and had the watch + in my pocket; when I came back, my children told me that the + constable had been there to search the house for it, which much + surprised me; I went and threw the watch into the necessary + house for fear I should come into trouble. + + JOHN FUSSELL--I had this handkerchief from Mahony on the 19th + of January last, the night when we took him, I found it on his + neck; when he was seized he took it off; I took it out of his + hand, it was bloody then as it is now, I put it into my pocket. + +_John Mitchel_, the chief clerk to the Town Clerk, produced the +examination of Matthew Mahony, taken before the Mayor, voluntarily +signed by Mahony in the Mayor's presence, and signed by the Mayor. + + +_Clerk reads the Examination in these words:_ + + City and county of Bristol, to wit. The voluntary Examination + and Confession of Matthew Mahony, a native of Ireland, aged + about 21 years. This Examinant confesseth and saith, That about + sixteen or seventeen days ago, and several times since, he was + desired by Mr. Goodere, captain of the _Ruby_ man-of-war, now + lying at King-road, in the county of the city of Bristol, to + seize his, the captain's, brother, sir John Dineley Goodere, + bart., and bring him on board the said man-of-war; and that on + Tuesday last, this examinant, and the crew belonging to the + man-of-war's barge, and Edward Mac-Daniel, John Mac-Graree, and + William Hammon, privateer's men, were placed by the said + captain at the White-Hart alehouse, opposite St. Augustine's + Church, in order to seize sir John Dineley Goodere that day; + but it so happened that the captain forbid them to do it then. + And that on Sunday last, this examinant, the said barge's crew, + or the greatest part of them, and George Best, cock-stern of + the barge, the said Edward Mac-Daniel, John Mac-Graree, William + Hammon, and one Charles Bryer, privateer's men as aforesaid, + were again placed at the White-Hart aforesaid, to seize the + said sir John Dineley Goodere, and waited there for some time; + and he coming out of Mr. Jarrit Smith's house, and coming under + St. Augustine's church-yard wall, this examinant and his + comrades pursued him, and near the pump there they came up with + him, and told him there was a gentleman wanted to speak with + him; and he, asking where the gentleman was, was answered, a + little way off, and he went quietly a little way; but no one + appearing, he resisted and refused to go; whereupon this + examinant and comrades sometimes forcibly hauled and pushed, + and at other times carried him over St. Augustine's butts, + captain Day's rope-walk, and along the road to the hot-well + (captain Goodere being sometimes a little behind, and sometimes + amongst the crowd all the way), till they came to the slip + where the barge lay. But sir John was very unwilling to go, + made the utmost resistance, and cried out murder a great many + times; and when he was put into the barge, called out and + desired somebody would go to Mr. Jarrit Smith, and tell him of + his ill-usage, and that his name was sir John Dineley; + whereupon the captain clapt his hand on sir John's mouth to + stop him speaking, and told him not to make such a noise, he + had got him out of the lion's mouth (meaning the lawyer's + hands), and would take care he should not spend his estate; and + bid the barge men row away, which they did; and in their + passage to the man-of-war, the two brothers bickered all the + way. But when they came to the man-of-war, sir John went on + board as well as he could, and the captain took him down into + the purser's cabin, and stayed a little time with him, and + treated him with a dram of rum, and then left him for a + considerable time; and in the interim sent for this examinant + into his, the captain's cabin, and there told this examinant he + must murder his brother, for that he was mad, and should not + live till four o'clock in the morning; and this examinant + reasoning with him, and telling him he would not be concerned + and that he thought he had brought him there with intent only + to bring him to reason, and take care that he should not spend + his estate in law, and to have a perfect reconciliation: but + the captain still insisting, that this examinant had taken him, + he should do it; and this examinant then saying, he was not + able to do it of himself, the captain replied, if this + examinant could get nobody else, he and this examinant must do + it themselves. And then ordered him to call one Elisha Cole; + and he being too drunk to undertake such an affair, bid this + examinant call one Charles White, a very stout lusty fellow, + and the captain gave him a dram, and bid him sit down, and soon + gave other drams, and asked him if he could fight, and told + him, Here is a madman, he must be murdered and thou shalt have + a handsome reward. And this examinant, the said Charles White, + and the captain, all being agreed to murder the said sir John + Dineley Goodere, the captain then proposed the method, and + produced a piece of half-inch rope about nine foot long, and + Charles White having made a noose in the rope, the captain + said, applying himself to this examinant and the said Charles + White, You must strangle him with this rope, and at the same + time gave the handkerchief now produced, that in case he made a + noise, to stop his mouth; and said, I will stand sentinel over + the door whilst you do it; and accordingly instantly went out + of his own cabin, and turned the centinel from the purser's + cabin-door, and let this examinant and White into the purser's + cabin, where sir John Dineley Goodere was lying in his clothes + on a bed. The captain having pulled to the door, and standing + centinel himself, the said White first strangled sir John with + his hands, and then put the rope about sir John's neck and + hauled it tight, and sir John struggled, and endeavoured to cry + out, but could not. And this examinant confesses, that whilst + White was strangling sir John, this examinant took care to keep + him on the bed, and when one end of the rope was loose, this + examinant drew and held it tight; and thus each bore a part + till sir John was dead; and they having rifled the deceased of + his watch and money, knocked at the door to be let out; and the + captain called out, Have you done? they replied, Yes. He opened + the door, and asked again, Is he dead? And being answered in + the affirmative, and having a light, swore, by God, he would be + sure he was dead; and then went in himself, and returning, + locked the door, and put the key in his pocket, and they all + went together to the captain's cabin again, and there this + examinant gave the captain sir John's watch, and the captain + gave this examinant his own watch in lieu of it; and then the + captain gave them both some money, and White afterwards gave + this examinant eight guineas as part of the money he took out + of the deceased's pocket, and then the captain ordered them to + be put on shore in his own boat. And further this examinant + confesses and saith, That before and after the murder was + committed, the captain, Charles White, and this examinant + consulted what to do with the corpse; and the captain proposed + to keep it two or three days in the ship, and, as he expected + to go to sea, would sew it up in a hammock, or something else, + and there throw it over-board. And that before this examinant + and his comrades were sent to seize sir John, as is before set + forth, they were ordered by captain Goodere, that, if they met + with any resistance, they should repel force by force, and were + prepared with short heavy sticks or bludgeons for that + purpose. + + MATTHEW MAHONY. + +The Recorder cautioned the jury that this statement was evidence against +Mahony only, and was not to be taken as evidence against Goodere. + +_Vernon_ said that this concluded his evidence as to the facts; but that +as Goodere had made a point as to the position of the ship, he would +call evidence to show that the King Road had always been taken to lie +within the city and county of Bristol; and that the sheriff's officers +of Bristol had always used to execute both city and county process in +the King Road. + +_John Wint_ and _Lowden_ were called, and proved that they had served +process out of the Mayor's and the Piepowder Court, and process issued +out of the King's Bench, and the Common Pleas, and the Admiralty Court, +in the King Road. + +_Goodere_ being called on for his defence, said that he would call +witnesses to prove that sir John was a lunatic, and that he was doing +his best to take care of him. + +_Mrs. Gethins_ said that Goodere had asked her for a garret to keep his +brother in, for he was a madman; he made no secret of it. She had heard +nothing about Mahony having five pounds a month to take care of him. She +had heard Goodere talk with his own doctor about his brother. + + +_Mr. Marsh, sworn._ + + GOODERE--Did you go ashore in the morning about the king's + business, or what business did you go about? + + MARSH--I had an order about eight o'clock the night sir John + was brought on board, to go up in the morning to Bristol for + the letters from the Admiralty, and about four of the clock in + the morning I was called up to go: but the lieutenant seemed + much disordered, and bid me come to him before I set out. I + waited on the lieutenant, and told him, that White and Mahony + said they had liberty to go on shore, that the captain had + given them liberty to go; the lieutenant said, he knew nothing + of it. But as it is always my way, before I carry anybody off, + I said, I would go to the captain and ask leave. I went to the + captain, and asked him, if White and Mahony had liberty from + him to go on shore? And he said, Yes, let them go. + + GOODERE--Mr. Marsh, did you go upon the king's business, or on + purpose to take up these men? + + MARSH--I went about the king's business. + + VERNON--But it was after sir John was brought on board, that + Mr. Goodere ordered you to go up? + + MARSH--Yes, Sir, it was. + + VERNON--Did anybody else go up with you, besides Mahony and + White? + + MARSH--No, there did not. + + VERNON--Did Mr. Goodere give you orders to put them on shore in + any particular place? + + MARSH--I will do justice between man and man: the captain did + not give me orders to put them on shore in any particular + place. + + VERNON--Were they landed publicly or privately? + + MARSH--I put them on shore at the Gibb, about six of the clock + in the morning. + + GOODERE--Now, may it please you, sir, I shall show that Mahony + had business at Bristol that day by appointment, to receive + some wages that was due to him; for which purpose I shall call + Mr. Dagg. + +_Abel Dagg_, the keeper of Newgate, had had one Mervin in his house as a +prisoner for debt. Mahony had a claim against him for wages due to him +before he was pressed, and Mervin wished to settle the matter with him. +Accordingly Dagg had seen Goodere on the Tuesday or Wednesday before +this matter, and he said that he would meet Dagg to accommodate the +difference on the Monday following. The captain made the appointment to +meet him on the Monday, but he told Taylor, an attorney, that Mahony +would come on shore on Monday. He did not know that White had any +business on shore on Monday. + + +_Bridget King_ was sworn. + + GOODERE--Mrs. King, will you give the Court an account of what + you know of the lunacy of my brother sir John Dineley? + + MRS. KING--Please you, my lord, I think he was mad; for he + would get up at two or three of the clock in the morning, and + call his servants up, and fall a-singing; and then he would go + to bed again, and swear it was but twelve o'clock at night, and + lie a-bed all day. He would send his boy out all over his + grounds to pick up stones, and have the wheel-barrow rattling + about the streets on a Sunday: he hath ringed the bell to call + his servants up to his bedside, and when they were come up, he + would ask them what they did there, and swear they were come to + shoot him? He himself hath gone over all his grounds on a + Sunday to pick sticks, and hath sent his servants to market + when there was none; and he would be busy in every thing, and + hang on the pot himself; and he hath been quite raving mad. + + VERNON--Did you live as a servant to sir John? + + MRS. KING--I lived as a servant with him in London, and he came + down for the air to Tockington; he brought me down to go to + Bath. + + VERNON--How long did you continue with him? + + MRS. KING--A twelve-month, sir. + + VERNON--And how durst you venture to live so long with a + madman? He did not go mad for love of you, I hope? Have you + lived any time in Bristol? + + MRS. KING--No. + + VERNON--Then I suppose you came but now from London? + + MRS. KING--Yes, I did. + + GOODERE--Do you believe he was a madman? + + MRS. KING--In the actions that I have seen by him, I have + reason to think he was a madman. + + +_Mrs. Mary Stafford, sworn._ + + GOODERE--Mrs. Stafford, will you tell his lordship and the jury + what you know of sir John's being a lunatic? + + MRS. STAFFORD--Sir John hired me for a housekeeper in London, + and told me he had a great many servants, and he wanted a + housekeeper. When he brought me down, he ordered me to his + seat at Tockington; where, he said, he had a great deal of + company frequently. When I came there, I found there was + nothing in what he had told me; for, instead of a great many + servants, he had but one: a poor old shattered house, ready to + tumble down about one's ears, and the household goods all to + pieces: he was a madman, for if I had followed his directions + in any thing I should have done mischief. He hath sent me and + the rest of his servants to Thornbury market, when there was + none; he hath ringed the bell to call his servants to come to + his bedside to him, and when we have come up to him, he hath + asked us, what we did there? Sir, said I, you called me up; he + hath said he did not: and after we had been there a quarter of + an hour, he would take a knife, fork, glass-bottle, or anything + that came in his way, to throw at us, asking of us, What did we + come to rob him? And I was afraid of my life, to live with him. + I do believe he was a madman, or else he would never have acted + as he did; he would go into the kitchen, and take the pot, and + hang it on the fire. I style him a madman by his actions. + + VERNON--And must he therefore be hanged himself like a mad dog, + think you? + + MRS. STAFFORD--I know nothing of that, Sir. + + VERNON--How long did you live with sir John? + + MRS. STAFFORD--Three months, Sir. + + GOODERE--Call Mr. Robert Cock. + + THE RECORDER--What do you call him to prove? + + GOODERE--My lord, in order to prove sir John Dineley a lunatic. + Mr. Cock, will you give an account to my lord and the jury what + you know of the lunacy of sir John Dineley? + + +_Robert Cock, sworn._ + + COCK--My lord, I have known Mr. Dineley at Charlton for some + years; I have been several times in his company; I have seen + him do several acts of lunacy, as a madman. + + VERNON--Where do you live? + + COCK--I live in Cumberland, when I am at home. + + VERNON--Are you of any business? + + COCK--I am an officer belonging to his majesty. + + VERNON--What kind of officer? + + COCK--A salt officer. + + GOODERE--I will not give your lordship and the jury much more + trouble. I am entirely innocent; they have not proved that I + was present at the death of sir John Dineley. + + THE RECORDER--Don't deceive yourself; though they have not + proved you was actually in the cabin, when sir John was + murdered, yet they have given evidence of that, which (if the + jury give credit to) will amount to presence in the eye of the + law. + + GOODERE--I shall now call some witnesses to my character, and + likewise to shew how improbable it is that I should be guilty + of the murder of my brother. + + Call Mr. Pritchard. + +_Mr. Pritchard_ had known Goodere many years; he always bore the +character of a good husband, a good neighbour, and a kind friend. + +_The Rev. Mr. Watkins_, three months or half a year before Sir John's +death, had told Goodere that Sir John had told him that he had made his +will and cut his brother off from everything, and had given his estate +to the Footes. The witness had found Sir John a good neighbour, and a +kind friend; he was a man of strong passions, and if any one affronted +him, he would let the party know that he did resent it. His tenants, and +those the witness had conversed with, said that he was one of the best +of landlords. + + VERNON--I don't ask you, Sir, concerning his moral character; + but whether he was in his senses or not? + + WATKINS--In his senses! I saw him last Christmas, he was making + up his accounts with several of his tenants; he was then in + very good understanding. I take him to have been a man that + always had his senses in a regular exercise. + + VERNON--What have you heard the prisoner Mr. Goodere say in + relation to Sir John's making his will? + + WATKINS--I believe he told me that sir John had not the power + to make a will; I told him it was my opinion, if they would be + reconciled together, sir John's will would not stand. + +_Mr. Thomas_ and _Mr. Ashfield_ and the _Rev. Mr. Rogers_ spoke in +general terms to Goodere's good character. + +_George Forcevil_ had known him for fourteen or fifteen years; he had a +very good character in the neighbourhood; he constantly attended his +church twice a day Sundays, and would be there at prayers almost every +day. He thought him to be a good man. + +_Goodere_ said he would not trouble the Court with any more evidence as +to his character; he was deprived of some evidence by reason of his +sickness in gaol, which prevented his friends from coming to advise him +about his defence; also there were witnesses on board the ship who might +have been of great service to him, but the ship had sailed before he got +an order from the Admiralty ordering them to stay on shore. + +_Frederick_ drew the Recorder's attention to the fact that there had +been several aspersions in the newspapers to the prejudice of Goodere, +and that a pamphlet had been published in Bristol called _The Bristol +Fratricide_; but he hoped that the jury would not be influenced by such +matters against the prisoner. + +The jury declared that they had never seen any such pamphlet or +newspapers. + + VERNON--Mr. Recorder, we must beg leave to ask Mr. Jarrit + Smith's opinion, as to Sir John's being a lunatic or not? + + SMITH--I am surprised to hear it said by some of Mr. Goodere's + witnesses that sir John Dineley Goodere was mad. I knew him + fourteen or fifteen years, and conversed with him both in + person and by letter; but never discovered that he was in the + least disordered in his senses, I always took him to be a man + of sound understanding. On the Sunday before his death, he + expressed himself with a great deal of good nature and + affection at the sight of his brother. + +_Shepard_ proposed to call evidence to show that the place where the +ship lay was not in the city and county of Bristol. + +_The Recorder_ said that the evidence that had been given as to the +service of writs, proved that the King's Road was within the +jurisdiction, and it was admitted that the ship lay within the Road. If, +however, the prisoner could show that any part of the Road was, or ever +had been esteemed to be, within any other county than the county of the +city of Bristol, he would hear him. He then asked Mahony if he had +anything to say. + + MAHONY--I hope your Lordship will consider that I was a poor, + pressed servant, and that I was drunk when I made the + confession, and I was frightened out of my wits. + + MR. RECORDER--You say you were drunk when you made the + confession; it is possible, that night when you were taken and + brought before the magistrates you were in liquor, but it seems + your confession was not taken until the next day. + +_Vernon_ then replied on the whole case; confining himself to pointing +out that if Goodere was abetting Mahony in killing Sir John, it made no +difference that he was not in the cabin at the time that he was killed. + +_Shepard_ replied, trying to distinguish Goodere's case from those which +had been cited by Vernon, and suggesting that Goodere only brought his +brother on board the ship in order that he might take proper care of +him; but the Recorder stopped him, pointing out that he was going off +from the point of law to matter of fact. He said that he should tell the +jury that if they believed that Goodere stood at the cabin door to +prevent any persons coming who might prevent the murder, or to encourage +those within in the business they were about, they must find him guilty +on the indictment. He then recapitulated the facts in some detail, but +did not add any comment. He concluded by laying down the law as to +whether Goodere was an accessory to what was done, in the sense already +indicated, and told the jury that, in such a case as the present, they +would be well-advised not to attach much weight to the evidence given as +to Goodere's character. + +The jury thereupon retired, and after a short space returned, and found +both the prisoners Guilty. + +The next day Charles White was tried on a separate indictment for the +same murder. He pleaded Not Guilty, but was convicted, chiefly on the +evidence of Jones the cooper and his wife, and his own confession. + +On the next day all three prisoners were brought up, and having nothing +to say for themselves were all sentenced to death. + +They were all hung at Bristol on the 15th of April, having confessed the +fact. 'The body of Mahony is hung in chains near the place where the +horrid fact was committed.' + +FOOTNOTES: + +[51] Samuel Goodere (1687-1741) entered the navy in 1705, served through +the War of Spanish Succession, but in 1719 was found guilty by a +court-martial of having been very much wanting in the performance of his +duty in the attack on St. Sebastian in the same year. He was temporarily +appointed to another ship for rank in 1733. He was then living with his +father, who had quarrelled with John; and apparently John had quarrelled +with his wife, who was supported against him by Samuel. The father's +will disappointed both sons, and John, having cut off the entail of his +estate during his son's life, after his death announced his intention of +leaving it to one of the Footes, a cousin of the actor, which probably +led to his murder. Samuel left two sons; it seems doubtful whether they +succeeded to the baronetcy. The elder died insane. The younger became a +poor knight at Windsor, and dropped the name of Goodere. He made himself +conspicuous by the oddity of his behaviour. He believed that a small sum +of money expended in law-proceedings would realise a fortune, and that +that money would be obtained through a wife. He therefore frequented +crowded places, and on seeing any woman or girl he did not know would +present her respectfully with a printed proposal of marriage. He died in +1809. + +[52] Sir Michael Foster (1681-1763) entered Exeter College 1705, was +called to the Bar in 1713, and practised locally at his native town of +Marlborough. He became Recorder of Bristol in 1735, and a puisne judge +of the King's Bench in 1745. He enjoyed a great reputation as a master +of Crown Law, and was the author of the well-known _Discourses_ on that +subject. + +[53] After mentioning certain obsolete rules relating to indictments, +Sir James Stephen says:--'I do not think that anything has tended more +strongly to bring the law into discredit than the importance attached to +such technicalities as these. As far as they went, their tendency was to +make the administration of justice a solemn farce. Such scandals do not +seem, however, to have been unpopular. Indeed, I have some doubt whether +they were not popular, as they did mitigate, though in an irrational, +capricious manner, the excessive severity of the old criminal law' +(_Hist. Crim. Law_, vol. i. p. 284). + +[54] It is curious that Shepard did not take the point that the prisoner +was not described as a baronet, which he in fact became on his brother's +murder. Till recently such an objection would have been fatal. + + + + +INDEX + + + Albemarle, Duke of, takes information in Lord Russell's case, ii. 36. + + Albert, Archduke, sends embassy to James I., i. 3; + Cobham's connection with, 24. + + Aldridge, George, witness against Cowper, how he left the town, ii. + 170, 171. + + Aleyn, Sir Thomas, witness against Col. Turner, i. 170-180, 186, 191, + 192, 201. + + Amy, Henry, wounds of French and Lord Warwick; arrival at the Bagnio of + other duellists; condition of their swords, ii. 101. + + Anderson, Lord Chief-Justice, i. 10. + + Andrews, Doctor, i. 22. + + Anglesey, Lord, gives evidence in favour of Lord Russell, ii. 38, 39. + + Applegate, chairman, witness against Lord Warwick, ii. 92-95; + carried Lord Mohun to Leicester Fields, 92; + carried French to the Bagnio, 93; + Mohun tried to stop quarrel, 95. + + Arabella. _See_ Stewart, Lady Arabella. + + Aremberg, Duke of, ambassador of Henry IV., i. 3; + overtures to, 3, 12, 19, 29, 35, 55; + Raleigh's account of, 25, 47, 49, 57. + + Argyle, Duke of, and Lord Russell's Plot, ii. 27. + + Armstrong, Sir Thomas, and Lord Russell, ii. 8, 11, 13, 47; + and the Rye House Plot, 25. + + Arundel, Lord, at Raleigh's execution, i. 69, 71. + + Atterbury, a witness in Lord Russell's trial, ii. 32. + + Axtel, Daniel, regicide, i. 129, 150; + statement by, as to Hulet, 162. + + + Babington, Dr., witness against Cowper, ii. 165. + + Barefoot, Mrs., witness for Cowper, ii. 214. + + Barter, witness against Lady Lisle, i. 249, 250; + re-examined as to Dunne's statements, 256. + + Beavor, witness against Peters, i. 152, 154. + + Berry, James, found Sarah Stout drowned, ii. 151, 153. + + Blisset, Col., witness for Lord Warwick, ii. 115-117; + Warwick gives Coote 100 guineas, 115; + friendship between them, 116. + + Blunt, Charles, Earl of Devon, i. 9. + + Bocking, Jane, bewitched, i. 214, 225. + + Bowd, witness for Cowper, as to Sarah Stout's melancholy, ii. 239, 240. + + Bownes, John, regicide, i. 129. + + Bradshaw, John. _See_ Charles I., i. 75-119, 76; + discusses authority of Court, 80-87; + asks the King to plead, 91, 92; + declares sentence settled, King to be heard, 96, 97; + final speech by, 103-117. + + Brandon, George, the executioner of Charles I., i. 163, 165, 166. + + Bridgman, Sir Orlando. _See_ Harrison, Peters, and Hulet, i. 125, 129; + tries Col. Turner, 169. + + Brook, George, i. 4-8, 11; + and the 'Bye,' 16, 30; + Cecil's examination of, 28; + pension to, 35, 36; + and Copley, 39; + examination of, 40; + book given to, 40, 41; + and Arabella Stewart, 47. + + Browne, Sir Thomas, witness against the Suffolk witches, i. 227. + + Browne, Thomas, chairman, witness against Lord Warwick, ii. 82-87; + carried Coote to Leicester Fields, 83; + tried to carry Coote to the surgeon, 84; + cross-examined, 81, 87. + + Buchanan, David, witness against Goodere, ii. 268-272; + Goodere and Mahony at Sir John's cabin, 270, 271. + + Burnet, Dr., gives evidence in favour of Lord Russell, ii. 40-44; + accompanies him to the scaffold, 54. + + + Campbell, Sir ----, and Lord Russell's plot, ii. 28. + + Campian, Edmund, Jesuit, i. 47. + + Capel, Lord, execution of, i. 164. + + Carew, advises Raleigh to escape, i. 70. + + ---- John, regicide, i. 129. + + Carpenter, Dunne's evidence as to, ii. 68, 81; + witness against Lady Lisle, 77. + + Castlewood, Lord, duel with Lord Mohun, ii. 130-135. + + Cavendish, Lord, gives evidence in favour of Lord Russell, ii. 42. + + Cawthorne, witness against Lord Warwick, ii. 68-82; + French and Coote start from Locket's and return, 70, 71; + quarrel at Locket's, 71; + party leave Locket's, 71, 72; + cross-examination, 72-82; + heard no quarrel between Warwick and Coote, 73; + quarrel at Locket's, 75-82. + + Chamberlain, Sir T., witness against Turner, i. 189, 190, 201. + + Chandler, Susan, bewitched, i. 214; + state of, at the Assizes, 214; + evidence as to, 226; + recovers on verdict, 234. + + Charles, Prince of Wales, i. 61. + + Charles I., trial of, i. 75-119: + assembling of the High Court, 76-79; + charge read, 79, 80; + authority of Court discussed, 80-83; + the Court adjourns and re-assembles, 83; + King charged, authority of Court discussed, and King refuses to + plead, 84-87; + Court adjourns and re-assembles, 89; + Solicitor-General demands judgment, 89-91; + King charged and refuses to plead, 91-95; + Court adjourns and re-assembles, 95; + sentence agreed on, King to be heard, 96, 97; + King demands to be heard by Lords and Commons and is refused, 97-101; + Bradshaw's speech, 103-117; + sentence on the King, 118. + + Charles II. and the regicides, i. 120-125. + + Clement, seaman, witness against Cowper, as to corpses floating, ii. + 166-168. + + Clifford, Lord, witness for Lord Russell, ii. 46. + + Coatsworth, surgeon, witness against Cowper, ii. 158, 159, 163, 164. + + Cobham, Lord. _See_ Raleigh, i. 1-71; + in opposition, 2; + overtures to French and Spanish, 3; + Raleigh accuses, 5; + avows Raleigh's guilt; 6; + not a witness, 33, 37-39, 47-49; + takes message to Aremberg, 19; + letter to, from Raleigh, 21; + Raleigh's instigation of, 21, 23; + examination of, 23, 24, 40, 41; + Raleigh's reply to, 25, 26; + second examination of, 26, 27, 35, 45; + Cecil's examination of, 28, 29; + Coke's argument as to Raleigh's complicity with, 29-33; + Raleigh's confession as to, 36; + letter to the lords, 55, 56; + to Raleigh, 56, 57. + + Cochram, Sir John, and Lord Russell's plot, ii. 28, 29. + + Coke. _See_ Raleigh's trial, i. 1-71; + opening speech by, 13-23; + on Raleigh's connection with Cobham, 29-33; + on Cobham's letter, 53-56; + final sentence of Raleigh by, 65. + + Cook, John, solicitor to the Commonwealth, i. 79, 124, 129. + + Coote, opening as to, in Lord Warwick's case, ii. 65-68; + leaves Locket's first and returns, 71; + leaves with Warwick and Lord Mohun, 71, 72; + no quarrel with Warwick, 73, 74, 76, 108, 110, 114, 117, 119; + quarrel with French, 75; + conversation of, with Warwick and Mohun in St. Martin's Lane, 83, 86, + 87; + wounded in Leicester Square, 84, 88; + death of, 89; + killed by French, 102; + news of his death, 104; + Warwick's account of the death of, 111, 112; + receives money from Warwick, 115, 116. + + Copley, i. 4; + his confession, 35, 39. + + Corriton, prosecutes Lady Lisle, i. 241. + + Cotton, Sir Robert, King Charles taken to his house, i. 89, 119, 150. + + Court, Theodore, witness against Goodere, master of the _Ruby_, ii. + 264-267, 268. + + Cowper, Dr. W., witness for Spencer Cowper, ii. 197. + + ---- Spencer, trial of, ii. 139-228; + opening of case against, 141-146; + at Sarah Stout's house, Walker's evidence, 140-148; + Sarah Stout's melancholy, 140-151; + the finding of Sarah Stout's body, 151-155; + medical evidence for the prosecution, 154-162; + evidence as to dead bodies floating, 162-169; + how Cowper left Hertford, 169, 170; + Cowper's defence, 183-187; + the finding of the body, 187-194; + medical evidence, evidence of Sir Hans Sloane, etc., 194-199; + Sarah Stout's melancholy, 199-205; + Sarah Stout and Mr. Marshall, 206-208; + letters to Marshall, 208-210; + letters to Cowper, 210-212; + Cowper's connection with Sarah Stout, 212-214; + summing up, 224-246; + acquittal and appeal proceedings, 227, 228. + + Cowper, William, witness for Spencer Cowper, ii. 212-214. + + ---- Mrs., evidence of, for Spencer Cowper, as to Sarah Stout's + melancholy, ii. 201, 202. + + Cox, Dr. Thomas, witness for Lord Russell, ii. 44. + + ---- William, witness against Hulet, i. 164. + + Crattle, James, witness against Lord Warwick, ii. 90-92; + carried him to Leicester Square, 90; + and to the Bagnio, 91. + + Creed, witness for Lady Lisle, i. 262. + + Crippes, William, witness against Lord Warwick, ii. 87-90; + helped to carry Coote to Leicester Fields, 87; + conversation in St. Martin's Lane, 87, 88; + Coote wounded, 88. + + Cromwell, Oliver, and Peters, i. 142-145, 149, 150. + + Cullender, Rose, trial of, i. 211-235; + indictment, 213; + bewitched the Pacys, 221; 223, 224; + and the Durents, 225; + and Susan Chandler, 226; + touches the children in court, 229; + bewitches Soam's cart, 231; + and Sherringham's beasts, 232; + defence of, 233; + summing up and verdict as to, 234. + + + Dew, Robert, witness for Cowper, as to finding Sarah Stout's body, ii. + 188-190. + + Dimsdale, John (senior), surgeon, witness against Cowper, ii. 160-162. + + ---- ---- surgeon, witness against Cowper, ii. 154-156, 161. + + Dockwra, opening as to, in Lord Warwick's case, ii. 165; + arrival at the Bagnio, 97; + tried for murder of Coote, and convicted of manslaughter, 112. + + Doncaster, Lord, at Raleigh's execution, i. 69, 70. + + Duckinfield, Captain Loftus, witness against Lord Warwick, ii. 102-107; + interview with Warwick, James, and Dockwra, 102; + French killed Coote, 102; + Warwick fought with James, 103; + duellists to leave London, 104; + condition of Warwick's sword, 105. + + Dunne, James, witness against Lady Lisle, i. 242; + examination in chief, 242-247; + cross-examination of, 247-249; + re-examined as to what he told Lady Lisle, 250-255; + re-examined as to arrests at Moyles Court, 255-257; + final examination of, 258-261. + + Duny, Amy, trial of, for witchcraft, i. 211-235; + indictment, 213; + bewitches William Durent, 215, 217; + and Elizabeth Durent, 217; + and Dorothy Durent, 218; + touches Elizabeth Pacy, 219; + bewitches Elizabeth Pacy, 220-225; + admission by, 221; + bewitches Diana Booking, 225; + present while a child is touched by another, 229; + bewitches geese, a chimney, and a firkin of fish, 232, 233; + defence by, 233; + summing up as to, and verdict, 234. + + Durent, Ann, bewitched, i. 213, 225; + state of, at the Assizes, 214. + + Durent, Elizabeth, bewitched, i. 213; + bewitched by Amy Duny, 217, 218. + + ---- William, bewitched, i. 214; + bewitched by Amy Duny, 215. + + + Esmond, Henry, present at duel between Lord Castlewood and Lord Mohun, + ii. 130-135. + + Essex, Earl of, i. 54, 59, 70, 71. + + ---- ---- and Lord Russell, ii. 8; + Howard's evidence as to, 26, 29. + + + Fairfax, Lady, interrupts Charles I.'s trial, i. 96. + + Fane, guides Dunne to Moyles Court, i. 246. + + Ferguson, and Lord Russell, ii. 8, 13. + + Finch, Sir Heneage, i. 127; + prosecutes Russell when Solicitor-General, 5; + speech of, 47-50. + + Fleetwood, George, i. 129. + + Ford, Sir Richard, sheriff, complaint against, in Turner's trial, i. + 169; + at Turner's execution, 208. + + Foster, Sir Richard, tries Goodere, ii. 232. + + Foster, Sir Robert, i. 126. + + French, opening as to, in Lord Warwick's case, ii. 65-68; + leaves Locket's first, and returns, 71; + quarrel with Coote, 75; + wounded, 93; + arrival at the Bagnio, 96; + condition of his sword, 97, 98; + killed Coote, 102; + tried for murder of Coote, and convicted of manslaughter, 112. + + Fry, Elizabeth, witness against Turner, i. 184, 185. + + + Garland, Austin, regicide, i. 129. + + Garth, Dr., witness for Cowper, ii. 235, 236. + + Gin, Richard, seaman, witness against Cowper as to corpses floating, + ii. 168, 169. + + Gittens, witness against Hulet, i. 158-160. + + Glover, Cornelius, witness against Peters, i. 154, 155. + + Goodall, witness against Lord Warwick, arrival of the duellists at the + Bagnio, ii. 101. + + Goodere, Sir John. _See_ Goodere, Samuel. + + ---- Samuel, trial of, ii. 231-304; + Vernon opens the case, 232-236; + Sir John at Jarrit Smith's house, 238, 239; + meets Goodere there, 241, 242; + counsel's right to cross-examine, 245; + description of Sir John in the indictment, 247, 248; + Goodere visits the White Hart, 249-254; + Sir John carried to the _Ruby_, 255-264; + Sir John on the _Ruby_, 264-289; + Sir John murdered, 274-282; + Mahony's confession, 291-295; + question of jurisdiction, 295; + Sir John's madness, 297-301; + Goodere's character, 301; + defence, 303; + summing up, verdict and sentence, 304. + + Gore, Mr. Sutton, witness for Lord Russell, ii. 46. + + Gregory, Clement, regicide, i. 129. + + Grey, Lord, connection with Raleigh, i. 2-8, 16, 17; + Cecil arrests, 28. + + Grey of Werk, Lord, and Lord Russell, ii. 7, 8, 11, 13, 47. + + Gunter, witness against Peters, i. 145, 146. + + Gurrey, John, Mrs., and Elizabeth, witnesses against Stephens, etc., + their conduct and conversation in Hertford, ii. 171-180. + + + Hacker, Francis, regicide, i. 129. + + Hale, Sir Matthew, trial of Suffolk witches by, i. 212; + Lord Campbell on, 213 _n._ + + Hamilton, Duke of, execution of, i. 164. + + Hampden, John, and Lord Russell, ii. 10; + Howard's evidence as to, 26. + + Harrison, Colonel Thomas, trial of, i. 130-139; + pleads after discussion, 130, 131; + present in the High Court, 133; + and at a Committee Meeting, 132, 133; + conducted the King from Hurst Castle to London, 133, 134; + defence of, 135-139; + sentence on, 139, 140. + + Hatsell, Sir Henry, tries Spencer Cowper, ii. 140. + + Hawles, Sir John, prosecutes Lord Warwick when Solicitor-General, ii. + 122-127. + + Heale, Serjeant, i. 13. + + Henry, Prince of Wales, Raleigh's pupil, i. 61. + + Henry IV. of France, i. 3. + + Hevingham, William, regicide, i. 129. + + Hewson, Colonel, and King Charles's execution, i. 159, 160, 161. + + Hicks, and Lady Lisle, i. 241; + tried and hanged, 242; + Lady Lisle agrees to receive, 244; + journey with Dunne, 245; + discovered at Moyles Court, 255; + message to, and reception by, Lady Lisle, 258-261. + + Hide, Sir Robert, i. 126; + tries Colonel Turner, i. 169; + summing up of, 193, 194. + + Hill, William, witness against Turner, i. 182, 184, 191. + + Hobbs, Morris, witness against Goodere, landlord of the White Hart, ii. + 248-255; + Goodere's first visit, 290-292; + his second visit, 293-295. + + Holland, Earl of, execution of, i. 164. + + Hollis, Denzil, i. 136, 138. + + Holt, John, defends Lord Russell, ii. 6. + + Howard, Thomas, Earl of Suffolk, i. 8. + + ---- Henry, Earl of Northampton, i. 9. + + ---- of Escrick, Lord, and Lord Russell, ii. 8; + witness against Lord Russell, ii. 14-32; + declarations of Russell's innocence, 38-42, 44-46, 48, 52. + + ---- Mr., gives evidence in favour of Lord Russell, ii. 39-41. + + Hulet, William, trial of, i. 158-166; + on the scaffold of Charles I., i. 159; + statements by, and reports as to, 160-163; + sentence on, 165, 166. + + + Ireton, General, and Peters, i. 146, 147, 148. + + + James, opening as to, in Lord Warwick's trial, ii. 65-68; + sent for to Locket's, 69; + tries to stop the quarrel, 80; + arrival at the Bagnio, 87; + condition of his sword, 100; + fought with Warwick, 103; + tried for murder of Coote, and convicted of manslaughter, 112. + + Jeffreys, Lord Chief-Justice, tries Lady Lisle, i. 239-275; + summing up of, 263-269; + and the jury, 270-272; + prosecutes Lord Russell when a serjeant, ii. 50. + + Jenkins, Sir Leoline, takes information in Lord Russell's case, ii. 36. + + Jones, conducts prosecution of Cowper, ii. 140. + + ---- Edward, witness against Goodere, ii. 274-279; + saw murder of Sir John, 276; + helped to arrest captain, 278. + + ---- Mrs., witness against Goodere, saw murder of Sir John, ii. 280, + 281. + + ---- John, regicide, i. 129. + + + Keeting, Captain, witness for Lord Warwick, ii. 113, 114. + + Kelyng, Sir John, i. 127; + action in trial of Suffolk witches, i. 226, 229. + + Kemish, Francis, i. 21, 45. + + + La Chesnee, i. 64, 70. + + Lawrency, Raleigh plots with, i. 19, 25, 29; + examination of, 35. + + Le Clerc, i. 63, 70. + + Leeds, Duke of, cross-examination by, in Lord Warwick's trial, ii. 85, + 86. + + Lilburne, Robert, i. 129. + + Lisle, John, husband of Lady Lisle, i. 239. + + ---- Lady Alice, trial of, i. 239-275; + agrees to receive Hicks, 244, 245; + Dunne's first account of her reception of Hicks, etc., 246-249; + Barter's account of the same, 249; + Dunne's second account, 250-255; + denial of, as to Hicks and Nelthorp, 257; + Dunne's third account, 258-261; + defence of, 262, 263; + summing up as to, 263-269; verdict, 272; + sentence, 272, 273; + execution of, 274; + reversal of attainder of, 274, 275. + + + Macartney, Captain, second to Lord Castlewood, ii. 130-135. + + Mallett, Sir Robert, tries the regicides, i. 126. + + Manchester, Lord, tries the regicides, i. 136. + + Markham, Sir Griffen, and the 'Bye,' i. 4, 6, 21. + + Marshall, witness for Cowper, acquaintance with Sarah Stout, ii. 207, + 208; + letters from Sarah Stout, 208, 210. + + Marson, John (see Cowper, Spencer, trial of, ii. 139-228); + leaves London and arrives at Hertford, 218, 224; + conversation at Gurrey's, 219; + at the Devil, 221; + character of, 221, 222; + summing up, 224-226; + verdict, 227. + + Marten, Henry, regicide, i. 124, 129. + + Masterson, witness against Harrison, i. 132. + + Melvile, Lord, and Lord Russell's plot, ii. 28. + + Meyn, Simon, regicide, i. 129. + + Millington, Gilbert, regicide, i. 129. + + ---- witness against Turner, i. 188, 201. + + Milton, John, i. 124. + + Mohun, Lord, ii. 59; + true bill against, 62; + opening as to, 65-68; + tries to stop quarrel at Locket's, 71, 77, 79, 80; + leaves with Lord Warwick and Coote, 71, 72; + conversation of, with Coote and Warwick in St. Martin's Lane, 83, 86; + trial and acquittal of, 130; + duel with Lord Castlewood, 130-135. + + Monmouth, Duke of, and Lord Russell, ii. 7, 11, 13; + connection with Lord Howard, 20-26, 47, 48, 51. + + Montague, Lord Chief-Baron, tries Russell, ii. 5. + + Mortimer, Dr., witness against Peters, i. 151, 152. + + Mosely, witness for Turner, i. 201. + + Mundy, prosecutes Lady Lisle, i. 241. + + + Nailor, Dr., witness against Cowper, ii. 164. + + Nelson, Lieut.-Col., witness against Hulet, i. 162. + + Nelthorpe, brought to Lady Lisle by Dunne, i. 245; + discovered at Moyles Court, 255; + reception by Lady Lisle, 258-261. + + Nevill, Sir Edward, opinion of, in Lord Warwick's case, ii. 126. + + Newburgh, Lord, witness against Harrison, i. 133. + + Normanby, Marquis of, cross-examination by, in Lord Warwick's + trial, ii. 85. + + Northampton, Lord, at Raleigh's execution, i. 61. + + North, Sir Dudley, appointed Sheriff of London, ii. 3. + + ---- Francis, prosecutes Lord Russell, ii. 5; + opens the case, 7. + + Northumberland, Earl of, i. 2, 3. + + Nunnelly, Richard, witness against Peters, i. 150, 151. + + Nutley, witness against Harrison, i. 132. + + + Pacy, Deborah, bewitched, i. 214; + too ill to be brought to the Assizes, 219; + evidence as to, 219-223. + + ---- Elizabeth, bewitched, i. 214; + state of, at the Assizes, 214; + being unconscious at the Assizes, recognises and assaults Amy Duny, + 219; + evidence as to, 219-223. + + Palmer, Sir Geoffrey, i. 127. + + Payton, Sir John, i. 21. + + Pemberton, Sir Francis, Lord Chief-Justice, tries Russell, ii. 4. + + Pennington, Isaac, i. 129. + + Penruddock, John, i. 239. + + ---- Col., i. 239; + witness against Lady Lisle, as to at Moyles Court, arrests 255-257. + + Peterborough, Earl of, cross-examines in Lord Warwick's case, ii. 77. + + Peters, Hugh, trial of, i. 140-158; + pleads, 140, 141; + in Pembrokeshire, 142, 143; + escape from London with Cromwell, 143; + replies to Dr. Young, 144, 145; + consultations with Cromwell, 145, 146; + with Ireton and others at Windsor, 147, 148; + in the Painted Chamber, 149; + rode before the King into London, 149; + at the trial and execution, 150, 151; + his preachings, 152, 154; + his defence, 155, 156; + summing up and sentence, 156-158. + + Phillips, Serjeant, in Raleigh's trial, i. 36, 51. + + Pollexfen, defends Lord Russell, ii. 6; + prosecutes Lady Lisle, 61. + + Pomfret, witness against Lord Warwick, servant at the Bagnio, ii. + 96-100; + arrival of Warwick and French, 96; + and Dockwra and James, 97; + state of the swords, 96-100. + + Popham, Lord Chief-Justice, i. 6, 10; + examination by, of Lord Cobham, 27. + + Potter, Vincent, regicide, i. 129. + + Powys, Sir Thomas, appears for Lord Warwick, ii. 123, 125. + + Preston, Sir Amyas, i. 42. + + Pretty, account of Hulet by, i. 161. + + + Raleigh, Sir Walter, trial of, i. 1-71; + position on accession of James I., 2; + overtures of, to French and Spaniards, 3, 4; + examination and arrest, 5; + indictment, 11-13; + Coke's opening, 13-23; + Cobham's examination, 23, 24; + Raleigh's answer, 25, 26; + Cobham's second examination, 26, 27; + Raleigh's answer, 27, 28; + his connection with Cobham, 29, 30; + two witnesses required, 31-33; + examinations of Watson, etc., 35; + of Raleigh, 36; + Cobham not called, 37-39, 47-49; + examinations of Raleigh, Cobham, and others, 39-41; + book against the title of the King, 41-44; + letter to Cobham, 45; + Lady Arabella Stewart, 46, 50; + Dyer's evidence, 50; + Phillip's speech, 51; + Cobham's letter to the lords, 55, 56; + to Raleigh, 56, 57; + verdict, 57; + sentence, 58-60; + life in the Tower and the Guiana expedition, 61-65; + condemnation, 65; + letter to the King, 65, 66; + to his wife, 66-69; + execution, 69, 70. + + Raymund, Edmund, witness for Lord Warwick, ii. 119. + + Regicides. _See_ Harrison, Thomas; Peters, Hugh; Hulet, William; and + note i. p. 129. + + Rich, appointed Sheriff of London, ii. 3. + + ---- Col., and Peters, i. 146, 148. + + Richardson, Thomas, witness against Peters, i. 150. + + ---- Mrs., evidence against Marson, ii. 152. + + Roe, Owen, regicide, i. 129. + + Rogers, William (_see_ Cowper, Spencer, trial of, ii. 139-228); + leaves London and arrives at Hertford, 218-220; + conversation at Gurrey's, 219; + summing up, 224-226; + verdict, 227. + + Rumsey, witness against Lord Russell, takes message from Shaftesbury to + the conspirators, ii. 10-12, 13, 34, 37, 47, 51, 55. + + Russell, Lord, trial of, ii. 3-56; + charges against, 6; + objections to jurors, 6, 7, 56; + North opens case against, 7-10; + Rumsey's evidence against, as to meetings in Sheppard's house, 10-12; + Sheppard's evidence as to the same, 12-14; + Lord Howard's evidence against, as to Shaftesbury's plot, 14-26; + and Russell's plot, 26-31; + West's evidence as to connection of with Trenchard, 32, 33; + speech of, on question of law, 33, 34; + replies thereto, 34-37; + reply of, to Rumsey's evidence, 37, 38; + evidence as to declarations by Howard, 38-42; + evidence as to character, 43, 44; + Howard's reply, 44-46; + conclusion of speech of, 46, 47; + reply by Solicitor-General, 47-50; + summing up, 50-54; + verdict and sentence, 54; + execution of, and statement by, 54-56; + reversal of attainder of, 56. + + + Salisbury, Earl of (_see_ Raleigh); connection with Raleigh's trial, i. + 1-8; + judge in Raleigh's trial, 9; + plots revealed to, 28. + + Salmon, witness against Lord Warwick; describes Coote's wounds, ii. + 107. + + Sandeswell, Ann, witness against the Suffolk witches, i. 232. + + Savoy, Duke of, and Raleigh, i. 61. + + Sawyer, Sir Robert, prosecutes Lord Russell when Attorney-General, ii. + 5. + + Scot, Thomas, regicide, i. 129. + + Scroope, Adrian, regicide, i. 129. + + Shaftesbury, Earl of, connection with Lord Russell's trial, ii. 4-8; + message of, to conspirators, 11; + connection with Howard, 17-26, 47, 48, 51, 52. + + Sheppard, conspiracy at the house of, ii. 11, 47, 51; + witness as to meetings of conspirators, 13, 14. + + Sherringham, Robert, witness against the Suffolk witches, i. 232. + + Sidney, Col. Algernon, and Lord Russell, ii. 9; + Howard's evidence as to, 26. + + Simpson, Holland, witness against Peters, i. 150. + + Sloane, Sir Hans, witness for Cowper, ii. 194, 195. + + Smith, Aaron, conspires with Lord Russell, ii. 10, 28, 29. + + ---- Abraham, watchman, witness against Hulet, i. 163, 164. + + ---- Jarrit, witness against Goodere; two visits of Sir John to, and + reconciliation of brothers at his house, ii. 237-246. + + Soam, John, witness against the Suffolk witches, i. 231 + + Somers, Lord John, ii. 61. + + Somerset, Duke of, and the Guiana expedition, i. 61. + + ---- ---- witness for Lord Russell, ii. 44. + + Spencer, Mr., witness for Lord Russell, ii. 46. + + Stanhope, Col., witness for Lord Warwick, ii. 117, 118. + + Starkey, witness against Peters, i. 146, 149. + + Stephen, Sir James, on Coke, i. 7; + on validity of Lord Russell's objection to the jury, ii. 7; + on benefit of clergy, 121, 122; + on indictments, 247. + + Stephens, Ellis (_see_ Cowper, Spencer, trial of, ii. 139-228); + leaves London and arrives at Hertford, 218; + conversation at Gurrey's house, 219; + journey to Hertford, 220; + summing up, 224-226; + verdict, 227. + + Stewart, Charles. _See_ Charles I. and Charles II. + + ---- Lady Arabella, i. 12; + accusations against Raleigh as to, 20; + Raleigh's denial, 25, 26, 29, 49, 57; + statement on behalf of, 46. + + Stout, Mrs., takes proceedings for an appeal against Turner, ii. 227, + 228. + + ---- Sarah. _See_ Cowper. + + Stringer, Justice's visit to Turner, i. 207. + + Stubbards, Col., and trial of Charles I., i. 150. + + Stukely, Vice-Admiral, i. 62-64, 70. + + Suffolk witches, i. 311-325. + _See_ Cullender, Rose; and Duny, Amy. + + Sully, Duke of, ambassador to James I., i. 3. + + + Tasker, Major Ralph, witness against Turner, i. 145, 146. + + Temple, James, regicide, i. 129. + + ---- Peter, regicide, i. 129. + + Tench, and Charles I.'s scaffold, i. 151. + + Thomlinson, Col., in charge of Charles I., i. 78. + + Tichburne, Robert, regicide, i. 124, 129. + + Tillotson, Dr., witness for Lord Russell, ii. 42, 43; + accompanies him to the scaffold, 54. + + Toogood, witness as to admissions by Hulet, i. 160. + + Treby, Lord Chief-Justice, opinion of, in Lord Warwick's case, ii. 125, + 126. + + Trenchard, the rising of, ii. 8, 11, 24. + + Trevor, Thomas Lord, prosecutes the Earl of Warwick when + Attorney-General, ii. 65; + speech of, 122. + + Tryon, witness against Turner, i. 181, 182, 187, 193. + + Turner, Sir Edward, i. 127; + opens the case against Hulet, 158. + + Turner, Ely, trial of, i. 169-208; + was to bring money to Fry's house, 184, 185; + examined by Sir T. Aleyn, 191; + acquitted, 203. + + ---- James, trial of, i. 169-208; + Aleyn's evidence, 170-180; + Turner suspected, 171; + found in possession of money, 172, 186; + account of money and jewels by, 173; + arrest by Aleyn, 174, 175; + his wife sent for money and jewels, 175; + wife's account of them, 176; + committed to Newgate, 177, 178; + his account of his money to Aleyn, 179; + Tryon's account of the burglary, 180-182; + Turner's account to Hill, 182, 183; + as to forging Tryon's will, 183, 184; + deposits money with Fry and Ball, 185, 186; + account given by, of robbery to Cole, 187; + examined by Chamberlain and Aleyn, 189, 190; + defence of, 194-200; + summing up and verdict, 202, 203; + confession by, 204; + dying speech and execution of, 205, 208. + + ---- John, trial of, i. 169-208; + flies from Sir T. Aleyn, 179, 180, 191; + carried money to Fry's house, 185, 192, 197, 201, 202; + acquitted, 202. + + ---- Mary, trial of, i. 169-208; + sent for jewels and money by Turner, 175, 176, 199; + visit to Fry's house, 186, 197; + produced money and jewels, 188; + examined by Chamberlain, 190; + acquitted, 203. + + Turner, Stephen, witness against Lord Warwick, Coote's servant, ii. + 107; + Coote friendly with Warwick, 108. + + ---- William, trial of, i. 169-208; + arrest and examination of, 192; + identified by Tryon, 193; + denial by, 201; + acquittal and confession of, 203, 204. + + + Vanden Anchor, witness against Turner, i. 188. + + Villiers and the Guiana Expedition, i. 61. + + + Wade, Sir Thomas, i. 11. + + Wait, Thomas, and Raleigh's trial, i. 129. + + Walcot, connection with Lord Shaftesbury and Lord Howard, ii. 15, + 20-26. + + Walker, Sir Clement, on omissions in Charles I.'s trial, i. 93 _n._ + + ---- Sarah, witness against Cowper, his arrival and conduct at Mrs. + Stout's, ii. 146-152; + evidence contradicted, 216, 217. + + Wall, witness for Cowper, ii. 193. + + Waller, Sir Hardress, i. 129. + + Ward defends Lord Russell, ii. 7; + opinion of, in Lord Warwick's case when Lord Chief-Baron, 166. + + Warwick and Holland, Earl of, trial of, ii. 59-135; + preliminaries, 59-64; + opening speech, 65-68; + guests leave Locket's, 70-72; + course of quarrel between Coote and French, 75-79; + the journey to Leicester Fields and the Bagnio, 82-92; + arrival and proceedings at the Bagnio, 96-101; + Warwick's defence as to the facts, 109-112; + friendship between Warwick and Coote, 107, 113-119; + capacity of French to give evidence, benefit of clergy, 200-226; + verdict, 128, 129; + sentence, 129. + + Watcher, witness against Turner, i. 192. + + Watson, and the 'Bye' plot, i. 4, 16, 17, 35, 40. + + Weller, Daniel, witness against Goodere, ship's carpenter, i. 272-274. + + Westmoreland, i. 28. + + Whichcot, Sir Jeremy, witness against Peters, i. 150. + + Whiteman, Colonel, witness for Lord Warwick, ii. 119. + + Williams, Thomas, witness against Goodere, capture of Sir John, ii. + 255-259. + + Wilson, Sir Thomas, i. 64. + + Windham, Wadham, i. 127. + + Winwood and the Guiana Expedition, i. 61. + + Witches, Suffolk, the. _See_ Cullender, Rose; and Duny, Amy. + + Woodhouse, Dr., witness against Cowper, ii. 65. + + Wotton, Lord, of Morley, i. 10. + + Wright, Sir Nathan, prosecutes the Earl of Warwick when a serjeant, ii. + 64; + speech of, 104. + + Wroth, Sir Robert, i. 44. + + + Young, Sir Edward, opens Peters' case, i. 141. + + ---- Dr. William, witness against Peters, i. 141, 143, 145; + Peters' reply to, 143, 145. + + ---- witness for Cowper, finder of Sarah Stout's body, ii. 190-192. + + + + + Printed by T. and A. CONSTABLE, Printers to Her Majesty + at the Edinburgh University Press + + + + +TRANSCRIBERS' NOTES + + +Page 26: Algernone as in the original + +Page 36: Abermarle as in the original + +Page 53: beleive corrected to believe after "Whether upon this whole + matter you do" + +Page 61: paragraph ending "their faces towards the state;" as in the + original + +Page 101: 20th as in the original. Should perhaps be 30th. + +Page 310: Fergusson standardised to Ferguson, as in the text + +Page 313: inconsistent spelling of Nelthorp(e) as in original + +Page 319: find- changed to finder in entry for Young, witness for Cowper + +Footnote 12: Algernon Sidney. Year corrected from 1783 to 1683 in + "executed on 7th December 1783" + +Footnote 14: Rumsey. Year corrected from 1785 to 1685 in "executed in + 1785." Year corrected from 1783 to 1683 in "before, in 1783," + +Footnote 25: "became a a fellow" corrected to "became a fellow" + +General : The following have been inconsistently hyphenated in the + original: ale(-)house, church(-)yard, cock(-)pit, + half(-)penny, lime(-)kilns, no(-)body, over(-)board, + sweet(-)heart, three(-)score, twelve(-)month. These have not + been standardised. + +General : No attempt has been made to standardise or modernise spelling. + Corrections to punctuation have not been individually noted. + +Index : Volume numbers omitted in the original have been added for + Cowper, William; Howard, Thomas; Howard, Henry; Northampton, + Lord; Suffolk Witches + + + + + +End of the Project Gutenberg EBook of State Trials Vol. 2 (of 2), by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK STATE TRIALS VOL. 2 (OF 2) *** + +***** This file should be named 38088-8.txt or 38088-8.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/8/0/8/38088/ + +Produced by David Garcia, Delphine Lettau, Brownfox and +the Online Distributed Proofreading Team at +http://www.pgdp.net (This file was produced from images +generously made available by The Internet Archive) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: State Trials Vol. 2 (of 2) + Political and Social + +Author: Various + +Editor: Sir Harry Lushington Stephen + +Release Date: November 22, 2011 [EBook #38088] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK STATE TRIALS VOL. 2 (OF 2) *** + + + + +Produced by David Garcia, Delphine Lettau, Brownfox and +the Online Distributed Proofreading Team at +http://www.pgdp.net (This file was produced from images +generously made available by The Internet Archive) + + + + + + +</pre> + + +<h1>STATE TRIALS</h1> + +<p class="center gap4"><i>First impression, March 1899</i><br /> +<i>Second impression, September 1899</i></p> + +<p class="center"><i>All rights reserved</i></p> + +<div class="figcenter" style="width: 497px;"> +<img src="images/illus1.png" width="497" height="558" alt="" title="" /> +<div><span class="caption"><i>William Lord Russell.</i></span> +</div></div> + +<p class="center xlarge gap4"><b>STATE TRIALS</b></p> + +<p class="center large">POLITICAL AND SOCIAL</p> + +<hr class="w60" /> + +<p class="center">SELECTED AND EDITED</p> + +<p class="center large">BY H. L. STEPHEN</p> + +<hr class="w60" /> + +<p class="center">IN TWO VOLUMES</p> + +<p class="center">VOL. II</p> + +<hr class="w60" /> + +<div class="figcenter" style="width: 174px;"> +<img src="images/illus2.png" width="174" height="189" alt="" title="" /> +</div> + +<hr class="w60" /> + +<p class="center large">LONDON</p> + +<p class="center large">DUCKWORTH AND CO</p> + +<p class="center">1899</p> + +<p class="center gap4">Edinburgh: T. and A. <span class="smcap">Constable</span>, Printers to Her Majesty</p> + +<h2 class="gap4">CONTENTS</h2> + +<table summary="Table of contents" class="w60"> +<tr> +<td> </td> +<td class="small ralign">PAGE</td> +</tr> +<tr> +<td>LORD RUSSELL,</td> +<td class="tabnum"><a href="#Page_3">3</a></td> +</tr> +<tr> +<td>THE EARL OF WARWICK,</td> +<td class="tabnum"><a href="#Page_59">59</a></td> +</tr> +<tr> +<td>SPENCER COWPER AND OTHERS,</td> +<td class="tabnum"><a href="#Page_139">139</a></td> +</tr> +<tr> +<td>SAMUEL GOODERE AND OTHERS,</td> +<td class="tabnum"><a href="#Page_231">231</a></td> +</tr> +<tr> +<td class="indentind">INDEX,</td> +<td class="tabnum"><a href="#Page_305">305</a></td> +</tr> +</table> + +<p><span class="pagenum"><a name="Page_1" id="Page_1">[Pg 1]</a></span></p> +<p> </p> +<p><span class="pagenum"><a name="Page_2" id="Page_2">[Pg 2]</a></span></p> +<p> </p> +<p><span class="pagenum"><a name="Page_3" id="Page_3">[Pg 3]</a></span></p> +<h2 class="gap4"><a name="LORD_RUSSELL" id="LORD_RUSSELL"></a>LORD RUSSELL</h2> + +<p>Lord Russell's trial marks the moment in the +latter part of Charles <span class="small">II.</span>'s reign when his power +reached its highest point. The Exclusion Bill +was thrown out by the House of Lords in 1680, +and though Stafford was tried and executed at +the end of the year, the dissolution of the short-lived +Oxford Parliament in April 1681 left the +Country party, who had just acquired the name +of Whigs, in a temporarily hopeless position. On +the 2nd of July in the same year Shaftesbury +was arrested on a charge of suborning witnesses +in the Popish Plot, but the bill presented against +him was thrown out by the Grand Jury, which +had been packed in his favour by a friendly +sheriff, and he was liberated in November. An +unscrupulous exercise of the power of the Court +led to North (brother of the Chief-Justice of the +Common Pleas, soon to become Lord Keeper) +and Rich being sworn in as sheriffs in June 1682, +and Shaftesbury, no longer being able to rely on +his City friends, retired into hiding and entered +on the illegal practices described in Russell's +trial. The security afforded to the opponents of<span class="pagenum"><a name="Page_4" id="Page_4">[Pg 4]</a></span> +the Court was further diminished in 1683 by the +suppression of the charter of the City by a writ +of Quo Warranto, which, although it was too late +to have any effect on Russell's conduct, may help +to justify it. The position of the Country party +thus appeared desperate. The King had contrived +to overcome all constitutional means of +opposition; Shaftesbury's unscrupulous policy +had alienated most of his natural adherents; his +violent disposition made it impossible for his +remaining followers to take advantage of the +difficulties which the King was preparing for +himself and his successor; and by anticipating +the crisis of 1688, Shaftesbury, Essex, and +Russell brought down destruction on themselves.</p> + +<p>Lord Russell was tried at the Old Bailey on +the 13th of July 1683 before the Lord Chief-Justice, +Sir Francis Pemberton,<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">[1]</a> the Lord Chief-<span class="pagenum"><a name="Page_5" id="Page_5">[Pg 5]</a></span>Baron, +Mr. William Montague, and nine other +judges. There appeared for the prosecution +the Attorney-General, Sir Robert Sawyer<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">[2]</a>, the +Solicitor-General, Mr. Finch<a name="FNanchor_3_3" id="FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor">[3]</a>, Serjeant Jeffreys<a name="FNanchor_4_4" id="FNanchor_4_4"></a><a href="#Footnote_4_4" class="fnanchor">[4]</a>, +Mr. North<a name="FNanchor_5_5" id="FNanchor_5_5"></a><a href="#Footnote_5_5" class="fnanchor">[5]</a>.</p> + +<p><span class="pagenum"><a name="Page_6" id="Page_6">[Pg 6]</a></span></p><p>The charge against Lord Russell was that he +was guilty of high treason in conspiring to depose +and kill the King, and to stir up rebellion against +him. To this he pleaded Not Guilty.</p> + +<p>He objected that he ought not to be arraigned +and tried on the same day, to which it was replied +that he had had more than a fortnight's notice +of his trial and the facts alleged against him by +having questions put to him when he was in +custody in the Tower. On the first juror being +called, Lord Russell objected that he was not +a 40s. freeholder in the City. He was allowed +to have counsel assigned to him to argue as to +whether this was a good ground of objection; +the counsel he chose were Pollexfen<a name="FNanchor_6_6" id="FNanchor_6_6"></a><a href="#Footnote_6_6" class="fnanchor">[6]</a>, Holt<a name="FNanchor_7_7" id="FNanchor_7_7"></a><a href="#Footnote_7_7" class="fnanchor">[7]</a>, and<span class="pagenum"><a name="Page_7" id="Page_7">[Pg 7]</a></span> +Ward. The question was whether the statute +2 Hen. <span class="small">V.</span> c. 3, which enacted that in the case of +capital offences the jurors must have lands of the +yearly value of 40s., applied to trials for treason +or to trials in the City. It was decided by +all the judges that it did not,<a name="FNanchor_8_8" id="FNanchor_8_8"></a><a href="#Footnote_8_8" class="fnanchor">[8]</a> the objection was +overruled, and a jury was sworn without any +challenges being made.</p> + +<p><i>North</i> then shortly opened the case. He +alleged that in the previous October and +November a council consisting of Russell, the +Duke of Monmouth, Lord Grey,<a name="FNanchor_9_9" id="FNanchor_9_9"></a><a href="#Footnote_9_9" class="fnanchor">[9]</a> Sir Thomas<span class="pagenum"><a name="Page_8" id="Page_8">[Pg 8]</a></span> +Armstrong, and one Ferguson, were plotting +a rising in conjunction with the Earl of Shaftesbury. +The Earl was anxious that the opportunity +of the celebration of Queen Elizabeth's +birthday on the 19th of November should be +used for the purpose. The conspirators objected +to this on the ground that Trenchard, who was +to have headed a rising in the West, was not +ready. On this Shaftesbury and Ferguson left +the country, and the so-called council was +re-organised by Armstrong and Grey being +left out, and Lord Howard,<a name="FNanchor_10_10" id="FNanchor_10_10"></a><a href="#Footnote_10_10" class="fnanchor">[10]</a> Lord Essex,<span class="pagenum"><a name="Page_9" id="Page_9">[Pg 9]</a></span><a name="FNanchor_11_11" id="FNanchor_11_11"></a><a href="#Footnote_11_11" class="fnanchor">[11]</a> +Colonel Algernon Sidney,<a name="FNanchor_12_12" id="FNanchor_12_12"></a><a href="#Footnote_12_12" class="fnanchor">[12]</a> and Mr. Hamp<span class="pagenum"><a name="Page_10" id="Page_10">[Pg 10]</a></span>den,<a name="FNanchor_13_13" id="FNanchor_13_13"></a><a href="#Footnote_13_13" class="fnanchor">[13]</a> +being taken in. Frequent consultations +were held at Russell's house, and Aaron Smith +was despatched to Scotland to arrange a rising +on the part of the malcontents there.</p> + +<p><i>Rumsey</i><a name="FNanchor_14_14" id="FNanchor_14_14"></a><a href="#Footnote_14_14" class="fnanchor">[14]</a> was called, and being sworn deposed<span class="pagenum"><a name="Page_11" id="Page_11">[Pg 11]</a></span> +that at the end of October or the beginning of +November Shaftesbury had sent for him to his +lodgings in Wapping, where he was hiding, and +told him to go to the house of one Sheppard, +where he could find Monmouth, Russell, Grey, +Armstrong, and Ferguson, and to ask what +resolution they had come to as to the rising at +Taunton. He took this message accordingly, +and received an answer that Trenchard had +promised 1000 foot and 300 horse, but had +failed them. Most of this answer was delivered +by Ferguson, but others, including Russell, were +in the room at the time.</p> + +<div class="blockquot"><p><span class="smcap">Attorney-General</span>—Was there nothing of my lord +Shaftesbury to be contented?</p> + +<p><span class="smcap">Rumsey</span>—Yes, that my lord Shaftesbury must be +contented; and upon that he took his resolution to be +gone.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—Did you hear any such resolution +from him?</p> + +<p><span class="smcap">Rumsey</span>—Yes, my lord.</p></div> + +<p>Shaftesbury told him of the meeting; he was +not there more than a quarter of an hour; he +heard something of a declaration to be made, +either there, or on a report of Ferguson's.</p> + +<div class="blockquot"><p><span class="smcap">Jeffreys</span>—To what purpose was the declaration?</p> + +<p><span class="smcap">Lord Chief-Justice</span>—We must do the prisoner +that right; he says he cannot tell whether he had it +from him or Mr. Ferguson.</p></div> + +<p>There was some discourse begun by Arm<span class="pagenum"><a name="Page_12" id="Page_12">[Pg 12]</a></span>strong +as to the posture of the guards at the +Savoy and at the Mews. Monmouth, Grey, and +Armstrong, in Russell's presence, undertook to +see the guards,</p> + +<div class="blockquot"><p>with what care and vigilance they did guard themselves +at the Savoy and Mews, whether they might +be surprised or not.</p></div> + +<p>The rising was to be on the 19th of November. +It was arranged by Shaftesbury that he himself +was to go to Bristol, in what capacity it was not +stated.</p> + +<div class="blockquot"><p><span class="smcap">Jeffreys</span>—If my lord Russell pleases to ask him +any questions he may.</p> + +<p><span class="smcap">Lord Russell</span>—I have very few questions to ask +him for I know little of the matter; for it was the +greatest accident in the world I was there, and when +I saw that company was there I would have been gone +again. I came there accidentally to speak with Mr. +Sheppard; I had just come to town, but there was +no discourse of surprising the guards, nor no undertaking +of raising an army.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—We will hear you to anything +by and by, but that which we desire to know of your +lordship is, as the witnesses come, to know if you +would have any particular questions asked of them.</p></div> + +<p>On being pressed by Russell, Rumsey repeated +that Russell 'did discourse of the rising' at +Taunton and consented to it.</p> + +<p><i>Sheppard</i> was called, and deposed that in<span class="pagenum"><a name="Page_13" id="Page_13">[Pg 13]</a></span> +October Ferguson came to him in Monmouth's +name,</p> + +<div class="blockquot"><p>and desired the conveniency of my house, for him +and some other persons of quality to meet there. As +soon as I had granted it, in the evening the duke of +Monmouth, my lord Grey, my lord Russell, sir Thomas +Armstrong, col. Rumsey and Mr. Ferguson came. +Sir T. Armstrong desired me that none of my servants +might come up, but they might be private; so what +they wanted I went down for, a bottle of wine or so.</p></div> + +<p>He confirmed Rumsey's evidence as to the +discourse about surprising the guards; Monmouth, +Grey, and Armstrong went out to view +them at the Mews; the next time they met +Armstrong reported</p> + +<div class="blockquot"><p>the guards were very remiss in their places, and +not like soldiers, and the thing was feasible, if they +had strength to do it.</p></div> + +<p>There were two meetings: he had notice of +them; the company came in the evening; he saw +no coaches; Lord Russell came both times.</p> + +<div class="blockquot"><p><span class="smcap">Jeffreys</span>—Do you remember that col. Rumsey at +the first time had any discourse about any private +business relating to my lord Russell?</p> + +<p><span class="smcap">Sheppard</span>—No, I do not remember it.</p> + +<p><span class="smcap">Attorney-general</span>—Besides the seizing of the +guards did they discourse about rising?</p> + +<p><span class="smcap">Sheppard</span>—I do not remember any further discourse, +for I went several times down to fetch wine, +and sugar, and nutmeg, and I do not know what was +said in my absence.</p></div><p><span class="pagenum"><a name="Page_14" id="Page_14">[Pg 14]</a></span></p> + +<p>He remembered that a paper was read 'somewhat +in the nature of a proclamation,' setting +forth the grievances of the nation 'in order to +a rising.' It was read by Ferguson, but he could +not say whether they were all present or not.</p> + +<p>Cross-examined by Lord Russell, he could not +be positive as to the time of the meetings; they +were at the time that Lord Shaftesbury was +absent from his house, and he absented himself +about Michaelmas day.</p> + +<div class="blockquot"><p><span class="smcap">Lord Russell</span>—I never was but once at your house, +and there was no such design as I heard of. I desire +that Mr. Sheppard may recollect himself.</p> + +<p><span class="smcap">Sheppard</span>—Indeed my lord I can't be positive in +the times. My lord I am sure was at one meeting.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—But was he at both?</p> + +<p><span class="smcap">Sheppard</span>—I think so; but it was eight or nine +months ago, and I can't be positive.</p> + +<p><span class="smcap">Lord Russell</span>—I can prove I was then in the +country. Col. Rumsey said there was but one meeting.</p> + +<p><span class="smcap">Col. Rumsey</span>—I do not remember I was at two; +if I was not, I heard Mr. Ferguson relate the debates +of the other meeting to my lord Shaftesbury.</p> + +<p><span class="smcap">Lord Russell</span>—Is it usual for witnesses to hear one +another?</p> + +<p><span class="smcap">Lord Chief-Justice</span>—I think your lordship need +not concern yourself about that; for I see the witnesses +are brought in one after another.</p> + +<p><span class="smcap">Lord Russell</span>—There was no design.</p> + +<p><span class="smcap">Jeffreys</span>—He hath sworn it.</p> + +<p><span class="smcap">Attorney-General</span>—Swear my lord Howard +(which was done). Pray will your lordship give an<span class="pagenum"><a name="Page_15" id="Page_15">[Pg 15]</a></span> +account to the Court, what you know of a rising +designed before my lord Shaftesbury went away, and +afterwards how it was continued on.</p> + +<p><span class="smcap">Lord Howard</span>—My lord, I appear with some confusion. +Let no man wonder that it is troublesome +to me. My lord as to the question Mr. Attorney puts +to me, this is the account I have to give: It is very +well known to every one, how great a ferment was +made in the city, upon occasion of the long dispute +about the election of sheriffs; and this soon produced +a greater freedom and liberty of speech one with +another, than perhaps had been used formerly, though +not without some previous preparations and dispositions +made to the same thing. Upon this occasion +among others, I was acquainted with captain Walcot<a name="FNanchor_15_15" id="FNanchor_15_15"></a><a href="#Footnote_15_15" class="fnanchor">[15]</a>, +a person that had been some months in England, being +returned out of Ireland, and who indeed I had not +seen for eleven years before. But he came to me +as soon as he came out of Ireland, and when these +unhappy divisions came, he made very frequent applications +to me; and though he was unknown himself, +yet being brought by me, he soon gained a confidence +with my lord Shaftesbury, and from him derived it +to others. When this unhappy rent and division of +mind was, he having before got himself acquainted +with many persons of the city, had entered into such +counsels with them, as afterwards had the effect, +which in the ensuing narrative I shall relate to your<span class="pagenum"><a name="Page_16" id="Page_16">[Pg 16]</a></span> +lordship. He came to me, and told me, that they +were now sensible all they had was going, that this +force put upon them——</p> + +<p><span class="smcap">Lord Chief-Justice</span>—Pray my lord, raise your +voice, else your evidence will pass for nothing.</p> + +<p><span class="smcap">One of the Jury</span>—We cannot hear my lord.</p> + +<p><span class="smcap">Lord Howard</span>—There is an unhappy accident +happened that hath sunk my voice: I was but just +now acquainted with the fate of my lord of Essex. +My lord, I say, he came to me, and did acquaint me, +that the people were now so sensible that all their +interest was going, by that violence offered to the city +in their elections, that they were resolved to take +some course to put a stop to it, if it were possible: +He told me there were several consults and meetings +of persons about it, and several persons had begun to +put themselves into a disposition and preparation to +act; that some had furnished themselves with very +good horses, and kept them in the most secret and +blind stables they could. That divers had intended +it, and for his own part he was resolved to imbark +himself in it. And having an estate in Ireland, he +thought to dispatch his son thither (for he had a good +real estate, and a great stock, how he disposed of his +real estate, I know not); but he ordered his son to +turn his stock into money to furnish him for the +occasion: This I take to be about August, his son +was sent away. Soon after this the son not being yet +returned, and I having several accounts from him +wherein I found the fermentation grew higher and +higher, and every day a nearer approach to action +I told him I had a necessity to go into Essex to attend +the concerns of my own estate; but told him how +he might by another name convey letters to me, and<span class="pagenum"><a name="Page_17" id="Page_17">[Pg 17]</a></span> +gave him a little cant, by which he might blind and +disguise the matter he wrote about when I was in the +country.</p> + +<p>I received two or three letters from him, that gave +me an account in that disguised style, but such as I +understood, that the negotiation which he had with +my correspondents was going on, and in good condition; +and it was earnestly desired I would come +to town; this was the middle of September.</p> + +<p>I notwithstanding, was willing to see the result of +that great affair, upon which all men's eyes were fixed, +which was the determination of the shrivalty about +that time. So I ordered it to fall into town, and +went to my own house Saturday night which was +Michaelmas Day.</p> + +<p>On Sunday he came to me and dined with me, and +told me (after a general account given me of the +affairs of the times) that my lord Shaftesbury was +secreted and withdrawn from his own house in +Aldersgate Street; and that though he had a family +settled, and had absconded himself from them, and +divers others of his friends and confidents; yet he did +desire to speak with me, and for that purpose sent +him to shew me the way to his lodging: He brought +me to a house at the lower end of Wood Street, one +Watson's house, and there my lord was alone. He +told me he could not but be sensible, how innocent +soever he was, both he and all honest men were +unsafe, so long as the administration of justice was +in such hands as would accommodate all things to the +humour of the court. That in the sense of this he +thought it but reasonable to provide for his own safety +by withdrawing himself from his own house into that +retirement. That now he had ripened affairs to that<span class="pagenum"><a name="Page_18" id="Page_18">[Pg 18]</a></span> +head, and had things in that preparation, that he did +not doubt but he should be able, by those men that +would be in readiness in London, to turn the tide, +and put a stop to the torrent that was ready to overflow. +But he did complain to me, that his design, +and the design of the public, was very much obstructed +by the unhandsome deportment of the Duke of +Monmouth, and my lord Russell, who had withdrawn +themselves not only from his assistance, but from +their own engagements and appointments: For when +he had got such a formed force as he had in London, +and expected to have it answered by them in the +country, they did recede from it, and told him they +were not in a condition or preparation, in the country, +to be concurrent with him at that time. This he +looked upon but as an artificial excuse, and as an +instance of their intentions wholly to desert him: but +notwithstanding there was such preparation made in +London, that if they were willing to lose the honour +of being concurrent with him, he was able to do it +himself, and did intend speedily to put it into execution. +I asked him what forces he had? He said +he had enough. Says I, What are you assured of? +Says he, There is above ten thousand brisk boys are +ready to follow me, whenever I hold up my finger. +Says I, How have you methoded this, that they +should not be crushed, for there will be a great force +to oppose you? Yes, he answered, but they would +possess themselves of the gates; and these ten +thousand men in 24 hours would be multiplied into +five times the number, and be able to make a sally +out, and possess themselves of Whitehall, by beating +the guards. I told him this was a fair story, and I +had reason to think a man of his figure would not<span class="pagenum"><a name="Page_19" id="Page_19">[Pg 19]</a></span> +undertake a thing that might prove so fatal, unless it +were laid on a foundation that might give a prudent +man ground to hope it would be successful.</p> + +<p>He said he was certain of it, but confessed it was a +great disappointment that these lords had failed him. +I told him, I was not provided with an answer at that +time; that he well knew me, and knew the general +frame and bent of my spirit. But I told him, I +looked upon it as dangerous, and ought to be laid +deep, and to be very well weighed and considered of: +and did not think it a thing fit to be entered upon, +without the concurrence of those lords. He did +consent, with much ado, but, says he, you will find +they will wave it, and give doubtful and deferring +answers, but you will find this a truth.</p> + +<p>I went to Moor Park next day, where the Duke of +Monmouth was, and told him the great complaint my +lord Shaftesbury had made, that he failed him. Says +he, I think he is mad; I was so far from giving him +any encouragement, that I did tell him from the +beginning, and so did my lord Russell, there was +nothing to be done by us in the country at that time. +I did not then own that I had seen my lord, but spake +as if this were brought me by a third person, because +he had not given me liberty to tell them where his +lodging was. Says I, My lord, I shall be able to give +a better account of this in a day or two: Shall I +convey it to my lord, that you are willing to give a +meeting? Yes, says he, with all my heart. This was +the 2nd, 3rd, or 4th of Oct.</p> + +<p>I came to town on Saturday, and was carried to +him on Monday; and I suppose this was Tuesday the +2nd of October. On Wednesday I think I went to +him again (but it is not very material) and told him<span class="pagenum"><a name="Page_20" id="Page_20">[Pg 20]</a></span> +I had been with the duke of Monmouth and given +him a punctual account of what I had from him; and +the duke did absolutely disown any such thing, and +told me, he never did give him any encouragement to +proceed that way, because the countries were not in +a disposition for action, nor could be put in readiness +at that time. Says my lord Shaftesbury, It is false: +they are afraid to own it. And, says he, I have +reason to believe, there is some artificial bargain +between his father and him, to save one another: +for when I have brought him to action, I could +never get him to put on, and therefore I suspect +him: and, says he, several honest men in the city +have puzzled me, in asking how the duke of Monmouth +lived: says he, They puzzled me, and I could +not answer the question; for I know he must have +his living from the King; and says he, we have +different prospects; we are for a Commonwealth and +he hath no other design but his own personal interest, +and that will not go down with my people now (so he +called them), they are all for a commonwealth: and +then, says he, It is to no purpose for me to see him; +it will but widen the breach, and I dare not trust him +to come hither. Says I, My lord, that's a good one +indeed! dare not you trust him, and yet do you send +me to him on this errand? Nay, says he, it is because +we have had some misunderstanding of late; but I +believe he is true enough to the interest. Says I, It +is a great unhappiness to take this time to fall out, +and I think it is so great a design, that it ought to be +undertaken with the greatest strength and coalition +in the kingdom. Says he, My friends are now gone +so far, that they can't pull their foot back again +without going further; for, says he, it hath been<span class="pagenum"><a name="Page_21" id="Page_21">[Pg 21]</a></span> +communicated to so many that it is impossible to +keep it from taking air, and it must go on. Says he, +We are not so unprovided as you think for; there are +so many men, that you will find as brisk men as any +in England. Besides we are to have 1000 or 1500 +horse, that are to be drawn by insensible parties into +town, that when the insurrection is, shall be able to +scour the streets and hinder them from forming their +forces against us. My lord, after great inlargement +upon this head, and heads of the like nature, I told +him I would not leave him thus, and that nothing +should satisfy me, but an interview between him and +the lords. No, I could not obtain it: but if I would +go and tell them what a forwardness he was in, and +that, if they would do themselves right, by putting +themselves upon correspondent action in their respective +places, and where their interest lay, well; +otherwise he would go away without them: So I +went again to the Duke of Monmouth, I spake to him +only (I never spake to my lord Russell then, only we +were together, but I had never come to any close +conjunction of counsels in my life with him at that +time). Says I to the duke, This man is mad, and his +madness will prove fatal to us all; he hath been in a +fright by being in the tower, and carries those fears +about him that cloud his understanding. I think his +judgment hath deserted him, when he goes about with +those strange sanguine hopes that I can't see what +should support him in the ground of them.</p> + +<p>Therefore says I, Pray will you give him a meeting? +God-so says the duke, with all my heart, and I desire +nothing more. Now I told him, I had been with my +lord Shaftesbury, with other inlargements that I need +not trouble your lordship with; well, says he, pray<span class="pagenum"><a name="Page_22" id="Page_22">[Pg 22]</a></span> +go to him, and try if it be possible to get a meeting; +so I went to him and told him; Says I, This is a great +unhappiness and it seems to be a great absurdity, that +you are so forward to act alone in such a thing as +this. Pray, says I, without any more to do, since you +have this confidence to send for me, let me prevail +with you to meet them, and give them an interview, +or else you and I must break. I will no longer hold +any correspondence, unless it be so. Says he, I tell +you they will betray me. In short he did with much +importunity yield that he would come out the next +night in a disguise. By this time it was Saturday, +I take it to be the 6th of Oct.: an almanac will settle +that: so the next night being Sunday and the shops +shut, he would come out in a concealment, be carried +in a coach, and brought to his own house, which he +thought then was safest. I came and gave the duke +of Monmouth an account of it; the duke I suppose +conveyed the same understanding to my lord Russell; +and I suppose both would have been there accordingly, +to have given the meeting: but next morning I found +colonel Rumsey had left a note at my house, that the +meeting could not be that day. Then I went to the +duke of Monmouth and he had had the account +before, that my lord Shaftesbury did apprehend himself +to be in some danger in that house, and that the +apprehension had occasioned him to remove; but we +should be sure to hear from him in two or three +days. We took it as a waiver, and thought he did +from thence intend to abscond himself from us, and it +proved so to me, for from that time I never saw him. +But captain Walcot came to me, and told me, that +he was withdrawn, but it was for fear his lodging +might be discovered, but he did not doubt but in a<span class="pagenum"><a name="Page_23" id="Page_23">[Pg 23]</a></span> +week he would let me know where his lodging was: +but told me within such a time, which I think was +eight or ten days, there would be a rising; and I told +the duke of Monmouth and I believe he told my +lord Russell; and we believed his frenzy was now +grown to that height, that he would rise immediately +and put his design into execution: so we endeavoured +to prevent it, upon which my lord Russell (I was +told) and the duke of Monmouth, did force their way +to my lord Shaftesbury's and did persuade him to put +off the day of his rendezvous. I had not this from my +lord Russell, for I had not spoke a word to him: but +the duke told me my lord Russell had been with him +(I had indeed an intimation, that he had been with +him but the duke told me, says he, I have not been +with him, but my lord Russell was, having been conveyed +by colonel Rumsey). After this day was put +off, it seems it was put off with this condition, that +those lords and divers others should be in a readiness +to raise the country about that day fortnight, or +thereabouts; for there was not above a fortnight's +time given: and, says the duke of Monmouth, we +have put it off but now we must be in action, for +there is no holding it off any longer. And says he, I +have been at Wapping all night, and I never saw a +company of bolder and brisker fellows in my life; +and says he, I have been round the Tower and seen +the avenues of it; and I do not think it will be hard, +in a little time, to possess ourselves of it; but says +he, they are in the wrong way, yet we are engaged to +be ready for them in a fortnight, and therefore, says +he, now we must apply ourselves to it as well as we +can. And thereupon I believe they did send into the +country and the duke of Monmouth told me he spake<span class="pagenum"><a name="Page_24" id="Page_24">[Pg 24]</a></span> +to Mr. Trenchard, who was to take particular care +of Somersetshire, with this circumstance; Says he, I +thought Mr. Trenchard had been a brisker fellow; +for when I told him of it, he looked so pale, I thought +he would have swooned, when I brought him to the +brink of action; and said, I pray go and do what you +can among your acquaintance; and truly I thought it +would have come then to action. But I went the next +day to him, and he said it was impossible, they could +not get the gentlemen of the country to stir yet.</p> + +<p><span class="smcap">Lord Russell</span>—My lord, I think I have very hard +measure, here is a great deal of evidence by hearsay.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—This is nothing against you, I +declare it to the jury.</p> + +<p><span class="smcap">Attorney-General</span>—If you please, my lord, go on +in the method of time. This is nothing against you, +but it's coming to you, if your lordship will have +patience, I assure you.</p> + +<p><span class="smcap">Lord Howard</span>—This is just in the order it was +done. When this was put off, then they were in a +great hurry; and Captain Walcot had been several +times with me, and discoursed of it. But upon this +disappointment they said, it should be the dishonour +of the lords, that they were backward to perform their +parts; but still they were resolved to go on. And +this had carried it to the latter end of October. About +the 17th or 18th captain Walcot came to me, and +told me, now they were resolved positively to rise, and +did believe that a smart party might perhaps meet with +some great men<a name="FNanchor_16_16" id="FNanchor_16_16"></a><a href="#Footnote_16_16" class="fnanchor">[16]</a>. Thereupon I told the duke of it; +I met him in the street and went out of my own<span class="pagenum"><a name="Page_25" id="Page_25">[Pg 25]</a></span> +coach into his, and told him there was some dark +intimation, as if there might be some attempt upon +the king's person; with that he struck his breast +with a great emotion of spirit, and said, God-so, kill +the king! I will never suffer that. Then he went +to the play-house to find sir Thomas Armstrong and +send him up and down the city to put it off, as they +did formerly; and it was done with that success, that +we were all quieted in our minds, that at that time +nothing would be done: but upon the day the king +came from Newmarket, we dined together; the duke +of Monmouth was one, and there we had a notion +conveyed among us, that some bold action should be +done that day; which comparing it with the king's +coming, we concluded it was designed upon the king. +And I remember my lord Grey, says he, By God, if +they do attempt any such thing, it can't fail. We +were in great anxiety of mind, till we heard the king's +coach was come in, and sir Thomas Armstrong not +being there, we apprehended that he was to be one of +the party (for he was not there). This failing, it was +then next determined (which was the last alarum and +news I had of it), to be done upon the 17th of +November, the anniversary of queen Elizabeth; and +I remember it by this remark I made myself, that +I feared it had been discovered, because I saw a proclamation +a little before forbidding public bonfires +without leave of my lord mayor. It made some +impressions upon me that I thought they had got an +intimation of our intention, and had therefore forbid +that meeting. This therefore of the 17th of November +being also disappointed, and my lord Shaftesbury, +being told things were not ripe, in the country, took +shipping and got away: and from that time I heard<span class="pagenum"><a name="Page_26" id="Page_26">[Pg 26]</a></span> +no more of him till I heard he was dead. Now, Sir, +after this, we all began to lie under the same sense +and apprehensions that my lord Shaftesbury did, that +we had gone so far, and communicated it to so many, +that it was unsafe to make a retreat; and this being +considered, it was also considered, that so great an +affair as that was, consisting of such infinite particulars, +to be managed with so much fineness, and to +have so many parts, it would be necessary, that there +should be some general council, that should take upon +them the care of the whole. Upon these thoughts we +resolved to erect a little Cabal among ourselves, which +did consist of six persons; and the persons were the +duke of Monmouth, my lord of Essex, my lord Russell, +Mr. Hambden junr., Algernone Sidney, and myself.</p> + +<p><span class="smcap">Attorney-General</span>—About what time was this, +when you settled this council?</p> + +<p><span class="smcap">Lord Howard</span>—It would have been proper for me +in the next place to tell you that, and I was coming +to it. This was about the middle of Jan. last (as near +as I can remember); for about that time we did meet +at Mr. Hambden's house.</p> + +<p><span class="smcap">Attorney-General</span>—Name those that met.</p> + +<p><span class="smcap">Lord Howard</span>—All the persons I named before; +that was the duke of Monmouth, my lord of Essex, +my lord Russell, col. Sidney; Mr. Hambden junr., +and myself; when we met there, it was presently +agreed what their proper province was, which was +to have a care of the whole; and therefore it was +necessary some general things should fall under our +care and conduct which could not possibly be conducted +by individual persons. The things that did +principally challenge this care, we thought were +these: Whether the insurrection was most proper<span class="pagenum"><a name="Page_27" id="Page_27">[Pg 27]</a></span> +to be begun in London, or in the country, or both +at one instant. This stood upon several different +reasons: It was said in the country; and I remember +the Duke of Monmouth insisted upon it, that it was +impossible to oppose a formed, well-methodized and +governed force, with a rabble hastily got together; +and therefore whatever number could be gathered in +the city, would be suppressed quickly, before they +could form themselves: therefore it would be better +to begin it at such a distance from the town, where +they might have an opportunity of forming themselves, +and would not be subject to the like panic fear, as +in the town, where half an hour would convey the +news to those forces that in another half hour would +be ready to suppress them.</p></div> + +<p>It was further suggested that if the meeting +was remote from London, the King must either +give an opportunity for a rising there by withdrawing +troops, or else give the insurgents time +to gather head. Other questions discussed were +what counties and towns were the fittest for +action, what arms were necessary, how the +£20,000 or £30,000 which the Duke of Monmouth +considered necessary for the rising were to be +raised; lastly and chiefly how to 'order it, as to +draw Scotland into a consent with us.' Another +meeting was held ten days afterwards at Lord +Russell's, when the same persons were present. +It was then decided to send messengers to Lord +Argyle 'to settle an understanding with him, +and others to invite to England persons' that<span class="pagenum"><a name="Page_28" id="Page_28">[Pg 28]</a></span> +were judged most able to understand the state +of Scotland, and give an account of it. Aaron +Smith<a name="FNanchor_17_17" id="FNanchor_17_17"></a><a href="#Footnote_17_17" class="fnanchor">[17]</a> was accordingly sent to Sir John +Cochram<a name="FNanchor_18_18" id="FNanchor_18_18"></a><a href="#Footnote_18_18" class="fnanchor">[18]</a>, Lord Melvile<a name="FNanchor_19_19" id="FNanchor_19_19"></a><a href="#Footnote_19_19" class="fnanchor">[19]</a>, and Sir —— Campbell, +and received sixty guineas from Algernon Sidney +for his expenses. It was agreed that the conspirators +should not meet together again till +Aaron Smith's return. His absence for a month +caused some apprehensions; 'but if his letters +had miscarried, it could have done no great +hurt, for it carried only a kind of cant in it;<span class="pagenum"><a name="Page_29" id="Page_29">[Pg 29]</a></span> +it was under the disguise of a plantation in +Carolina.'</p> + +<div class="blockquot"><p><span class="smcap">Attorney-General</span>—You are sure my lord Russell +was there?</p> + +<p><span class="smcap">Lord Howard</span>—Yes, sir; I wish I could say he was +not.</p> + +<p><span class="smcap">Attorney-General</span>—Did he sit there as a cypher? +What did my lord say?</p> + +<p><span class="smcap">Lord Howard</span>—Every one knows my lord Russell +is a person of great judgment, and not very lavish in +discourse.</p> + +<p><span class="smcap">Serjeant Jeffreys</span>—But he did consent?</p> + +<p><span class="smcap">Lord Howard</span>—We did not put it to the vote, but +it went without contradiction, and I took it that all +there gave their consent.</p> + +<p><span class="smcap">Solicitor-General</span>—The raising of money you +speak of, was that put into in any way?</p> + +<p><span class="smcap">Lord Howard</span>—No, but every man was to put +themselves upon thinking of such a way, that money +might be collected without administering jealousy.</p> + +<p><span class="smcap">Attorney-General</span>—Were there no persons to +undertake for a fund?</p> + +<p><span class="smcap">Lord Howard</span>—No, I think not. However it was +but opinion, the thing that was said was jocosely, +rather than anything else, that my lord of Essex had +dealing in money, and therefore he was thought the +most proper person to take care of those things; but +this was said rather by way of mirth, than otherwise.</p></div> + +<p>Howard then withdrew to Essex to see after +some private affairs; on returning to town he +heard that Smith had returned with Sir John +Cochram but did not see them. He then went<span class="pagenum"><a name="Page_30" id="Page_30">[Pg 30]</a></span> +to Bath and had nothing more to do with the +conspiracy.</p> + +<div class="blockquot"><p><span class="smcap">Lord Chief-Justice</span>—My lord Russell, now if your +lordship pleases, is the time for you to ask him any +questions.</p> + +<p><span class="smcap">Lord Russell</span>—The most he hath said of me, my +lord, is only hearsay; the two times we met, it was +upon no formed design, only to talk of news, and +talk of things in general.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—But I will tell you what it is +he testifies, that comes nearest your lordship, that +so you may consider of it, if you will ask any questions. +He says after my lord Shaftesbury went off +(all before is but inducement, as to anything that +concerns your lordship, and does not particularly +touch you; after his going away he says) the party +concerned with my lord Shaftesbury did think fit to +make choice of six persons to carry on the design +of an insurrection or rising, as he calls it, in the +kingdom; and that to that purpose, choice was made +of the Duke of Monmouth, my lord of Essex, your +lordship, my lord Howard, colonel Sidney, and Mr. +Hambden.</p> + +<p><span class="smcap">Lord Russell</span>—Pray my lord, not to interrupt +you, by what party (I know no party) were they +chosen?</p> + +<p><span class="smcap">Lord Howard</span>—It is very true, we were not chosen +by community, but did erect ourselves by mutual +agreement, one with another, into this society.</p> + +<p><span class="smcap">Lord Russell</span>—We were people that did meet very +often.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—Will your lordship please to +have any other questions asked of my lord Howard?<span class="pagenum"><a name="Page_31" id="Page_31">[Pg 31]</a></span></p> + +<p><span class="smcap">Lord Russell</span>—He says it was a formed design, +when we met about no such thing.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—He says that you did consult +among yourselves, about the raising of men, and +where the rising should be first, whether in the city +of London, or in more foreign parts, that you had +several debates concerning it; he does make mention +of some of the duke of Monmouth's arguments for +its being formed in places from the city; he says +you did all agree, not to do anything further in it, +till you had considered how to raise money and arms: +and to engage the kingdom of Scotland in this business +with you, that it was agreed among you that a +messenger should be sent into the kingdom of Scotland. +Thus far he goes upon his own knowledge, +as he saith; what he says after, of sending a messenger, +is by report only.</p> + +<p><span class="smcap">Attorney-General</span>—I beg your pardon, my lord.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—It is so, that which he heard +concerning the sending of Aaron Smith.</p> + +<p><span class="smcap">Attorney-General</span>—Will you ask him any questions?</p> + +<p><span class="smcap">Lord Russell</span>—We met, but there was no debate +of any such thing, nor putting anything in method. +But my lord Howard is a man that hath a voluble +tongue, talks very well, and is full of discourse, and +we were delighted to hear him.</p> + +<p><span class="smcap">Attorney-General</span>—I think your lordship did +mention the Campbells?</p> + +<p><span class="smcap">Lord Howard</span>—I did stammer it out, but not +without a parenthesis, it was a person of the alliance, +and I thought of the name of the Argyles.</p></div> + +<p><i>Atterbury</i> was called, and swore that Sir<span class="pagenum"><a name="Page_32" id="Page_32">[Pg 32]</a></span> +Hugh Campbell was in his custody; was captured +'making his escape out of a woodmonger's house, +both he and his son'; he owned that he had +been in London four days, and that he and his +son and Bailey came to town together.</p> + +<p class="center"><i>West<a name="FNanchor_20_20" id="FNanchor_20_20"></a><a href="#Footnote_20_20" class="fnanchor">[20]</a> was then called and sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Attorney-General</span>—That which I call you to, is +to know whether or no, in your managery of this plot, +you understand any of the lords were concerned, and +which.</p> + +<p><span class="smcap">Mr. West</span>—My lord, as to my lord Russell, I +never had any conversation with him at all, but +that I have heard this, that in the insurrection in +November, Mr. Ferguson and colonel Rumsey did +tell me that my lord Russell intended to go down and +take his post in the West, when Mr. Trenchard had +failed them.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—What is this?</p> + +<p><span class="smcap">Attorney-General</span>—We have proved my lord +privy to the consults; now we go about to prove the +under-actors did know it.</p> + +<p><span class="smcap">West</span>—They always said my lord Russell was the +man they most depended upon, because he was a +person looked upon as of great sobriety.</p> + +<p><span class="smcap">Lord Russell</span>—Can I hinder people from making +use of my name? To have this brought to influence<span class="pagenum"><a name="Page_33" id="Page_33">[Pg 33]</a></span> +the gentlemen of the jury, and inflame them against +me, is hard.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—As to this, the giving evidence +by hearsay will not be evidence; what colonel +Rumsey, or Mr Ferguson told Mr. West, is no +evidence.</p> + +<p><span class="smcap">Attorney-General</span>—It is not evidence to convict +a man, if there were not plain evidence before; but it +plainly confirms what the other swears: but I think +we need no more.</p> + +<p><span class="smcap">Jeffreys</span>—We have evidence without it, and will not +use anything of garniture; we will leave it as it is, +we won't trouble your lordship any further. I think, +Mr. Attorney, we have done with our evidence.</p></div> + +<p>The Lord Chief-Justice then recapitulated the +evidence given against Lord Russell, dwelling +particularly on the traitorous character of Rumsey's +message, Russell's privity to Trenchard's +rising, the alleged written declaration, and the +consultations as to the best method of effecting +a rising, and finally called on Lord Russell to +make his defence.</p> + +<div class="blockquot"><p><span class="smcap">Lord Russell</span>—My lord, I cannot but think myself +mighty unfortunate, to stand here charged with so +high and heinous a crime, and that intricated and +intermixed with the treasons and horrid practices +and speeches of other people, the king's counsel +taking all advantages, and improving and heightening +things against me. I am no lawyer, a very unready +speaker, and altogether a stranger to things of this +nature, and alone, and without counsel. Truly, my<span class="pagenum"><a name="Page_34" id="Page_34">[Pg 34]</a></span> +lord, I am very sensible, I am not so provided to make +my just defence, as otherwise I should do. But, my +lord, you are equal, and the gentlemen of the jury, I +think, are men of consciences; they are strangers to +me, and I hope they value innocent blood, and will +consider the witnesses that swear against me, swear +to save their own lives; for howsoever legal witnesses +they may be accounted, they can't be credible. And +for col. Rumsey, who it is notoriously known hath +been so highly obliged by the king, and the duke, +for him to be capable of such a design of murdering +the king, I think nobody will wonder, if to save +his own life, he will endeavour to take away mine; +neither does he swear enough to do it; and then if he +did, the time by the 13th of this king, is elapsed, it +must be as I understand by the law, prosecuted within +six months; and by the 25 Edw. <span class="small">III.</span> a design of +levying war is no treason, unless by some overt-act +it appear.<a name="FNanchor_21_21" id="FNanchor_21_21"></a><a href="#Footnote_21_21" class="fnanchor">[21]</a> And, my lord, I desire to know, what +statute I am to be tried upon; for generals, I think, +are not to be gone upon in these cases.</p></div> + +<p>The <i>Attorney-General</i> replies that they are +proceeding under the Statute of 25 Edward <span class="small">III.</span>; +that he does not contend that a design to levy +war is treason, but to prepare forces to fight +against the King is a design within the Statute +to kill the King; 'to design to depose the King, +to imprison the King, to raise the subjects<span class="pagenum"><a name="Page_35" id="Page_35">[Pg 35]</a></span> +against the King, these have been settled by +several resolutions to be within that Statute, +and evidences of a design to kill the King.'<a name="FNanchor_22_22" id="FNanchor_22_22"></a><a href="#Footnote_22_22" class="fnanchor">[22]</a> +A man cannot be convicted of treason by one +witness only, but several witnesses to several +acts which manifest the same treason are +sufficient.</p> + +<div class="blockquot"><p><span class="smcap">Jeffreys</span>—If my lord will call his witnesses——</p> + +<p><span class="smcap">Lord Russell</span>—This is tacking of two treasons together; +here is one in November by one witness, +and then you bring in another with a discourse of +my lord Howard, and he says the discourse passed +for pleasure.</p></div> + +<p>The Lord Chief-Justice and Jeffreys point out +that it has been settled that the two witnesses +required in treason may be witnesses to different +acts, and that if Lord Russell admits the facts +his counsel may be heard on the point of law.</p> + +<p><span class="pagenum"><a name="Page_36" id="Page_36">[Pg 36]</a></span></p><div class="blockquot"><p><span class="smcap">Lord Chief-Justice</span>—My lord, to hear your counsel +concerning this fact, that we cannot do, it was never +done, nor will be done. If your lordship doubts +whether this fact is treason or not, and desires your +counsel may be heard to that, I will do it.</p> + +<p><span class="smcap">Solicitor-General</span>—Will your lordship please to +call any witness to the matter of fact?</p> + +<p><span class="smcap">Lord Russell</span>—It is very hard a man must lose his +life upon hearsay. Colonel Rumsey says he brought +a message which I will swear I never heard nor knew +of. He does not say he spake to me, or I gave him +any answer. Mr. Sheppard remembers no such thing; +he was gone to and again. Here is but one witness, +and seven months ago.</p> + +<p><span class="smcap">Attorney-General</span>—My lord, if there is anything +that is law, you shall have it</p> + +<p><span class="smcap">Lord Russell</span>—My lord, colonel Rumsey, the other +day before the king [the information of Rumsey is +signed by the Duke of Abermarle and Sir Leoline +Jenkins, Secretary of State] could not say that I +heard it, I was in the room, but I came in late, they +had been there a good while; I did not stay above a +quarter of an hour tasting sherry with Mr. Sheppard.</p></div> + +<p>Here some of the judges desired that 25 +Edw. <span class="small">III.</span> c. 2 should be read, which was done. +The material parts of it declare 'that whereas +divers opinions have been before this time, in +what case treason shall be said, and in what +not ... when a man doth compass or imagine +the death of our lord the king ... or if a man +do levy war against our lord the king in his +realm, or be adherent to the king's enemies in +his realm, giving to them aid and comfort in<span class="pagenum"><a name="Page_37" id="Page_37">[Pg 37]</a></span> +the realm, or elsewhere, and thereof be provable +attainted of open deed by people of their +condition,' it is treason. On this the point of law +is re-discussed with the same result as before.</p> + +<div class="blockquot"><p><span class="smcap">Lord Russell</span>—I do not know how to answer it. +The points methinks must be quite otherwise, that +there should be two witnesses to one thing at the +same time.</p> + +<p><span class="smcap">Attorney-General</span>—Your lordship remembers, in +my lord Stafford's case, there was but one witness to +one act in England, and another to another in France.</p> + +<p><span class="smcap">Lord Russell</span>—It was to the same point.</p> + +<p><span class="smcap">Attorney-General</span>—To the general point, the +lopping point.</p> + +<p><span class="smcap">Lord Russell</span>—I can prove I was out of town when +one of these meetings was; but Mr. Sheppard cannot +recollect the day, for I was out of town all that time. +I never was but once at Mr. Sheppard's and there was +nothing undertaken of viewing the guards while I was +there. Col. Rumsey, can you swear positively, that +I heard the message, and gave any answer to it?</p> + +<p><span class="smcap">Lord Chief-Justice</span> (to Col. Rumsey)—Sir, did +my lord Russell hear you when you delivered the +message to the company? Were they at the table, +or where were they?</p> + +<p><span class="smcap">Colonel Rumsey</span>—When I came in they were standing +at the fireside; but they all came from the fireside +to hear what I said.</p> + +<p><span class="smcap">Lord Russell</span>—Col. Rumsey was there when I +came in.</p> + +<p><span class="smcap">Colonel Rumsey</span>—No, my lord. The duke of Monmouth +and my lord Russell went away together; and +my lord Grey, and sir Thomas Armstrong.<span class="pagenum"><a name="Page_38" id="Page_38">[Pg 38]</a></span></p> + +<p><span class="smcap">Lord Russell</span>—The duke of Monmouth and I came +together, and you were standing at the chimney +when I came in; you were there before me. My +lord Howard hath made a long narrative here of +what he knew. I do not know when he made it, or +when he did recollect anything; 'tis but very lately, +that he did declare and protest to several people, that +he knew nothing against me, nor of any Plot I could +in the least be questioned for.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—If you will have any witnesses +called to that, you shall, my lord.</p> + +<p><span class="smcap">Lord Russell</span>—My lord Anglesey, and Mr. Edward +Howard.</p> + +<p>My lord Anglesey stood up.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—My lord Russell, what do you +ask my lord Anglesey?</p> + +<p><span class="smcap">Lord Russell</span>—To declare what my lord Howard +told him about me, since I was confined.</p> + +<p><span class="smcap">Lord Anglesey</span>—My lord, I chanced to be in town the +last week; and hearing my lord of Bedford was in some +distress and trouble concerning the affliction of his +son, I went to give him a visit, being my old acquaintance, +of some 53 years' standing, I believe; for my lord +and I were bred together at Maudlin College in Oxon; +I had not been there but a very little while, and was +ready to go away again, after I had done the good +office I came about; but my lord Howard came in, +I don't know whether he be here.</p> + +<p><span class="smcap">Lord Howard</span>—Yes, here I am to serve your lordship.</p> + +<p><span class="smcap">Lord Anglesey</span>—And sat down on the other side +of my lord of Bedford, and he began to comfort my +lord; and the arguments he used for his comfort, +were, my lord, you are happy in having a wise son,<span class="pagenum"><a name="Page_39" id="Page_39">[Pg 39]</a></span> +and a worthy person, one that can never sure be in +such a Plot as this, or suspected for it, and that may +give your lordship reason to expect a very good issue +concerning him. I know nothing against him, or any +body else, of such a barbarous design, and therefore +your lordship may be comforted in it. I did not hear +this only from my lord Howard's mouth, but at my +own home on the Monday after, for I used to go to +Totteridge for fresh air; I went down on Saturday, +this happened to be on Friday (my lord being here, +I am glad, for he cannot forget this discourse); and +when I came to town on Monday I understood that +my lord Howard upon that very Sunday had been +church with my lady Chaworth. My lady has a +chaplain it seems that preaches there and does the +offices of the church; but my lady came to me in +the evening. This I have from my lady——</p> + +<p><span class="smcap">Lord Chief-Justice</span>—My lord, what you have from +my lady is no kind of evidence at all.</p> + +<p><span class="smcap">Lord Anglesey</span>—I don't know what my lord is, I +am acquainted with none of the evidence, nor what +hath been done; But my lady Chaworth came to me, +and acquainted me there was some suspicion——</p> + +<p><span class="smcap">Jeffreys</span>—I don't think it fit for me to interrupt a +person of your honour, my lord, but your lordship +knows in what place we stand here: What you can +say of anything you heard of my lord Howard, we are +willing to hear, but the other is not evidence. As the +court will not let us offer hearsays, so neither must +we that are for the king permit it.</p> + +<p><span class="smcap">Lord Anglesey</span>—I have told you what happened in +my hearing.</p></div> + +<p><i>Mr. Howard</i> was then called, and after describ<span class="pagenum"><a name="Page_40" id="Page_40">[Pg 40]</a></span>ing +steps he took to prevail on Lord Howard to +come over to the King's side, when 'I sometimes +found my lord very forward and sometimes +softened him'; and continuing—</p> + +<div class="blockquot"><p><span class="smcap">Lord Chief-Justice</span>—Pray apply yourself to the +matter you are called for.</p> + +<p><span class="smcap">Mr. Howard</span>—This it may be is to the matter, +when you have heard me: for I think I know where +I am, and what I am to say.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—We must desire you not to +go on thus.</p> + +<p><span class="smcap">Mr. Howard</span>—I must satisfy the world, as well as +I can, as to myself, and my family, and pray do not +interrupt me. After this, my lord, there never passed +a day for almost——</p> + +<p><span class="smcap">Lord Chief-Justice</span>—Pray speak to this matter.</p> + +<p><span class="smcap">Howard</span>—Sir, I am coming to it.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—Pray, Sir, be directed by the +Court.</p> + +<p><span class="smcap">Howard</span>—Then now, sir, I will come to the thing. +Upon this ground I had of my lord's kindness, I +applied myself to my lord in this present issue, on +the breaking out of this Plot. My lord, I thought +certainly, as near as I could discern him (for he took +it upon his honour, his faith, and as much as if he +had taken an oath before a magistrate), that he knew +nothing of any man concerned in this business, and +particularly of my lord Russell, whom he vindicated +with all the honour in the world. My lord, it is +true, was afraid of his own person, and as a friend +and a relation I concealed him in my own house, and +I did not think it was for such a conspiracy, but I +thought he was unwilling to go to the Tower for<span class="pagenum"><a name="Page_41" id="Page_41">[Pg 41]</a></span> +nothing again;<a name="FNanchor_23_23" id="FNanchor_23_23"></a><a href="#Footnote_23_23" class="fnanchor">[23]</a> so that if my lord has the same soul +on Monday, that he had on Sunday, this cannot be +true, that he swears against my lord Russell.</p> + +<p><span class="smcap">Lord Russell</span>—Call Dr. Burnet.<a name="FNanchor_24_24" id="FNanchor_24_24"></a><a href="#Footnote_24_24" class="fnanchor">[24]</a></p> + +<p><span class="pagenum"><a name="Page_42" id="Page_42">[Pg 42]</a></span></p><p><span class="smcap">Lord Russell</span>—Pray, Dr. Burnet, did you hear +anything from my lord Howard, since the Plot was +discovered, concerning me?</p> + +<p><span class="smcap">Dr. Burnet</span>—My lord Howard was with me the +night after the Plot broke out, and he did then, as he +had done before, with hands and eyes lifted up to +heaven, say he knew nothing of any Plot, nor believed +any; and treated it with scorn and contempt.</p> + +<p><span class="smcap">Lord Howard</span>—My lord, may I speak for myself?</p> + +<p><span class="smcap">Jeffreys</span>—No, no, my lord, we don't call you.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—Will you please to have any +other witnesses called?</p> + +<p><span class="smcap">Lord Russell</span>—There are some persons of quality +that I have been very well acquainted and conversed +with. I desire to know of them, if there was anything +in my former carriage to make them think me like to +be guilty of this? My lord Cavendish.</p> + +<p><span class="smcap">Lord Cavendish</span>—I had the honour to be acquainted +with my lord Russell a long time. I always thought +him a man of great honour, and too prudent and wary +a man to be concerned in so vile and desperate a +design as this, and from which he would receive so +little advantage; I can say nothing more, but that +two or three days since the discovery of this plot upon +discourse about Col. Rumsey my lord Russell did +express something, as if he had a very ill opinion +of the man, and therefore it is not likely he would +entrust him with such a secret.</p> + +<p><span class="smcap">Lord Russell</span>—Dr. Tillotson.<a name="FNanchor_25_25" id="FNanchor_25_25"></a><a href="#Footnote_25_25" class="fnanchor">[25]</a></p> +<p><span class="pagenum"><a name="Page_43" id="Page_43">[Pg 43]</a></span></p> +<p><span class="smcap">Lord Chief-Justice</span>—What questions would you +ask him, my lord?</p> + +<p><span class="smcap">Lord Russell</span>—He and I happened to be very conversant. +To know whether he did ever find anything +tending to this in my discourse.</p> + +<p><span class="smcap">Lord Chief-Justice</span>—My lord calls you as to his +life, and conversation and reputation.</p> + +<p><span class="smcap">Dr. Tillotson</span>—My lord, I have been many years +last past acquainted with my lord Russell, I always +judged him a person of great virtue and integrity, +and by all the conversation and discourse I ever had +with him, I always took him to be a person very far +from any such wicked design he stands charged with.</p> + +<p><span class="smcap">Lord Russell</span>—Dr. Burnet, if you please to give +some account of my conversation.</p> + +<p><span class="smcap">Dr. Burnet</span>—My lord, I have had the honour to<span class="pagenum"><a name="Page_44" id="Page_44">[Pg 44]</a></span> +be known to my lord Russell several years, and he +hath declared himself with much confidence to me, +and he always upon all occasions expressed himself +against all risings; and when he spoke of some people +would provoke to it, he expressed himself so determined +against that matter that I think no man could +do more.</p></div> + +<p><i>Dr. Thomas Cox</i> was then called and said that +having seen a great deal of Lord Russell during +the six weeks 'before this plot came out,' he had +always found him against all kind of risings; he +expressed distrust of Rumsey.</p> + +<div class="blockquot"><p>He said, for my lord Howard, he was a man of +excellent parts, of luxuriant parts, but he had the +luck not to be much trusted by any party.</p></div> + +<p>The <i>Duke of Somerset</i> spoke shortly as to Lord +Russell's honour, loyalty, and justice.</p> + +<div class="blockquot"><p><span class="smcap">Foreman of the Jury</span>—The gentlemen of the jury +desire to ask my lord Howard something upon the +point my lord Anglesey testified, and to know what +answer he makes to lord Anglesey.</p> + +<p><span class="smcap">Lord Chief-Baron</span>—My lord, what say you to it, +that you told his father that he was a discreet man, +and he needed not to fear his engagement in any such +thing?</p> + +<p><span class="smcap">Lord Howard</span>—My lord, if I took it right my lord +Anglesey's testimony did branch itself into two parts, +one of his own knowledge, and the other by hearsay; +as to what he said of his own knowledge, when I +waited upon my lord of Bedford, and endeavoured to +comfort him concerning his son, I believe I said the<span class="pagenum"><a name="Page_45" id="Page_45">[Pg 45]</a></span> +words my lord Anglesey has given an account of, as +near as I can remember, that I looked upon his lordship +as a man of that honour, that I hoped he might +be secure, that he had not entangled himself in +anything of that nature. My lord, I can hardly be +provoked to make my own defence, lest this noble +lord should suffer, so willing I am to serve my +lord, who knows I cannot want affection for him. My +lord, I do confess I did say it; for your lordship well +knows under what circumstances we were: I was at +that time to outface the thing, both for myself and +my party, and I did not intend to come into this +place, and act this part. God knows how it is brought +upon me, and with what unwillingness I do sustain +it; but my duty to God, the king, and my country +requires it; but I must confess I am very sorry to +carry it on thus far. My lord, I do confess I did say +so, and if I had been to visit my lord Pemberton, I +should have said so. There is none of those that +know my lord Russell, but would speak of my lord +Russell, from those topics of honour, modesty and +integrity, his whole life deserves it. And I must +confess that I did frequently say, there was nothing +of truth in this, and I wish this may be for my lord's +advantage. My lord, will you spare me one thing +more, because that leans hard upon my reputation; +and if the jury believe that I ought not to be believed, +for I do think the religion of an oath is not tied to +a place, but receives its obligation from the appeal +we therein make to God, and, I think, if I called God +and angels to witness to a falsehood, I ought not to +be believed now; but I will tell you as to that; your +lordship knows that every man that was committed, +was committed for a design of murdering the king;<span class="pagenum"><a name="Page_46" id="Page_46">[Pg 46]</a></span> +now I did lay hold on that part, for I was to carry +my knife close between the paring and the apple; +and I did say that if I were an enemy to my lord +Russell, and to the Duke of Monmouth, and were +called to be a witness, I must have declared in the +presence of God and man, that I did not believe either +of them had any design to murder the king. I have +said this, because I would not walk under the character +of a person that would be perjured at the +expense of so noble a person's life, and my own soul.</p></div> + +<p><i>Lord Clifford</i>, <i>Mr. Suton Gore</i>, <i>Mr. Spencer</i>, and +<i>Dr. Fitz-Williams</i> then all gave evidence as to +Lord Russell's character in general terms.</p> + +<div class="blockquot"><p><span class="smcap">Lord Chief-Justice</span>—My lord, does your lordship +call any more witnesses?</p> + +<p><span class="smcap">Lord Russell</span>—No, my lord, I will be very short. +I shall declare to your lordship, that I am one that +have always had a heart sincerely loyal and affectionate +to the king, and the government the best government +in the world. I pray as sincerely for the king's +happy and long life as any man alive; and for me to +go about to raise a rebellion, which I looked upon as +so wicked and unpracticable, is unlikely. Besides, +if I had been inclined to it, by all the observation I +made in the country, there was no tendency to it. +What some hot-headed people have done there, is +another thing. A rebellion cannot be made now as +it has been in former times; we have few great men. +I was always for the government, I never desired +anything to be redressed, but in a parliamentary and +legal way, I have always been against innovations and +all irregularities whatsoever; and shall be as long as<span class="pagenum"><a name="Page_47" id="Page_47">[Pg 47]</a></span> +I live, whether it be sooner or later. Gentlemen, I +am now in your hands eternally, my honour, my life, +and all; and I hope the heats and animosities that +are amongst you will not so bias you, as to make you +in the least inclined to find an innocent man guilty. +I call to witness heaven and earth, I never had a +design against the king's life, in my life, nor never +shall have. I think there is nothing proved against +me at all. I am in your hands. God direct you.</p></div> + +<p>The <i>Solicitor-General</i> then proceeds to sum +up the case against Lord Russell. The treason +alleged against the prisoner is conspiring the +death of the King; the overt act proving the +conspiracy is the assembling in council to raise +arms against the King and raise a rebellion +here. Rumsey was sent by Shaftesbury to +Sheppard's house to ask for news of Trenchard's +rising at Taunton; the message was delivered +in Russell's presence and an answer was given +as from them all that they were disappointed +there, and were not ready to rise. Monmouth, +Grey, and Armstrong went out to inspect the +guards and reported that it was feasible to surprise +them. Russell was present and discussed +a rising with the rest; the rising was to be on +the 19th of November. Sheppard speaks to +Ferguson engaging his rooms on behalf of Monmouth; +there was consequently a private meeting +there which Russell attended. He confirms +Rumsey as to the inspecting of the guards, and +speaks to the reading of a paper, though he<span class="pagenum"><a name="Page_48" id="Page_48">[Pg 48]</a></span> +does not say that Russell was there when it was +read. Lord Howard 'gives you an account of +many things, and many things that he tells you +are by hearsay. But I cannot but observe to +you that all this hearsay is confirmed by these +two positive witnesses.' Shaftesbury told Howard +of the disappointment he had met with from +noble persons who would not join with him; +Howard went from Shaftesbury to Monmouth +to expostulate with him; 'and Monmouth said +he had always told him (? Howard or Shaftesbury) +he would not engage at that time.' This, +says the Solicitor-General, is confirmed by Rumsey's +account of the delivery of his message. +Then follows the abandonment of the rising on +the 19th of November in consequence of the +proclamation forbidding the usual rejoicings on +that occasion, and Shaftesbury's departure, leading +to the formation of the committee of six, of +whom Lord Russell was one, and who at one +meeting discussed the proper place for the rising +and at another how best to obtain assistance +from Scotland. Lord Russell states that he +only came to Sheppard's house by accident, +about some other business, but he came with +Monmouth, and Monmouth came by appointment. +Surely this designed and secret meeting +must have been intended for the purposes for +which it was used. Lord Russell objects that +this evidence proves no more than a conspiracy<span class="pagenum"><a name="Page_49" id="Page_49">[Pg 49]</a></span> +to levy war, which is not treason within +25 Edw. <span class="small">III.</span>, and though it is treason within +13 Car. <span class="small">II.</span>, that statute does not apply because +the prosecution has not taken place within six +months of the offence. But the case is one of +high treason under 25 Edw. <span class="small">III.</span>, because 'to +conspire to levy war, is an overt-act to testify the +design of the death of the King'; as to which +see Lord Cobham's case, 1 Jac.<a name="FNanchor_26_26" id="FNanchor_26_26"></a><a href="#Footnote_26_26" class="fnanchor">[26]</a> A conspiracy +to levy war against the king's person tends to +seizing the King, which has always been taken +to be treason. It may be different in the case +of a conspiracy to levy war by such an act as +overthrowing all inclosures (which is levying +war), which by construction only is against the +King, but such cases are to be distinguished from +the levying of war against the King himself; see +the case of Dr. Story. As was seen in Plunket's<span class="pagenum"><a name="Page_50" id="Page_50">[Pg 50]</a></span><a name="FNanchor_27_27" id="FNanchor_27_27"></a><a href="#Footnote_27_27" class="fnanchor">[27]</a> +case, to invite a foreign invasion is to conspire +the death of the King. Coke, in the passage +before that relied on by Lord Russell, admits +that this is the law. When Coke says that to +levy war is not an overt act for compassing the +death of the King (that is, is not evidence of +such an intention), Sir Henry Vane's case shows +he is wrong.</p> + +<div class="blockquot"><p>As to the killing of the King, I am apt to think +that was below the honour of the prisoner at the +bar ... but this is equal treason; if they designed +only to bring the King into their power, till he had +consented to such things as should be moved in +Parliament, it is equally treason as if they had agreed +directly to assassinate him.</p></div> + +<p>Lord Howard, it is true, testified repeatedly +to Lord Russell's innocence, but was not this the +best way of concealing his own guilt? Surely +Dr. Burnet would look on himself as the last +person to whom conspirators would confess their +crimes.</p> + +<p><i>Jeffreys</i> followed, recapitulating a few of the +facts, but adding nothing to the Solicitor-General's +argument.</p> + +<div class="blockquot"><p><span class="smcap">Lord Chief-Justice</span>—Gentlemen of the jury, the +prisoner at the bar stands indicted before you of<span class="pagenum"><a name="Page_51" id="Page_51">[Pg 51]</a></span> +High treason in compassing and designing the death +of the king, and declaring of it by overt-acts +endeavouring to raise insurrections, and popular +commotions, in the kingdom here. To this he hath +pleaded, Not Guilty. You have heard the evidence +that hath been against him; it hath been at large +repeated by the king's counsel which will take off a +great deal of my trouble in repeating it again. I +know you cannot but take notice of it, and remember +it, it having been stated twice by two of the king's +counsel to you; 'tis long, and you see what the parties +here have proved. There is first of all Col. Rumsey, +he does attest a meeting at Mr. Sheppard's house, and +you hear to what purpose he says it was; the message +that he brought, and the return he had; it was to +enquire concerning a rising at Taunton; and that he +had in return to my lord Shaftesbury was, that Mr. +Trenchard had failed them, and my lord must be +contented; for it could not be that time. You hear +that he does say, that they did design a rising; he +saith there was a rising designed in November, I think +he saith the seventeenth, upon the day of queen +Elizabeth's birth.<a name="FNanchor_28_28" id="FNanchor_28_28"></a><a href="#Footnote_28_28" class="fnanchor">[28]</a> You hear he does say there was at +that meeting some discourse concerning inspecting the +king's guards, and seeing how they kept themselves, +and whether they might be surprised, and this he says +was all in order to a rising. He says, that at this +my lord Russell was present. Mr. Sheppard does say, +that my lord Russell was there; that he came into +this meeting with the duke of Monmouth and he did +go away with the duke of Monmouth he believes. He<span class="pagenum"><a name="Page_52" id="Page_52">[Pg 52]</a></span> +says there was some discourse of a rising or insurrection +that was to be procured within the kingdom: but +he does not tell you the particulars of any thing, he +himself does not. My lord Howard afterwards does +come and tell you of a great discourse he had with my +lord Shaftesbury, in order to a rising in the city of +London; and my lord Shaftesbury did value himself +mightily upon 10,000 men he hoped to raise; and a +great deal of discourse, he had with my lord Shaftesbury. +This he does by way of inducement to what +he says concerning my lord Russell.</p> + +<p>The evidence against him is some consults that +there were by six of them, who took upon them, as +he says, to be a council for the management of the +insurrection, that was to be procured in this kingdom. +He instances in two that were for this purpose, the +one of them at Mr. Hambden's house, the other at +my lord Russell's house. And he tells you at these +meetings, there was some discourse of providing +treasure, and of providing arms; but they came to no +result in these things. He tells you that there was a +design to send for some of the kingdom of Scotland, +that might join with them in this thing. And this +is upon the matter, the substance of the evidence, that +hath been at large declared to you by the king's counsel, +and what you have heard. Now gentlemen, I must +tell you some things it lies upon us to direct you in.</p> + +<p>My lord excepts to these witnesses, because they +are concerned, by their own shewing, in this design. +If there were any, I did direct (some of you might +hear me) yesterday, that that was no sufficient exception +against a man's being an evidence in the case of +treason, that he himself was concerned in it; they are +the most proper persons to be evidence, none being<span class="pagenum"><a name="Page_53" id="Page_53">[Pg 53]</a></span> +able to detect such counsels but them. You have +heard my lord Russell's witnesses that he hath brought +concerning them, and concerning his own integrity +and course of life, how it has been sober and civil, +with a great respect to religion, as these gentlemen +do all testify. Now the question before you will be, +Whether upon this whole matter you do believe my +lord Russell had any design upon the king's life, to +destroy the king, or take away his life, for that is +the material part here. It is used and given you +(by the king's counsel) as an evidence of this, that +he did conspire to raise an insurrection, and to cause +a rising of the people, to make as it were a rebellion +within the nation, and to surprise the king's guards, +which, say they, can have no other end, but to seize +and destroy the king; and 'tis a great evidence (if +my lord Russell did design to seize the king's guards, +and make an insurrection in the kingdom) of a design +to surprise the king's person. It must be left to you +upon the whole matter: you have not evidence in +this case as there was in the other matter that was +tried in the morning or yesterday,<a name="FNanchor_29_29" id="FNanchor_29_29"></a><a href="#Footnote_29_29" class="fnanchor">[29]</a> against the conspirators +to kill the king at the Rye. There was a +direct evidence of a consult to kill the king, that is +not given you in this case: This is an act of contriving +rebellion, and an insurrection within the +kingdom, and to seize his guards, which is urged +an evidence, and surely is in itself an evidence, to +seize and destroy the king.</p> + +<p>Upon this whole matter, this is left to you. If you +believe the prisoner at the bar to have conspired the<span class="pagenum"><a name="Page_54" id="Page_54">[Pg 54]</a></span> +death of the king and in order to that, to have had +these consults, that these witnesses speak of, then +you must find him guilty of this treason that is laid +to his charge.</p> + +<p>Then the Court adjourned till four o'clock in the +afternoon, when the Jury brought the said Lord +Russell in guilty of the said High Treason.</p></div> + +<p>On July 14th Lord Russell was brought up +before the Recorder for sentence, and, demanding +to have the indictment read, pleaded that +no intention to kill the King had been proved. +The Recorder, however, pointed out that the +point had already been taken, and that he was +bound by the verdict of the jury. He then +condemned the prisoner in the usual way to be +drawn, hanged, and quartered. This sentence +was commuted to beheading, and was carried +out on 21st July.</p> + +<p>Lord Russell was accompanied from Newgate +to Lincoln's Inn Fields, where the execution +took place, by Tillotson and Burnet. He spoke +a few words on the scaffold, expressing his +affection for the Protestant religion, and denying +knowledge of any plot against the King's +life, or the government. He left a paper of +considerable interest from a general point of +view justifying his action in relation to the +Popish Plot and the Exclusion Bill. As to his +trial, he asserts that he never saw Sheppard but +once, and then there was no undertaking as to +seizing the guards and no one appointed to<span class="pagenum"><a name="Page_55" id="Page_55">[Pg 55]</a></span> +view them. It may have been discoursed of +then and at other times, but he never consented +to it, and once at Shaftesbury's he strongly protested +against it. He had an intention to try +some sherry when he went to Sheppard's; but +when he was in town</p> + +<div class="blockquot"><p>the duke of Monmouth came to me and told me +he was extremely glad I had come to town, for my +lord Shaftesbury and some hot men would undo us +all, if great care be not taken; and therefore for +God's sake use your endeavours with your friends to +prevent anything of this kind. He told me there +would be company at Mr. Sheppard's that night, +and desired me to be at home in the evening, and +he would call me, which he did: And when I came +into the room I saw Mr. Rumsey by the chimney, +although he swears he came in after; and there were +things said by some with much more heat than judgment, +which I did sufficiently disapprove, and yet +for these things I stand condemned. It is, I know, +inferred from thence, and was pressed to me, that I +was acquainted with these heats and ill designs, and +did not discover them; but this is but misprision of +treason at most. So I die innocent of the crime I stand +condemned for, and I hope nobody will imagine, that +so mean a thought could enter into me, as to go +about to save myself by accusing others; the part that +some have acted lately of that kind has not been such +as to invite me to love life at such a rate.... I +know I said but little at the trial, and I suppose it +looks more like innocence than guilt. I was also +advised not to confess matter of fact plainly, since +that must certainly have brought me within the<span class="pagenum"><a name="Page_56" id="Page_56">[Pg 56]</a></span> +guilt of misprision<a name="FNanchor_30_30" id="FNanchor_30_30"></a><a href="#Footnote_30_30" class="fnanchor">[30]</a>. And being thus restrained +from dealing frankly and openly, I chose rather to +say little, than to depart from ingenuity, that by the +grace of God I had carried along with me in the +former parts of my life; so could easier be silent, and +leave the whole matter to the conscience of the jury, +than to make the last and solemnest part of my life +so different from the course of it, as the using little +tricks and evasions must have been.</p></div> + +<p>Lord Russell's attainder was reversed by a +private Act of 1 Will. and Mary on the ground +that the jury were not properly returned, that +his lawful challenges to them for want of freehold +were refused, and that he was convicted +'by partial and unjust constructions of the law.'</p> +<div class="footnotes"><h3>FOOTNOTES:</h3> + +<div class="footnote"><p><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> Sir Francis Pemberton was born 1625, entered Emmanuel +College 1640, entered the Inner Temple 1645, was called 1654, +was made a bencher 1671, a serjeant 1675, and was imprisoned +by the House of Commons for an alleged breach of privilege +in the same year. He was made a Judge of the King's Bench +in 1679, and took part as such in several trials connected with +the Popish Plot; he was discharged in 1680, returned to the +bar, and replaced Scroggs as Chief-Justice of the King's +Bench in 1681. He was moved to the Common Pleas in 1683, +to allow Sir Edmund Saunders, who had advised in the +proceedings against the City of London, to act as judge in the +case. He was dismissed from his office of judge in the same +year, about five weeks after Lord Russell's trial. Returning +to the bar, he helped to defend the Seven Bishops, but was +imprisoned by the Convention Parliament for a judgment he +had given six years before against Topham, the serjeant-at-arms, +who had claimed to be without his jurisdiction. He +bore on the whole a high character for independence and +honesty; and it is curious to learn that he lived to advise +the Earl of Bedford whether Lord Russell's attainder would +prevent his son succeeding to the earldom.</p></div> + +<div class="footnote"><p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> Sir Robert Sawyer was born in 1633, entered Magdalene +College, Cambridge, in 1648, where he was chamber-fellow +with Pepys, joined the Inner Temple and went the Oxford +circuit. He was elected to the House of Commons for Chipping +Wycombe in 1673, and assisted in drafting the Exclusion +Bill. He appeared for the Crown in most of the State Trials +of this period. He afterwards led in the defence of the +Seven Bishops, took part in the Convention Parliament, and +was expelled from the House on account of his conduct in +Armstrong's case. He was re-elected and became Chief-Justice +of the King's Bench in 1691, and died in 1692.</p></div> + +<div class="footnote"><p><a name="Footnote_3_3" id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">[3]</span></a> Heneage Finch, first Earl of Aylesford, was born about +1647: he was educated at Westminster and Christ Church. +He entered the Inner Temple, became Solicitor-General in +1679, being elected to the House of Commons for the +University of Oxford in the same year. He was deprived of +office in 1686, and defended the Seven Bishops. He sat in +the House of Commons in 1685, in all Parliaments from the +Convention Parliament (1689) till he became a peer in 1703, +under the title of Baron Guernsey. He was made Earl of +Aylesford on the accession of George <span class="small">I.</span> (1714), and died in 1719.</p></div> + +<div class="footnote"><p><a name="Footnote_4_4" id="Footnote_4_4"></a><a href="#FNanchor_4_4"><span class="label">[4]</span></a> See vol. i. p. 240.</p></div> + +<div class="footnote"><p><a name="Footnote_5_5" id="Footnote_5_5"></a><a href="#FNanchor_5_5"><span class="label">[5]</span></a> Francis North, Lord Guilford (1637-1685), the third son +of the fourth Lord North, was educated at various Presbyterian +schools and St. John's College, Cambridge. He was called +to the bar in 1661, and with the help of the Attorney-General, +Sir Geoffrey Palmer, soon acquired a large practice. After +holding various provincial posts, he became Solicitor-General in +1671. He entered Parliament in 1673, and became Attorney-General +the same year, becoming Chief-Justice of the Common +Pleas in 1675. He always strongly supported Charles <span class="small">II.</span>'s +government, temporising during the Popish Plot, and being +chiefly responsible for the execution of Colledge. He became +Lord Keeper in 1682, and was raised to the peerage in 1683: +but during his tenure of office was much vexed by intrigues, +particularly by the conduct of Jeffreys, who had succeeded +him in the Common Pleas. He is now chiefly remembered +on account of the very diverting and interesting life of him +written by his brother Roger.</p></div> + +<div class="footnote"><p><a name="Footnote_6_6" id="Footnote_6_6"></a><a href="#FNanchor_6_6"><span class="label">[6]</span></a> Pollexfen. See Note in Alice Lisle's trial, vol. i. p. 241.</p></div> + +<div class="footnote"><p><a name="Footnote_7_7" id="Footnote_7_7"></a><a href="#FNanchor_7_7"><span class="label">[7]</span></a> Sir John Holt (1642-1710) was called to the bar in 1663. +He appeared for Danby on his impeachment in 1679, and was +assigned to be counsel for Lords Powys and Arundell of +Wardour, who were impeached for participation in the Popish +Plot in 1680, but against whom the proceedings were stopped +after Stafford's conviction. He appeared for the Crown in +several trials preceding that of Lord Russell, and having +expressed an opinion in favour of the Quo Warranto proceedings +against the City of London was appointed Recorder, +knighted, and called as a serjeant in 1685. He was deprived +of the recordership after a year on refusing to pass sentence +of death on a deserter, a point which owed its importance to +Charles <span class="small">II.</span>'s attempts to create a standing army; but as he +continued to be a serjeant, he was unable thenceforward to +appear against the Crown. He acted as legal assessor to the +Convention called after the flight of James <span class="small">II.</span>, as a member of +the House of Commons took a leading part in the declaration +that he had abdicated, and was made Chief-Justice in 1689.</p></div> + +<div class="footnote"><p><a name="Footnote_8_8" id="Footnote_8_8"></a><a href="#FNanchor_8_8"><span class="label">[8]</span></a> This decision and unspecified 'partial and unjust constructions +of law' were the professed ground on which +Russell's attainder was subsequently reversed: see <i>post</i>, p. 56. +Sir James Stephen (<i>Hist. Crim. Law</i>, vol. i. p. 412) expresses +an opinion that the law upon the subject at the time was +'utterly uncertain.'</p></div> + +<div class="footnote"><p><a name="Footnote_9_9" id="Footnote_9_9"></a><a href="#FNanchor_9_9"><span class="label">[9]</span></a> Lord Grey was the eldest son of the second Baron Grey +of Werk. He succeeded his father in 1675: he voted for +Stafford's conviction, and was a zealous exclusionist. He +was convicted of debauching his sister-in-law, Lady Henrietta +Berkeley, in 1682, and consequently took no part in Russell's +plot. He was arrested in connection with the Rye House +Plot, but escaped to Holland, whence he returned to take +part in Monmouth's rising. He was captured after Sedgemoor, +but his life was spared on his being heavily fined and +compelled to give evidence against his friends. He left England, +but returned with William <span class="small">III.</span>, during whose reign he +filled several offices. He was created Earl of Tankerville in +1695, and died in 1701.</p></div> + +<div class="footnote"><p><a name="Footnote_10_10" id="Footnote_10_10"></a><a href="#FNanchor_10_10"><span class="label">[10]</span></a> Lord Howard, the third Lord Howard of Escrick, was born +about 1626. He entered Corpus College, Cambridge. He +served in Cromwell's Life-guards. As a sectary he seems +to have favoured the Restoration. He was committed to +the Tower for secret correspondence with Holland in 1674. +After succeeding to the peerage he furthered the trial of his +kinsman Stafford. After giving evidence in this trial (see +p. 15), he gave similar evidence against Algernon Sidney, +was pardoned, and died in obscurity at York in 1694.</p></div> + +<div class="footnote"><p><a name="Footnote_11_11" id="Footnote_11_11"></a><a href="#FNanchor_11_11"><span class="label">[11]</span></a> The Earl of Essex was the son of the Lord Capel who +was one of Charles <span class="small">I.</span>'s most devoted adherents and lost +his life after his vain defence of Colchester in 1648. The +younger Lord Capel was made Earl of Essex at the Restoration. +Though opposed to the Court party by inclination, he +served on various foreign missions, and was Lord-Lieutenant +of Ireland from 1672 to 1677. On his return to England he +associated himself with the Country party, and on Danby's +fall was placed at the head of the Treasury Commission, +and thereafter followed Halifax and Sunderland in looking +to the Prince of Orange for ultimate assistance rather than +Shaftesbury, who favoured the Duke of Monmouth. He +left the Treasury in 1679, supported Shaftesbury in 1680 on +the Exclusion Bill, and appeared as a 'petitioner' at Oxford +in 1680. He voted against Stafford. He was arrested as +a co-plotter with Russell on Howard's information, and committed +suicide in the Tower on the day of his trial (see +p. 16).</p></div> + +<div class="footnote"><p><a name="Footnote_12_12" id="Footnote_12_12"></a><a href="#FNanchor_12_12"><span class="label">[12]</span></a> Algernon Sidney (1622-1683) was the son of the second +Earl of Leicester, and commanded a troop in the regiment +raised by his father, when he was Lord-Lieutenant in Ireland, +to put down the Irish rebellion of 1641. He afterwards came +over to England, joined the Parliamentary forces, and was +wounded at Marston Moor. He continued serving in various +capacities, returning for a time to Ireland with his brother, +Lord Lisle, who was Lord-Lieutenant. He was appointed +one of the commissioners to try Charles <span class="small">I.</span>, but took no part +in the trial. He was ejected from Parliament in 1653, and +adopted a position of hostility to Cromwell. He remained +abroad after the Restoration, though not excepted from the +Act of Indemnity, and lived a philosophic life at Rome and +elsewhere. He tried to promote a rising against Charles in +Holland in 1665, and opened negotiations with Louis <span class="small">XIV.</span> +during the French war. He returned to England in 1677 to +settle his private affairs, and stayed on making friends with +the leaders of the Opposition, and vainly trying to obtain a +seat in the House of Commons. He quarrelled with Shaftesbury, +who denounced him as a French pensioner (which he +probably was), and seems to have had no connection with +his plots. He was arrested on 27th June, tried by Jeffreys +on 7th November, condemned, and executed on 7th December +1683.</p></div> + +<div class="footnote"><p><a name="Footnote_13_13" id="Footnote_13_13"></a><a href="#FNanchor_13_13"><span class="label">[13]</span></a> John Hampden (1656-1696) was the second son of Richard +Hampden. After travelling abroad in his youth he became +the intimate friend of the leaders of the Opposition on his +return to England in 1682. He was arrested with them and +tried in 1684, when he was imprisoned on failing to pay an +exorbitant fine. After Monmouth's rising he was tried again +for high treason. As Lord Grey was produced as a second +witness against him, Lord Howard, who had testified before, +being the first, he pleaded guilty, implicating Russell and +others by his confession. He was pardoned, and lived to sit +in Parliament after the Revolution; but falling into obscurity +failed to be elected for his native county in 1696, and committed +suicide.</p></div> + +<div class="footnote"><p><a name="Footnote_14_14" id="Footnote_14_14"></a><a href="#FNanchor_14_14"><span class="label">[14]</span></a> Rumsey had been an officer in Cromwell's army, and had +served in Portugal with distinction. He obtained a post by +Shaftesbury's patronage; and with West, a barrister, was +responsible for the Rye House Plot. According to his own +account, he was to kill the King, whilst Walcot was to lead an +attack on the guards. He appeared as a witness in the trials +of Walcot and Algernon Sidney, as well as in the present one. +His last appearance before the public was as a witness against +Henry Cornish, one of the leaders of the opposition of the +City to the Court party, whom he and one Goodenough +accused of participation in Russell's plot, and who was tried +and executed in 1685. He had offered to give evidence +against Cornish before, in 1683, but the second witness necessary +to prove treason was not then forthcoming. The unsatisfactory +nature of Rumsey's evidence led to Cornish's property +being afterwards restored to his family, while, according +to Burnet, 'the witnesses were lodged in remote prisons for +their lives.' Cornish was arrested, tried and executed within +a week.</p></div> + +<div class="footnote"><p><a name="Footnote_15_15" id="Footnote_15_15"></a><a href="#FNanchor_15_15"><span class="label">[15]</span></a> Walcot was an Irish gentleman who had been in Cromwell's +army. He frequented West's chambers, where he met +West and Rumsey, who were the principal witnesses against +him. Rumsey's story was that though Walcot objected to +killing the King, he promised to attack the guards. He was +tried and convicted earlier on the same day.</p></div> + +<div class="footnote"><p><a name="Footnote_16_16" id="Footnote_16_16"></a><a href="#FNanchor_16_16"><span class="label">[16]</span></a> The following passages seem to give a true account of the +measure of the complicity of Russell and his friends with the +Rye House Plot.</p></div> + +<div class="footnote"><p><a name="Footnote_17_17" id="Footnote_17_17"></a><a href="#FNanchor_17_17"><span class="label">[17]</span></a> Aaron Smith is first heard of as an obscure plotter in +association with Oates and Speke. He was prosecuted in 1682 +for supplying seditious papers to Colledge, and sentenced to +fine and imprisonment. He managed to escape, however, +before sentence was pronounced, and was arrested in connection +with the present trial, when, as nothing could be proved +against him, he was sentenced for his previous offence. After +the Revolution he was appointed solicitor to the Treasury; but +failing to give a good account of various prosecutions which +he set on foot, he was dismissed in 1697.</p></div> + +<div class="footnote"><p><a name="Footnote_18_18" id="Footnote_18_18"></a><a href="#FNanchor_18_18"><span class="label">[18]</span></a> Sir John Cochram or Cochrane was the second son of +William Cochrane, created Earl of Dundonald in 1689. He +escaped to Holland at the time of Russell's trial, took part in +Argyle's insurrection in 1685, turned approver, and farmed the +poll tax after the Revolution, but was imprisoned in 1695 on +failing to produce proper accounts.</p></div> + +<div class="footnote"><p><a name="Footnote_19_19" id="Footnote_19_19"></a><a href="#FNanchor_19_19"><span class="label">[19]</span></a> George Melville was the fourth baron and the first Earl of +Melville. He supported the Royalist cause in Scotland, and +tried to induce a settlement with the Covenanters before the +battle of Bothwell Bridge. He escaped from England after +the discovery of the Rye House Plot, and appeared at the +Court of the Prince of Orange. After the Revolution he held +high offices in Scotland till the accession of Anne, when he +was dismissed. He died in 1707.</p></div> + +<div class="footnote"><p><a name="Footnote_20_20" id="Footnote_20_20"></a><a href="#FNanchor_20_20"><span class="label">[20]</span></a> West was a barrister at whose chambers in the Temple +Rumsey, Ferguson, and other plotters used to meet, and it +was alleged that the Rye House Plot was proposed: said by +Burnet to have been 'a witty and active man, full of talk, +and believed to be a determined atheist.'</p></div> + +<div class="footnote"><p><a name="Footnote_21_21" id="Footnote_21_21"></a><a href="#FNanchor_21_21"><span class="label">[21]</span></a> As to what is treason under 25 Edward <span class="small">III.</span>, see <i>post</i>, +p. 36. Under 13 Car. <span class="small">II.</span> c. 1 it is treason, <i>inter alia</i>, to +devise the deposition of the King; but the prosecution must +be within six months of the commission of the offence.</p></div> + +<div class="footnote"><p><a name="Footnote_22_22" id="Footnote_22_22"></a><a href="#FNanchor_22_22"><span class="label">[22]</span></a> The question was, 'What is included in the expressions +"Imagine the King's death" and "Levying war against the +King"?' The Attorney-General was evidently placing a gloss +on them, which was perhaps justified from a wider point +of view than a merely legal one. However that may be, +the same process was continued till it culminated in the +theory of 'constructive treason,' according to which it was +laid down in 1794 that a man who intended to depose the +King compassed and imagined his death. The matter was +eventually decided in 1795 by a statute which made such an +intent and others of the same kind treason of themselves. +See further Stephen's <i>History of Criminal Law</i>, vol. ii. +pp. 243-283.</p></div> + +<div class="footnote"><p><a name="Footnote_23_23" id="Footnote_23_23"></a><a href="#FNanchor_23_23"><span class="label">[23]</span></a> He had been twice sent to the Tower: once in 1674 in consequence +of the discovery of a secret correspondence with +Holland; once in 1681 on a false charge by Edward Fitzharris +of writing the <i>True Englishman</i>, a pamphlet advocating the +deposition of Charles <span class="small">II.</span> and the exclusion of the Duke of +York, which was in fact written by Fitzharris, it is suggested +with the purpose of imputing its authorship to the Whigs. It +is no doubt the second of these occasions that is referred to.</p></div> + +<div class="footnote"><p><a name="Footnote_24_24" id="Footnote_24_24"></a><a href="#FNanchor_24_24"><span class="label">[24]</span></a> Burnet had at this time retired into private life, having +lost the Court favour which he had gained at an earlier +period. He had been an intimate friend of Stafford, and was +living on terms of the closest intimacy with Essex and Russell +at the time of their arrest. After Russell's execution he left +the country, and eventually found his way to the Hague just +before the Revolution, where he performed services for William +and Mary requiring the utmost degree of confidence. He +landed at Torbay with William, soon became Bishop of +Salisbury, and until the end of William's life remained one of +his most trusted councillors. He retained a position of great +influence under Anne, and died in 1715. In relation to his +evidence in this case, it is interesting to read in his history +that Russell was privy to a plot for promoting a rebellion in +the country and for bringing in the Scotch. He says further: +'Lord Russell desired that his counsel might be heard to this +point of seizing the guards; but that was denied unless he +would confess the fact, and he would not do that, because as +the witnesses had sworn it, it was false. He once intended +to have related the whole fact just as it was; but his counsel +advised him against it'; in fact Russell admitted that he +knew of a traitorous plot, and did not reveal it. 'He was a +man of so much candour that he spoke little as to the fact; +for since he was advised not to tell the whole truth, he could +not speak against that which he knew to be true, though in +some particulars it had been carried beyond the truth.' See +too <i>post</i>, p. 55.</p></div> + +<div class="footnote"><p><a name="Footnote_25_25" id="Footnote_25_25"></a><a href="#FNanchor_25_25"><span class="label">[25]</span></a> John Tillotson (1630-1694) was the son of a weaver of +Sowerby. He entered Clare Hall in 1647, and became a +fellow of the same college in 1651. He received an early +bias against Puritanism from Chillingworth's <i>Religion of +Protestants</i>, and his intercourse with Cudworth and others +at Cambridge. He became tutor to the son of Prideaux, +Cromwell's Attorney-General in 1656; he was present at the +Savoy Conference in 1661, and remained identified with the +Puritans till the passing of the Act of Uniformity in 1662; +afterwards he became curate of Cheshunt in Hertfordshire +and rector of Keddington in Suffolk. In 1664 he was known +as a celebrated preacher, and was appointed preacher in +Lincoln's Inn. In 1678 and 1680 he preached sermons to the +House of Commons and the King respectively, exhorting the +former to legislation against Popery, and pointing out to the +latter that whilst Catholics should be tolerated, they should +not be allowed to proselytise. He attended Russell on the +scaffold, and with Burnet was summoned before the Council +on a suspicion of having helped to compose Russell's published +speech. He acquired great influence after the Revolution; +and having exercised the archiepiscopal jurisdiction of the +province of Canterbury during Sancroft's suspension, became +himself archbishop in 1691.</p></div> + +<div class="footnote"><p><a name="Footnote_26_26" id="Footnote_26_26"></a><a href="#FNanchor_26_26"><span class="label">[26]</span></a> Henry Brooke, the eighth Lord Cobham, after losing +Court favour on the death of Elizabeth, was accused in 1603 +of plotting with Aremberg, the Spanish ambassador, to place +Arabella Stuart on the throne, and to kill the King. His +evidence contributed largely to the conviction of Sir Walter +Raleigh of the same treason, and he was tried and convicted +the next day. He was kept in prison till 1617, when he was +allowed to go to Bath on condition that he returned to prison; +but he was struck by paralysis on his way back and died in +1619. See vol. i. pp. 19-57.</p></div> + +<div class="footnote"><p><a name="Footnote_27_27" id="Footnote_27_27"></a><a href="#FNanchor_27_27"><span class="label">[27]</span></a> Oliver Plunket (1629-1681) was Roman Catholic bishop of +Armagh and titular primate of Ireland. He attained these +positions in 1669; in 1674 he went into hiding when the +position of the Catholics in England drew attention to their +presence in Ireland. He was arrested, on a charge of complicity +with the Popish Plot in 1678, and eventually tried in +the King's Bench for treason in 1681 by Sir Francis Pemberton, +when the law was laid down as stated above. He was +convicted, hung, beheaded and quartered.</p></div> + +<div class="footnote"><p><a name="Footnote_28_28" id="Footnote_28_28"></a><a href="#FNanchor_28_28"><span class="label">[28]</span></a> Rumsey says the 19th, Howard the 17th. The 17th was +the anniversary of the Queen's accession.</p></div> + +<div class="footnote"><p><a name="Footnote_29_29" id="Footnote_29_29"></a><a href="#FNanchor_29_29"><span class="label">[29]</span></a> Thomas Walcot and William Hone, tried for and convicted +of participation in the Rye House Plot.</p></div> + +<div class="footnote"><p><a name="Footnote_30_30" id="Footnote_30_30"></a><a href="#FNanchor_30_30"><span class="label">[30]</span></a> See <i>ante</i>, p. 42.</p></div> +</div> + +<p><span class="pagenum"><a name="Page_57" id="Page_57">[Pg 57]</a></span></p> + +<p> </p> + +<p><span class="pagenum"><a name="Page_58" id="Page_58">[Pg 58]</a></span></p> + +<p> </p> + +<p><span class="pagenum"><a name="Page_59" id="Page_59">[Pg 59]</a></span></p> + +<h2 class="gap4"><a name="THE_EARL_OF_WARWICK" id="THE_EARL_OF_WARWICK"></a>THE EARL OF WARWICK</h2> + +<div class="blockquot"><p>March 28, 1699. About eleven of the clock the +Lords came from their own house into the court +erected in Westminster hall, for the trials of Edward, +earl of Warwick and Holland, and Charles lord +Mohun<a name="FNanchor_31_31" id="FNanchor_31_31"></a><a href="#Footnote_31_31" class="fnanchor">[31]</a>, in the manner following. The lord high<span class="pagenum"><a name="Page_60" id="Page_60">[Pg 60]</a></span> +steward's gentleman attendants, two and two. The +clerks of the House of Lords, with two clerks of the +crown in the Courts of Chancery and King's Bench. +The masters of Chancery, two and two. Then the +judges. The peers' eldest sons, and peers minors, two +and two. Four serjeants at arms with their maces, +two and two. The yeoman usher of the house. Then +the peers, two and two, beginning with the youngest +barons. Then four serjeants at arms with their<span class="pagenum"><a name="Page_61" id="Page_61">[Pg 61]</a></span> +maces. Then one of the heralds, attending in the +room of Garter, who by reason of his infirmity, could +not be present. And the gentleman usher of the +Black Rod, carrying the white staff before the lord +high steward. Then the lord chancellor, the lord +high steward, of England, alone.</p> + +<p>When the lords were seated on their proper benches, +and the lord high steward on the wool-pack; the two +clerks of the crown in the courts of Chancery and +King's Bench, standing before the clerk's table with +their faces towards the state;</p> + +<p>The clerk of the crown in Chancery having his +majesty's commission to the lord high steward in his +hands, made three reverences towards the lord high +steward, and the clerk of the crown in Chancery on +his knees presented the commission to the lord high +steward, who delivered it to the clerk of the crown in +the King's bench (then likewise kneeling before his +grace) in order to be opened and read; and then the +two clerks of the crown making three reverences, +went down to the table; and the clerk of the crown +in the King's Bench commanded the serjeant at arms +to make proclamation of silence; which he did in this +manner.</p> + +<p><span class="smcap">Serjeant-at-Arms</span>—O yes, O yes, O yes, My lord +high steward his grace does straitly charge and command +all manner of persons here present, to keep +silence, and hear the king's majesty's commission to +his grace my lord high steward of England directed, +openly read, upon pain of imprisonment.</p></div> + +<p>Then the lord high steward<a name="FNanchor_32_32" id="FNanchor_32_32"></a><a href="#Footnote_32_32" class="fnanchor">[32]</a> asked the peers<span class="pagenum"><a name="Page_62" id="Page_62">[Pg 62]</a></span> +to be pleased to stand up uncovered, while the +King's commission was read. And the peers +stood up, uncovered, and the King's commission +was read in Latin, by which it was set out that +the Grand Jury of the County of Middlesex had +found a true bill of murder against the Earl of +Warwick and Lord Mohun, which the peers +were commissioned to try. Proclamation that<span class="pagenum"><a name="Page_63" id="Page_63">[Pg 63]</a></span> +all persons there present should be uncovered, +was then made, and the return of <i>certiorari</i>, +bringing the indictment before the House of +Lords, was read in Latin.</p> + +<p>Order was then made that the judges might +be covered, and the governor of the tower was +ordered to produce the earl of Warwick; and he +was brought to the bar by the deputy-governor, +having the axe carried before him by the gentleman +gaoler, who stood with it at the bar, on the +right hand of the prisoner, turning the edge from +him.</p> + +<p>The lord high steward then informed the +prisoner that he had been indicted of murder by +the Grand Jury for the county of Middlesex, on +which indictment he would now be tried; and +proceeded—</p> + +<div class="blockquot"><p>Your lordship is called to answer this charge before +the whole body of the house of peers as assembled in +parliament. It is a great misfortune to be accused of +so heinous an offence, and it is an addition to that +misfortune, to be brought to answer as a criminal +before such an assembly, in defence of your estate, +your life, and honour. But it ought to be a support to +your mind, sufficient to keep you from sinking under +the weight of such an accusation, that you are to be +tried before so noble, discerning, and equal judges, that +nothing but your guilt can hurt you. No evidence +will be received, but what is warranted by law; no +weight will be laid upon that evidence, but what is +agreeable to justice; no advantage will be taken of<span class="pagenum"><a name="Page_64" id="Page_64">[Pg 64]</a></span> +your lordship's little experience in proceedings of this +nature; nor will it turn to your prejudice, that you +have not the assistance of counsel in your defence, as +to the fact (which cannot be allowed by law), and +their lordships have already assigned you counsel if +any matter of law should arise.</p></div> + +<p>After a little more to the same effect the +indictment was read, first in Latin, then in +English, and the earl of Warwick pleaded Not +Guilty.</p> + +<p>The indictment was then opened by Serjeant +Wright,<a name="FNanchor_33_33" id="FNanchor_33_33"></a><a href="#Footnote_33_33" class="fnanchor">[33]</a> to the effect that the prisoner was +accused of murdering Richard Coote on the 30th +of October, by stabbing him, together with Lord +Mohun, Richard French, Roger James, and +George Dockwra.</p> +<p><span class="pagenum"><a name="Page_65" id="Page_65">[Pg 65]</a></span></p> +<p>The <i>Attorney-General</i><a name="FNanchor_34_34" id="FNanchor_34_34"></a><a href="#Footnote_34_34" class="fnanchor">[34]</a> then opened the case, +as follows:—</p> + +<div class="blockquot"><p><span class="smcap">Attorney-General</span>—May it please your lordships, +I am of counsel in this cause for the king against this +noble lord, Edward earl of Warwick and Holland, the +prisoner at the bar, who stands indicted by the grand +jury of the County of Middlesex, has been arraigned, +and is now to be tried before your lordships for the +felonious killing and murdering of Mr. Coote, in the +indictment named; the evidence to make good this +charge against this noble lord, it comes to my turn to +open to your lordships.</p> + +<p>My lords, the case, as to the fact, according to my +instructions, is this: Upon Saturday, the 29th of +October last, at night, my lord of Warwick, my lord +Mohun, Mr. French, Mr. Dockwra, and Mr. Coote, +the unfortunate gentleman who was killed, met +together at one Locket's who kept the Greyhound-tavern +in the Strand, and there they staid till it was<span class="pagenum"><a name="Page_66" id="Page_66">[Pg 66]</a></span> +very late; about twelve of the clock at night, or +thereabouts, a messenger was sent by the company to +fetch another gentleman, Mr. James; and Mr. James +coming to them, in what condition your lordships will +be told by the witnesses; about one of the clock in +the morning, on Sunday, the 30th of October, they +all came down out of the room where they had been +so late, to the bar of the house, and there, as the +witnesses will tell your lordships, swords were drawn, +and the chairs were called for, and two chairs which +were nearest at hand came, and two of the company +went into those chairs; who they were, and what +past at that time, the witnesses will tell your lordships; +those that got into those chairs came out again, +and more chairs were called for. But I must acquaint +your lordships, that my lord Mohun, when the two +gentlemen that went into the chairs ordered the +chairmen to take them up, and carry them away, +spoke to them to stop and go no further, for there +should be no quarreling that night, and that he would +send for the guards and secure them, and after this +they came out of the chairs again; it will appear there +were swords drawn amongst all of them, and some +wounds given: more chairs being called for, and +brought, this noble lord that is here at the bar, my +lord of Warwick, my lord Mohun, and the other four +gentlemen, went all into the chairs, and gave the +chairmen directions, whither they should carry them, +at leastwise the foremost had directions given them, +and the rest were to follow them; it was a very dark +night, but at last they came all to Leicester-square; +and they were set down a little on this side the rails +of the square, and when the chairmen had set them +down they went away; but immediately some of<span class="pagenum"><a name="Page_67" id="Page_67">[Pg 67]</a></span> +them heard my lord of Warwick calling for a chair +again, who came towards the rails, and there they +found two of the gentlemen, that had been carried +in some of the other chairs, holding up Mr. Coote +between them, and would have had the chairmen +carried him away to a surgeon's, but they found he +was dying, and so would not meddle with him; afterwards +my lord of Warwick and Mr. French were carried +by two of the chairs to Mr. Amy's, the surgeon at +the Bagnio in Long-acre, where Mr. French being +wounded, was taken care of particularly by the +recommendation of my lord of Warwick, and the +master of the house was called up, it being very late; +Mr. Coote's sword was brought to that place, but by +whom it was brought we cannot exactly say. While +my lord of Warwick and captain French were there, +and my lord of Warwick had given orders for the +denying of himself, and forbid the opening of the door, +there came the other two gentlemen, Mr. James and +Mr. Dockwra, and upon their knocking at the door +they were let in by my lord's order, after he had +discovered who they were, looking through the +wicket. Mr. James had his sword drawn, but it was +broken. My lord of Warwick's hand was slightly +wounded, and his sword bloody up to the hilt when he +came in, as will be proved by the testimony of the +servants in the House. There was a discourse between +my lord, Mr. James and Mr. Dockwra, about going +into the country; but before they went, the swords +were all called for to be brought to them, and upon +enquiry, there was no blood found upon Mr. French's +sword, but a great deal upon my lord of Warwick's, +of which great notice was taken at that time. Mr. +Coote, who was killed, had received one wound in the<span class="pagenum"><a name="Page_68" id="Page_68">[Pg 68]</a></span> +left side of his breast, half an inch wide, and five +deep, near the collar bone; he had likewise another +wound upon the left side of his body; both which +your lordships will hear, in the judgment of the +surgeon, were mortal wounds, and the evidence will +declare the nature of them.</p> + +<p>My lords, the evidence does chiefly consist of, and +depend on circumstances, the fact being done in the +night, and none but the parties concerned being +present at it; we shall lay the evidence before your +lordships, as it is, for your judgment, and call what +witnesses we have on behalf of the king, against this +noble peer the prisoner at the bar, and take up your +lordships' time no further in opening; and we shall +begin with Samuel Cawthorne; he is a drawer at the +tavern where those lords and gentlemen were together, +and he will give you an account of the time they came +there, how long they staid, what happened in the +house during their being there, and what time they +went away.</p> + +<p><span class="smcap">Lord High Steward</span>—Give him his oath. (Which +the clerk did.)</p> + +<p><span class="smcap">Attorney-General</span>—My lords, I doubt the witness +is so far off, that it will be difficult for him to hear the +questions that we are to ask him, unless we could +have him nearer to us.</p> + +<p><span class="smcap">Lord High Steward</span>—Mr. Attorney, my lords seem +to be of opinion that it will be more for your advantage +and theirs that the witnesses stand at the distance +they do; which will oblige you to raise your voice so +loud, that they may hear the witnesses and you too.</p> + +<p><span class="smcap">Attorney-General</span>—Is your name Samuel Cawthorne?</p> + +<p><span class="smcap">Cawthorne</span>—Yes, my lord.<span class="pagenum"><a name="Page_69" id="Page_69">[Pg 69]</a></span></p> + +<p><span class="smcap">Attorney-General</span>—Where do you live?</p> + +<p><span class="smcap">Cawthorne</span>—With Mr. Locket at Charing-cross.</p> + +<p><span class="smcap">Attorney-General</span>—Did you live with him at the +Greyhound tavern in the Strand the latter end of +October last?</p> + +<p><span class="smcap">Cawthorne</span>—Yes, I did.</p> + +<p><span class="smcap">Attorney-General</span>—Well, pray will you acquaint +my lords with the time when my lord of Warwick, my +lord Mohun, and Mr. Coote were at that house, how +long they stayed, what happened while they were +there, and when they went away?</p> + +<p><span class="smcap">Cawthorne</span>—It was Saturday night, the 29th of +October last.</p> + +<p><span class="smcap">Attorney-General</span>—Pray tell my lords the whole +of your knowledge in the matter.</p> + +<p><span class="smcap">Cawthorne</span>—There came my lord of Warwick, my +lord Mohun, captain Coote, capt. French, and captain +Dockwra, the 29th of October last, in the evening, to +my master's house at the Greyhound tavern in the +Strand.</p> + +<p><span class="smcap">Attorney-General</span>—How long were they there, +and what time of night came they in?</p> + +<p><span class="smcap">Cawthorne</span>—About 8 o'clock at night, my lord +Warwick, my lord Mohun, capt. French, and capt. +Coote, came in.</p> + +<p><span class="smcap">Attorney-General</span>—What day do you say it was?</p> + +<p><span class="smcap">Cawthorne</span>—Saturday, the 29th of October last.</p> + +<p><span class="smcap">Attorney-General</span>—How long did they continue +there?</p> + +<p><span class="smcap">Cawthorne</span>—It was between one and two the next +morning before they went away.</p> + +<p><span class="smcap">Attorney-General</span>—Was any body sent for to +come to them there?</p> + +<p><span class="smcap">Cawthorne</span>—Yes, Mr. James.<span class="pagenum"><a name="Page_70" id="Page_70">[Pg 70]</a></span></p> + +<p><span class="smcap">Attorney-General</span>—What time was that?</p> + +<p><span class="smcap">Cawthorne</span>—About twelve of the clock.</p> + +<p><span class="smcap">Attorney-General</span>—Did he stay with them till +they went away?</p> + +<p><span class="smcap">Cawthorne</span>—Yes.</p> + +<p><span class="smcap">Attorney-General</span>—What did you observe pass in +the company while they were there?</p> + +<p><span class="smcap">Cawthorne</span>—I did not observe any thing of quarrel, +not so much as an angry word amongst them, till they +came down to the bar and were going away; when +they came down to the bar they ordered me to call +them chairs, or coaches; and there were no coaches +to be had, and so I went for chairs, and two chairs +came; for the porter that went to call the coaches was +a great while before he came back; and, as I said, I +going for chairs, there came two; but that they said +was not enough; so more chairs were called for, and +at length there were more chairs gotten; in the first +three chairs, my lord of Warwick, my lord Mohun, +and captain Coote went away in; and my lord +Warwick and my lord Mohun bid the chairmen carry +them home.</p> + +<p><span class="smcap">Attorney-General</span>—Were there then any other +chairs at the door?</p> + +<p><span class="smcap">Cawthorne</span>—There were two more chairs at the +door, and another was called for.</p> + +<p><span class="smcap">Attorney-General</span>—Did you hear any directions +given where they should carry them?</p> + +<p><span class="smcap">Cawthorne</span>—My lord Warwick and my lord Mohun +bid them carry them home.</p> + +<p><span class="smcap">Attorney-General</span>—Did you hear my lord Warwick +or my lord Mohun particularly, and which, say +whither they would be carried?</p> + +<p><span class="smcap">Cawthorne</span>—I did hear my lord Mohun say, captain<span class="pagenum"><a name="Page_71" id="Page_71">[Pg 71]</a></span> +Coote should go and lie with him, or he would go and +lie with capt. Coote that night, for there should be +no quarrelling.</p> + +<p><span class="smcap">Attorney-General</span>—Did they upon that go away?</p> + +<p><span class="smcap">Cawthorne</span>—Mr. French and Mr. Coote were in +chairs before my lord Mohun or my lord Warwick, or +any of the rest.</p> + +<p><span class="smcap">Attorney-General</span>—What then happened upon +their going into the chairs?</p> + +<p><span class="smcap">Cawthorne</span>—My lord Mohun came out to them +and swore there should be no quarrel that night, but +he would send for the guards and secure them.</p> + +<p><span class="smcap">Attorney-General</span>—What happened then?</p> + +<p><span class="smcap">Cawthorne</span>—Upon that, both of them came out of +their chairs and came into the house, and there they +came to the bar three of them in the passage by the +bar, and three of them behind that passage.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, will you tell what did +really pass throughout the whole transaction? What +was done after they came in again into the house?</p> + +<p><span class="smcap">Cawthorne</span>—After that, I was bid to call for six +chairs, if I could get no coaches, and so I did; and +when I had brought what chairs I could get, and +returned to the bar I heard the swords clash; when +the swords were drawn I cannot say, nor by whom, +it might be by all the six, for aught I know, because I +was in the street to call the chairs, and when I came +back to the house, I was in hopes all had been quieted, +for their swords were putting up: and when they +went away in the chairs, I did hope they went away +friendly.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, how did they go away? +who went together?</p> + +<p><span class="smcap">Cawthorne</span>—My lord of Warwick, my lord Mohun,<span class="pagenum"><a name="Page_72" id="Page_72">[Pg 72]</a></span> +and captain Coote went in the first three chairs, them +three together, and bid the chairmen go home; the +sixth chair was not then come.</p> + +<p><span class="smcap">Attorney-General</span>—When that chair came, pray +what directions were given to it?</p> + +<p><span class="smcap">Cawthorne</span>—I did not hear them give the chairmen +any directions at all.</p> + +<p><span class="smcap">Attorney-General</span>—Do you know any thing more +that was done after this time?</p> + +<p><span class="smcap">Cawthorne</span>—No, my lord, not after they went +away; after I returned with the chairs, it was in two +minutes' time that they went away.</p> + +<p><span class="smcap">Attorney-General</span>—My lords, I suppose he knows +no more of the matter.</p> + +<p><span class="smcap">Lord High Steward</span>—Will you then ask him no +more questions, Mr. Attorney?</p> + +<p><span class="smcap">Attorney-General</span>—No, my lords, unless this +noble lord shall ask him any questions, upon which +we shall have occasion to examine him.</p> + +<p><span class="smcap">Lord High Steward</span>—My lord, has your lordship +any questions to ask this witness? For now is your +time, the king's counsel having done examining him.</p> + +<p><span class="smcap">Earl of Warwick</span>—I desire to ask him, whether I +did not bid the chairmen go home?</p> + +<p><span class="smcap">Lord High Steward</span>—If your lordship please to +propose your question to me, I will require an answer +to it from the witness, and it will be the better heard +by my lords.</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire to know of +this man, whether, when I went away in the chair +from his master's house I did not bid the chairmen go +home?</p> + +<p><span class="smcap">Lord High Steward</span>—Witness, you hear my lord's +question, what say you to it?<span class="pagenum"><a name="Page_73" id="Page_73">[Pg 73]</a></span></p> + +<p><span class="smcap">Cawthorne</span>—Yes; my lord of Warwick did bid the +chairmen go home.</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I have another +question to ask him. Whether he knows of any quarrel +there was between me and Mr. Coote at that time, or +any other time; because we both used to frequent +that house?</p> + +<p><span class="smcap">Cawthorne</span>—No, my lords, I never heard any +angry words between my lord Warwick and Mr. +Coote in my life.</p> + +<p>[Then the lords towards the upper end of the House +complaining that they did not hear his Grace, the +Lord High Steward was pleased to repeat the question +thus:]</p> + +<p><span class="smcap">Lord High Steward</span>—When my lord of Warwick +bid the chairmen go home, or at any other time, did +you observe that there had been any quarrel between +his lordship and Mr. Coote?</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire he may be +asked, since we both used that house, Whether that +night, when I went away, or before or after, I had +any quarrel with Mr. Coote?</p> + +<p><span class="smcap">Lord High Steward</span>—The question my lord desires +you, that are the witness, to answer, is, Whether you +did hear any quarrelling or angry words to pass +between my lord Warwick and Mr. Coote that night +before or after they came down, or when they went +away, or at any other time?</p> + +<p><span class="smcap">Cawthorne</span>—No, my lord, I never heard any angry +words pass between them then, nor ever at any time +before in all my life, but I always looked upon them +to be very good friends.</p> + +<p><span class="smcap">Earl of Warwick</span>—I desire he may be asked, +Whether Mr. Coote did not come to that house in my<span class="pagenum"><a name="Page_74" id="Page_74">[Pg 74]</a></span> +company, and whether he did not frequently come to +that house?</p> + +<p><span class="smcap">Cawthorne</span>—Yes; they used to be there every +day almost, and they came that night together in +company.</p> + +<p><span class="smcap">Earl of Warwick</span>—I desire he may be asked, +whether I have not been frequently in his company +there?</p> + +<p><span class="smcap">Cawthorne</span>—Yes; I say very frequently, every day +almost, sometimes twice a-day.</p> + +<p><span class="smcap">Lord High Steward</span>—Would your lordship ask him +any other question?</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire he may be +asked this question, whether he knows of any particular +kindness between Mr. Coote and me?</p> + +<p><span class="smcap">Lord High Steward</span>—Do you know of any particular +kindness between my lord Warwick and Mr. +Coote, the gentleman that was killed?</p> + +<p><span class="smcap">Cawthorne</span>—Yes, my lord, there was always a +great kindness between them, as I observed: it ever +was so, and I never heard angry words pass between +them, but they were very good friends constantly; +I waited upon them generally when they were at my +master's house, which was every day almost.</p> + +<p><span class="smcap">Earl of Warwick</span>—I desire to know of this witness, +whether he does not remember, or can name, some +particular kindnesses that passed between Mr. Coote +and me?</p> + +<p><span class="smcap">Lord High Steward</span>—Can you specify any particular +instances of kindness that passed between my lord +Warwick and Mr. Coote?</p> + +<p><span class="smcap">Cawthorne</span>—Yes; my lord of Warwick used generally +to pay the reckoning for Mr. Coote, and he did +so at this time.<span class="pagenum"><a name="Page_75" id="Page_75">[Pg 75]</a></span></p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire he may be +asked, between whom he apprehended the quarrel to +be at this time?</p> + +<p><span class="smcap">Lord High Steward</span>—You say, friend, there were +swords drawn and a quarrelling at the bar; can you +tell between whom the quarrel was?</p> + +<p><span class="smcap">Cawthorne</span>—My lord Warwick, my lord Mohun, +and capt. Coote, were all on one side, and the other +three were on the other side.</p> + +<p><span class="smcap">Earl of Warwick</span>—Who were the two persons that +it was apprehended the quarrel was between? I desire +he may be asked.</p> + +<p><span class="smcap">Lord High Steward</span>—You say, there were three on +the one side, and three on the other; pray, between +whom did you apprehend the quarrel to be?</p> + +<p><span class="smcap">Cawthorne</span>—I believe the quarrel was between Mr. +Coote and Mr. French.</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire to know of +this witness, what words he heard Mr. Coote say after +he and Mr. French returned into the house and came +out of the chairs.</p> + +<p><span class="smcap">Lord High Steward</span>—What do you say to the +question my lord proposes?</p> + +<p><span class="smcap">Cawthorne</span>—I heard Mr. Coote say, he would laugh +when he pleased, and he would frown when he pleased, +God damn him.</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire to know, who +he thinks those words were addressed to?</p> + +<p><span class="smcap">Lord High Steward</span>—To whom did Mr. Coote +speak these words?</p> + +<p><span class="smcap">Cawthorne</span>—Whether he spoke them particularly +to Mr. French or to the other two gentlemen who +were on the other side of the bar, I cannot directly +tell.<span class="pagenum"><a name="Page_76" id="Page_76">[Pg 76]</a></span></p> + +<p><span class="smcap">Earl of Warwick</span>—I desire to know of him, whether +Mr. Coote was not one of the three that was on the +outside of the bar?</p> + +<p><span class="smcap">Cawthorne</span>—Yes, my lord of Warwick, my lord +Mohun, and capt. Coote, were of the outside of the +bar.</p> + +<p><span class="smcap">Earl of Warwick</span>—Was capt. Coote with me in the +beginning of the night at that house?</p> + +<p><span class="smcap">Cawthorne</span>—Yes, he came at the beginning of the +night with my lord of Warwick.</p> + +<p><span class="smcap">Earl of Peterborough</span>—My lords, I desire to ask +this witness one question.</p> + +<p><span class="smcap">Lord High Steward</span>—I think it is proper, my lords, +in point of method, to let both sides have done before +any questions be asked by any of my noble lords.</p> + +<p><span class="smcap">Earl of Peterborough</span>—I did apprehend my lord +of Warwick had done.</p> + +<p><span class="smcap">Lord High Steward</span>—No, my lord, not as yet; +pray, my lord of Warwick, what other questions has +your lordship to ask of this witness?</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire he may be +asked particularly this question, whether he perceived +any quarrel particularly between me and capt. Coote +when we went out of the house?</p> + +<p><span class="smcap">Lord High Steward</span>—You hear the question, did +you perceive any quarrel between my lord Warwick +and Mr. Coote before they went out of the house?</p> + +<p><span class="smcap">Cawthorne</span>—No, I did not; nor ever saw any +quarrel between them in my life.</p> + +<p><span class="smcap">Earl of Warwick</span>—I desire to know who paid the +reckoning that night?</p> + +<p><span class="smcap">Cawthorne</span>—The reckoning was called for before I +came in to take it; and though I think my lord of +Warwick paid for Mr. Coote, yet I cannot so directly<span class="pagenum"><a name="Page_77" id="Page_77">[Pg 77]</a></span> +tell, because it was collected before I came into the +room to receive it.</p> + +<p><span class="smcap">Lord High Steward</span>—My lord, have you any thing +more to ask this witness?</p> + +<p><span class="smcap">Earl of Warwick</span>—No, my lord, at present, that I +think of.</p> + +<p><span class="smcap">Lord High Steward</span>—My lord Peterborough, your +lordship desired to ask a question, will you please to +propose it now?</p></div> + +<p>The Earl of Peterborough reminded the witness +that he had said that there were two sides, +and that Coote and Lord Warwick were on the +same side. He asked what Cawthorne meant +by this, and he explained that all six had their +swords drawn; that Mohun, Warwick, and Coote +were on one side of the bar, and the three +captains, James, French, and Dockwra on the +other: the cause of quarrel must have occurred +above stairs, but he heard nothing pass between +them.</p> + +<div class="blockquot"><p><span class="smcap">Lord High Steward</span>—But you have not given a +satisfactory answer to that question which the noble +lord, my lord Peterborough, asked you, What reason +you had to apprehend that the noble lord the prisoner +at the bar, and capt. Coote were of a side?</p> + +<p><span class="smcap">Cawthorne</span>—My lord Mohun came to the chairside, +when capt. Coote and capt. French were got into the +two first chairs, and told capt. Coote, that there should +be no quarrel that night but that they three, my lord +Warwick, my lord Mohun, and he, should go home +together; and I took them three to be of a side, +because they were on the outside of the bar together;<span class="pagenum"><a name="Page_78" id="Page_78">[Pg 78]</a></span> +and when they all went away, their three chairs went +away first, all three together.</p> + +<p><span class="smcap">Lord High Steward</span>—Is that all the reason you can +give why you say, they were three and three of a side?</p> + +<p><span class="smcap">Cawthorne</span>—Yes, my lord, I did apprehend it +so.</p> + +<p><span class="smcap">Attorney-General</span>—If my noble lords have done +with their questions I desire to ask this witness +another question; my lords, I think this person says, +that there was a quarrel at the bar of the house, and +swords drawn, and as he apprehended, three were on +the one side, and three on the other; but if I take +him right, I do not see that he has given your lordships +any manner of satisfaction, what reason he had to +apprehend there were three and three of a side; or, +which will be very material in this case, if your lordships +can get to the knowledge of it, which three were +on the one side, and which three were on the other; +or indeed, whether there were three and three of a +side, as your lordships will have reason by-and-bye to +enquire a little further into that matter. My lords, I +desire he may be asked this plain question, What words +or other passages he did perceive, that made him +apprehend there was a quarrel between them, and +they were three and three of a side?</p> + +<p><span class="smcap">Cawthorne</span>—I apprehended it from the words that +Mr. Coote said, That he would laugh when he pleased, +and frown when he pleased.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, my lord, I desire he +may be asked, who those words were spoken to, +and who they were applied to?</p> + +<p><span class="smcap">Cawthorne</span>—They were spoke to Mr. James, Mr. +French, and Mr. Dockwra, who were within side of +the bar.<span class="pagenum"><a name="Page_79" id="Page_79">[Pg 79]</a></span></p> + +<p><span class="smcap">Attorney-General</span>—Did he apply those words to +all those particular persons?</p> + +<p><span class="smcap">Cawthorne</span>—Yes, as I thought, for they three were +within the bar; my lord Warwick, my lord Mohun, +and Mr. Coote, were without the bar.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, my lord, I desire he +may be asked this question. Was that before the +swords were drawn, or afterwards?</p> + +<p><span class="smcap">Cawthorne</span>—It was before.</p> + +<p><span class="smcap">Attorney-General</span>—Then I desire he may be +asked, whether the swords were drawn upon those +words?</p> + +<p><span class="smcap">Cawthorne</span>—No, my lord; the time of drawing the +swords was when I went out to call chairs and coaches; +and I know not who drew the swords first, or when +they were drawn; but when I came back I found them +all drawn, and I heard them clashing.</p> + +<p><span class="smcap">Attorney-General</span>—Upon the oath you have taken, +was those words that you speak of Mr. Coote's that +he would laugh when he pleased, and frown when he +pleased, before the swords were drawn, or after the +swords were drawn?</p> + +<p><span class="smcap">Cawthorne</span>—Before the swords were drawn; for I +did not see the swords drawn till I came back.</p></div> + +<p>In answer to Lord Wharton, the witness said +that Mohun and Warwick had threatened to send +for a file of musketeers, and Mohun had done +all he could to pacify the quarrellers, and he +'particularly had his finger pricked with endeavouring +to cross their swords, and keeping +them from fighting; which was all he got from +it.' His hand was bloody; but the witness did<span class="pagenum"><a name="Page_80" id="Page_80">[Pg 80]</a></span> +not see him hurt, as he was outside at the time. +He received their reckoning just before they +came down to the bar and stayed there two or +three minutes afterwards. It was after Coote +came out of his chair that he heard him speak +the words he had deposed to; no reply was +made to them. Mohun, Warwick, and James +had all tried to stop the quarrel and threatened +to send for the guard; this was before the swords +were drawn downstairs.</p> + +<div class="blockquot"><p><span class="smcap">Attorney-General</span>—Pray, my lord, let him be +asked this question, Was it after they were three on +the one side, and three on the other, that my lord +Mohun and my lord Warwick spoke those words?</p> + +<p><span class="smcap">Cawthorne</span>—I apprehend the words were spoke +by Mr. Coote, That he would laugh when he pleased, +and frown when he pleased, before the swords were +drawn.</p> + +<p><span class="smcap">Lord High Steward</span>—But that which my lords +desire to know is, What the time was when my lord +Warwick and my lord Mohun declared their desire to +part them and make them friends; whether before or +after the swords drawn?</p> + +<p><span class="smcap">Cawthorne</span>—Before and after; for I was absent +when the swords were drawn.</p> + +<p><span class="smcap">Earl Rivers</span>—He says, that after my lord Mohun +and my lord Warwick threatened to send for the +musqueteers, they promised to be quiet. I desire to +know who he means by they?</p> + +<p><span class="smcap">Cawthorne</span>—Mr. James called to me, and said, I +need not go and call for the guards, for the quarrel +was over. There is one thing more that I forgot, my<span class="pagenum"><a name="Page_81" id="Page_81">[Pg 81]</a></span> +lord: After my lord Mohun and my lord Warwick +were gone away in their chairs, and Mr. Coote, I +heard Mr. Dockwra say to capt. James and capt. +French, they did not care a farthing for them, they +would fight them at any time.</p> + +<p><span class="smcap">Lord High Steward</span>—Who were together then?</p> + +<p><span class="smcap">Cawthorne</span>—Capt. James, Mr. French, and Mr. +Dockwra, after my lord Mohun and my lord Warwick +were gone with capt. Coote.</p> + +<p><span class="smcap">Lord High Steward</span>—Then Mr. French was with +them? Mr. Dockwra said so?</p> + +<p><span class="smcap">Cawthorne</span>—Yes, my lord.</p> + +<p><span class="smcap">Lord Wharton</span>—If I apprehend him aright, as to +what he says now, my lord of Warwick, my lord +Mohun, and capt. Coote, were gone away at that +time.</p> + +<p><span class="smcap">Cawthorne</span>—Yes, they were gone away in the three +first chairs, which my lord Mohun bid go home.</p> + +<p><span class="smcap">Lord Wharton</span>—Who does he say spoke those +words?</p> + +<p><span class="smcap">Lord High Steward</span>—You hear my noble lord's +question, who spoke those words? Repeat them +again.</p> + +<p><span class="smcap">Cawthorne</span>—When my lord Warwick, my lord +Mohun, and capt. Coote, were gone, I heard Mr. +Dockwra say to Mr. French and Mr. James, We don't +care a farthing for them, we will fight them at any +time.</p> + +<p><span class="smcap">Attorney-General</span>—I desire to know, whether +this witness testified any thing of this matter when he +was examined before the coroner?</p> + +<p><span class="smcap">Cawthorne</span>—No; I forgot those words when I was +examined before the coroner.</p> + +<p><span class="smcap">Attorney-General</span>—How soon after your examina<span class="pagenum"><a name="Page_82" id="Page_82">[Pg 82]</a></span>tion +did you recollect yourself as to what you now +speak?</p> + +<p><span class="smcap">Cawthorne</span>—The next day after.</p></div> + +<p>He had not mentioned the words he now said +were spoken by Dockwra either at the inquest +or at the trial at the Old Bailey.</p> + +<div class="blockquot"><p><i>Thomas Browne was sworn.</i></p> + +<p><span class="smcap">Lord High Steward</span>—What question do you ask +this witness, Mr. Attorney?</p> + +<p><span class="smcap">Attorney-General</span>—That he would acquaint your +lordships, whether he carried Mr. Richard Coote, the +person that was slain, upon the 29th or 30th of +October, from the Greyhound tavern in the Strand, +and to what place he carried him?</p> + +<p><span class="smcap">Lord High Steward</span>—You hear the question; +pray speak so loud that my lords may all hear what +you say.</p> + +<p><span class="smcap">Browne</span>—My Lords, I was between the hours of +one and two in the morning, on Sunday the 30th of +October last, with my fellows and our chair, at the +Buffler's Head Tavern at Charing-cross, and I heard +some people at Locket's, at the Greyhound in the +Strand, calling coach coach, a pretty while; but there +were no coaches in the street, nor that came to them; +when they could not get coaches then they called out +for chairs; and we coming to the door with our +chair, there were four other chairs there, and six +gentlemen stood in the passage; and then it was said, +there was not chairs enough, and there wanted one +more, and they stood discoursing; and the first man +came into my chair, who was capt. Coote, and my<span class="pagenum"><a name="Page_83" id="Page_83">[Pg 83]</a></span> +lord of Warwick he got into another; When the door +of the chair was shut up, we asked whither we should +go; but my lord Mohun came and bid open the chair +again; and we did so, and he returned into the house, +and there was some discourse between them standing +at the bar in the entry. Mr. Coote came out again +and came into my chair, and my lord Mohun and my +lord of Warwick went into two others; Mr. Coote bid +me carry him into Leicester fields, and to make all +the haste I could; my lord of Warwick and my lord +Mohun being in the next chairs, asked him, Whither +are you a-going, and called out twice, and he said, +To Leicester fields; pray do not, says my lord of +Warwick, but come along with us, and let it alone +till to-morrow; but he bid us go on; and as we were +turning up St. Martin's Lane, by the Cross Keys +tavern, my lord Mohun, and my lord Warwick called +out to us to stop, and their chairs came up to the +back door of the Cross Keys tavern, and there all the +three chairs were set on a-breast in St. Martin's Lane, +and while they were talking together, there came by +three chairs on the other side of the way; and Mr. +Coote bid us take up and make all the haste we could +to get before them into Leicester fields, so taking up +the chair again, Mr. Coote bid us make haste, and if +we could go no faster, he swore, damn him, he would +run his sword in one of our bodies: There were two +chairs before me, and my lord Mohun and my lord +Warwick followed in two chairs after me; and when +we came to the corner of Leicester fields, at Green +street end, all the three chairs were set down a-breast +again, and Mr. Coote put his hand in his pocket, and +took out half a guinea to pay, and said he had no silver; +and my lord of Warwick spoke to my lord Mohun, who<span class="pagenum"><a name="Page_84" id="Page_84">[Pg 84]</a></span> +took out three shillings out of his pocket, who said, +there was for my lord Warwick, captain Coote, and +himself; and when they were gone out, I took my +box and my pipe, and filled my pipe, and took the +lanthorn and lighted it, and by that time I had +lighted my pipe, I heard a calling out, Chair, chair, +again, towards the upper end of the square; so I took +my chair, and there was one of the chairs that was +not gone; and so we came up to the upper end of the +fields, and they called to us to bring the chairs over +the rails; we told them we did not know how to do +that, for we should not be able to get them back +again; at last we did get over the rails, and made up +close to the place where we heard the noise, for we +could see nothing, it being a very dark night; and +when we came up close to them, by our lanthorn +there were two gentlemen holding up Mr. Coote +under their arms, and crying out, My dear Coote, My +dear Coote!</p> + +<p><span class="smcap">Attorney-General</span>—Pray, who were those two +gentlemen?</p> + +<p><span class="smcap">Browne</span>—I did not know them, one was in red +cloaths, and the other had gold lace, and they would +have had me have taken Mr. Coote into my chair; +but seeing him bloody, and not able to help himself, +I said I would not spoil my chair, and so would not +meddle with him; but they said they would make me +any satisfaction for my chair, and desired me to take +him in; but he gave himself a spring from them, and +we found he was too heavy for us to lift over the rails, +and all we could do could not make him sit in the +chair, but the chair was broken with endeavouring to +place him there; and they said if we would carry him +to a surgeon's, they would give us £100 security;<span class="pagenum"><a name="Page_85" id="Page_85">[Pg 85]</a></span> +but we finding it impossible, the watch was called for, +but nobody would come near, for they said it was out +of their ward, and so they would not come anigh me; +and I staid about half an hour with my chair broken, +and afterwards I was laid hold upon, both I and my +partner, and we were kept till next night eleven +a-clock; and that is all the satisfaction that I have +had for my chair and every thing.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, my lord, I desire he +may recollect himself; for we do apprehend it is +very material, who it was that desired to take Mr. +Coote into the chair.</p> + +<p><span class="smcap">Browne</span>—I cannot tell who they were, it was so +very dark I could only see their cloaths.</p> + +<p><span class="smcap">Attorney-General</span>—Did you see the earl of +Warwick there?</p> + +<p><span class="smcap">Browne</span>—No, Sir, he was not there; one of them, +I tell you, had officers' cloaths on, red lined with +blue, and the other had gold lace on; there was +nobody there that held him up but them two.</p> + +<p><span class="smcap">Marquis of Normanby</span>—He says he saw two persons +holding up Mr. Coote; it would be very well to have +that matter very well settled, who those two persons +were; I desire to know how he is sure my lord of +Warwick was not one of them two?</p> + +<p><span class="smcap">Browne</span>—I know my lord of Warwick very well, +and I am sure he was neither of the two.</p> + +<p><span class="smcap">Duke of Leeds</span>—I would know what light he had to +discern it so well by, that he can be sure my lord of +Warwick was not there; for he says it was a very +dark night, and yet he describes the particular +persons that held Mr. Coote up.</p> + +<p><span class="smcap">Browne</span>—Yes, my lord, I am sure my lord of +Warwick was none of them.<span class="pagenum"><a name="Page_86" id="Page_86">[Pg 86]</a></span></p> + +<p><span class="smcap">Duke of Leeds</span>—How could you distinguish in so +dark a night, the colours of people's cloaths?</p> + +<p><span class="smcap">Browne</span>—With the candle that I had lighted in +my lanthorn.</p> + +<p><span class="smcap">Duke of Leeds</span>—He could not know any of the +persons unless he held a lanthorn to their faces, or +knew them very well before.</p> + +<p><span class="smcap">Lord High Steward</span>—My lord Warwick, will your +lordship ask this witness any questions?</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire he may be +asked, Whether I did not bid him stop at St. +Martin's-lane end, and do all that I could to hinder +Mr. Coote from going any further, but to go home?</p> + +<p><span class="smcap">Browne</span>—The earl of Warwick, and my lord +Mohun, as they turned up the lane, asked Mr. +Coote, whither he was going? And when he said +to Leicester-fields, they desired him to let it alone +till to-morrow; and my lord Mohun said he should +go home with him; but the other bid us go on, and +said he would not go to his lodgings, but that they +would make an end of it that night; still they called +to him again, Dear Coote, let us speak a word with +you; and as the chairs came to the back-door of the +Cross-keys tavern, there they stood all of a breast, +and they both of them spoke to him, and stood a +pretty while there, and in the mean time three chairs +passed by on the other side; he commanded us to +take up, and carry him away to Leicester-fields +immediately, and overtake the other chairs, or he +would run one of us into the body.</p> + +<p><span class="smcap">Lord High Steward</span>—Would your lordship ask +him any more questions?</p> + +<p><span class="smcap">Earl of Warwick</span>—No, my lord.</p> + +<p><span class="smcap">Attorney-General</span>—My lord, I observe, he says<span class="pagenum"><a name="Page_87" id="Page_87">[Pg 87]</a></span> +they discoursed some time together while they +stopped in St. Martin's-lane; I desire that he may be +asked, Whether he can tell what that discourse was?</p> + +<p><span class="smcap">Browne</span>—I could not well hear, they whispered +together, but I could hear my lord Mohun, and my +lord of Warwick, desire capt. Coote to go home, and +let the business alone till another time.</p> + +<p><span class="smcap">Attorney-General</span>—I desire he may explain himself, +what that business was that they would have put +off till to-morrow.</p> + +<p><span class="smcap">Browne</span>—I know not what it was; I heard of no +anger betwixt them, but they were as good friends, +for anything I know to the contrary, as ever they +were in their lives or as ever I see any men.</p> + +<p><span class="smcap">Attorney-General</span>—Our next witness is William +Crippes. [Who was sworn.]</p> + +<p><span class="smcap">Lord High Steward</span>—What do you ask this man, +Mr. Attorney?</p> + +<p><span class="smcap">Attorney-General</span>—Pray, will you give my lords +here an account who you carried to Leicester-fields, +the 29th or 30th of October, and what happened in +your knowledge at that time?</p> + +<p><span class="smcap">Crippes</span>—Captain Coote was the first man that +went into the chair when we came to the Greyhound +tavern; afterwards he came out again, and when we +took him up the second time, he was the first man +that set out; and he bid us carry him to Leicester-fields; +and when we came to the corner of St. +Martin's-lane, we turned up that way; and my lord +of Warwick, and my lord Mohun, called to us, being +in chairs behind, to know whither we were going, +and desired to speak with captain Coote; and he said +he was going to Leicester-fields; and when they +asked, what to do? He said, to end the business:<span class="pagenum"><a name="Page_88" id="Page_88">[Pg 88]</a></span> +they desired him to put it off till to-morrow; and while +they were discoursing about it in St. Martin's-lane, +there passed by other three chairs, which, when +captain Coote saw, he bid us take up and overtake +them, and go faster, or he would run one of us into +the body: so we went on, and at the lower end of +Leicester-fields we set him down; and the other two +gentlemen, my lord Warwick and my lord Mohun, +were there set down, and went lovingly together, for +any thing that I saw, up the pavement of the square, +towards the upper end; and in a little time we heard +a noise of calling for chairs towards the upper end, +and when we came there with the chair, we were bid +to lift over the chair within the rails; and when we +said it was hard to be done, they insisted upon it, and +we did come in; and when we came there we saw +two gentlemen holding up captain Coote, and would +have had us taken him into the chair; we saw there +was a great deal of blood, but I never heard how it +came, and they would have had us carried him to a +French surgeon's, and proffered any money.</p> + +<p><span class="smcap">Attorney-General</span>—My lord, I desire to know, +who they were that desired him to be carried to the +surgeon?</p> + +<p><span class="smcap">Lord High Steward</span>—You hear the question, what +say you?</p> + +<p><span class="smcap">Crippes</span>—I cannot tell, my lord; one of them had +something of lace upon him, but it was so dark that I +could hardly see my hand, and therefore I cannot tell +who they were; and when there was an objection +made, that the chairs would be spoiled, they said we +need not question our chair, they would give us +£100 security to answer any damages, if we would +but carry him; so we endeavoured to put him into<span class="pagenum"><a name="Page_89" id="Page_89">[Pg 89]</a></span> +the chair, but could not; and so we called out to +the watch, to have had some help; but they said it +was none of their ward, and so they would not come +to us; so the gentlemen went away, and we left them, +and went and called a surgeon, who, when he came, +said, he was a dead man, and we were secured till +the next day.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, my lord, I desire he +may be asked, Were there not other chairs in that +place at the time?</p> + +<p><span class="smcap">Crippes</span>—There was one in the Field besides, and +no more that I could see; they all went away but +us two.</p> + +<p><span class="smcap">Attorney-General</span>—What distance of time was +there between their setting down in Leicester-fields, +and their calling the chairs again?</p> + +<p><span class="smcap">Crippes</span>—Not a quarter of an hour.</p> + +<p><span class="smcap">Attorney-General</span>—What became of the three +chairs that passed by you in St. Martin's-lane?</p> + +<p><span class="smcap">Crippes</span>—They got before us; but what became of +them afterwards I cannot tell.</p> + +<p><span class="smcap">Attorney-General</span>—Did they come from the same +place, the tavern in the Strand that you were at?</p> + +<p><span class="smcap">Crippes</span>—Yes, I believe they did, my lord; for +capt Coote bid us follow them, and threatened us +if we did not make greater haste.</p> + +<p><span class="smcap">Attorney—General</span>—Do you know my lord of +Warwick?</p> + +<p><span class="smcap">Crippes</span>—Yes, he had whitish cloaths on; and none +but he had such clothes on as those were.</p> + +<p><span class="smcap">Lord High Steward</span>—Will your lordship ask this +witness any questions?</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire he may be +asked, Whether I did not bid him stop? and,<span class="pagenum"><a name="Page_90" id="Page_90">[Pg 90]</a></span> +whether I did not say, they should not go to quarrel +that night?</p> + +<p><span class="smcap">Attorney-General</span>—My lord, I desire to know of +him, directly and downright, Whether my lord of +Warwick was not one of them that held him when +he was within the rails of the fields?</p> + +<p><span class="smcap">Crippes</span>—No, he was not; he was neither of them; +for the one of them was too big for him, and the other +was too little for my lord Mohun.</p> + +<p><span class="smcap">Attorney-General</span>—Now we call the chairman +that carried the earl of Warwick into Leicester-fields, +James Crattle.</p> + +<p>(He was sworn.)</p> + +<p><span class="smcap">Attorney-General</span>—Will you tell my lords what +you know of any person that you carried the 29th or +30th of October last, from the Greyhound tavern in +the Strand, and who it was, and whither you carried +him?</p> + +<p><span class="smcap">Crattle</span>—I was going along Charing-cross, between +one and two in the morning, the 30th of October, last, +and I heard a chair called for at Locket's at the Dog +tavern; and thither I and my partner went, and we took +up the gentleman, and carried him to Leicester-fields.</p> + +<p><span class="smcap">Attorney-General</span>—Who was that gentleman?</p> + +<p><span class="smcap">Crattle</span>—It was my lord of Warwick.</p> + +<p><span class="smcap">Attorney-General</span>—What time of night do you +say it was?</p> + +<p><span class="smcap">Crattle</span>—It was about one or two in the morning.</p> + +<p><span class="smcap">Attorney-General</span>—What day of the week was it?</p> + +<p><span class="smcap">Crattle</span>—It was Saturday night and Sunday +morning.</p> + +<p><span class="smcap">Attorney-General</span>—Whither did you carry him?</p> + +<p><span class="smcap">Crattle</span>—Into Green-street, towards the lower end +of Leicester-square.<span class="pagenum"><a name="Page_91" id="Page_91">[Pg 91]</a></span></p> + +<p><span class="smcap">Attorney-General</span>—What chairs were there more +there?</p> + +<p><span class="smcap">Crattle</span>—There was one that captain Coote was in, +and another that my lord Mohun was in, and we went +away all together.</p> + +<p><span class="smcap">Attorney-General</span>—Were there no other chairs?</p> + +<p><span class="smcap">Crattle</span>—I did not know who went in the other +chairs, but there were three other chairs that passed +by us at St Martin's-lane, and we followed after them +to Leicester-fields.</p> + +<p><span class="smcap">Attorney-General</span>—Pray what became of you after +you had set down your fare?</p> + +<p><span class="smcap">Crattle</span>—We were discharged and paid; the other +three went up towards my lord of Leicester's; but we +were coming away, and in a little time we heard the +noise of calling chairs! chairs! again, and there were +two chairs did come up, Thomas Browne's and ours; +my lord of Warwick called our chair, and we took +him into it, and he bid us carry him to the Bagnio +in Long-acre; and when we came there we knocked +at the door, and his hand was bloody, and he asked +us if we had any handkerchief to bind up his hand.</p> + +<p><span class="smcap">Attorney-General</span>—Was there any other chairs +at the door of the Bagnio, at the same time when you +came there?</p> + +<p><span class="smcap">Crattle</span>—Yes, there was another chair there at the +door at the same time, and we set down both together.</p> + +<p><span class="smcap">Attorney-General</span>—Pray whence came that chair?</p> + +<p><span class="smcap">Crattle</span>—Indeed, I do not know.</p> + +<p><span class="smcap">Attorney-General</span>—Who were the chairmen that +carried that chair?</p> + +<p><span class="smcap">Crattle</span>—Indeed, my lord Mohun and my lord +Warwick were the only persons that I knew of all +the company.<span class="pagenum"><a name="Page_92" id="Page_92">[Pg 92]</a></span></p> + +<p><span class="smcap">Attorney-General</span>—What sort of gentleman was +the other, that went out of the other chair into the +house?</p> + +<p><span class="smcap">Crattle</span>—He was a pretty tall man; when he was +in we went away; I only can say, I saw my lord of +Warwick go into the house.</p> + +<p><span class="smcap">Attorney-General</span>—Did you take any notice of +any sword that my lord of Warwick had in his hand +at that time?</p> + +<p><span class="smcap">Crattle</span>—No; I cannot say I did take any notice +of any sword, only that there was a handkerchief +desired.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, did you hear no noise +at all in the field, till you heard chairs called for +again?</p> + +<p><span class="smcap">Crattle</span>—No; I cannot say I heard any noise in +the field.</p> + +<p><span class="smcap">Attorney-General</span>—Did you apprehend there was +any fighting?</p> + +<p><span class="smcap">Crattle</span>—No, I knew nothing at all of it; but +upon the calling of chairs again, and my lord Warwick +coming along, we took him in, and he bid us go +to the Bagnio, and thither we went.</p> + +<p><span class="smcap">Attorney-General</span>—My lord, we have done with +this witness.</p> + +<p><span class="smcap">Lord High Steward</span>—My lord Warwick, will you +ask this witness any questions?</p> + +<p><span class="smcap">Earl of Warwick</span>—No, my lord.</p></div> + +<p><i>Gibson</i>, the other chairman who carried the +Earl of Warwick, was then called, and gave +substantially the same evidence as the last +witness.</p> + +<p><i>Applegate</i> carried Lord Mohun to Leicester<span class="pagenum"><a name="Page_93" id="Page_93">[Pg 93]</a></span> +Fields, and corroborated the account of the +journey thither given by the other witnesses.</p> + +<div class="blockquot"><p><span class="smcap">Attorney-General</span>—What then happened afterwards, +can you tell?</p> + +<p><span class="smcap">Applegate</span>—I cannot tell whether I had lighted +my pipe, or was just lighting it, when I heard chairs +called again; upon which we run up with our chairs +towards the upper end of the fields, and there I did +see my lord of Warwick within the rails, who bid us +put over our chair into the fields; but we told him, +if we did, we could not get it over again; and so we +went with our chair to the corner of the fields; and +when we came there, there came out captain French, +who bid us open our chairs, and let him in, for he +did believe he was a dead man; and upon that we +did take him in, and he bid us carry him with all +the speed we could to the Bagnio in Long-acre, and +my lord of Warwick got into another chair behind; +so we went to Long-acre; and when we came to the +door of the Bagnio and captain French came out of +the chair, he was so weak that he fell down upon his +knees; and when he came out, I asked who should pay +me, and desired to be discharged; and the earl of Warwick +said, Damn ye, call for your money to-morrow; +so they both went in at the Bagnio door together.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, who called for the chair +first, captain French, or my lord of Warwick, in the +fields?</p> + +<p><span class="smcap">Applegate</span>—I cannot tell; but when I brought up +my chair, I first saw my lord of Warwick, and he +would have had me lifted the chair over the rails, +and I told him we could not get it over again, and +so went up to the upper end of the fields.<span class="pagenum"><a name="Page_94" id="Page_94">[Pg 94]</a></span></p> + +<p><span class="smcap">Attorney-General</span>—If you first spoke with my +lord of Warwick, why did you not carry my lord of +Warwick?</p> + +<p><span class="smcap">Applegate</span>—Indeed I cannot tell; but I suppose it +was because he did not come so soon out of the +fields as captain French, or did not come the same +way.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, do you remember anything +that happened just at their carrying capt. French +away?</p> + +<p><span class="smcap">Applegate</span>—Before he went into the chair, he +stopped and would have pulled off his cloaths, but +we would not let him.</p> + +<p><span class="smcap">Attorney-General</span>—Did you see any sword capt. +French had?</p> + +<p><span class="smcap">Applegate</span>—I did see no sword that I can say +directly was a sword; but capt. French had something +in his hand, but what it was I cannot tell.</p> + +<p><span class="smcap">Attorney-General</span>—What was it that he said to +you, when he first went into the chair?</p> + +<p><span class="smcap">Applegate</span>—He desired to be carried to the Bagnio; +for he said he believed he was a dead man.</p> + +<p><span class="smcap">Attorney-General</span>—Pray friend, recollect yourself, +if you heard him say any thing at all when he +first went into the chair at the Greyhound tavern?</p> + +<p><span class="smcap">Applegate</span>—I did not hear him mention any thing +at all.</p> + +<p><span class="smcap">Attorney-General</span>—Pray what did you hear my +lord of Warwick say at that time?</p> + +<p><span class="smcap">Applegate</span>—Truly, I cannot say I heard him +mention any thing at all neither; but I did hear my +lord Mohun say, when he could not prevail, in St. +Martin's-lane, with captain Coote to go home, that if +they did go he would go and see it.<span class="pagenum"><a name="Page_95" id="Page_95">[Pg 95]</a></span></p> + +<p><span class="smcap">Attorney-General</span>—If they did go; who did he +mean by they?</p> + +<p><span class="smcap">Applegate</span>—My lord Warwick and captain Coote +that were in the other chairs; there was nobody else +to speak to.</p> + +<p><span class="smcap">Attorney-General</span>—Was there any talk of fighting +or quarrelling?</p> + +<p><span class="smcap">Applegate</span>—No, indeed, I do not know of any +difference there was between them.</p> + +<p><span class="smcap">Lord High Steward</span>—My lord Warwick, will your +lordship ask this witness any questions?</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire he may be +asked, Whether I did not endeavour to put off the +going into Leicester-fields, and to have all things let +alone till to-morrow.</p> + +<p><span class="smcap">Applegate</span>—My lord, I cannot say any thing of that; +but I did hear my lord Mohun beg heartily of captain +Coote to go home, and let the business alone till +another time; and indeed I think, I never heard a +man beg more heartily for an alms at a door, than he +did, that they might not go into the fields then; but +I cannot say that I heard any thing that my lord of +Warwick said about it.</p> + +<p><span class="smcap">Lord High Steward</span>—Will your lordship ask him +any other questions?</p> + +<p><span class="smcap">Earl of Warwick</span>—No, my lord.</p></div> + +<p>Catro, who was the second chairman who +carried Lord Mohun's chair, corroborated Applegate's +evidence. Palmer, Jackson, and Edwards +were three chairmen who had helped to carry +French, James, and Dockwra to Leicester Fields; +but they had nothing to add to the evidence +already given.<span class="pagenum"><a name="Page_96" id="Page_96">[Pg 96]</a></span></p> + +<p><i>Pomfret</i> was a servant at the Bagnio in Long +Acre. In answer to the Attorney-General he +said:—</p> + +<div class="blockquot"><p>My lord, on Sunday the 30th of October last, +between two and three in the morning, there came to +my master's door the earl of Warwick, and knocked +at the door, and there was capt. French with him; +and when they were let in, my lord of Warwick told +me that capt. French was wounded, and he himself +had a wound, and he desired that my master might +be called up for to dress the wounds; especially, +because capt. French was very much wounded; which +accordingly was done in about a quarter of an hour +after they were brought in.</p> + +<p><span class="smcap">Attorney-General</span>—Did he desire to be concealed +when he was come in?</p> + +<p><span class="smcap">Lord High Steward</span>—Of whom do you speak, Mr. +Attorney?</p> + +<p><span class="smcap">Attorney-General</span>—My lord of Warwick.</p> + +<p><span class="smcap">Pomfret</span>—He did desire, that if any body asked for +him, it should be said he was not there.</p> + +<p><span class="smcap">Attorney-General</span>—Pray in what condition did +my lord of Warwick seem to be in at that time?</p> + +<p><span class="smcap">Pomfret</span>—He seemed to be very much concerned +at that time, and his right hand, in which he had +his sword, and which was drawn, was very much +bloody.</p> + +<p><span class="smcap">Attorney-General</span>—Was the sword bloody that he +had in his hand?</p> + +<p><span class="smcap">Pomfret</span>—The blade was bloody; but whether it +was all over bloody, I cannot tell; there was besides +some blood upon the shell; it was very near all over +bloody, as I remember.<span class="pagenum"><a name="Page_97" id="Page_97">[Pg 97]</a></span></p> + +<p><span class="smcap">Attorney-General</span>—Pray, friend, consider what +you swore at the Coroner's Inquest about the blood +upon the sword.</p> + +<p><span class="smcap">Pomfret</span>—Indeed I cannot say it was bloody all +along the blade; but there was blood upon the shell, +and there was blood upon the inside: it was so, to +the best of my remembrance.</p> + +<p><span class="smcap">Attorney-General</span>—What condition was Mr. +French's sword in?</p> + +<p><span class="smcap">Pomfret</span>—He had a drawn sword in his hand, but I +did not perceive it had any blood upon it; it was a +large blade.</p> + +<p><span class="smcap">Attorney-General</span>—How do you know what sort +of sword Mr. French's was, and in what condition it +was?</p> + +<p><span class="smcap">Pomfret</span>—He desired me to take notice of it +next morning, and I did so; and there was no blood +upon it.</p> + +<p><span class="smcap">Attorney-General</span>—How came you to be desired +to take notice of what passed there about the swords?</p> + +<p><span class="smcap">Pomfret</span>—My lord, there was three of them the +next day, and one, it was said, was Mr. Coote's, and +another of them was my lord of Warwick's, which I +do believe was bloody from the point upwards, very +near; but I cannot directly say but that was afterwards.</p> + +<p><span class="smcap">Attorney-General</span>—Who brought in that sword +that you say was Mr. Coote's?</p> + +<p><span class="smcap">Pomfret</span>—To the best of my remembrance, capt. +Dockwra brought it in; it was almost half an hour +after my lord Warwick and capt. French came in to +the house, when they came thither.</p> + +<p><span class="smcap">Attorney-General</span>—They, who do you mean?</p> + +<p><span class="smcap">Pomfret</span>—Captain James and he.<span class="pagenum"><a name="Page_98" id="Page_98">[Pg 98]</a></span></p> + +<p><span class="smcap">Attorney-General</span>—Were they let in presently?</p> + +<p><span class="smcap">Pomfret</span>—No, my lord of Warwick had desired +that they might be private there; but when they +knocked at the door, my lord of Warwick desired to +know who they were; and when it was understood +that they were Mr. James and Mr. Dockwra, they +were let in by my lord's order.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, which of all the four +brought in any sword in a scabbard?</p> + +<p><span class="smcap">Pomfret</span>—It was captain Dockwra.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, did they appear to be +all of a party?</p> + +<p><span class="smcap">Pomfret</span>—They were glad to see one another; and +they talked a pretty while together; but indeed I +cannot say I heard what they talked.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, do you remember my +lord of Warwick's sword, and what there was upon +it?</p> + +<p><span class="smcap">Pomfret</span>—It was a steel sword, water-gilt, and as +near as I can remember, there was blood upon it for +the most part from the point upward.</p> + +<p><span class="smcap">Attorney-General</span>—And what did appear upon +Mr. French's sword?</p> + +<p><span class="smcap">Pomfret</span>—There was water and dirt, but there was +no blood at all.</p> + +<p><span class="smcap">Attorney-General</span>—How long did they stay there?</p> + +<p><span class="smcap">Pomfret</span>—They all continued about half an hour; +and then went away, all but Mr. French, who staid +there.</p> + +<p><span class="smcap">Attorney-General</span>—What then became of the +others?</p> + +<p><span class="smcap">Pomfret</span>—Mr. James, Mr. Dockwra, and my lord +of Warwick went away; and my lord of Warwick +desired particularly, that we would all take care of<span class="pagenum"><a name="Page_99" id="Page_99">[Pg 99]</a></span> +Mr. French, for he was his particular friend; and +Mr. French continued there till Sunday about one of +the clock.</p> + +<p><span class="smcap">Attorney-General</span>—Was there any discourse at +that time about Mr. Coote?</p> + +<p><span class="smcap">Pomfret</span>—Not that I heard of, one word.</p> + +<p><span class="smcap">Attorney-General</span>—Was there any notice taken +of any quarrel that happened between any body, and +who?</p> + +<p><span class="smcap">Pomfret</span>—No, indeed, I did not hear them take +notice of any quarrel at all between any body.</p> + +<p><span class="smcap">Attorney-General</span>—You say Mr. French, when +he came into your house, was wounded, and there +was care particularly taken of him because he was +wounded.</p> + +<p><span class="smcap">Pomfret</span>—Yes; my lord of Warwick desired to +take care of him.</p> + +<p><span class="smcap">Attorney-General</span>—Then pray, was there no discourse +how he came to be wounded?</p> + +<p><span class="smcap">Pomfret</span>—Indeed I do not know how he came to +be wounded; nor did I hear one word of discourse +about it; indeed I cannot say any thing who wounded +him.</p> + +<p><span class="smcap">Attorney-General</span>—Pray will you recollect yourself, +and tell my lords what sort of handle had my +lord of Warwick's sword when you saw it?</p> + +<p><span class="smcap">Pomfret</span>—It had a steel handle.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, can you tell whether +the shell was open or close?</p> + +<p><span class="smcap">Pomfret</span>—I cannot tell justly; I saw it, and that +was all.</p> + +<p><span class="smcap">Attorney-General</span>—If I apprehend you, you say +my lord had a wound in his hand.</p> + +<p><span class="smcap">Pomfret</span>—Yes, my lord, he had so.<span class="pagenum"><a name="Page_100" id="Page_100">[Pg 100]</a></span></p> + +<p><span class="smcap">Attorney-General</span>—Pray, in what hand was it +that he was wounded?</p> + +<p><span class="smcap">Pomfret</span>—To the best of my remembrance, it was +in his right hand.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, did there appear much +blood there?</p> + +<p><span class="smcap">Pomfret</span>—Yes, my lord, indeed there did.</p> + +<p><span class="smcap">Serjeant Wright</span>—You talk of Mr. James and +Mr. Dockwra's swords; pray in what condition were +they?</p> + +<p><span class="smcap">Pomfret</span>—Mr. Dockwra's sword was by his side, +and not drawn.</p> + +<p><span class="smcap">Serjeant Wright</span>—What did you observe of captain +James's sword?</p> + +<p><span class="smcap">Pomfret</span>—His sword was naked, and he had lost +his scabbard; but how that came I cannot tell; and +there was dirt on one side of the sword; and he said +he had left his scabbard behind him.</p> + +<p><span class="smcap">Attorney-General</span>—Was there any blood upon +his sword?</p> + +<p><span class="smcap">Pomfret</span>—No, there was no blood that I did see +upon it.</p> + +<p><span class="smcap">Attorney-General</span>—Pray did you see any blood +upon Mr. Dockwra's sword?</p> + +<p><span class="smcap">Pomfret</span>—No, indeed, I did not see Mr. Dockwra's +sword, it was in the scabbard by his side.</p></div> + +<p>Warwick's was 'a pretty broad sword': he +did not take notice what length or breadth the +other swords were of; French's sword was not a +broad sword; he saw the swords at about three +in the morning. James broke his sword on the +floor after he came in.<span class="pagenum"><a name="Page_101" id="Page_101">[Pg 101]</a></span></p> + +<p><i>Goodall</i>, a servant in the Bagnio, and his wife +were called. They spoke to Warwick coming in +with his sword drawn in his hand and bloody; +his hand was wounded. There was blood on +the hilt of his sword, which was a close one. +French may have come in with Warwick; James +and Dockwra came in half an hour afterwards. +Warwick gave orders that nobody was to be admitted; +but he opened the door for James and +Dockwra when they knocked and he saw who +they were. Warwick, James, and Dockwra went +away in a little time, Warwick ordering that +particular care should be taken of French, who +was his friend.</p> + +<p><i>Henry Amy</i>, the surgeon who lived at the +Bagnio, was called, and said that he was called +up at two in the morning of the 20th of October +to attend the lord Warwick and captain French. +The latter was seriously wounded, the former on +the first joint of his fore-finger. While French's +wound was being dressed there was a knocking +at the door; Warwick ordered that nobody +should be admitted, but when he found it was +James and Dockwra ordered that they should be +let in. They and Warwick went away in a little +time, the latter telling the witness to take +particular care of French. Warwick's sword was +very bloody; French called for his sword the +next morning, when the witness saw it, and it +was a little dirty, but not with blood. There was<span class="pagenum"><a name="Page_102" id="Page_102">[Pg 102]</a></span> +no talk of any quarrel; the witness asked no +questions; he did not then hear anything about +Coote being killed. French's sword was a +middle-sized one; it was not a broad blade.</p> + +<div class="blockquot"><p><span class="smcap">Lord High Steward</span>—Mr. Attorney, who is your +next witness?</p> + +<p><span class="smcap">Attorney-General</span>—Captain Loftus Duckinfield.</p> + +<p>(Who was sworn).</p> + +<p><span class="smcap">Attorney-General</span>—This gentleman will acquaint +your lordships what discourse past between these +gentlemen the next day; pray, Sir, acquaint my lords +what you heard about Mr. Coote's death, and when +and where.</p> + +<p><span class="smcap">Captain Duckinfield</span>—Early in the morning I was +told of this accident.</p> + +<p><span class="smcap">Attorney-General</span>—By whom?</p> + +<p><span class="smcap">Captain Duckinfield</span>—One of the company, I cannot +tell who, I think they were all together then, my +lord of Warwick, capt. James, capt. Dockwra, and +nobody else.</p> + +<p><span class="smcap">Attorney-General</span>—What was their discourse?</p> + +<p><span class="smcap">Captain Duckinfield</span>—They said, they believed +captain Coote was killed.</p> + +<p><span class="smcap">Attorney-General</span>—Did they tell you by whom?</p> + +<p><span class="smcap">Captain Duckinfield</span>—By Mr. French, every body +did say he was his adversary.</p> + +<p><span class="smcap">Attorney-General</span>—What account was given of +the action?</p> + +<p><span class="smcap">Captain Duckinfield</span>—They said it was done in +the dark, and capt. French was his adversary.</p> + +<p><span class="smcap">Attorney-General</span>—Was there any notice taken +of any duel?</p> + +<p><span class="smcap">Captain Duckinfield</span>—Yes, there was, between<span class="pagenum"><a name="Page_103" id="Page_103">[Pg 103]</a></span> +those two, and the other persons on both sides; and +it was said my lord of Warwick was friend to Mr. +Coote, and my lord Mohun.</p> + +<p><span class="smcap">Attorney-General</span>—Who were on the other +side?</p> + +<p><span class="smcap">Captain Duckinfield</span>—Mr. Dockwra and Mr. +James.</p> + +<p><span class="smcap">Attorney-General</span>—Was there any discourse, who +actually fought?</p> + +<p><span class="smcap">Captain Duckinfield</span>—It was said, that capt. +French fought with capt. Coote, as they believed, and +Mr. James with my lord of Warwick.</p> + +<p><span class="smcap">Attorney-General</span>—Did you see my lord of +Warwick's sword?</p> + +<p><span class="smcap">Captain Duckinfield</span>—Some time of the day I did; +but I cannot tell whether it was in the morning, +or no.</p> + +<p><span class="smcap">Attorney-General</span>—In what condition was it? +Was it bloody or not?</p> + +<p><span class="smcap">Captain Duckinfield</span>—It was a steel sword.</p> + +<p><span class="smcap">Attorney-General</span>—How long did they stay with +you?</p> + +<p><span class="smcap">Captain Duckinfield</span>—About half an hour.</p> + +<p><span class="smcap">Attorney-General</span>—Did they come publicly?</p> + +<p><span class="smcap">Captain Duckinfield</span>—We went away in a hackney +coach together.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, what discourse was +there about consulting to go into the country together?</p> + +<p><span class="smcap">Captain Duckinfield</span>—That might be discoursed, +but by whom I cannot tell.</p> + +<p><span class="smcap">Attorney-General</span>—Did my lord of Warwick talk +of going into the country?</p> + +<p><span class="smcap">Captain Duckinfield</span>—Whether the company<span class="pagenum"><a name="Page_104" id="Page_104">[Pg 104]</a></span> +talked of it, or my lord of Warwick in particular, +and the rest assented to it, I cannot well tell.</p> + +<p><span class="smcap">Attorney-General</span>—Whither did they go?</p> + +<p><span class="smcap">Captain Duckinfield</span>—I cannot directly tell.</p> + +<p><span class="smcap">Attorney-General</span>—What time of the day was +it?</p> + +<p><span class="smcap">Captain Duckinfield</span>—It was about six of the +clock.</p> + +<p><span class="smcap">Attorney-General</span>—Cannot you tell whither they +went?</p> + +<p><span class="smcap">Captain Duckinfield</span>—Capt. James and capt. +Dockwra went to the Ship and Castle in Cornhill +about five o'clock or six, as near as I can remember.</p> + +<p><span class="smcap">Attorney-General</span>—Can you tell what time my +lord of Warwick went away?</p> + +<p><span class="smcap">Captain Duckinfield</span>—No, I cannot tell what time +he went away, not directly.</p> + +<p><span class="smcap">Attorney-General</span>—Can you tell of any agreement +amongst them, whither they were to go?</p> + +<p><span class="smcap">Captain Duckinfield</span>—No I cannot.</p> + +<p><span class="smcap">Attorney-General</span>—What discourse or concern +did you observe past between them, concerning capt. +Coote?</p> + +<p><span class="smcap">Captain Duckinfield</span>—My lord of Warwick shewed +a great deal of concern for his friend Mr. Coote.</p> + +<p><span class="smcap">Attorney-General</span>—Had you any notice of Mr. +Coote's death amongst you?</p> + +<p><span class="smcap">Captain Duckinfield</span>—We had notice before we +went away; but I cannot tell whether it was before +my lord of Warwick was gone.</p> + +<p><span class="smcap">Attorney-General</span>—Was it after the discourse of +going into the country, or before?</p> + +<p><span class="smcap">Captain Duckinfield</span>—Indeed, I cannot directly +say when it was.<span class="pagenum"><a name="Page_105" id="Page_105">[Pg 105]</a></span></p> + +<p><span class="smcap">Attorney-General</span>—Pray, what reason was there +for their going into the country before he was dead?</p> + +<p><span class="smcap">Captain Duckinfield</span>—They believed he was +dead.</p> + +<p><span class="smcap">Attorney-General</span>—Cannot you tell the reason +why they would go into the country?</p> + +<p><span class="smcap">Captain Duckinfield</span>—No, indeed, I cannot tell +the reason.</p> + +<p><span class="smcap">Attorney-General</span>—Did you observe my lord of +Warwick's sword? Was there any blood upon it?</p> + +<p><span class="smcap">Captain Duckinfield</span>—I cannot say his sword was +bloody at the point; the whole blade and shell was +bloody, to the best of my remembrance.</p> + +<p><span class="smcap">Attorney-General</span>—What sort of a sword was it?</p> + +<p><span class="smcap">Captain Duckinfield</span>—It was a pretty broad blade, +a hollow blade, and a hollow open shell.</p> + +<p><span class="smcap">Attorney-General</span>—Was there any discourse concerning +capt. French?</p> + +<p><span class="smcap">Captain Duckinfield</span>—Yes, they thought he was +very ill wounded.</p> + +<p><span class="smcap">Attorney-General</span>—Was there any, and what, +discourse who should give my lord of Warwick his +wound?</p> + +<p><span class="smcap">Captain Duckinfield</span>—It was said, they believed +capt. James gave my lord his wound.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, was there any blood +upon Mr. James's sword, or was he wounded?</p> + +<p><span class="smcap">Captain Duckinfield</span>—I saw no wound upon capt. +James, that I know of.</p> + +<p><span class="smcap">Lord High Steward</span>—Do you believe that my lord +Warwick's sword was bloodied with the hurt of his +own hand, or any otherwise?</p> + +<p><span class="smcap">Captain Duckinfield</span>—I cannot tell; it was a cut +shell, and the outside bloody as well as the in.<span class="pagenum"><a name="Page_106" id="Page_106">[Pg 106]</a></span></p> + +<p><span class="smcap">Lord High Steward</span>—My lord Warwick, will your +lordship ask this witness any questions?</p> + +<p><span class="smcap">Earl of Warwick</span>—No, my lord.</p> + +<p><span class="smcap">Lord High Steward</span>—Mr. Attorney, if you have +any other witness, pray call them.</p></div> + +<p>Another Witness was produced, that belonged to +the Ship and Castle in Cornhill.</p> + +<div class="blockquot"><p><span class="smcap">Attorney-General</span>—This man will give you an +account what passed at his house at that time, and +between whom; pray, will you tell my lords who was +at your house the 30th of October last, and what past +there then?</p> + +<p><span class="smcap">Witness</span>—My lord of Warwick, capt. James and +capt. Dockwra; and when my lord of Warwick came +in I thought my lord was in a very great concern, and +called for pen, ink and paper, and I feared there was +some quarrel in hand; but they said no, the quarrel +was over, and says my lord of Warwick, I am afraid +poor Coote is killed.</p> + +<p><span class="smcap">Attorney-General</span>—Did you observe any desire +to be private?</p> + +<p><span class="smcap">Witness</span>—No, indeed, I cannot tell that.</p> + +<p><span class="smcap">Attorney-General</span>—How long did they continue +there?</p> + +<p><span class="smcap">Witness</span>—About six a-clock my lord of Warwick, +and capt. James, and capt. Dockwra, and capt. +Duckinfield went away.</p> + +<p><span class="smcap">Attorney-General</span>—Can you tell who went with +my lord Warwick?</p> + +<p><span class="smcap">Witness</span>—No, indeed, I cannot tell who went with +my lord Warwick; there came in a gentleman in black, +whom I knew to be my lord of Warwick's steward, +and he came and spoke some words to my lord of +Warwick, about a quarter of an hour after they came<span class="pagenum"><a name="Page_107" id="Page_107">[Pg 107]</a></span> +in, and then they went away, for after that I did not +hear any further discourse.</p> + +<p><span class="smcap">Attorney-General</span>—What became of the rest of +the company?</p> + +<p><span class="smcap">Witness</span>—They went away; I do not know what +became of them, nor whither they went; some of +them went in and out of one room into another +several times, two or three times, and came out +again.</p> + +<p><span class="smcap">Attorney-General</span>—My lord, we have done with +the witness.</p> + +<p><span class="smcap">Lord High Steward</span>—My lord Warwick, will you +ask him any questions?</p> + +<p><span class="smcap">Earl of Warwick</span>—No, my lord.</p></div> + +<p><i>Mr. Salmon</i>, the surgeon who, by the coroner's +orders, examined Coote's wounds, was called. +There were two wounds: one on the left breast, +near the collar-bone, running down four or five +inches. He could not guess what sort of a sword +made it; the wound was about half an inch broad. +There was another wound under the last rib on +the left side, an inch broad, six inches deep. +They were both mortal. In answer to Lord +Warwick, he said that neither could be given by +a sword run up to the hilt. He could not say +that they must have been given by the same +weapon: but they might have been.</p> + +<p><i>Stephen Turner</i>, Coote's servant, identified his +master's sword; he believed he fenced with +his right hand, but had never seen him fence +at all.<span class="pagenum"><a name="Page_108" id="Page_108">[Pg 108]</a></span></p> + +<div class="blockquot"><p><span class="smcap">Earl of Warwick</span>—I desire he may be asked, +whether he has not observed a particular kindness and +friendship between his master and me?</p> + +<p><span class="smcap">Turner</span>—Yes, my lord; I have several times waited +upon my master, when my lord and he was together, +and they were always very civil and kind one to +another; and I never heard one word of any unkindness +between them.</p> + +<p><span class="smcap">Earl of Warwick</span>—Whether he knows of any +quarrel that was between us?</p> + +<p><span class="smcap">Turner</span>—No, I never did.</p> + +<p><span class="smcap">Earl of Warwick</span>—Whether he did not use to lie +at my lodgings sometimes?</p> + +<p><span class="smcap">Lord High Steward</span>—You hear my lord's question: +what say you? Did your master use to lie at my lord +of Warwick's lodgings at any time?</p> + +<p><span class="smcap">Turner</span>—Yes; very often.</p> + +<p><span class="smcap">Attorney-General</span>—Pray call Pomfret again, and +let him see the sword.</p> + +<p>[Then he came in, and two swords were shewn +him.]</p> + +<p><span class="smcap">Attorney-General</span>—I desire he may acquaint your +lordships what he knows of those two swords.</p> + +<p><span class="smcap">Pomfret</span>—These two swords were brought in by +some of the company that came to my master's house; +and when they were shewn to captain French in the +morning he owned this to be his, and the other to be +Mr. Coote's; and he desired that notice might be +taken, that his sword was dirty but not bloody; and +there was some blood upon the other.</p> + +<p><span class="smcap">Attorney-General</span>—Who brought in Mr. Coote's +sword?</p> + +<p><span class="smcap">Pomfret</span>—Indeed I cannot tell.</p></div><p><span class="pagenum"><a name="Page_109" id="Page_109">[Pg 109]</a></span></p> + +<p><i>White</i>, the coroner, was called, and said that +he had asked Salmon whether the two wounds +on Coote's body were given by the same weapon, +and he said he could not say.</p> + +<div class="blockquot"><p><span class="smcap">Attorney-General</span>—We have done with our evidence, +until we hear what my lord of Warwick says +to it.</p> + +<p><span class="smcap">Lord High Steward</span>—My lord of Warwick, will +you ask this witness any questions?</p> + +<p><span class="smcap">Earl of Warwick</span>—No, my lord.</p> + +<p><span class="smcap">Lord High Steward</span>—Make proclamation for silence.</p> + +<p><span class="smcap">Clerk of the Crown</span>—Serjeant at arms, make proclamation.</p> + +<p><span class="smcap">Serjeant-at-Arms</span>—O yes, O yes, O yes! His +grace, my lord high steward of England, does strictly +charge and command all manner of persons here +present to keep silence, upon pain of imprisonment.</p> + +<p><span class="smcap">Lord High Steward</span>—My lord of Warwick, the +king's counsel have made an end of giving evidence +for the king; now is the proper time for you to enter +upon your defence.</p> + +<p><span class="smcap">Earl of Warwick</span>—May it please your grace, and +you my noble lords, my peers.</p> + +<p>I stand here before your lordships, accused of the +murder of Mr. Coote, of which I am so innocent, that +I came and voluntarily surrendered myself so soon as +I heard your lordships might be at leisure to try me; +and had sooner done it, but that the king was not +then here, nor your lordships sitting, and had no +mind to undergo a long confinement; and now I +think I might well submit it to your lordships' judgment, +even on the evidence that has been offered +against me, whether there hath been any thing proved<span class="pagenum"><a name="Page_110" id="Page_110">[Pg 110]</a></span> +of malice prepense, or my being any actor therein, so +as to adjudge me guilty. And I think I may with +humble submission to your lordships say, that my +innocence appeareth even from several of the witnesses +who have been examined against me, which +I will not trouble your lordships to repeat, but submit +to your memory and observation.</p> + +<p>But, my lords, the safety of my life does not so +much concern me in this case, as the vindication of +my honour and reputation from the false reflections +to which the prosecutor has endeavoured to expose +me; and I shall therefore beg your lordships' patience +to give a fair and full account of this matter: in which +the duty I owe to your lordships, and to justice in +general, and the right I owe to my own cause in +particular, do so oblige me, that I will not in the +least prevaricate, neither will I conceal or deny any +thing that is true.</p> + +<p>My lords, I must confess I was there when this +unfortunate accident happened, which must be a +great misfortune in any case, but was more so to me +in this, because Mr. Coote was my particular friend; +and I did all I could to hinder it, as your lordship +may observe by the whole proceedings.</p> + +<p>It was on the Saturday night when my lord Mohun +and I, and several other gentlemen, met at Locket's, +where the same company used often to meet; and in +some time after several of us had been there, Mr. +Coote came unexpectedly, and for some time he and +we were very friendly, and in good humour, as we +used to be with each other; but then there happened +some reflecting expressions from Mr. Coote to Mr. +French, who thereupon called for the reckoning; +and it being paid, we left the upper room, and I<span class="pagenum"><a name="Page_111" id="Page_111">[Pg 111]</a></span> +proposed to send three bottles of wine to my own +lodging, and to carry him thither to prevent the +quarrel. But while the company stopped to call for +a glass of ale at the bar below, Mr. Coote (whose +unfortunate humour was sometimes to be quarrelsome) +did again provoke Mr. French to such degree, +that they there drew their swords; but we then prevented +them of doing any mischief: then Mr. Coote +still insisting to quarrel further with Mr. French, +my lord Mohun and I proposed to send for the +guards to prevent them: but they had got chairs to +go towards Leicester-fields; and my lord Mohun +and I, as friends to Mr. Coote, and intending to +prevent any hurt to him, did follow him in two +other chairs; and as he was going up St. Martin's-lane, +stopped him, and I extremely there pressed +him to return and be friends with Mr. French, or +at least defer it, for that the night was very dark +and wet; and while we were so persuading of him, +Mr. French in one chair, and Mr. James and Mr. +Dockwra in two other chairs past by us (which we +guessed to be them), on which Mr. Coote made his +chairmen take him up again, and because the chairmen +would not follow Mr. French faster, threatened +to prick him behind; and when we were gone to +Green-street and got out of our chairs, Mr. Coote +offered half a guinea to be changed to pay for all +our three chairs, but they not having change, he +desired lord Mohun to pay the three shillings, which +he did. And in a few minutes after, Mr. Coote and +Mr. French engaged in the fields, whither I went +for the assistance and in defence of Mr. Coote, and +received a very ill wound in my right hand; and +there this fatal accident befel Mr. Coote from Mr.<span class="pagenum"><a name="Page_112" id="Page_112">[Pg 112]</a></span> +French whom Mr. Coote had dangerously wounded, +and I must account it a great unhappiness to us all +who were there: but so far was I from encouraging +of it, that I will prove to your lordships that I did +my utmost endeavours to prevent it; so far from +any design upon him, that I exposed my own life to +save his; so far from prepense malice, that I will, by +many witnesses of good quality and credit, prove +to your lordships a constant good and uninterrupted +friendship from the first of our acquaintance to the +time of his death; which will appear by many instances +of my frequent company and correspondence +with him, often lending him money, and paying his +reckonings; and about two months before his death +lent him an hundred guineas towards buying him an +ensign's place in the guards, and often, and even two +nights before this, he lodged with me, and that very +night I paid his reckoning. And when I have proved +these things, and answered what has been said about +the sword and what other objections they have made, +I doubt not but that I shall be acquitted to the entire +satisfaction of your lordships, and all the world that +hear it.</p> + +<p>Before I go upon my evidence, I will crave leave +further to observe to your lordships, that at the Old +Bailey, when I was absent, Mr. French, James, and +Dockwra, have been all tried on the same indictment +now before your lordships; and it was then opened +and attempted, as now it is, to prove it upon me also; +and by most of them the same witnesses who have +now appeared; and they were thereupon convicted +only of manslaughter, which could not have been, +if I had been guilty of murder. And on that trial +it plainly appeared that Mr. French was the person<span class="pagenum"><a name="Page_113" id="Page_113">[Pg 113]</a></span> +with whom he quarrelled, and who killed him. And +now I will call my witnesses.</p> + +<p><span class="smcap">Lord High Steward</span>—Will your lordship please to +go on to call your witnesses, for the proof of what you +have said; that is the method, and then you are to +make such observations as you please.</p> + +<p><span class="smcap">Earl of Warwick</span>—My first witness is capt. +Keeting, who was with me at Locket's, but went +away before capt. Coote or any of them came; and +he will tell you I was with him a while.</p> + +<p>[Then captain Keeting stood up.]</p> + +<p><span class="smcap">Lord High Steward</span>—Capt. Keeting, you are not +upon your oath, because the law will not allow it. +In cases of this nature the witnesses for the prisoner +are not to be upon oath; but you are to consider that +you speak in God's presence, who does require the +truth should be testified in all causes before courts +of judicature; and their lordships do expect, that in +what evidence you give here, you should speak with +the same regard to truth as if you were upon oath; +you hear to what it is my lord of Warwick desires +to have you examined, what say you to it?</p> + +<p><span class="smcap">Captain Keeting</span>—My lord, I will tell your lordship +all the matter I know of it. I met with my lord +of Warwick that evening at Tom's Coffee-house, and +we continued there till about eight at night; I went +away to see for a gentleman that owed me money, +and afterwards I went to Locket's; and while I was +there, the drawer came up and told me, my lord of +Warwick desired to speak with me; and when he +came up into the room, he said he was to meet with +my lord Mohun there, and capt. Coote, and he asked +me if I knew where capt. French and capt. James +were; I told him I dined with capt. Coote at Shuttle<span class="pagenum"><a name="Page_114" id="Page_114">[Pg 114]</a></span>worth's; +and in a while after, capt. Coote came in, +and about an hour and an half, I think, I continued +there, and capt. French came in; capt. Dockwra and +we drank together for an hour and an half, and they +admired, about ten o'clock that my lord Mohun was +not come; and I payed my reckoning, not being very +well, and away I went home; Mr. James came in just +before I went away; but there was no quarrelling, nor +any thing like it before I went away.</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire he may be +asked, Whether we did not usually meet there as +friends, especially capt. Coote and I?</p> + +<p><span class="smcap">Captain Keeting</span>—Captain Coote and my lord of +Warwick used to be almost every day together at that +place.</p> + +<p><span class="smcap">Earl of Warwick</span>—Pray, did he ever know or observe +any difference or quarrel between capt. Coote and me?</p> + +<p><span class="smcap">Captain Keeting</span>—No, my lord, I never saw any +thing but the greatest friendship between my lord of +Warwick and captain Coote that could be; I was with +them, and saw them together almost every day.</p> + +<p><span class="smcap">Lord High Steward</span>—Have you any thing further +to examine this witness to?</p> + +<p><span class="smcap">Earl of Warwick</span>—No, my lord, I have no further +question to ask him.</p> + +<p><span class="smcap">Lord High Steward</span>—Who is your next witness, +my lord?</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I suppose I shall not +need to trouble you to examine the chairmen over +again; your lordships have heard what they can say: +I desire colonel Stanhope may be called.</p> + +<p>[Who it seems stood by the Chair of State, and it +was some while before he could get round to come to +the place the witnesses were to stand.]<span class="pagenum"><a name="Page_115" id="Page_115">[Pg 115]</a></span></p> + +<p><span class="smcap">Lord High Steward</span>—While this witness gets round, +if your lordship has any other witness ready to stand +up, pray let him be called.</p> + +<p><span class="smcap">Earl of Warwick</span>—To prove the kindness between +capt. Coote and me, I desire col. Blisset may be called. +[Who stood up.]</p> + +<p><span class="smcap">Lord High Steward</span>—What is it your lordship asks +this witness or calls him to?</p> + +<p><span class="smcap">Earl of Warwick</span>—To testify what he knows of +any kindness or unkindness between capt. Coote and +me; whether he has not been often in our company?</p> + +<p><span class="smcap">Lord High Steward</span>—Have you been often in +company with my lord of Warwick and capt. Coote?</p> + +<p><span class="smcap">Colonel Blisset</span>—Yes, my lord, I was very well +acquainted with both of them for a twelve-month past +before this accident and I have often been in their +company, and always observed that there was a great +deal of friendship and kindness between them.</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire he may tell +any particular instance that he knows or can remember.</p> + +<p><span class="smcap">Colonel Blisset</span>—I remember when capt. Coote had +his commission in the regiment of guards, he was +complaining of the streightness of his circumstances; +he was to pay for his commission 400 guineas, and +said he had but 300 for to pay for it: and my lord of +Warwick did then say to him, do not trouble yourself +about that, or let not that disturb you, for I will take +care you shall have 100 guineas, and he said he would +give order to his steward to pay him so much; and I +was told afterwards that he did so.</p> + +<p><span class="smcap">Earl of Warwick</span>—I desire he may tell, if he +knows of any other particular instances of my friendship +to Mr. Coote?<span class="pagenum"><a name="Page_116" id="Page_116">[Pg 116]</a></span></p> + +<p><span class="smcap">Colonel Blisset</span>—Once when he was arrested by +his taylor for £13, my lord lent him five guineas, +and used very frequently to pay his reckoning for +him.</p> + +<p><span class="smcap">Earl of Warwick</span>—I desire he may tell, if he +knows any thing else; and whether he has not lain at +my lodgings, and particularly but some small time +before this accident happened.</p> + +<p><span class="smcap">Colonel Blisset</span>—About ten days before this unhappy +accident happened, I was at my lord of +Warwick's lodgings, and when I came there I found +capt. Coote a-dressing himself; and I asked him how +that came to pass, and they told me they had been +up late together, and that he had sent home for +his man to dress himself there, upon which I did +observe that they had been a-rambling together over +night; and there was a very great familiarity between +them.</p> + +<p><span class="smcap">Earl of Warwick</span>—Did you observe any quarrel +between us?</p> + +<p><span class="smcap">Colonel Blisset</span>—No, none at all; I never knew +of any quarrel between my lord of Warwick and capt. +Coote, but I observed there was a particular kindness +between them; and a great deal of friendship I know +my lord of Warwick shewed to him, in paying of +reckonings for him, and lending him money when he +wanted.</p> + +<p><span class="smcap">Earl of Warwick</span>—My lord, I desire he may be +asked, whether he does not know that capt. Coote was +straitened for money?</p> + +<p><span class="smcap">Colonel Blisset</span>—I did hear capt. Coote say, that +he had not received any thing from his father for 13 +months, and his father was angry with him, and +would not send him any supply, because he would not<span class="pagenum"><a name="Page_117" id="Page_117">[Pg 117]</a></span> +consent to cut off the entail, and settle two or three +hundred pounds upon a whore he had.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, Sir, will you consider +with yourself, and though you are not upon your +oath, answer the questions truly, for you are obliged +to speak the truth, though you are not sworn, whenever +you come to give your testimony in a court of +judicature; pray, acquaint my noble lords here, +whether you did never hear my lord Warwick complain +of capt. Coote?</p> + +<p><span class="smcap">Colonel Blisset</span>—No, I never did hear him complain +of him.</p> + +<p><span class="smcap">Attorney-General</span>—Did you never hear the least +word of any quarrel between them?</p> + +<p><span class="smcap">Colonel Blisset</span>—No, indeed, I did never hear of +any quarrel between them.</p> + +<p><span class="smcap">Attorney-General</span>—Did you never hear of any +unkindness at all?</p> + +<p><span class="smcap">Colonel Blisset</span>—No, indeed, my lord, not I: I +never so much as heard of the least unkindness +whatsoever.</p> + +<p><span class="smcap">Lord High Steward</span>—Well then, my lord, who do +you call next?</p> + +<p><span class="smcap">Earl of Warwick</span>—Now colonel Stanhope is here, +I desire he may be asked the same question, whether +he does not know the particular friendship that was +between capt. Coote and me, and what instances he +can give of it?</p> + +<p><span class="smcap">Lord High Steward</span>—You are to consider, Sir, +though you are not upon your oath you are in a great +court, and under no less restriction to testify the +truth, and nothing but the truth: You hear what my +noble lord asks you.</p> + +<p><span class="smcap">Colonel Stanhope</span>—My lord, I have known my<span class="pagenum"><a name="Page_118" id="Page_118">[Pg 118]</a></span> +lord of Warwick and capt Coote for about a twelve-month, +and I did perceive that they did always profess +a great kindness for one another.</p> + +<p><span class="smcap">Earl of Warwick</span>—I desire to know of him, +whether he observed any particular friendship between +capt. Coote and me, much about the time of this +business?</p> + +<p><span class="smcap">Colonel Stanhope</span>—About eight or ten days before +this unhappy accident, I went to wait upon my lord +of Warwick twice at his lodgings: Once I found capt. +Coote there, one of them was in bed, and the other +was dressing of himself; I thought they were very +good friends that were so familiar, and I had good +reason to think so, because of that familiarity: Both +the times that I was there, when I found them +together, was within eight days before the accident +happened.</p> + +<p><span class="smcap">Earl of Warwick</span>—The next witness I shall call +will be Mr. Disney.</p> + +<p><span class="smcap">Attorney-General</span>—But before colonel Stanhope +goes, I desire to ask him this question, whether he +did never hear or know of any unkindness between +my lord of Warwick and capt. Coote?</p> + +<p><span class="smcap">Colonel Stanhope</span>—No, indeed I did not; I always +thought them to be very good friends.</p> + +<p><span class="smcap">Lord High Steward</span>—Will your lordship go on to +your next witness?</p> + +<p><span class="smcap">Earl of Warwick</span>—Yes, my lord, there he is, Mr. +Disney; I desire he may be asked what he knows of +any expressions of kindness and friendship between +me and capt. Coote.</p></div> + +<p><i>Disney</i> spoke to Lord Warwick lending Coote +100 guineas towards the price of his commission;<span class="pagenum"><a name="Page_119" id="Page_119">[Pg 119]</a></span> +he had observed great kindness between the +two, and had several times seen Lord Warwick +pay Coote's reckoning.</p> + +<p><i>Colonel Whiteman</i> was then called. He had +constantly seen Lord Warwick and Coote together;</p> + +<div class="blockquot"><p>they dined together almost every day for half a +year's time almost; and as to this time, when this +business had happened, I went to my lord of Warwick, +being sent for by him, and found him at a private +lodging, where he expressed a great deal of concern +for the death of his dear friend Mr. Coote; and +he shewed me the wound he had received in his +hand, and he desired he might be private, and he told +me he believed people would make worse of it than it +was, because he did not appear; but he did but intend +to keep himself out of the way till he could be tried; +and I took what care I could to get him a convenience +to go to France.</p> + +<p><span class="smcap">Attorney-General</span>—Pray, what reason did he give +for his going away?</p> + +<p><span class="smcap">Colonel Whiteman</span>—The king being at that time +out of England, and so the parliament not sitting, he +said he did not love confinement, and had rather be +in France till the parliament should meet, and he +might have a fair trial, which he thought he should +best have in this House.</p></div> + +<p>He had never seen any unkindness or quarrel +between them.</p> + +<p><i>Edmund Raymund</i>, Lord Warwick's steward, +knew of the loan of 100 guineas by him to +Coote, and provided the money paid on that +occasion.<span class="pagenum"><a name="Page_120" id="Page_120">[Pg 120]</a></span></p> + +<p>Lord Warwick then stated that he wished +to call French as a witness, and desired that +counsel might be heard on his behalf as to +whether he could be guilty of the death of a +man on whose side he was fighting equally +with those who were fighting on the other side, +and who had already been convicted of manslaughter.</p> + +<p>After a brief discussion, it was decided that +counsel should be heard on the question whether +French was a competent witness. The facts +were that he had been indicted for murder, +and convicted of manslaughter; he claimed the +benefit of clergy,<a name="FNanchor_35_35" id="FNanchor_35_35"></a><a href="#Footnote_35_35" class="fnanchor">[35]</a> which was allowed him; the<span class="pagenum"><a name="Page_121" id="Page_121">[Pg 121]</a></span> +burning on his hand was respited, and a pardon +remitting the burning altogether had been delivered +to the Lord High Steward under the +Privy Seal, but had not passed the Great Seal.</p> +<p><span class="pagenum"><a name="Page_122" id="Page_122">[Pg 122]</a></span></p> +<p>Lord Warwick had accordingly to maintain that +French was a good witness without having been +burnt on his hand, or having been pardoned.</p> + +<p>The <i>Attorney-General</i> first proceeded to argue +that an allowance of clergy did not make a felon +convict a competent witness.<a name="FNanchor_36_36" id="FNanchor_36_36"></a><a href="#Footnote_36_36" class="fnanchor">[36]</a> It did not discharge +him from his offence, set him <i>rectus in +curia</i>, and 'make him in all respects a person fit +to have the benefit and privileges of a "probus +et legalis homo"' till he had passed through +those methods of setting himself right in the +eye of the law, that the law had prescribed. +The burning in the hand under the statute of +Henry <span class="small">VII.</span> was not a punishment; it only showed +that the branded person was not to have his +clergy again. Purgation was abolished by the +statute of Elizabeth, but satisfaction was not +made to the law, the convict was not fully discharged +from its operation, and his credit was +not restored, till he was branded or pardoned. +Till then 'the conviction remains upon him,' +and he was not capable of being a witness.</p> + +<p><i>The Solicitor-General</i>, Sir John Hawles,<a name="FNanchor_37_37" id="FNanchor_37_37"></a><a href="#Footnote_37_37" class="fnanchor">[37]</a> fol<span class="pagenum"><a name="Page_123" id="Page_123">[Pg 123]</a></span>lowed +to the same effect, and, by the order of +the Court <i>Powys</i><a name="FNanchor_38_38" id="FNanchor_38_38"></a><a href="#Footnote_38_38" class="fnanchor">[38]</a> was then heard on behalf of the +prisoner. He agreed with the Attorney-General +that the branding under the statute of Henry <span class="small">VII.</span> +was only for the purpose of showing that the +branded man has had his clergy once, and was +not a punishment; the punishment still remained +to be inflicted by the process of purgation. But +purgation was abolished after the Reformation by +the statute of Elizabeth 'because it was only an +outward appearance and shew of purgation, and +was often the occasion of very great perjuries.' +The Court had power to imprison the convicted +man for a year; but that was not any more a +punishment and a means of restoring a man to +credit than was the branding.<a name="FNanchor_39_39" id="FNanchor_39_39"></a><a href="#Footnote_39_39" class="fnanchor">[39]</a></p> + +<p><span class="pagenum"><a name="Page_124" id="Page_124">[Pg 124]</a></span></p><p>'What we insist on is this, that the allowance +of clergy sets him right in court, since purgation +is abolished, and is the same thing +as if he had undergone the ceremonial parts +of a formal purgation'; the prisoner was to +have the same benefit of his clergy as purgation +would have given him before the statute, +and on being allowed his clergy is to be in +the same condition as if he had undergone +purgation or been pardoned. The respiting of +the burning of the hand till the king's pardon +could be obtained was not to put him in a +worse condition than he would have been in +had he been actually burnt. Cases were quoted, +one of which was afterwards fairly distinguished, +and it was urged that the burning was only a +condition precedent to the accused getting out +of prison, not to his being restored to his credit.</p> + +<p><i>Serjeant Wright</i> replied for the Crown. He +admitted that a pardon would restore a convict +to credit as a witness, and that an allowance of +clergy, followed by a burning of the hand, would +have the same effect: now that purgation was +abolished, the burning had taken its place; +'that is the very terms of the statute on which<span class="pagenum"><a name="Page_125" id="Page_125">[Pg 125]</a></span> +he is to be discharged; that must actually be done +before he can be put into the same condition +that he was in before the conviction, and consequently +make him capable of being a witness.' +One of the cases quoted by Powys was distinguished, +and Hale was quoted to support the +argument for the Crown.</p> + +<p><i>Lord Chief-Justice Treby</i><a name="FNanchor_40_40" id="FNanchor_40_40"></a><a href="#Footnote_40_40" class="fnanchor">[40]</a> was then called on +for his opinion, and gave it that French was not +a competent witness. He had not yet actually +been pardoned, for pardons were not operative till +they had passed the Great Seal. By his conviction +he had forfeited his liberty, his power of purchasing +chattels or holding land, and his credit.</p> + +<p>These losses formerly might be restored by +purgation; but purgation was now replaced +by burning in the hand. The imprisonment +under the statute was not a necessary condition +to a restoration of credit, because it was 'a +collateral and a new thing'; the party was not<span class="pagenum"><a name="Page_126" id="Page_126">[Pg 126]</a></span> +imprisoned 'by virtue of his conviction, but by a +fresh express order of the judges, made upon +the heinousness of the circumstances appearing +on the evidence. They may, and generally do, +forbear to commit at all; and when they do, it +may be for a month or two, at their discretion.' +In any case the burning was a condition precedent +to a restoration to credit. 'To me the +law is evident. A peer shall have this benefit +without either clergy or burning. A clerk in +orders, upon clergy alone, without burning. A +lay-clerk, not without both.'</p> + +<p><i>Lord Chief-Baron Ward</i><a name="FNanchor_41_41" id="FNanchor_41_41"></a><a href="#Footnote_41_41" class="fnanchor">[41]</a> and <i>Nevill, J.</i>,<a name="FNanchor_42_42" id="FNanchor_42_42"></a><a href="#Footnote_42_42" class="fnanchor">[42]</a> expressed +themselves as of the same opinion; and +it was decided that French should not be +admitted as a witness.</p> + +<p><span class="pagenum"><a name="Page_127" id="Page_127">[Pg 127]</a></span></p><p>It was then suggested that counsel should be +heard on the point whether, supposing that Lord +Warwick had been on Coote's side in the fight, +he was guilty of his death; but it was decided +that as there was still a question whether the +facts were as alleged this could not be done.</p> + +<p>Lord Warwick was then invited to sum up his +evidence, 'which is your own work, as not being +allowed counsel as to matter of fact,' and to make +any observations he liked. He preferred, however, +to say nothing.</p> + +<p><i>The Solicitor-General</i> then proceeded to sum up +for the Crown, and since he could not be heard +by some lords at the upper end of the house, the +<i>Duke of Leeds</i> moved either that 'any person +that has a stronger voice should sum up the +evidence,' or that 'you will dispense with the +orders of the house so far, as that Mr. Solicitor +may come to the clerk's table, or some other +place within the house, where he may be heard +by all.' <i>The Earl of Rochester</i> opposed the second +alternative on the ground that 'in point of +precedent many inconveniences' would occur +were such a course adopted.</p> + +<p><i>The Earl of Bridgewater</i> suggested that the +difficulty might be met by sending the guard to +clear the passages about the court, which was +accordingly done, apparently with success.</p> + +<p><i>The Solicitor-General</i> then continued his summing +up the evidence; his only original comment<span class="pagenum"><a name="Page_128" id="Page_128">[Pg 128]</a></span> +on the case being that as there was no evidence +as to whose hand it was by which Coote was +wounded, 'until that can be known, every person +that was there must remain under the imputation +of the same guilt, as having a hand, and contributing +to his death.'</p> + +<div class="blockquot"><p>Then the lords went back to their own house in the +same order they came into the court in Westminster +Hall, and debated the matter among themselves, +what judgment to give upon the evidence that had +been heard; and in about two hours' time they +returned again into the court, erected upon a scaffold +in Westminster-hall; and after they were seated in +their places, the Lord High Steward being seated +in his chair before the throne, spoke to the Lords +thus:</p> + +<p><span class="smcap">Lord High Steward</span>—Will your lordships proceed +to give your judgment?</p> + +<p><span class="smcap">Lords</span>—Ay, Ay.</p> + +<p>Then the Lord High Steward asked this question of +every one of the lords there present, beginning with +the puisne baron, which was the lord Bernard.</p> + +<p><span class="smcap">Lord High Steward</span>—My lord Bernard, is Edward +Earl of Warwick guilty of the felony and murder +whereof he stands indicted, or not guilty?</p> + +<p>The lord Bernard stood up in his place uncovered, +and laying his right hand upon his breast pronounced +his judgment thus:</p> + +<p><span class="smcap">Lord Bernard</span>—Not Guilty of murder, but Guilty +of manslaughter, upon my honour.</p> + +<p>The same question was asked severally of all the +lords, who in the same form delivered the same +opinion.<span class="pagenum"><a name="Page_129" id="Page_129">[Pg 129]</a></span></p> + +<p>Then the Lord High Steward reckoned up the +number of peers present, and the opinions that were +given, and announced that there were 93 present, and +that they had all acquitted lord Warwick of murder, +but had found him guilty of manslaughter. Lord +Warwick was then called in, the judgment was +announced to him, and he was asked what he had to +say why judgment of death should not be pronounced +against him according to law. And he claimed the +benefit of his peerage, under the statute of Edward +the 6th.</p> + +<p><span class="smcap">Lord High Steward</span>—My lord, your lordship has +demanded the benefit of your peerage upon the statute +of Edward the 6th, and you must have it by law; but +I am directed by their lordships to acquaint you that +you cannot have the benefit of that statute twice; +therefore, I am likewise directed by their lordships +to say that they hope you will take a more than +ordinary care of your behaviour for the future, that +so you may never hereafter fall into such unfortunate +circumstances as you have been now under; my lords +hope this will be so sensible a warning, that nothing +of this kind will ever happen to you again; your +lordship is now to be discharged.</p> + +<p><span class="smcap">Lord High Steward</span>—Is it your lordships' pleasure +to adjourn to the House of Lords?</p> + +<p><span class="smcap">Lords</span>—Ay, Ay.</p> + +<p><span class="smcap">Lord High Steward</span>—This House is adjourned to +the House of Lords.</p> + +<p>Then the lords went in procession, in the same order +that they came into the court.</p></div> + +<p>The next day Lord Mohun was tried on a +similar indictment before the same court. And<span class="pagenum"><a name="Page_130" id="Page_130">[Pg 130]</a></span> +most of the same witnesses having given the +same evidence again, he was acquitted and discharged. +He then expressed himself thus:</p> + +<div class="blockquot"><p><span class="smcap">Lord Mohun</span>—My lords, I do not know which way +to express my great thankfulness and acknowledgment +of your lordships' great honour and justice to +me; but I crave leave to assure your lordships, that I +will endeavour to make it the business of the future +part of my life, so to behave myself in my conversation +in the world, as to avoid all things that may +bring me under any such circumstances, as may +expose me to the giving your lordships any trouble of +this nature for the future.</p></div> + +<p>Then proclamation was made dissolving the +Commission, and the Court adjourned.</p> + +<hr class="w40" /> + +<p>As is well known, the duel described in this +trial is the original of that described in <i>Esmond</i> +between Lord Castlewood and Lord Mohun; it +may therefore be of interest to transcribe a few +passages out of the latter work, premising only +that there seems to be some faint relationship +between Captain Macartney, Lord Mohun's +second in his duel with Lord Castlewood, and +the Lord Macartney who afterwards assisted him +in the same capacity in his final meeting with the +Duke of Hamilton. Lord Castlewood, as will be +remembered, had come up to London to fight +Lord Mohun, really on account of his relations +with Lady Castlewood, nominally as the result +of a quarrel at cards, which it was arranged<span class="pagenum"><a name="Page_131" id="Page_131">[Pg 131]</a></span> +should have all the appearance of taking place. +Lord Castlewood, Jack Westbury, and Harry +Esmond all meet together at the 'Trumpet,' in +the Cockpit, Whitehall.</p> + +<div class="blockquot"><p>When we had drunk a couple of bottles of sack, a +coach was called, and the three gentlemen went to the +Duke's Playhouse, as agreed. The play was one of +Mr. Wycherley's—<i>Love in a Wood</i>. Harry Esmond +has thought of that play ever since with a kind of +terror, and of Mrs. Bracegirdle, the actress who +performed the girl's part in the comedy. She was +disguised as a page, and came and stood before the +gentlemen as they sat on the stage, and looked over +her shoulder with a pair of arch black eyes, and +laughed at my lord, and asked what ailed the gentleman +from the country, and had he had bad news from +Bullock fair?</p> + +<p>Between the acts of the play the gentlemen crossed +over and conversed freely. There were two of Lord +Mohun's party, Captain Macartney, in a military habit, +and a gentleman in a suit of blue velvet and silver, in +a fair periwig with a rich fall of point of Venice lace—my +Lord the Earl of Warwick and Holland. My +lord had a paper of oranges, which he ate, and offered +to the actresses, joking with them. And Mrs. Bracegirdle, +when my lord Mohun said something rude, +turned on him, and asked him what he did there, and +whether he and his friends had come to stab anybody +else, as they did poor Will Mountford? My lord's dark +face grew darker at this taunt, and wore a mischievous, +fatal look. They that saw it remembered it, and said +so afterward.</p> + +<p>When the play was ended the two parties joined<span class="pagenum"><a name="Page_132" id="Page_132">[Pg 132]</a></span> +company; and my Lord Castlewood then proposed +that they should go to a tavern and sup. Lockit's, +the 'Greyhound,' in Charing Cross was the house +selected. All three marched together that way, the +three lords going a-head.'</p></div> + +<p>At the 'Greyhound' they play cards, and +Esmond tries in vain to quarrel with Mohun +himself.</p> + +<div class="blockquot"><p>My Lord Mohun presently snuffed a candle. It +was when the drawers brought in fresh bottles and +glasses and were in the room—on which my Lord +Viscount said, 'The Deuce take you, Mohun, how +damned awkward you are. Light the candle, you +drawer.'</p> + +<p>'Damned awkward is a damned awkward expression, +my lord,' says the other. 'Town gentlemen don't +use such words—or ask pardon if they do.'</p> + +<p>'I'm a country gentleman,' says my Lord Viscount.</p> + +<p>'I see it by your manner,' says my Lord Mohun. +'No man shall say damned awkward to me.'</p> + +<p>'I fling the words in your face, my lord,' says the +other; 'shall I send the cards too?'</p> + +<p>'Gentlemen, gentlemen! before the servants?' cry +out Colonel Westbury and my Lord Warwick in a +breath. The drawers go out of the room hastily. +They tell the people below of the quarrel upstairs.</p> + +<p>'Enough has been said,' says Colonel Westbury. +'Will your lordships meet to-morrow morning?'</p> + +<p>'Will my Lord Castlewood withdraw his words?' +asks the Earl of Warwick.</p> + +<p>'My lord Castlewood will be —— first,' says Colonel +Westbury.<span class="pagenum"><a name="Page_133" id="Page_133">[Pg 133]</a></span></p> + +<p>'Then we have nothing for it. Take notice, gentlemen, +there have been outrageous words—reparation +asked and refused.'</p> + +<p>'And refused,' says my Lord Castlewood, putting +on his hat. 'Where shall the meeting be? and when?'</p> + +<p>'Since my lord refuses me satisfaction, which I +deeply regret, there is no time so good as now,' says +my Lord Mohun. 'Let us have chairs, and go to +Leicester Field.'</p> + +<p>'Are your lordship and I to have the honour of +exchanging a pass or two?' says Colonel Westbury, +with a low bow to my Lord of Warwick and Holland.</p> + +<p>'It is an honour for me,' says my lord, with a +profound congée, 'to be matched with a gentleman +who has been at Mons and Namur.'</p> + +<p>'Will your Reverence permit me to give you a +lesson?' says the captain.</p> + +<p>'Nay, nay, gentlemen, two on a side are plenty,' +says Harry's patron. 'Spare the boy, Captain +Macartney,' and he shook Harry's hand for the last +time, save one, in his life.</p> + +<p>At the bar of the tavern all the gentlemen stopped, +and my Lord Viscount said, laughing, to the bar-woman, +that those cards set people sadly a-quarrelling; +but that the dispute was over now, and the parties +were all going away to my Lord Mohun's house, in +Bow Street, to drink a bottle more before going to +bed.</p> + +<p>A half-dozen of chairs were now called, and the six +gentlemen stepping into them, the word was privately +given to the chairmen to go to Leicester Field, where +the gentlemen were set down opposite the 'Standard +Tavern.' It was midnight, and the town was a-bed by +this time, and only a few lights in the windows of the<span class="pagenum"><a name="Page_134" id="Page_134">[Pg 134]</a></span> +houses; but the night was bright enough for the +unhappy purpose which the disputants came about; +and so all six entered into that fatal square, the +chairmen standing without the railing and keeping +the gate, lest any persons should disturb the meeting.</p> + +<p>All that happened there hath been matter of public +notoriety, and is recorded, for warning to lawless men, +in the annals of our country. After being engaged +for not more than a couple of minutes, as Harry +Esmond thought (though being occupied at the time +with his own adversary's point, which was active, he +may not have taken a good note of time) a cry from +the chairmen without, who were smoking their pipes, +and leaning over the railings of the field as they +watched the dim combat within, announced that some +catastrophe had happened, which caused Esmond to +drop his sword and look round, at which moment his +enemy wounded him in the right hand. But the +young man did not heed this hurt much, and ran up +to the place where he saw his dear master was down.</p> + +<p>My Lord Mohun was standing over him.</p> + +<p>'Are you much hurt, Frank?' he asked in a hollow +voice.</p> + +<p>'I believe I'm a dead man,' my lord said from the +ground.</p> + +<p>'No, no, not so,' says the other; 'and I call God +to witness, Frank Esmond, that I would have asked +your pardon, had you but given me a chance. In—in +the first cause of our falling out, I swear that no one +was to blame but me, and—and that my lady——'</p> + +<p>'Hush!' says my poor Lord Viscount, lifting himself +on his elbow and speaking faintly. 'Twas a dispute +about the cards—the cursed cards. Harry, my boy, +are you wounded too? God help thee! I loved thee,<span class="pagenum"><a name="Page_135" id="Page_135">[Pg 135]</a></span> +Harry, and thou must watch over my little Frank—and—and +carry this little heart to my wife.'</p> + +<p>And here my dear lord felt in his breast for a locket +he wore there, and, in the act, fell back fainting.</p> + +<p>We were all at this terrified, thinking him dead; +but Esmond and Colonel Westbury bade the chairmen +come into the field; and so my lord was carried to +one Mr. Aimes, a surgeon, in Long Acre, who kept a +bath, and there the house was wakened up, and the +victim of this quarrel carried in.</p></div> + +<div class="footnotes"><h3>FOOTNOTES:</h3> + +<div class="footnote"><p><a name="Footnote_31_31" id="Footnote_31_31"></a><a href="#FNanchor_31_31"><span class="label">[31]</span></a> Charles, fifth Baron Mohun (1675?-1712), was the eldest +son of the fourth baron, who died from a wound received in a +duel when his son was about two years old. He fought his +first duel in 1692, breaking out of his lodgings, where he was +confined in consequence of a quarrel over dice, for the purpose, +with the assistance of the Earl of Warwick of the present +case, the grandson of the Lord Holland of the Civil War. +This encounter ended in both combatants being disarmed. +Two days later he abetted in the murder of Mountfort, an +actor. One Captain Hill was in love with Mrs. Bracegirdle, +the famous actress, and supposed that he had cause to be +jealous of the attentions she received from Mountfort, +the equally eminent actor. Accordingly Hill and Mohun +formed a plan (estimated to cost £50 in all) to carry off the +lady as she came out of the theatre: and providing themselves +with a coach-and-six and a body of soldiers set out on the +enterprise. They missed Mrs. Bracegirdle at the theatre, but +found her by chance coming out of a house in Drury Lane +where she had supped. The attempt to carry her off in the +coach failed, owing to the vigorous resistance made by her +friends. Hill and Mohun, however, were allowed to escort +her to her lodgings in Howard Street, where they saw her +safely home. Mountfort lived in Norfolk Street, at the +bottom of Howard Street; and as he was passing down the +latter some two hours later, he was accosted by Mohun in a more +or less friendly way; but while they were talking together, he +was attacked and killed by Hill, who did not give him time to +draw his sword. Hill fled, but Mohun was tried by his peers +in Westminster Hall, January 1692-93. The trial excited +great interest partly owing to the youth of the prisoner, and +on a question being raised as to the degree of complicity +necessary to constitute his guilt, he was acquitted. A report +of the trial will be found in <i>State Trials</i>, xii. 950. There +are also some picturesque references to it in Chapter xix. of +Macaulay's <i>History</i>. Mohun fought another duel in 1694, +served for two years in Flanders, returned to England, and +fought a duel with Captain Bingham in St. James's Park, +which was interrupted by the sentries. The same year he was +present at the death of Captain Hill, in the Rummer Tavern. +The present case occurred in 1698, and seems to have closed +his career as a rake. He was sent under Lord Macclesfield on +a mission to present the Electress-Dowager Sophia with a copy +of the Act of Succession, and he frequently took part in +debates in the House of Lords. After Lord Macclesfield's +death he became entangled in a long course of litigation with +the Duke of Hamilton; and on their meeting in Master's +Chambers, remarks passed between them which led to a duel, +when both were killed. The Tories suggested that the Whigs +had arranged the duel in order to get rid of Mohun because +they were tired of him, and Hamilton, because they wanted to +prevent his projected embassy to France.</p></div> + +<div class="footnote"><p><a name="Footnote_32_32" id="Footnote_32_32"></a><a href="#FNanchor_32_32"><span class="label">[32]</span></a> John Lord Somers (1651-1716) was born at Whiteladies, +near Worcester, educated at Trinity College, Oxford, and +called in 1676. He appeared as junior counsel in the trial of +the Seven Bishops, at the instance of Pollexfen (see vol. i. +p. 241), and took a conspicuous part in the settlement of the +monarchy after the Revolution, being an influential member +of the Committee which drafted the Declaration of Rights. +He became Solicitor-General in 1689, and Attorney-General +in 1692, in which capacity it is curious to notice that he conducted +the prosecution of Lord Mohun for the murder of +Mountfort (see <i>ante</i>, p. 60). He became William <span class="small">III.</span>'s first +Lord Keeper in 1692-3, and Lord Chancellor in 1697. During +all this time he was one of William's most trusted advisers, +and was consulted by him on the most confidential questions +relating to foreign policy. He was also familiar with the +leading literary and scientific men of his time, being responsible +for Addison's pension, and receiving the dedication of the +<i>Tale of a Tub</i> from Swift. He also conferred favours on +Rymer and Madox. He resigned the Great Seal in 1700 +after a motion for his perpetual exclusion from the presence +of the King had been defeated by a small majority in the +House of Commons; having already lost the King's confidence +by the position he adopted in regard to William's propositions +for a standing army, and attracted the hostility of the country +partly by his opposition to the bill for the resumption of the +grants of forfeited Irish estates. He played a conspicuous +part in the reign of Queen Anne as the head of the Whig +junto formed at the beginning of that reign, but never +resumed office.</p></div> + +<div class="footnote"><p><a name="Footnote_33_33" id="Footnote_33_33"></a><a href="#FNanchor_33_33"><span class="label">[33]</span></a> Sir Nathan Wright (1653-1721), born of an Essex family, +was educated at Emmanuel College, and was called in 1677. +He was junior counsel for the Crown in the trial of the Seven +Bishops, and opened the pleadings. He became Serjeant in +1692. On the retirement of Lord Somers in 1700, a difficulty +was found in providing a successor, and eventually the post of +Lord Chancellor was offered to, and accepted by, Wright. He +enjoyed no reputation, good or bad, as a judge, except that +he was very slow, and generally considered unfit for the +place. After holding office for five years he was dismissed on +the accession to power by the Whigs in 1705. Speaking of +his appointment as Lord Chancellor, Lord Campbell says, +'The occasional occurrence of such elevations seems wisely +contrived by Providence to humble the vanity of those who +succeed in public life, and to soften the mortification of those +who fail.'</p></div> + +<div class="footnote"><p><a name="Footnote_34_34" id="Footnote_34_34"></a><a href="#FNanchor_34_34"><span class="label">[34]</span></a> Thomas Lord Trevor (1659?-1730) was the son of a +Secretary of State of Charles <span class="small">II.</span> He was called in 1680, +became a bencher in 1689, Solicitor-General in 1692, Attorney-General +in 1695. He refused to succeed Lord Somers in 1700; +but in 1701 succeeded Sir George Treby as Chief-Justice of the +Common Pleas. He was re-appointed by Queen Anne, and +was one of the twelve peers created by her in 1711 to create a +majority in the House of Lords. He was removed from office +in 1714 on the accession of George <span class="small">I.</span>; but leaving the Tory +party, which he had joined in Anne's reign, became Lord +Privy Seal in 1726, and President of the Council in 1730, but +died six weeks afterwards. He enjoyed a reputation as a +good judge; but is chiefly remembered for his proper conduct +of Crown prosecutions as Attorney-General after the Revolution.</p></div> + +<div class="footnote"><p><a name="Footnote_35_35" id="Footnote_35_35"></a><a href="#FNanchor_35_35"><span class="label">[35]</span></a> Benefit of clergy was originally the right of the clergy +to be exempt from the jurisdiction of the lay courts, and to +be handed over to the ordinary to make 'purgation.' This the +accused clerk did by swearing to his own innocence and +producing twelve compurgators who swore to the same effect. +He was then 'usually acquitted' by a jury of twelve clerks; +but otherwise he was degraded and put to penance. The right +itself was gradually restricted: partly by a construction of the +Statute of Westminster the First (1275), by which it was held +to be necessary that the clerk should be indicted before he +could claim his benefit; partly by the practice prevailing in +the time of Henry <span class="small">VI.</span> that he must first be convicted. Meanwhile +its scope had been largely increased by its extension in +1360 to all lay clerks, who were taken to mean persons capable +of reading. The law, however, which was applicable to the +present case depended on two statutes, 4 Henry <span class="small">VII.</span>, c. 13, +and 18 Elizabeth, c. 7; by the former any person allowed his +clergy was to be branded, and was not to be allowed it again +unless he was actually in orders; by the latter purgation was +abolished, and any person taking benefit of clergy was to be +discharged from prison subject to the power of the judge to +imprison him for a year. By a statute of Edward <i>VI.</i> also, +a peer ('though he cannot read') was allowed a privilege +equivalent to benefit of clergy, but was not to be branded. +</p><p> +A certain number of offences were excluded from benefit of +clergy during earlier times, and a great number during the +eighteenth century, at the beginning of which the privilege +was extended to all prisoners. Finally, the system was +abolished in 1827. How this system, occupying as it did an +important position in the criminal procedure of this country +till a comparatively modern date, impresses a lawyer of +the present day, may best be described in the words of Sir +James Stephen:—'Of this branch of the law, Blackstone +characteristically remarks that the English legislature "in +the course of a long and laborious process, extracted by +noble alchemy rich medicines out of poisonous ingredients." +According to our modern views it would be more correct to +say that the rule and the exception were in their origin +equally crude and barbarous, that by a long series of +awkward and intricate changes they were at last worked +into a system which was abolished in a manner as clumsy +as that in which it was constructed' (<i>History of the Criminal +Law</i>, vol. i. p. 458).... 'The result of this was to +bring about, for a great length of time, a state of things +which must have reduced the administration of justice +to a sort of farce. Till 1487 any one who knew how +to read might commit murder as often as he pleased, +with no other result, than that of being delivered to the +ordinary to make his purgation, with the chance of being +delivered to him <i>absque purgatione</i>. That this should have +been the law for several centuries seems hardly credible, but +there is no doubt that it was. Even after 1487, a man who +could read could commit murder once with no other punishment +than that of having M. branded on the brawn of his +left thumb, and if he was a clerk in orders he could, till +1547, commit any number of murders apparently without +being branded more than once' (<i>Ibid.</i>, vol. i. p. 462).</p></div> + +<div class="footnote"><p><a name="Footnote_36_36" id="Footnote_36_36"></a><a href="#FNanchor_36_36"><span class="label">[36]</span></a> Convicted felons were incompetent as witnesses till the +passing of Lord Denman's Act in 1843.</p></div> + +<div class="footnote"><p><a name="Footnote_37_37" id="Footnote_37_37"></a><a href="#FNanchor_37_37"><span class="label">[37]</span></a> Sir John Hawles (1645-1716) was born in Salisbury of a +Dorsetshire family. He was educated at Winchester and +Queen's College, Oxford. In 1689 he sat in the House of +Commons for Old Sarum; he succeeded Sir Thomas Trevor +as Solicitor-General in 1695 and so remained till 1702. He +afterwards represented various western boroughs in Parliament, +most of them Cornish. He was one of the managers of +Sacheverell's impeachment in 1710. He died at Upwinborne.</p></div> + +<div class="footnote"><p><a name="Footnote_38_38" id="Footnote_38_38"></a><a href="#FNanchor_38_38"><span class="label">[38]</span></a> Sir Thomas Powys (1649-1719), of a Shropshire family, +was educated at Shrewsbury, and was called in 1673. He +became Solicitor-General in 1686, and as a supporter of the +dispensing power became Attorney-General in 1687. As such +he conducted the prosecution of the Seven Bishops. He +frequently appears for the defence in State Trials during the +reign of William <span class="small">III.</span> He represented Ludlow in Parliament +from 1701 to 1713, was made a Serjeant at the beginning of +Anne's reign, and a Judge of the Queen's Bench in 1713. He +was, however, removed from the bench on the accession of +George <span class="small">I.</span></p></div> + +<div class="footnote"><p><a name="Footnote_39_39" id="Footnote_39_39"></a><a href="#FNanchor_39_39"><span class="label">[39]</span></a> To a modern practitioner to whom benefit of clergy is +merely an archæological puzzle, it would seem that the proper +argument was that the imprisonment was a punishment, and +that as French had not been imprisoned he was quit of the +law; but two centuries make a great deal of difference in +arguments on points of law.</p></div> + +<div class="footnote"><p><a name="Footnote_40_40" id="Footnote_40_40"></a><a href="#FNanchor_40_40"><span class="label">[40]</span></a> Sir George Treby (1644-1700), the son of a Devon gentleman, +entered Exeter College in 1661, and was called in 1671. +He represented his native town of Plympton in the House of +Commons in both Parliaments in 1679, and was a manager in +the impeachment of Lord Stafford. He succeeded Jeffreys as +Recorder of London in 1680, but was removed after the +success of the <i>Quo Warranto</i> proceedings. He sat in the +Oxford Parliament of 1681, and resumed his seat as Recorder +after the arrival of the Prince of Orange. He afterwards re-entered +Parliament, succeeded Pollexfen as Solicitor-General +in 1689, as Attorney-General in the same year, and as Lord +Chief-Justice of the Common Pleas in 1692.</p></div> + +<div class="footnote"><p><a name="Footnote_41_41" id="Footnote_41_41"></a><a href="#FNanchor_41_41"><span class="label">[41]</span></a> Edward Ward was called in 1670, and was engaged to +assist Lord Russell in his trial. He was a candidate for the +office of Sheriff of London in the famous election of 1683 +(<i>ante</i>, pp. 3, 15). He refused a judgeship at the Revolution; +became Attorney-General in 1693, and Chief Baron in 1695. +He died in 1714. He was an ancestor of the late Mr. G. +Ward Hunt.</p></div> + +<div class="footnote"><p><a name="Footnote_42_42" id="Footnote_42_42"></a><a href="#FNanchor_42_42"><span class="label">[42]</span></a> Sir Edward Nevill was called in 1658. He was knighted +in 1681, on presenting an address to Charles <span class="small">II.</span> as Recorder +of Bath. He became Serjeant in 1684, and a Baron of the +Exchequer in 1685. He was dismissed six months afterwards +for refusing to support the royal assumption of the dispensing +power. Fosse gives a striking extract from his evidence +before Parliament in 1689, to show how the power of the +Executive was actually brought to bear on the Stewart judges. +He was restored to his office after the Revolution, removed to +the Common Pleas in 1691, and died in 1705.</p></div> +</div> +<p><span class="pagenum"><a name="Page_136" id="Page_136">[Pg 136]</a></span></p> + +<p> </p> + +<p><span class="pagenum"><a name="Page_137" id="Page_137">[Pg 137]</a></span></p> + +<p> </p> + +<p><span class="pagenum"><a name="Page_138" id="Page_138">[Pg 138]</a></span></p> + +<p> </p> + +<p><span class="pagenum"><a name="Page_139" id="Page_139">[Pg 139]</a></span></p> +<h2 class="gap4"><a name="SPENCER_COWPER_AND_OTHERS" id="SPENCER_COWPER_AND_OTHERS"></a>SPENCER COWPER AND OTHERS</h2> + +<p>Spencer Cowper,<a name="FNanchor_43_43" id="FNanchor_43_43"></a><a href="#Footnote_43_43" class="fnanchor">[43]</a> a barrister; Ellis Stephens and +William Rogers, attorneys; and John Marston, +a scrivener, were indicted at the Hertford +Summer Assizes in 1699 for the murder of Sarah +Stout, on the 13th of the previous March. They +were tried at the same Assizes, before Baron +Hatsell,<a name="FNanchor_44_44" id="FNanchor_44_44"></a><a href="#Footnote_44_44" class="fnanchor">[44]</a> on the 16th of July.</p> + +<p><span class="pagenum"><a name="Page_140" id="Page_140">[Pg 140]</a></span></p><p>The indictment alleged that they had murdered +Sarah Stout by strangling her, and had then +thrown her body into the Priory River to conceal +the body. To this, all the prisoners pleaded +Not Guilty.</p> + +<p><i>Jones</i> appeared for the prosecution; Cowper +defended himself, and practically the other +prisoners as well.</p> + +<p>The prisoners agreed that Cowper's challenges +should be taken to be the challenges of all of +them; and enough jurors were then challenged +to exhaust the panel. Accordingly, after some +discussion, Jones was called upon to show cause +for his challenges.</p> + +<div class="blockquot"><p><span class="smcap">Clerk of Arraigns</span>—Call Daniel Clarke.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Mr. Jones, if you can say any +juryman hath said anything concerning the cause, +and given his verdict by way of discourse, or showed +his affection one way or the other, that would be good +cause of challenge.</p> + +<p><span class="smcap">Jones</span>—My lord, then we should keep you here till +to-morrow morning.</p> + +<p><span class="smcap">Hatsell, Baron</span>—If there hath been any great +friendship between any juryman and the party, it will +look ill if it is insisted upon.</p> + +<p><span class="smcap">Cowper</span>—My lord, I do not insist upon it, but I +profess I know of no friendship, only that Mr. Clarke +in elections hath taken our interest in town; I know<span class="pagenum"><a name="Page_141" id="Page_141">[Pg 141]</a></span> +I have a just cause, and I am ready to be tried before +your lordship and any fair jury of the county; therefore +I do not insist upon it.</p></div> + +<p>A jury was then sworn, and <i>Jones</i> opened the +case for the prosecution.</p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—May it please your lordship, and you gentlemen +that are sworn, I am of counsel for the king in +this cause, and it is upon an indictment by which the +gentlemen at the bar stand accused for one of the +foulest and most wicked crimes almost that any age +can remember; I believe in your county you never +knew a fact of this nature; for here is a young gentlewoman +of this county strangled and murdered in the +night time. The thing was done in the dark, therefore +the evidence cannot be so plain as otherwise +might be.</p> + +<p>After she was strangled and murdered, she was +carried down into a river to stifle the fact, and to +make it supposed she had murdered herself; so that +it was indeed, if it prove otherwise, a double murder, +a murder accompanied with all the circumstances of +wickedness and villainy that I remember in all my +practice or ever read of.</p> + +<p>This fact, as it was committed in the night time, +so it was carried very secret, and it was very well +we have had so much light as we have to give so much +satisfaction; for we have here, in a manner, two +trials; one to acquit the party that is dead, and to +satisfy the world, and vindicate her reputation, that +she did not murder herself, but was murdered by +other hands. For my part, I shall never, as counsel +in the case of blood, aggravate; I will not improve<span class="pagenum"><a name="Page_142" id="Page_142">[Pg 142]</a></span> +or enlarge the evidence at all; it shall be only my +business to set the fact as it is, and to give the evidence, +and state it as it stands here in my instructions.</p> + +<p>My lord, for that purpose, to lead to the fact, it +will be necessary to inform you, that upon Monday +the 13th of March, the first day of the last assizes here, +Mr. Cowper, one of the gentlemen at the bar, came +to this town, and lighted at Mr. Barefoot's house, +and staid there some time, I suppose to dry himself, +the weather being dirty, but sent his horse to Mrs. +Stout's, the mother of this gentlewoman. Some time +after he came thither himself, and dined there, and +staid till four in the afternoon; and at four, when he +went away, he told them he would come and lodge +there that night, and sup.</p> + +<p>According to his word he came there, and had +the supper he desired; after supper Mrs. Stout, the +young gentlewoman, and he sat together till near +eleven o'clock. At eleven o'clock there was orders +given to warm his bed, openly to warm his bed in his +hearing. The maid of the house, gentlemen, upon +this went up stairs to warm his bed, expecting the +gentleman would have come up and followed her +before she had done; but it seems, while she was +warming his bed, she heard the door clap together; +and the nature of that door is such, that it makes a +great noise at the clapping of it to, that any body +in the house may be sensible of any one's going out. +The maid upon this was concerned, and wondered at +the meaning of it, he promising to lie there that +night; she came down, but there was neither Mr. +Cowper nor Mrs. Stout; so that we suppose, and +for all that we can find and learn, they must go out +together. After their going out, the maid and mother<span class="pagenum"><a name="Page_143" id="Page_143">[Pg 143]</a></span> +came into the room; and the young gentlewoman +not returning, nor Mr. Cowper, they sat up all night +in the house, expecting what time the young gentlewoman +would return. The next morning, after they +had sat up all night, the first news of this lady was, +that she lay floating and swimming in water by the +mill dam. Upon that there was several persons called; +for it was a surprize how this should come to pass. +There she lay floating with her petticoats and apron, +but her night rail and morning gown were off, and +one of them not found till some time after; and the +maid will give you an account how it came to be +found.</p> + +<p>This made a great noise in the country; for it was +very extraordinary, it happening that from the time +the maid left Mr. Cowper and this young gentlewoman +together, she was not seen or heard of till +next morning, when she was found in this condition, +with her eyes broad open, floating upon the water.</p> + +<p>When her body came to be viewed, it was very +much wondered at; for in the first place, it is contrary +to nature, that any persons that drown themselves +should float upon the water. We have sufficient +evidence, that it is a thing that never was; if persons +come alive into the water, then they sink; if dead, +then they swim; that made some more curious to +look into this matter. At first, it was thought that +such an accident might happen, though they could +not imagine any cause for this woman to do so, who +had so great prosperity, had so good an estate, and +had no occasion to do an action upon herself so wicked +and so barbarous, nor cannot learn what reason she +had to induce her to such a thing. Upon view of the +body, it did appear there had been violence used to<span class="pagenum"><a name="Page_144" id="Page_144">[Pg 144]</a></span> +the woman; there was a crease round her neck, she +was bruised about her ear; so that it did seem as if +she had been strangled either by hands or a rope.</p> + +<p>Gentlemen, upon the examination of this matter, +it was wondered how this matter came about, it was +dark and blind. The coroner at that time, nor these +people, had no evidence given, but the ordinary evidence, +and it passed in a day. We must call our +witnesses to this fact, that of necessity you must +conclude she was strangled, and did not drown herself. +If we give you as strong a proof as can be upon +the nature of the fact, that she was strangled, then +the second matter under that enquiry will be, to +know who, or what persons, should be the men that +did the fact. I told you before, it was, as all wicked +actions are, a matter of darkness, and done in secret +to be kept as much from the knowledge of men as +was possible.</p> + +<p>Truly, gentlemen, as to the persons at the bar, the +evidence of the fact will be very short, and will be to +this purpose.</p> + +<p>Mr. Cowper was the last man unfortunately in her +company; I could wish he had not been so with all my +heart; it is a very unfortunate thing, that his name +should upon this occasion be brought upon the stage: +but then, my lord, it was a strange thing, here happens +to be three gentlemen; Mr. Marson, Mr. Rogers, +and Mr. Stephens. As to these three men, my lord, +I do not hear of any business they had here, unless it +was to do this matter, to serve some interest or friend +that sent them upon this message; for, my lord, they +came to town (and in things of this nature it is well +we have this evidence; but if we had not been +straightened in time, it would have brought out<span class="pagenum"><a name="Page_145" id="Page_145">[Pg 145]</a></span> +more; these things come out slowly), these persons, +Mr. Stephens, Mr. Rogers, and Mr. Marson, came to +town here on the thirteenth of March last, the assize +day. My lord, when they came to town, they came +to an house, and took lodgings at one Gurrey's; they +took a bed for two, and went out of their lodging, +having taken a room with a large bed in it; and +afterwards they went to the Glove and Dolphin, and +then about eight o'clock one Marson came to them +there; in what company they came, your lordship +and the jury will know by and by; they staid there, +my lord, at the Glove from eight to eleven, as they +say. At eleven these three gentlemen came all into +their lodging together to this Gurrey's. My lord, +when they came in, it was very observable amongst +them, unless there had been a sort of fate in it, first, +That they should happen to be in the condition they +were; and, secondly, fall upon the discourse they did +at that time; for, my lord, they called for fire, and +the fire was made them; and while the people of the +house were going about, they observed and heard +these gentlemen talk of Mrs. Sarah Stout; that +happened to be their discourse; one said to the +other, Marson, she was an old sweetheart of yours: +Ay, saith he, but she cast me off, but I reckon by +this time a friend of mine has done her business. +Another piece of discourse was, I believe a friend +of mine is even with her by this time. They +had a bundle of linen with them, but what it +was is not known, and one takes the bundle and +throws it upon the bed; well, saith he, her business +is done, Mrs. Sarah Stout's courting days are over; +and they sent for wine, my lord; so after they had +drank of the wine they talked of it, and one pulled<span class="pagenum"><a name="Page_146" id="Page_146">[Pg 146]</a></span> +out a great deal of money; saith one to another, +what money have you spent to-day? Saith the other, +thou hast had 40 or 50 pounds for thy share: Saith +the other, I will spend all the money I have, for joy +the business is done.</p> + +<p>My lord, this discourse happened to be among them; +which made people of the house consider and bethink +themselves; when the next day they heard of this +Mrs. Stout's being found in the water, this made them +recollect and call to mind all these discourses.</p> + +<p>My lord, after these gentlemen had staid there all +night, next morning, truly, it was observed (and I +suppose some account will be given of it) that Mr. +Cowper and they did meet together, and had several +discourses, and that very day went out of town; and +I think as soon as they came to Hoddesden, made it +all their discourse and business to talk of Mrs. Stout. +My lord, we will call our witnesses, and prove all +these facts that I have opened to your lordship; and +then I hope they will be put to give you some account +how all these matters came about.</p></div> + +<p class="center"><i>Call Sarah Walker</i> (<i>who was sworn</i>).</p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—Mrs. Walker, pray give an account to my +lord and the jury, of Mr. Cowper's coming to your +house the 13th of March, and what was done from his +coming there at night to his going out?</p> + +<p><span class="smcap">Walker</span>—May it please you, my lord, on Friday +before the last assizes, Mr. Cowper's wife sent a letter +to Mrs. Stout, that she might expect Mr. Cowper at +the assize time; and therefore we expected Mr. +Cowper at that time, and accordingly provided; and as +he came in with the judges, she asked him if he would<span class="pagenum"><a name="Page_147" id="Page_147">[Pg 147]</a></span> +alight? He said no; by reason I come in later than +usual, I will go into the town and show myself, +but he would send his horse presently. She asked +him, how long it would be before he would come, +because they would stay for him? He said, he +could not tell, but he would send her word; and she +thought he had forgot, and sent me down to know, +whether he would please to come? He said, he had +business, and he could not come just then; but he +came in less than a quarter of an hour after, and dined +there, and he went away at four o'clock: and then my +mistress asked him, if he would lie there? And he +answered yes, and he came at night about 9; and +he sat talking about half an hour, and then called for +pen, ink and paper, for that, as he said, he was to +write to his wife; which was brought him, and he +wrote a letter; and then my mistress went and asked +him, what he would have for supper? He said milk, +by reason he had made a good dinner; and I got him +his supper, and he eat it; after she called me in again, +and they were talking together, and then she bid me +make a fire in his chamber; and when I had done so, +I came and told him of it, and he looked at me, and +made me no answer; then she bid me warm the bed, +which accordingly I went up to do as the clock struck +eleven, and in about a quarter of an hour I heard the +door shut, and I thought he was gone to carry the +letter, and staid about a quarter of an hour longer, +and came down, and he was gone and she; and Mrs. +Stout the mother asked me the reason why he went +out when I was warming his bed? and she asked +me for my mistress, and I told her I left her with +Mr. Cowper, and I never saw her after that nor did +Mr. Cowper return to the house.</p></div><p><span class="pagenum"><a name="Page_148" id="Page_148">[Pg 148]</a></span></p> + +<p>She sat up all night; she next saw Sarah Stout +when she had been taken out of the water the +next morning. On being pressed, she was certain +that it was a quarter after eleven by their clock +when Cowper left the house; their clock was +half an hour faster than the town clock.</p> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—Pray, what account did you give as to the +time before my lord chief-justice Holt?</p> + +<p><span class="smcap">Walker</span>—I gave the account that it was eleven, or +quarter of an hour after.</p> + +<p><span class="smcap">Cowper</span>—In her depositions there is half an hour's +difference; for then she said it was half an hour after +ten.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Which clock was earliest, yours +or the town clock?</p> + +<p><span class="smcap">Walker</span>—Ours was half an hour faster than +theirs.</p> + +<p><span class="smcap">Cowper</span>—How came you to know this?</p> + +<p><span class="smcap">Walker</span>—By reason that dinner was dressed at the +cook's, and it was ordered to be ready by two o'clock, +and it was ready at two by the town clock, and half +an hour after two by ours.</p> + +<p><span class="smcap">Cowper</span>—When you came down and missed your +mistress, did you enquire after her all that night?</p> + +<p><span class="smcap">Walker</span>—No, Sir, I did not go out of the doors; I +thought you were with her, and so I thought she +would come to no harm.</p> + +<p><span class="smcap">Cowper</span>—Here is a whole night she gives no account +of. Pray, mistress, why did not you go after her?</p> + +<p><span class="smcap">Walker</span>—My mistress would not let me.</p> + +<p><span class="smcap">Cowper</span>—Why would she not let you?</p> + +<p><span class="smcap">Walker</span>—I said I would see for her? No, saith +she, by reason if you go and see for her, and do not<span class="pagenum"><a name="Page_149" id="Page_149">[Pg 149]</a></span> +find her, it will make an alarm over the town, and +there may be no occasion.</p> + +<p><span class="smcap">Cowper</span>—Did your mistress use to stay out all +night?</p> + +<p><span class="smcap">Walker</span>—No, never.</p> + +<p><span class="smcap">Cowper</span>—Have not you said so?</p> + +<p><span class="smcap">Walker</span>—I never said so in my life.</p> + +<p><span class="smcap">Cowper</span>—Pray, Mrs. Walker, did you never take +notice that your mistress was under melancholy?</p> + +<p><span class="smcap">Walker</span>—I do not say but she was melancholy; +she was ill for some time; and I imputed it to her +illness, and I know no other cause.</p> + +<p><span class="smcap">Cowper</span>—Have you not often told people that +your mistress was a melancholy person, upon your +oath?</p> + +<p><span class="smcap">Walker</span>—I have said she hath been ill, and that +made her melancholy.</p></div> + +<p>The witness admitted that she had bought +poison twice within the last six months; she +bought it at her own instance, and not at the +order of Mrs. Stout, or of Mrs. Crooke. She +asked for white mercury. She bought it to +poison a dog with; the dog used to come about +the house and do mischief. It was another maid +who gave it to the dog; she swore at the inquest +that she had given it because she had seen it +given; it was given in warm milk which did not +seem discoloured.</p> + +<div class="blockquot"><p><span class="smcap">Hatsell, Baron</span>—You said just now your mistress +was ill, and that made her melancholy; what illness +was it?<span class="pagenum"><a name="Page_150" id="Page_150">[Pg 150]</a></span></p> + +<p><span class="smcap">Walker</span>—My lord, she had a great pain in her +head.</p> + +<p><span class="smcap">Hatsell, Baron</span>—How long had she been troubled +with it?</p> + +<p><span class="smcap">Walker</span>—Ever since last May was twelve months +was the beginning of it.</p> + +<p><span class="smcap">Jones</span>—Did you ever find her in the least inclined +to do herself a mischief?</p> + +<p><span class="smcap">Walker</span>—No, I never did.</p> + +<p><span class="smcap">Cowper</span>—You bought poison twice, did you give all +the poison you bought to the dog?</p> + +<p><span class="smcap">Walker</span>—Yes.</p> + +<p><span class="smcap">Cowper</span>—The first and the last?</p> + +<p><span class="smcap">Walker</span>—Yes, the whole.</p> + +<p><span class="smcap">Cowper</span>—How much did you buy?</p> + +<p><span class="smcap">Walker</span>—I am not certain how much I bought.</p> + +<p><span class="smcap">Cowper</span>—Pray, what mischief did it do the dog?</p> + +<p><span class="smcap">Walker</span>—I cannot tell, he may be alive till now +for aught I know.</p> + +<p><span class="smcap">Cowper</span>—What mischief did the dog do?</p> + +<p><span class="smcap">Walker</span>—A great deal, he threw down several +things and broke them.</p> + +<p><span class="smcap">Jones</span>—Did Mr. Cowper, upon your oath, hear +Mistress Stout give you order to make his fire, and +warm his bed?</p> + +<p><span class="smcap">Walker</span>—He knows best, whether he heard it or +no; but he sat by her when she spake it.</p> + +<p><span class="smcap">Jones</span>—Did she speak of it so as he might hear?</p> + +<p><span class="smcap">Walker</span>—Yes, she did; for he was nearer than I.</p> + +<p><span class="smcap">Jones</span>—And did not he contradict it?</p> + +<p><span class="smcap">Walker</span>—Not in the least.</p> + +<p><span class="smcap">Jones</span>—Was it the old or young woman that gave +you the order?</p> + +<p><span class="smcap">Walker</span>—The young woman.<span class="pagenum"><a name="Page_151" id="Page_151">[Pg 151]</a></span></p> + +<p><span class="smcap">Cowper</span>—Pray did the dog lap it, or did you put it +down his throat, upon your oath?</p> + +<p><span class="smcap">Walker</span>—No, he lapt it, upon my oath.</p> + +<p><span class="smcap">Jones</span>—Did Mr. Cowper send for his horse from +your house the next day?</p> + +<p><span class="smcap">Walker</span>—I cannot say that; I was not in the way.</p> + +<p><span class="smcap">Jones</span>—Did he come to your house afterwards?</p> + +<p><span class="smcap">Walker</span>—No, I am sure he did not.</p> + +<p><span class="smcap">Jones</span>—Was the horse in your stable when it was +sent for?</p> + +<p><span class="smcap">Walker</span>—Yes, sir.</p> + +<p><span class="smcap">Jones</span>—And he did not come to your House again, +before he went out of town?</p> + +<p><span class="smcap">Walker</span>—No, sir.</p> + +<p><span class="smcap">Jones</span>—Do you know which way he went out of +town?</p> + +<p><span class="smcap">Walker</span>—No, Sir.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Did Mr. Cowper use to lodge at +your house at the assizes?</p> + +<p><span class="smcap">Walker</span>—No, my lord, not since I came there; the +sessions before he did.</p> + +<p><span class="smcap">Cowper</span>—Where did you come to invite me to +dinner?</p> + +<p><span class="smcap">Walker</span>—At Mr. Barefoot's.</p> + +<p><span class="smcap">Cowper</span>—Then you knew I was to lodge there?</p> + +<p><span class="smcap">Hatsell, Baron</span>—Who wrote the letter on Friday, +that Mr. Cowper would lodge there?</p> + +<p><span class="smcap">Walker</span>—I know not who wrote it, his wife sent it.</p> + +<p><span class="smcap">Jones</span>—Did he tell you he would lodge there that +night before he went away?</p> + +<p><span class="smcap">Walker</span>—When he went from dinner he said so.</p></div> + +<p><i>James Berry</i> could not remember exactly which +day it was that Sarah Stout was found in his mill;<span class="pagenum"><a name="Page_152" id="Page_152">[Pg 152]</a></span> +but he went out at six o'clock to shoot a flush of +water and saw something floating in the water, +and on going to see what it was, saw that it was +part of her clothes. He did not see her face; +no part of her body was above the water, only +part of her clothes. The water might be about +five foot deep and she might be about five or six +inches under the water. She lay upon her side; +when she was taken out her eyes were open.</p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—Was she swelled with water?</p> + +<p><span class="smcap">Berry</span>—I did not perceive her swelled; I was +amazed at it; and did not so much mind it as I +should.</p> + +<p><span class="smcap">Jones</span>—But you remember her eyes were staring +open?</p> + +<p><span class="smcap">Berry</span>—Yes.</p> + +<p><span class="smcap">Jones</span>—Did you see any marks or bruises about +her?</p> + +<p><span class="smcap">Berry</span>—No.</p> + +<p><span class="smcap">Cowper</span>—Did you see her legs?</p> + +<p><span class="smcap">Berry</span>—No, I did not.</p> + +<p><span class="smcap">Cowper</span>—They were not above the water?</p> + +<p><span class="smcap">Berry</span>—No.</p> + +<p><span class="smcap">Cowper</span>—Could you see them under the water?</p> + +<p><span class="smcap">Berry</span>—I did not so much mind it.</p> + +<p><span class="smcap">Cowper</span>—Did she lie straight or double, driven +together by the stream?</p> + +<p><span class="smcap">Berry</span>—I did not observe.</p> + +<p><span class="smcap">Cowper</span>—Did you not observe the weeds and +trumpery under her?</p> + +<p><span class="smcap">Berry</span>—There was no weeds at that time thereabouts.<span class="pagenum"><a name="Page_153" id="Page_153">[Pg 153]</a></span></p> + +<p><span class="smcap">Jones</span>—Was the water clear?</p> + +<p><span class="smcap">Berry</span>—No, it was thick water.</p> + +<p><span class="smcap">Jones</span>—Was there anything under her in the water +to prevent her sinking?</p> + +<p><span class="smcap">Berry</span>—No, I do not know there was; she lay on +her right side, and her right arm was driven between +the stakes, which are within a foot of one another.</p> + +<p><span class="smcap">Jones</span>—Did anything hinder her from sinking?</p> + +<p><span class="smcap">Berry</span>—Not that I saw.</p> + +<p><span class="smcap">Cowper</span>—Mr. Berry, if I understand you right, you +say her arm was driven between the stakes, and her +head between the stakes; could you perceive her right +arm, and where was her left arm?</p> + +<p><span class="smcap">Berry</span>—Within a small matter upon the water.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Did you see her head and arm +between the stakes?</p> + +<p><span class="smcap">Berry</span>—Yes, her arm by one stake and her head by +another.</p> + +<p><span class="smcap">Jones</span>—Did her arm hang down or how?</p> + +<p><span class="smcap">Berry</span>—I did not mind so much as I might have +done.</p></div> + +<p><i>John Venables</i> and <i>Leonard Dell</i> corroborated +Berry's account of the position of the body, the +latter asserting that the right arm did not reach +to the ground. <i>Dell</i> also helped to carry the +body to land, but saw no bruises.</p> + +<div class="blockquot"><p><span class="smcap">Hatsell, Baron</span>—When you took her out of the +water, did you observe her body swelled?</p> + +<p><span class="smcap">Dell</span>—We carried her into the meadow, and laid +her on the bank-side, and there she lay about an +hour, and then was ordered to be carried into the +miller's.<span class="pagenum"><a name="Page_154" id="Page_154">[Pg 154]</a></span></p> + +<p><span class="smcap">Hatsell, Baron</span>—Did you observe that any water +was in the body?</p> + +<p><span class="smcap">Dell</span>—None at all that I could see; but there was +some small matter of froth came from her mouth and +nostrils.</p> + +<p><span class="smcap">Juryman</span>—My lord, I desire to know whether her +stays were laced.</p> + +<p><span class="smcap">Dell</span>—Yes, she was laced.</p> + +<p><span class="smcap">Cowper</span>—How was she taken out of the water?</p> + +<p><span class="smcap">Dell</span>—My lord, we stood upon the bridge, I and +another man, where she lay, and he laid hold of her +and took her out.</p> + +<p><span class="smcap">Jones</span>—And did you not perceive she was hung?</p> + +<p><span class="smcap">Dell</span>—No, my lord.</p></div> + +<p><i>John Ulfe</i> saw Mrs. Stout when she was taken +out of the water; she lay there on one side; +there was nothing at all to hold her up; she lay +between a couple of stakes, but the stakes could +not hold her up.</p> + +<p><i>Katherine Dew, Edward Blackno, William Edmunds, +William Page, William How, and John +Meager</i> all gave the same account of the position +and state of the body, Dew and Ulfe adding +that her shoes and stockings were not muddy.</p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—Now, my lord, we will give an account how +she was when she was stript, and they came to view +the body. Call John Dimsdale, junior. (Who was +sworn.)</p> + +<p><span class="smcap">Dimsdale</span>—My lord, I was sent for at night on +Tuesday the last assizes.</p> + +<p><span class="smcap">Cowper</span>—My lord, if your lordship pleases, I have<span class="pagenum"><a name="Page_155" id="Page_155">[Pg 155]</a></span> +some physicians of note and eminency that are come +down from London; I desire that they may be called +into Court to hear what the surgeons say.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Ay, by all means.</p> + +<p><span class="smcap">Cowper</span>—My lord, there is Dr. Sloane, Dr. Garth, +Dr. Morley, Dr. Gilstrop, Dr. Harriot, Dr. Wollaston, +Dr. Crell, Mr. William Cowper, Mr. Bartlett, and +Mr. Camlin. [Who respectively appeared in Court.]</p> + +<p><span class="smcap">Jones</span>—Give an account how you found Mrs. Stout.</p> + +<p><span class="smcap">Hatsell, Baron</span>—You are a physician, I suppose, +Sir?</p> + +<p><span class="smcap">Dimsdale</span><a name="FNanchor_45_45" id="FNanchor_45_45"></a><a href="#Footnote_45_45" class="fnanchor">[45]</a>—A surgeon, my lord. When I was sent +for to Mrs. Stout's, I was sent for two or three times +before I would go; for I was unwilling after I heard +Mrs. Stout was drowned; for I thought with myself, +what need could there be of me when the person was +dead? but she still sent; and then I went with Mr. +Camlin, and found a little swelling on the side of her +neck, and she was black on both sides, and more +particularly on the left side, and between her breasts +up towards the collar-bone; and that was all I saw at +that time, only a little mark upon one of her arms, +and I think upon her left arm.</p> + +<p><span class="smcap">Jones</span>—How were her ears?</p> + +<p><span class="smcap">Dimsdale</span>—There was a settling of blood on both +sides the neck, that was all I saw at that time.</p> +<p><span class="pagenum"><a name="Page_156" id="Page_156">[Pg 156]</a></span></p> +<p><span class="smcap">Jones</span>—How do you think she came by it?</p> + +<p><span class="smcap">Dimsdale</span>—Truly I only gave an account just as +I say now to the gentlemen at that time, I saw no +more of it at that time, but about six weeks after the +body was opened by Dr. Phillips——</p> + +<p><span class="smcap">Cowper</span>—My lord, he is going to another piece of +evidence and I would ask him——</p> + +<p><span class="smcap">Jones</span>—Let us have done first; how was her ears?</p> + +<p><span class="smcap">Dimsdale</span>—There was a blackness on both ears, a +settling of blood.</p> + +<p><span class="smcap">Jones</span>—Call Sarah Kimpson.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Mr. Cowper, now you may ask +him anything, they have done with him.</p> + +<p><span class="smcap">Cowper</span>—I would ask him, whether he was not +employed to view these particular spots he mentions +at the Coroner's inquest?</p> + +<p><span class="smcap">Dimsdale</span>—I was desired to look upon the face +and arms, and breast, because they said there was a +settling of blood there.</p> + +<p><span class="smcap">Cowper</span>—When you returned to the Coroner's +inquest, what did you certify as your opinion?</p> + +<p><span class="smcap">Dimsdale</span>—I did certify that there was a settling of +blood; but how it came I could not tell.</p> + +<p><span class="smcap">Cowper</span>—I ask you, Sir, did not you say it was +no more than a common stagnation usual in dead +bodies?</p> + +<p><span class="smcap">Dimsdale</span>—I do not remember a word of it.</p> + +<p><span class="smcap">Cowper</span>—Sir, I would ask you; you say the spot +was about the collar-bone; was it above or below?</p> + +<p><span class="smcap">Dimsdale</span>—From the collar-bone downwards.</p> + +<p><span class="smcap">Cowper</span>—Had she any circle about her neck?</p> + +<p><span class="smcap">Dimsdale</span>—No; not, upon my oath.</p></div> + +<p><i>Sarah Kimpson</i> saw the body examined; she<span class="pagenum"><a name="Page_157" id="Page_157">[Pg 157]</a></span> +saw a great bruise behind the ear, as big as her +hand, and another under her collar-bone.</p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—Did you see nothing about her neck?</p> + +<p><span class="smcap">Kimpson</span>—Nothing round her neck; on the side of +her neck there was a mark.</p> + +<p><span class="smcap">Jones</span>—Was there any other part bruised?</p> + +<p><span class="smcap">Kimpson</span>—Only her left wrist, and her body was +very flat and lank.</p></div> + +<p>She saw the body the day it was found; it +was not swollen; she did not see any water about +it. She had seen a child which was drowned +in the same place about ten weeks before; it +was drowned at night and found the next morning; +it was found at the bottom of the river, +the eyes were shut, and the body was very much +swelled.</p> + +<p><i>Sarah Peppercorn</i> saw the body of Sarah Stout +when it was brought to Mrs. Stout's house. She +saw bruises on the head and near the ear. Mrs. +Stout asked her whether her daughter had been +with child, and she said she had not; she was +a midwife.</p> + +<p><i>Elizabeth Husler</i> was sworn.</p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—Had you the view of the body of Mrs. Sarah +Stout the day you heard she was drowned?</p> + +<p><span class="smcap">Husler</span>—She was not drowned, my lord; I went +thither and helped to pull off her clothes.</p> + +<p><span class="smcap">Jones</span>—In what condition was her body?</p> + +<p><span class="smcap">Husler</span>—Her body was very lank and thin, and no +water appeared to be in it.</p></div><p><span class="pagenum"><a name="Page_158" id="Page_158">[Pg 158]</a></span></p> + +<p>There was no water about her mouth and +nose; there were bruises at the top of the collar-bone +and upon both her ears.</p> + +<p><i>Ann Pilkington</i> saw the body, and gave the +same evidence as to its general condition as the +other witnesses.</p> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—Had she any circle about her neck?</p> + +<p><span class="smcap">Pilkington</span>—No, not that I did see.</p> + +<p><span class="smcap">Cowper</span>—Pray, did you not make some deposition +to that purpose that you know of?</p> + +<p><span class="smcap">Pilkington</span>—Sir, I never did, and dare not do it.</p> + +<p><span class="smcap">Cowper</span>—It was read against me in the King's +Bench, and I will prove it; was not Mr. Mead with +you at the time of your examination?</p> + +<p><span class="smcap">Pilkington</span>—Yes.</p> + +<p><span class="smcap">Cowper</span>—Did he not put in some words, and what +were they?</p> + +<p><span class="smcap">Pilkington</span>—Not that I know of.</p> + +<p><span class="smcap">Cowper</span>—But you never swore so, upon your oath?</p> + +<p><span class="smcap">Pilkington</span>—No, I do not believe I did; if I did it +was ignorantly.</p> + +<p><span class="smcap">Jones</span>—Here is her examination, it is 'cross her +neck.'</p></div> + +<p><i>Mr. Coatsworth</i>, a surgeon, was called and +deposed that in April he had been sent for, by +Dr. Phillips, to come to Hertford to see the +body of Mrs. Stout, who had been six weeks +buried. Various parts of the body were examined; +the woman had not been with child; +the intestines and stomach were full of air, but +there was no water in them, or the breast, or<span class="pagenum"><a name="Page_159" id="Page_159">[Pg 159]</a></span> +lobes of the lungs; there was no water in the +diaphragm.</p> + +<div class="blockquot"><p>Then I remember I said, this woman could not be +drowned, for if she had taken in water, the water +must have rotted all the guts; that was the construction +I made of it then; but for any marks about the +head or neck, it was impossible for us to discover it, +because they were so rotten.</p></div> + +<p>The inspection was made on the 28th of April, +and the woman was drowned on the 13th of +March. The doctor had offered to examine the +skull, to see if it had been injured, 'but they +did not suspect a broken skull in the case, and +we did not examine it.' All the other parts +were sound.</p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—Call John Dimsdale.</p> + +<p><span class="smcap">Cowper</span>—My lord, I would know, and I desire to +be heard to this point; I think where the Coroner's +inquest have viewed the body, and the relations have +been heard, and the body buried, that it is not to be +stirred afterwards for any private inspection of parties, +that intend to make themselves prosecutors; but if +it is to be taken up, it is to be done by some legal +authority; for if it should be otherwise, any gentleman +may be easily trepanned: for instance, if they +should have thought fit, after the Coroner's view, to +have broken the skull into a hundred pieces, this was +a private view altogether among themselves. Certainly, +if they intended to have prosecuted me, or +any other gentleman upon this evidence, they ought +to have given us notice, that we might have had some<span class="pagenum"><a name="Page_160" id="Page_160">[Pg 160]</a></span> +surgeons among them, to superintend their proceedings. +My lord, with submission, this ought not to +be given in evidence.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Mr. Cowper, I think you are not in +earnest; there is no colour for this objection: if they +did take up the body without notice, why should not +that be evidence? unless you think they had a design +to forswear themselves.</p> + +<p><span class="smcap">Cowper</span>—Had you a <i>Melius Inquirendum</i>, or any +lawful warrant for making this inspection?</p> + +<p><span class="smcap">Coatsworth</span>—No, there was not.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Suppose they did an ill thing in +taking up the body without some order, though I do +not know any more ill in taking up that body than +any other; but, however, is that any reason why we +should not hear this evidence?</p> + +<p><span class="smcap">Coatsworth</span>—Mr. Camblin, sir Wm. Cowper's +surgeon, was there by.</p></div> + +<p><i>Mr. Dimsdale, senior</i>, a surgeon, was sworn +and deposed that he had been sent for on the +28th of April by Mrs. Stout, to view the body +of her daughter.</p> + +<div class="blockquot"><p>Finding her head so much mortified, down to her +neck, we thought all the parts were seized, and had +a consultation, whether we should open her or not; +but Mrs. Stout was very enraged, because a great +scandal had been raised, that her daughter was with +child; and she said she would have her opened to +clear her reputation.</p></div> + +<p>The body was examined, with the same result +that the other witness had described, no water<span class="pagenum"><a name="Page_161" id="Page_161">[Pg 161]</a></span> +being found either in the stomach or the +lungs.</p> + +<div class="blockquot"><p>After this we had a consultation, to consider whether +she was drowned or not drowned; and we were all +of opinion that she was not drowned; only Mr. +Camblin desired he might be excused from giving +his opinion whether she was drowned or not; but +all the rest of us did give our opinions that she was +not drowned.</p></div> + +<p>The grounds for this opinion were the absence +of water from the lungs and intestines; and this +was a sign which would show whether she had +been drowned or not weeks after her death. In +answer to Cowper he admitted that he had never +seen a body opened which had been drowned +six weeks. If a body had been drowned a fortnight, +the bowels would be so rotten that it +would be impossible to come near it.</p> + +<p><i>John Dimsdale, junior</i>, believed that the body +had not been drowned, and signed a certificate +to that effect after looking at the body; he +believed it, because he found no water in the +body. He had seen the child that was drowned +the morning after it was drowned, and had found +abundance of water in the body then.</p> + +<p><i>Dr. Dimsdale</i> saw the body after it was opened, +and on finding no water in the thorax or abdomen, +signed the certificate. Had the woman been +drowned he would have expected to find water +in the thorax.<span class="pagenum"><a name="Page_162" id="Page_162">[Pg 162]</a></span></p> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—Is it possible there should be water in the +thorax according to your skill?</p> + +<p><span class="smcap">Dimsdale</span>—Yes, we did think there would have +been, if she had been drowned.</p></div> + +<p>He would have expected to find traces of it +after six weeks.</p> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—Pray by what passage does the water go +into the thorax?</p> + +<p><span class="smcap">Dimsdale</span>—It will be very difficult for me to describe +the manner here; but we should have found some in +the stomach and intestines.</p> + +<p><span class="smcap">Cowper</span>—Pray, sir, how should it go into the +thorax?</p> + +<p><span class="smcap">Dimsdale</span>—By the lymphæduct, if carried by any +means.</p></div> + +<p>No water would come into a body after it was +dead, but he questioned whether or not it might +come into the windpipe.</p> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—Sir, I would ask you, was you not angry +that Mr. Camblin would not join with you in opinion?</p> + +<p><span class="smcap">Dimsdale</span>—No.</p> + +<p><span class="smcap">Cowper</span>—Did you not tell him that you were a +graduate physician, and was angry he would not join +you?</p> + +<p><span class="smcap">Dimsdale</span>—Suppose I did?</p> + +<p><span class="smcap">Hatsell, Baron</span>—But did you so or no?</p> + +<p><span class="smcap">Dimsdale</span>—Yes, my lord, we had some words about it.</p> + +<p><span class="smcap">Jones</span>—Swear Dr. Coatsworth. (Which was done.) +Now, my lord, we call these gentlemen that are +doctors of skill, to know their opinions of them that<span class="pagenum"><a name="Page_163" id="Page_163">[Pg 163]</a></span> +are found floating without water in them, how they +came by their death.</p> + +<p><span class="smcap">Dr. Coatsworth</span>—I have not seen many drowned +bodies to make observation upon; but it is my +opinion, that every body that is drowned, is suffocated +by water passing down the windpipe into the lungs +upon respiration; and at the same time, the water +pressing upon the gullet, there will be a necessity of +swallowing a great part of it into the stomach; I have +been in danger of being drowned myself, and I was +forced to swallow a great quantity of water. If a +person was drowned, and taken out immediately, as +soon as the suffocation was effected, I should not +wonder if there were but little water in the stomach +and guts; but if it lay in the water several hours, it +must be very strange if the belly should not be full of +water; but I will not say, it is impossible it should be +otherwise.</p> + +<p><span class="smcap">Cowper</span>—I desire to know, whether this gentleman +attempted to drown himself, or was in danger of being +drowned by accident?</p> + +<p><span class="smcap">Dr. Coatsworth</span>—It was by accident: I was passing +up the ship-side, and took hold of a loose rope instead +of the entering rope, which failing me, I fell into the +water.</p> + +<p><span class="smcap">Cowper</span>—But you struggled to save yourself from +drowning?</p> + +<p><span class="smcap">Dr. Coatsworth</span>—I did so; I have seen several +persons that have been drowned, and they have lain +several days, until by fermentation they have been +raised; but I never made my observations of any +persons that have been drowned above six hours.</p> + +<p><span class="smcap">Jones</span>—Did you ever hear of any persons that, as +soon as they were drowned, had swam above water?<span class="pagenum"><a name="Page_164" id="Page_164">[Pg 164]</a></span></p> + +<p><span class="smcap">Dr. Coatsworth</span>—I have not known such a case.</p> + +<p><span class="smcap">Cowper</span>—Did you ever know, Sir, a body that was +otherwise killed, to float upon the water?</p> + +<p><span class="smcap">Dr. Coatsworth</span>—I never made any observation of +that.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Dr. Browne has a learned discourse, +in his <i>Vulgar Errors</i>, upon this subject, +concerning the floating of dead bodies; I do not +understand it myself, but he hath a whole chapter +about it.<a name="FNanchor_46_46" id="FNanchor_46_46"></a><a href="#Footnote_46_46" class="fnanchor">[46]</a></p></div> + +<p class="center"><i>Then Dr. Nailor was sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—We ask you the same question that Dr. +Coatsworth was asked, What is your opinion of dead +bodies? If a body be drowned, will it have water in +it or no?</p> + +<p><span class="smcap">Dr. Nailor</span>—My lord, I am of opinion, that it will +have a quantity if it be drowned; but if there be no +water in the body, I believe that the person was dead +before it was put into the water.</p> + +<p><span class="smcap">Cowper</span>—I would ask the doctor one question, my +lord, Whether he was not a constant voter against the +interest of our family in this corporation?</p> + +<p><span class="smcap">Dr. Nailor</span>—I never did come to give a vote but +sir William Cowper, or his son, opposed me, and said +I had no right to vote.</p> + +<p><span class="smcap">Cowper</span>—I would have asked the same question of +the Dimsdales, if I had remembered it; they are of +another party, as this gentleman is.</p> + +<p><span class="smcap">Hatsell, Baron</span>—It is not at all material, as they +are witnesses. Then call Mr. Babington. (Who was +sworn.)</p> +<p><span class="pagenum"><a name="Page_165" id="Page_165">[Pg 165]</a></span></p> +<p><span class="smcap">Jones</span>—Pray, what is your opinion of this matter?</p> + +<p><span class="smcap">Babington</span>—I am of opinion, that all bodies that go +into the water alive and are drowned, have water in +them, and sink as soon as they are drowned, and do +not rise so soon as this gentlewoman did.</p> + +<p><span class="smcap">Cowper</span>—Pray, what is your profession, Sir?</p> + +<p><span class="smcap">Babington</span>—I am a surgeon.</p> + +<p><span class="smcap">Cowper</span>—Because Mr. Jones called you doctor.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Did you ever see any drowned +bodies?</p> + +<p><span class="smcap">Babington</span>—Yes, my lord, once I had a gentlewoman +a patient that was half an hour under water, +and she lived several hours after, and in all that time +she discharged a great quantity of water; I never +heard of any that went alive into the water, and were +drowned, that floated so soon as this gentlewoman +did; I have heard so from physicians.</p> + +<p><span class="smcap">Hatsell, Baron</span>—I have heard so too, and that they +are forced to tye a bullet to dead bodies thrown into +the sea, that they might not rise again.</p> + +<p><span class="smcap">Cowper</span>—The reason of that is, that they should not +rise again, not that they will not sink without it. But +I would ask Mr. Babington, whether the gentlewoman +he speaks of went into the water voluntarily, or fell +in by accident?</p> + +<p><span class="smcap">Babington</span>—By accident, but I believe that does +not alter the case.</p></div> + +<p><i>Dr. Burnet</i> was called, and expressed an opinion +that if a person jumped into the water or fell in +by accident they would swallow and inhale water +as long as they were alive, but not afterwards; +and that they would sink.</p> + +<p><i>Dr. Woodhouse</i> expressed the same opinion.<span class="pagenum"><a name="Page_166" id="Page_166">[Pg 166]</a></span> +If a person had swallowed water in drowning, +signs of it would be visible some time afterwards.</p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—Call Edward Clement. (Who was sworn.) +Are not you a seaman?</p> + +<p><span class="smcap">Clement</span>—Yes, Sir.</p> + +<p><span class="smcap">Jones</span>—How long have you been so?</p> + +<p><span class="smcap">Clement</span>—Man I have writ myself but six years, +but I have used the sea nine or ten years.</p> + +<p><span class="smcap">Jones</span>—Have you known of any men that have been +killed, and thrown into the sea, or who have fallen +in and been drowned? Pray tell us the difference as +to their swimming and sinking.</p> + +<p><span class="smcap">Clement</span>—In the year '89 or '90, in Beachy fight, +I saw several thrown overboard during the engagement, +but one particularly I took notice of, that was +my friend, and killed by my side; I saw him swim for +a considerable distance from the ship; and a ship +coming under our stern, caused me to lose sight of +him, but I saw several dead bodies floating at the +same time; likewise in another engagement, where a +man had both his legs shot off, and died instantly, +they threw over his legs; though they sunk, I saw his +body float: likewise I have seen several men who have +died natural deaths at sea, they have when they have +been dead had a considerable weight of ballast and +shot made fast to them, and so were thrown overboard; +because we hold it for a general rule, that all +men swim if they be dead before they come into the +water; and on the contrary, I have seen men when +they have been drowned, that they have sunk as soon +as the breath was out of their bodies, and I could see +no more of them. For instance, a man fell out of the<span class="pagenum"><a name="Page_167" id="Page_167">[Pg 167]</a></span> +<i>Cornwall</i>, and sunk down to rights, and seven days +afterwards we weighed anchor, and he was brought +up grasping his arm about the cable, and we have +observed in several cases, that where men fall overboard, +as soon as their breath is out of their bodies +they sink downright; and on the contrary, where a +dead body is thrown overboard without weight, it will +swim.</p> + +<p><span class="smcap">Jones</span>—You have been in a fight; how do bodies +float after a battle?</p> + +<p><span class="smcap">Clement</span>—Men float with their heads just down, +and the small of their back and buttocks upwards; I +have seen a great number of them, some hundreds in +Beachy-head fight, when we engaged the French. I +was in the old <i>Cambridge</i> at that time. I saw several +(what number I will not be positive, but there were a +great number, I cannot guess to a score) that did +really swim, and I could see them float for a considerable +distance.</p> + +<p><span class="smcap">Jones</span>—Have you seen a shipwreck?</p> + +<p><span class="smcap">Clement</span>—Yes; the <i>Coronation</i>, in September 1691. +I was then belonging to the <i>Dutchess</i>, under the +command of captain Clement; we looked out and see +them taking down their masts; we saw the men +walking up and down on the right side, and the ship +sink down, and they swam up and down like a shoal +of fish one after another; and I see them hover one +upon another and see them drop away by scores at a +time; and there was an account of about nineteen +that saved themselves, some by boats, and others by +swimming; but there were no more saved out of the +ship's complement, which was between five and six +hundred, and the rest I saw sinking downright, some +twenty at a time. There was a fisherman brought our<span class="pagenum"><a name="Page_168" id="Page_168">[Pg 168]</a></span> +captain word, that in laying in of his nets he drew up +some men close under the rocks that were drowned +belonging to the <i>Coronation</i>. We generally throw in +bags of ballast with them.</p> + +<p><span class="smcap">Jones</span>—I suppose all men that are drowned, you +sink them with weights?</p> + +<p><span class="smcap">Clement</span>—Formerly shot was allowed for that purpose; +there used to be threescore weight of iron, but +now it is a bag of ballast that is made fast to them.</p> + +<p><span class="smcap">Jones</span>—Then, you take it for a certain rule, that +those that are drowned sink, but those that are thrown +overboard do not?</p> + +<p><span class="smcap">Clement</span>—Yes; otherwise why should the government +be at that vast charge to allow threescore or +fourscore weight of iron to sink every man, but only +that their swimming about should not be a discouragement +to others?</p></div> + +<p class="center"><i>Then Richard Gin was sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—You hear the question; pray what do you +say to it?</p> + +<p><span class="smcap">Gin</span>—I was at sea a great while, and all the men +that I see turned overboard had a great weight at +their heels to sink them.</p> + +<p><span class="smcap">Jones</span>—Then will they swim otherwise?</p> + +<p><span class="smcap">Gin</span>—So they say.</p> + +<p><span class="smcap">Jones</span>—Are you a seaman?</p> + +<p><span class="smcap">Gin</span>—I went against my will in two fights.</p> + +<p><span class="smcap">Jones</span>—Then, gentlemen of the jury, I hope we have +given you satisfaction that Mrs. Stout did not drown herself, +but was carried into the water after she was killed. +That was the first question; for if it be true that all +dead bodies when they are put into the water do swim, +and the bodies that go alive into the water and are<span class="pagenum"><a name="Page_169" id="Page_169">[Pg 169]</a></span> +drowned do sink, this is sufficient evidence that she +came by her death not by drowning, but some other +way. Now, my lord, as to the second matter, and +that is to give such evidence as we have against these +gentlemen at the bar. Mr. Cowper, it appears, was +the last man that any one give an account of was in +her company. What became of her afterwards, or +where they went, nobody can tell; but the other +witnesses have given you evidence that he was the +last man that was with her. I shall only give this +further evidence as to Mr. Cowper, that notwithstanding +all the civility and kindnesses that passed +between him and this family, when the bruit and noise +of this fact was spread abroad, Mr. Cowper did not +come to consider and consult with old Mrs. Stout +what was to be done; but he took no manner of +notice of it, and the next day he rode out of town, +without further taking notice of it. +Call <i>George Aldridge</i> and <i>John Archer</i>.</p></div> + +<p class="center"><i>John Archer was sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—Do you know anything of Mr. Cowper's +going out of town about this business of Mrs. Stout's +being drowned?</p> + +<p><span class="smcap">Archer</span>—Yes, I did see him go out of town afterwards.</p> + +<p><span class="smcap">Jones</span>—Which way did he go?</p> + +<p><span class="smcap">Archer</span>—He went the way back from the Glove; I +suppose he came that way.</p> + +<p><span class="smcap">Cowper</span>—What day was it I went? Is it not the +way that I used to go when I go the Circuit into +Essex?</p> + +<p><span class="smcap">Archer</span>—Yes, I believe so.</p> + +<p><span class="smcap">Cowper</span>—I lodged at Mr. Barefoot's, and he has a<span class="pagenum"><a name="Page_170" id="Page_170">[Pg 170]</a></span> +back-door to the Glove, where my horse was, and I +went the direct way into Essex, and it was Wednesday +morning: What day was it you see me go?</p> + +<p><span class="smcap">Archer</span>—It was on the Wednesday morning.</p> + +<p><span class="smcap">Cowper</span>—That was the very day I went into Essex.</p></div> + +<p class="center"><i>Then George Aldridge was sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—When did Mr. Cowper go out of town the +last assizes?</p> + +<p><span class="smcap">Aldridge</span>—On Wednesday.</p> + +<p><span class="smcap">Jones</span>—Which way did he go?</p> + +<p><span class="smcap">Aldridge</span>—He went the way to Chelmsford.</p> + +<p><span class="smcap">Jones</span>—Did you not fetch his horse from Stout's?</p> + +<p><span class="smcap">Aldridge</span>—Yes, sir.</p> + +<p><span class="smcap">Jones</span>—How often did you go for it?</p> + +<p><span class="smcap">Aldridge</span>—Three times.</p> + +<p><span class="smcap">Jones</span>—When?</p> + +<p><span class="smcap">Aldridge</span>—On Tuesday night I sent once, and went +twice myself; the first time there was nobody at home +to deliver the horse; so I went to Mr. Stout's, and +asked him about the horse, and he said he could not +deliver him till the maid went home; and then I went +about eleven o'clock and had the horse.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Was it eleven at night?</p> + +<p><span class="smcap">Aldridge</span>—Yes, my lord.</p> + +<p><span class="smcap">Cowper</span>—When I sent you to fetch my horse, what +directions did I give you?</p> + +<p><span class="smcap">Aldridge</span>—You gave me directions to fetch your +horse, because you said you should have occasion to +go out next morning betimes with the judge.</p> + +<p><span class="smcap">Cowper</span>—The reason I sent for my horse was this; +when I heard she had drowned herself, I think it +concerned me in prudence to send a common hostler<span class="pagenum"><a name="Page_171" id="Page_171">[Pg 171]</a></span> +for him, for fear the lord of the manor should seize +all that was there as forfeited.<a name="FNanchor_47_47" id="FNanchor_47_47"></a><a href="#Footnote_47_47" class="fnanchor">[47]</a></p> + +<p><span class="smcap">Hatsell, Baron</span>—There was no danger of that, for +she was found <i>Non compos mentis</i>.</p> + +<p><span class="smcap">Cowper</span>—No, my lord, I sent before the verdict.</p> + +<p><span class="smcap">Jones</span>—It seems you did not think fit to go and +take horse there yourself, though you put your horse +there.</p> + +<p>Now, my lord, we will go on, and give the other +evidence that we opened concerning these three other +gentlemen that came to town; two of them took +lodgings at Gurrey's at five in the afternoon, but did +not come in till between eleven and twelve, and then +they brought another in with them; and though he +had been in town five or six hours, his feet were wet +in his shoes, and his head was of a reeky sweat; he +had been at some hard labour I believe, and not +drinking himself into such a sweat.</p> + +<p>Call <i>John Gurrey</i>, <i>Matthew Gurrey</i>, and <i>Elizabeth +Gurrey</i>.</p></div> + +<p class="center"><i>John Gurrey was sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—Do you know any of the gentlemen at the +bar?</p> + +<p><span class="smcap">J. Gurrey</span>—Yes.</p> + +<p><span class="smcap">Jones</span>—Name who you know.</p> + +<p><span class="smcap">J. Gurrey</span>—There is Mr. Stephens, Mr. Rogers, +and Mr. Marson.</p> + +<p><span class="smcap">Jones</span>—Pray do you remember when they took +lodging at your house?</p> +<p><span class="pagenum"><a name="Page_172" id="Page_172">[Pg 172]</a></span></p> +<p><span class="smcap">J. Gurrey</span>—The last assizes; when they first came, +there was only Mr. Stephens and Mr. Rogers.</p> + +<p><span class="smcap">Jones</span>—At what time did they take it?</p> + +<p><span class="smcap">J. Gurrey</span>—I was at church, and cannot tell that, +they hired the lodgings of my wife.</p> + +<p><span class="smcap">Jones</span>—What can you say more?</p> + +<p><span class="smcap">J. Gurrey</span>—I was in at night when they came; +there came three of them at eleven at night, whereof +Mr. Marson was the third person and he said he was +destitute of a lodging and he asked for a spare bed; +my wife told him she had one, but had let it; whereupon +Mr. Stevens and Mr. Rogers said he should +lodge with them; so they went up altogether, and +they called for a fire to be kindled, and asked for +the landlord, which was I, and they asked me to fetch +a bottle of wine, and I told them I would fetch a quart, +which I did, and then they asked me to sit down and +drink with them, which I did; and then they asked +me if one Mrs. Sarah Stout did not live in the town, +and whether she was a fortune? I said Yes. Then +they said they did not know how to come to the sight +of her; and I said I would shew them her to-morrow +morning, not questioning but I might see her sometime +as she was coming down the street; so they said +they would go to see her. Mr. Rogers and Mr. +Stephens charged Mr. Marson with being her old +sweet-heart; saith Mr. Marson, she hath thrown me +off, but a friend of mine will be even with her by +this time.</p> + +<p><span class="smcap">Hatsell, Baron</span>—What o'clock was it then?</p> + +<p><span class="smcap">J. Gurrey</span>—I reckon eleven of the clock when they +came in.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Did you observe in what condition +Mr. Marson was in?<span class="pagenum"><a name="Page_173" id="Page_173">[Pg 173]</a></span></p> + +<p><span class="smcap">J. Gurrey</span>—I did not observe, only that he was +hot, and put by his wig; I see his head was wet, and +he said he was just come from London, and that made +him in such a heat.</p> + +<p><span class="smcap">Jones</span>—Had he shoes or boots on?</p> + +<p><span class="smcap">J. Gurrey</span>—I did not observe that.</p> + +<p><span class="smcap">Jones</span>—What did they do the next day?</p> + +<p><span class="smcap">J. Gurrey</span>—The next morning I heard this party +was in the water; I sat up all night, and was fain to +wait till my daughter came down to look after the +shop; and then I went to see her, and she removed +into the barn, and they were wiping her face, closing +her eyes, and putting up her jaws; and as I came +back these persons were walking, and I met Mr. +Marson and Mr. Stephens, and told them the news; +said I, this person has come to a sad accident: say +they, so we hear; but nevertheless we will be as good +as our word, and go and see her. I went with them +and overtook Mr. Rogers; and Marson said we are +going to see Mrs. Stout. 'O landlord!' said Rogers, +'you may take up that rogue' (pointing at Mr. Marson) +'for what he said last night'; but I did not think, they +speaking so jocularly, that there was any suspicion of +their being concerned in the murder. A second time +I went, the barn-door was locked; I knocked, and +they opened it, and let us in, and they uncovered her +face to let me see her, and I touched her; and looking +about for them they were gone, and I cannot say they +see her or touched her: Then Mr. Marson and they +were consulting how to send a great-coat to London, +and I directed them to a coachman at the Bell-inn; +but I did not hear he went to enquire after the coachman; +then they went to your lordship's chamber, +and I went home; and about eleven o'clock I saw<span class="pagenum"><a name="Page_174" id="Page_174">[Pg 174]</a></span> +Mr. Marson and Mr. Stephens coming down with +Mr. Spencer Cowper.</p> + +<p><span class="smcap">Marson</span>—I did not go out that night after I came in.</p> + +<p><span class="smcap">Jones</span>—No; we agree that. Did you see Mr. +Cowper and these gentlemen together?</p> + +<p><span class="smcap">J. Gurrey</span>—Only at eleven o'clock on Tuesday +noon, Mr. Cowper, Mr. Marson, and Mr. Stephens +were coming down to the market place.</p> + +<p><span class="smcap">Jones</span>—Did not they take their leave of you when +they went away from you that forenoon?</p> + +<p><span class="smcap">J. Gurrey</span>—No; only in the morning they told me +they would send me word at noon if they intended +to lodge there.</p> + +<p><span class="smcap">Marson</span>—I desire to know of Mr. Gurrey, if his +sister was not in the room when we came in?</p> + +<p><span class="smcap">J. Gurrey</span>—She was in our house that day; but +whether when they came in I cannot tell.</p> + +<p><span class="smcap">Cowper</span>—Pray, have you not had some discourse +with your sister, the widow Davis, concerning some +suspicion that you had of Sarah Walker, that hath +been produced as a witness?</p> + +<p><span class="smcap">J. Gurrey</span>—I do not remember any such.</p> + +<p><span class="smcap">Cowper</span>—Then did not you say these words, We +must not concern ourselves with Sarah Walker, for +she is the only witness against the Cowpers?</p> + +<p><span class="smcap">J. Gurrey</span>—I cannot remember any such thing.</p> + +<p><span class="smcap">Hatsell, Baron</span>—You may answer according to +the best of what you remember; if you say you have +forgot when you have not, you are forsworn.</p> + +<p><span class="smcap">Cowper</span>—If your lordship pleases to give leave to +Mr. Gurrey to recollect himself, I ask him, Whether +he did not talk with his sister Davis about some +suspicion his wife and he had about Sarah Walker, +the maid-servant of the deceased?<span class="pagenum"><a name="Page_175" id="Page_175">[Pg 175]</a></span></p> + +<p><span class="smcap">J. Gurrey</span>—I believe there might be some talk of +a person that was seen to go into the churchyard at +some distance with Sarah Walker.</p> + +<p><span class="smcap">Cowper</span>—Did your wife say that she did suspect +that person?</p> + +<p><span class="smcap">J. Gurrey</span>—Yes.</p> + +<p><span class="smcap">Cowper</span>—Did your wife say they behaved themselves +strangely, and that she would have persuaded +the widow Blewit to have watched her?</p> + +<p><span class="smcap">J. Gurrey</span>—There was something of that.</p> + +<p><span class="smcap">Cowper</span>—Was there not some such words, that +they must not meddle with Sarah Walker, for she +is the witness against the Cowpers?</p> + +<p><span class="smcap">J. Gurrey</span>—I said, Do not concern yourself with +Sarah Walker, for fear of taking off her evidence.</p> + +<p><span class="smcap">Cowper</span>—Pray did not the widow Davis warm the +sheets for these gentlemen?</p> + +<p><span class="smcap">J. Gurrey</span>—She was with my wife, but I cannot +say whether she warmed the sheets.</p> + +<p><span class="smcap">Cowper</span>—When they came home, had you any +lodgers that wanted to come home? Had not you +one Gape?</p> + +<p><span class="smcap">J. Gurrey</span>—I cannot say whether he was in before +or after them.</p> + +<p><span class="smcap">Cowper</span>—Did not you say to your sister Davis, +Now these gentlemen are in bed, if Mr. Gape would +come home, our family would be quiet?</p> + +<p><span class="smcap">J. Gurrey</span>—I do not remember that.</p> + +<p><span class="smcap">Cowper</span>—Pray, did not you go to look for Mr. Gape?</p> + +<p><span class="smcap">J. Gurrey</span>—Yes, I went to Hockley's.</p> + +<p><span class="smcap">Cowper</span>—Who did you employ to speak to Mr. +Gape?</p> + +<p><span class="smcap">J. Gurrey</span>—Mrs. Hockley.</p> + +<p><span class="smcap">Cowper</span>—When you came home to your own house,<span class="pagenum"><a name="Page_176" id="Page_176">[Pg 176]</a></span> +and after you had been at Hockley's to speak with +Mr. Gape, what account did you give of the time of +night, and other particulars?</p> + +<p><span class="smcap">J. Gurrey</span>—I gave no account of the time.</p> + +<p><span class="smcap">Cowper</span>—Not to Mrs. Davis?</p> + +<p><span class="smcap">J. Gurrey</span>—I cannot tell whether I did or no.</p> + +<p><span class="smcap">Cowper</span>—Did not you say, Mr. Gape asked Mrs. +Hockley what a-clock it was?</p> + +<p><span class="smcap">J. Gurrey</span>—No, I do not remember that; but +Mrs. Hockley went in, and told him what time of +night it was; it was eleven or twelve of the clock, +which I cannot say.</p> + +<p><span class="smcap">Jones</span>—Call Martha Gurrey. (Who was sworn.) +Which of these gentlemen do you know?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—Mr. Marson, Mr. Rogers, and Mr. +Stephens.</p> + +<p><span class="smcap">Jones</span>—What time of the night was it when they +came to your house? give an account of it, and what +you heard them say.</p> + +<p><span class="smcap">Mrs. Gurrey</span>—It was a little after five, or thereabouts +that they came.</p> + +<p><span class="smcap">Jones</span>—Who came?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—Mr. Stephens, and Mr. Rogers, and +there was one Mr. Gilbert, that married a first cousin +of mine; he came and asked me for my husband; and +I asked him his business, and he said he wanted to +speak to him.</p> + +<p><span class="smcap">Jones</span>—Pray come to these men; when did they +come to your house?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—They hired the lodging at five of +the clock. When they first came to see them I was +not at home; Mr. Gilbert brought them, and as I was +coming along the street I saw Mr. Gilbert walking off, +and would not look at me.<span class="pagenum"><a name="Page_177" id="Page_177">[Pg 177]</a></span></p> + +<p><span class="smcap">Jones</span>—When did they go out?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—They never staid there.</p> + +<p><span class="smcap">Jones</span>—When did they come in again?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—Between eleven and twelve.</p> + +<p><span class="smcap">Hatsell, Baron</span>—What did they do when they +came again?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—I was laying on some sheets two +pairs of stairs when they came, and then there was +three of them; so they saw me a little after, and +begged my excuse for bringing in another, for they +said it was so late that they could not get a lodging +any where else: and said, if I thought fit, the gentleman +should lie with them: And I told them I liked +it very well.</p> + +<p><span class="smcap">Jones</span>—What firing had they?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—The firing I laid on in the morning, +and they sent for my husband to fetch them some +wine.</p> + +<p><span class="smcap">Jones</span>—What did you hear them talk on?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—They discoursed with my husband, +and asked him if he knew Mrs. Sarah Stout; and one +of them said to Mr. Marson, I think she was an old +sweetheart of yours; Ay, said he, but she turned me +off, but a friend of mine is even with her: And Mr. +Rogers said he was in with her; and afterwards said, +her business was done. They had a bundle, that was +wrapt up in pure white cloth, like to an apron, but +I cannot say it was an apron; and there was a parcel +hanging loose by it; and when he laid it down he said, +he would pass his word Mrs. Sarah Stout's courting +days were over; and I said, I hoped it was no hurt +to the gentlewoman; and then I looking upon Mr. +Marson, saw him put his peruke aside, and his head +reeked, and he told them he was but just come from<span class="pagenum"><a name="Page_178" id="Page_178">[Pg 178]</a></span> +London that night, which made him disappointed of +a lodging.</p> + +<p><span class="smcap">Jones</span>—What did you hear them say about any +money?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—I asked them how they would have +their bed warmed? And Mr. Marson answered, very +hot: With that I went down to send my daughter up, +and she could not go presently; I told her then she +must go as soon as she could.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Pray, do not tell us what passed +between you and your daughter: What do you know +of these gentlemen?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—I went to the next room, to see if +every thing was as it should be; I hearkened, and +they had some discourse about money, and I heard +somebody (I do not know who it should be except it +were Mr. Stephens) answer and say, the use money +was paid to-night; but what money they meant I +cannot tell.</p> + +<p><span class="smcap">Jones</span>—What did you find when they were gone?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—Sir, I found a cord at the end of the +trunk.</p> + +<p><span class="smcap">Jones</span>—Was it there in the morning, or before they +came?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—No, it could not have been, for I +swept my room, and wiped down the dust.</p> + +<p><span class="smcap">Jones</span>—Was the cord white?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—No, it was more dirty than it is +now, for my husband and I have worn it in our +pockets.</p> + +<p><span class="smcap">Cowper</span>—Pray, who brought the cord down from +above stairs?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—My daughter that lived with me, +and she laid it upon the shelf.<span class="pagenum"><a name="Page_179" id="Page_179">[Pg 179]</a></span></p> + +<p><span class="smcap">Cowper</span>—Did not you hear there was a coroner's +inquest sitting?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—The next day at night I did hear +of it.</p> + +<p><span class="smcap">Cowper</span>—Why did not you go to the coroner's +inquest and give an account of it there?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—I told my husband of it, and I asked +my husband if he did not hear what they said concerning +Mrs. Sarah Stout? And he answered, yes, +they ought to be taken up for the words they said +last night: Why, saith I, do not you take notice +of it? I think you ought to take them up. But he +went out of doors, and I saw no more of him till the +afternoon. When I heard the words, I thought somebody +had stole away and got to bed to her.</p> + +<p><span class="smcap">Cowper</span>—Pray, if your husband heard these words, +why did not he go to the coroner's inquest?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—I did speak to him to have them +taken up.</p> + +<p><span class="smcap">Cowper</span>—Why did he not do it?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—He said he would not do it, he did +not know but it might cost him his life.</p> + +<p><span class="smcap">Jones</span>—How came you after this to discover it?</p> + +<p><span class="smcap">Mrs. Gurrey</span>—Because I was so troubled in mind +I could not rest night nor day; and I told him if he +would not tell of it, I would tell of it myself, for I was +not able to live.</p></div> + +<p class="center"><i>Elizabeth Gurrey was sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—Pray, do you know Mr. Rogers, Mr. +Stephens, and Mr. Marson?</p> + +<p><span class="smcap">E. Gurrey</span>—I know Mr. Marson, and these are the +other gentlemen, I reckon.</p> + +<p><span class="smcap">Jones</span>—What discourse did you hear from them?<span class="pagenum"><a name="Page_180" id="Page_180">[Pg 180]</a></span></p> + +<p><span class="smcap">E. Gurrey</span>—Mr. Marson asked the other gentlemen +how much money they had spent? the other +answered, what was that to him? you have had forty +or fifty pounds to your share. Then the other asked +him, whether the business was done? And he answered, +he believed it was; but if it was not done, it +would be done to-night. Then, my lord, he pulled +a handful of money out of his pocket, and swore he +would spend it all for joy the business was done.</p> + +<p><span class="smcap">Jones</span>—Was Mr. Cowper's name mentioned?</p> + +<p><span class="smcap">E. Gurrey</span>—I heard them mention Mr. Cowper's +name, but not Mrs. Sarah Stout's.</p> + +<p><span class="smcap">Jones</span>—What condition was the gentleman's shoes +in?</p> + +<p><span class="smcap">E. Gurrey</span>—I think it was Mr. Marson, his shoes +were very wet and dirty; one of them was very hot, +and he wiped his head with his handkerchief.</p> + +<p><span class="smcap">Jones</span>—Now, my lord, we have done as to our +evidence. Mr. Marson pretended he was just then +alighted and come from London, and was in a great +heat, and his shoes were wet: for when he was +examined, he said, he came to town about eight of +the clock, and went to the Glove and Dolphin inn, +and stayed there till he came to his lodging. Now it +was a wonderful thing that he should come wet shod +from a tavern, where he had been sitting four or five +hours together.</p></div> + +<p class="center"><i>Then the Examination of Mr. John Marson was read</i>:</p> + +<div class="blockletter"><p class="center">The Examination of <span class="smcap">John Marson</span>, taken before +me, this 27th day of April, 1692.</p> + +<p>'Who being examined where he was on Monday +the 13th of March last, saith, That he was at the +borough of Southwark (he being an attorney of the<span class="pagenum"><a name="Page_181" id="Page_181">[Pg 181]</a></span> +said court) till past 4 of the clock in the afternoon; +and saith, that he set out from Southwark for Hertford +soon after, and came to Hertford about eight the same +afternoon, and put up his horse at the sign of , +an inn there, and then went to the Hand and +Glove, together with Godfrey Gimbart, esq., Ellis +Stephens, William Rogers, and some others, where +they stayed till about eleven of the clock at night, +and then this examinant went thence directly to the +house of John Gurrey, with the said Stephens and +Rogers, who lay together in the said Gurrey's house +all that night. And being asked what he said concerning +the said Mrs. Sarah Stout, deceased, this +examinant saith, that on Sunday the 12th of March +last, this examinant being in company with one +Thomas Marshall, and telling him that this examinant +intended the next day for Hertford, with the marshal +of the King's Bench, the said Thomas Marshall desired +this examinant and the said Stephens, who was then +also in company, that they would go and see the said +Sarah Stout (his sweetheart). He confesseth, that +he did ask the said Gurrey, if he would shew this +examinant where the said Stout lived; telling the +said Gurrey that his name was Marshall, and asked +him if he never heard of him before; and jocularly +said, that he would go and see her the next morning, +but doth not believe that he said any thing that any +friend was even with the said Sarah Stout, or to such +like effect. And doth confess, that he did the next +day, upon the said Gurrey's telling him that the said +Stout was drowned, say, that he would keep his word, +and would see her. And saith, that meeting with +Mr. Cowper (who is this examinant's acquaintance) +he believes he did talk with him concerning the said<span class="pagenum"><a name="Page_182" id="Page_182">[Pg 182]</a></span> +Stout's being drowned, this examinant having seen +her body that morning.</p> + +<p class="ralign indentr"><span class="smcap">John Marson.</span></p> + +<p class="indentpresig">'<i>Cogn. Die et Anno antedict.</i></p> +<p class="indentsig"><i>Coram J. Holt.</i>'</p></div> + +<div class="blockquot"><p><span class="smcap">Jones</span>—All that I observe from it, is this: That he +had been five hours in town, and when he came to his +lodging, he came in wet and hot, and said he was just +come from London.</p> + +<p><span class="smcap">Marson</span>—I had rid forty miles that day, and could +not be soon cold.</p> + +<p><span class="smcap">Hatsell, Baron</span>—They have done now for the king; +come, Mr. Cowper, what do you say to it?</p> + +<p><span class="smcap">Jones</span>—If your lordship please, we will call one +witness more, Mary Richardson. Mrs. Richardson, +do you know Mr. Marson, or any of these gentlemen?</p> + +<p><span class="smcap">Mrs. Richardson</span>—They came on Tuesday night to +the Bell at Hoddesdon, and lay there, and one of the +gentlemen, when I was warming the sheets, asked me +if I knew Mrs. Sarah Stout? And I said Yes. He +asked me if I knew which way she came to her end? +And I told him I could not tell.</p> + +<p><span class="smcap">Jones</span>—Is that all? What did they say more?</p> + +<p><span class="smcap">Mrs. Richardson</span>—They did desire and wish it +might be found out how it came about; and one +gentleman took no notice of her at all. They had a +little bundle, but what was in it I cannot tell, but +there I saw it bound up in some coloured stuff or +other, but what it was I cannot tell.</p> + +<p><span class="smcap">Jones</span>—Is that all you can say?</p> + +<p><span class="smcap">Mrs. Richardson</span>—Yes, that is all.</p> + +<p><span class="smcap">Jones</span>—Then we have done.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Come, Mr. Cowper, what do you +say to it?<span class="pagenum"><a name="Page_183" id="Page_183">[Pg 183]</a></span></p> + +<p><span class="smcap">Cowper</span>—Now they have done on the part of the +king, my lord, and you gentlemen of the jury, I must +beg your patience for my defence. I confess it was an +unfortunate accident for me (as Mr. Jones calls it) +that I happened to be the last person (for aught +appears) in the company of a melancholy woman. +The discourse occasioned by this accident had been a +sufficient misfortune to me, without any thing else to +aggravate it; but I did not in the least imagine that +so little, so trivial an evidence as here is, could +possibly have affected me to so great a degree, as to +bring me to this place to answer for the worst fact +that the worst of men can be guilty of.</p> + +<p>My lord, your lordship did just now observe, that I +have appeared at the bar for my clients; but I must +say too, that I never appeared for myself under this, +or the like circumstances, as a criminal, for any offence +whatsoever.</p></div> + +<p>He then goes on to point out that there is +no positive evidence against him, but only +suppositions and inferences—what to-day would +be called circumstantial evidence; and that even +admitting the evidence of the prosecution, it is +as strong to show that the deceased woman was +not murdered as that she was. Even if the +evidence proved that Mrs. Stout was murdered, +there was nothing to show that he or his fellow-prisoners +were guilty of the murder. The body +was not floating when it was found, as could be +shown by the parish officers who were employed +by the coroner to take it out of the water. It +in fact had sunk, and had then been carried by<span class="pagenum"><a name="Page_184" id="Page_184">[Pg 184]</a></span> +the force of the stream sideways up the stakes +which were about a foot apart pointing down +stream; and yet the alleged fact that the body +was floating was the only evidence produced +to prove that the woman was not drowned. +Evidence would be given to prove that the fact +that the body contained little or no water was +immaterial, for drowning takes place when only +a very little water is received into the lungs; +and in a case of suicide it is probable that water +would enter the lungs sooner than it would in +cases of accident. As to the evidence derived +from the examination of the body after exhumation, +it ought not to have been given, as the +exhumation was itself an offence; 'but as it is +I have no reason to apprehend it, being able to +make it appear that the gentlemen who spoke +to this point have delivered themselves in that +manner either out of extreme malice, or a most +profound ignorance; this will be so very plain +upon my evidence, that I must take the liberty +to impute one or both of these causes to the +gentlemen that have argued from their observations +upon that matter.'</p> + +<p>It had been suggested that he had an interest +in the death of the deceased by reason of holding +money of hers which he had received as her +trustee or guardian. He had been concerned +in investing some £200 in a mortgage for the +deceased the previous December; he had paid<span class="pagenum"><a name="Page_185" id="Page_185">[Pg 185]</a></span> +over this money to the mortgagees, and the +mortgage had been found by the prosecutors +among the papers of the deceased after her +death. This was the only money transaction he +had ever had with her. The prosecution had +proved that there was no concealment of shame +to induce him to murder her; and that, though +they had no inclination to favour him.</p> + +<p>He would produce evidence to show that the +dead woman committed suicide, though he only +did so most unwillingly and under compulsion. +The prosecution had shown that she was melancholy, +and he could show that she had reason +for making away with herself. This he would +do by producing letters of hers, which were he +alone concerned he would not allude to; but +as he was in honour bound to make the best +defence he could for his fellow-prisoners, he had +no choice in the matter.</p> + +<p>The maid Walker was the only person who +gave any direct evidence against him, and she +said that she heard the door shut at a quarter +past eleven, and that on going downstairs +directly afterwards she found that both he and +the deceased had left the house. But he would +prove that he had entered the Glove Inn as the +town clock struck eleven, that he had stayed +there a quarter of an hour, that after he had +done several things at his lodgings he had gone +to bed by twelve, and had not gone out again<span class="pagenum"><a name="Page_186" id="Page_186">[Pg 186]</a></span> +that night. He had sent to fetch his horse from +Mrs. Stout's house on Tuesday morning, as was +only prudent, but he had told the man whom he +sent that he would not want it till the next day, +when he was going into Essex with the rest of +the circuit, which he did.</p> + +<p>He had not heard that his name was connected +with Mrs. Stout's death till two months +after the event; and the prosecution had in +fact been set on foot by the Quakers, who +were scandalised at the idea of one of their +number committing suicide, and the political +opponents of his father and brother in the town.</p> + +<p>Cowper went on to explain that he always had +the offer of a share in his brother's lodgings, +which were some of the best in the town, whenever +the latter went circuit, 'which out of good +husbandry I always accepted.' At the time of +the last circuit, when the present case arose, +Parliament was sitting, and his brother 'being +in the money chair,' could not attend. As +Cowper had been invited to lodge with Mrs. +Stout during the assizes and wished to accept +the invitation, he asked his brother to ask Barefoot, +the keeper of his lodgings, to dispose of +them if he could. The brother said he would do so +'if he could think on it,' and accordingly Cowper +went down to Hertford intending to lodge with +Mrs. Stout unless his brother had failed to write +to Barefoot. On arriving at Hertford he found<span class="pagenum"><a name="Page_187" id="Page_187">[Pg 187]</a></span> +that his brother had not written to Barefoot, and +that the rooms there were ready for him. He +accordingly stayed there, sent to the coffee-house +for his bag, and took up his lodging at Barefoot's +as usual. As soon as he had done this, the maid +Walker came round from Mrs. Stout's to invite +him to dinner there. He accepted the invitation, +and also a further invitation to come again in +the evening; but he did not agree to sleep there. +When he came the second time he paid the +deceased the interest on her mortgage, some six +pounds odd, in guineas and half-guineas, which +money was found in her pocket after she was +drowned. He wrote a receipt for the money, +which she refused to sign; she pressed him to +stay there that night, which he refused to do.</p> + +<p>He then went on:—</p> + +<div class="blockquot"><p>'My lord, I open my defence shortly, referring the +particulars to the witnesses themselves, in calling +those who will fully refute the suppositions and +inferences made by the prosecutor, whom first, my +lord, I shall begin with, to show there is no evidence +of any murder at all committed; and this I say again, +ought to be indisputably made manifest and proved, +before any man can be so much as suspected for it.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Do not flourish too much, Mr. +Cowper; if you have opened all your evidence, call +your witnesses, and when they have ended, then make +your observations.</p> + +<p><span class="smcap">Mr. Cowper</span>—Then, my lord, I will take up no +more of your time in opening this matter. Call<span class="pagenum"><a name="Page_188" id="Page_188">[Pg 188]</a></span> +Robert Dew. (Who appeared.) When Mrs. Sarah +Stout drowned herself, was not you a parish officer?</p> + +<p><span class="smcap">Dew</span>—I was. I was next house to the Coach and +Horses; and about six o'clock came a little boy +(Thomas Parker's boy), and said there was a woman +fallen into the river. I considered it was not my +business, but the coroner's, and I sent the boy to the +coroner, to acquaint him with it, and the coroner sent +word by the boy, and desired she might be taken +out; so I went to the river, and saw her taken out: +she lay in the river (as near as I could guess) half a +foot in the water; she was covered with water; she +had a striped petticoat on, but nothing could be seen +of it above water. I heaved her up, and several +sticks were underneath her, and flags; and when +they took her out, she frothed at the nose and mouth.</p> + +<p><span class="smcap">Cowper</span>—How was she? Was she driven between +the stakes?</p> + +<p><span class="smcap">Dew</span>—She lay on the right side, her head leaning +rather downwards: and as they pulled her up, I +cried, 'Hold, hold, hold, you hurt her arm'; and so +they kneeled down and took her arm from the stakes.</p> + +<p><span class="smcap">Cowper</span>—Did you see any spot upon her arm?</p> + +<p><span class="smcap">Dew</span>—Yes, sir.</p> + +<p><span class="smcap">Cowper</span>—What sort of spot was it?</p> + +<p><span class="smcap">Dew</span>—It was reddish; I believe the stakes did it; +for her arm hit upon the stake where she lay.</p> + +<p><span class="smcap">Cowper</span>—Pray, how do these stakes stand about the +bridge of the mill?</p> + +<p><span class="smcap">Dew</span>—I suppose they stand about a foot asunder; +they stand slanting, leaning down the stream a little.</p> + +<p><span class="smcap">Cowper</span>—Could you discern her feet?</p> + +<p><span class="smcap">Dew</span>—No, nothing like it, nor the striped petticoat +she had on.<span class="pagenum"><a name="Page_189" id="Page_189">[Pg 189]</a></span></p> + +<p><span class="smcap">Cowper</span>—Might not her knees and legs be upon the +ground, for what you could see?</p> + +<p><span class="smcap">Dew</span>—Truly, if I were put upon my oath whether +they were so, or not, I durst not swear it; sometimes +the water there is four feet, sometimes three and a-half; +I believe her feet were very near the bottom.</p> + +<p><span class="smcap">Cowper</span>—Are not the stakes nailed with their head +against the bridge?</p> + +<p><span class="smcap">Dew</span>—They are nailed to the side of the bridge.</p> + +<p><span class="smcap">Cowper</span>—Pray, describe the manner in which they +took her up.</p> + +<p><span class="smcap">Dew</span>—They stooped down, and took her up.</p> + +<p><span class="smcap">Cowper</span>—Did they take her up at once?</p> + +<p><span class="smcap">Dew</span>—They had two heavings, or more.</p> + +<p><span class="smcap">Cowper</span>—What was the reason they did not take +her up at once?</p> + +<p><span class="smcap">Dew</span>—Because I cried out, 'They hurt her arm.'</p> + +<p><span class="smcap">Cowper</span>—Was she not within the stakes?</p> + +<p><span class="smcap">Dew</span>—No, this shoulder kept her out.</p> + +<p><span class="smcap">Cowper</span>—When you complained they hurt her arm, +what answer did they make you?</p> + +<p><span class="smcap">Dew</span>—They stooped down and took her arm out from +between the stakes; they could not have got her out else.</p> + +<p><span class="smcap">Cowper</span>—After she was taken out, did you observe +any froth or foam come from her mouth or nose?</p> + +<p><span class="smcap">Dew</span>—There was a white froth came from her, and +as they wiped it away, it was on again presently.</p> + +<p><span class="smcap">Cowper</span>—What was the appearance of her face and +upper parts at that time?</p> + +<p><span class="smcap">Dew</span>—She was so much disfigured, I believe that +scarce any of her neighbours knew her, the slime of +the water being upon her.</p> + +<p><span class="smcap">Cowper</span>—Did you see her maid Sarah Walker at +that time?<span class="pagenum"><a name="Page_190" id="Page_190">[Pg 190]</a></span></p> + +<p><span class="smcap">Dew</span>—No.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Mr. Cowper, do you intend to +spend so much time with every witness? I do not +see to what purpose many of these questions are asked.</p> + +<p><span class="smcap">Cowper</span>—I have done with him: call Young.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Mr. Cowper, I would not have +you straiten yourself, but only ask those questions +that are pertinent.</p> + +<p><span class="smcap">Cowper</span>—Pray, give an account of what you know +of the matter.</p> + +<p><span class="smcap">Young</span>—On Tuesday morning between five and six +o'clock, last assizes——</p> + +<p><span class="smcap">Cowper</span>—What officer did you say?</p> + +<p><span class="smcap">Young</span>—I was constable.</p> + +<p><span class="smcap">Cowper</span>—Was you employed by the coroner?</p> + +<p><span class="smcap">Young</span>—Not by him in person. Between five and +six o'clock some of the men that came into my yard +to work, told me a woman was drowned at the mill; I +staid a little and went down to see, and when I came +there, I saw a woman, as they had told me, and I saw +part of her coat lie on the top of the water to be seen, +and I looked strictly and nicely within the bridge and +saw the face of a woman, and her left arm was on +the outside the stakes, which I believe kept her from +going through; so I looked upon her very wishfully, +and was going back again; and as I came back I met +with R. Dew and two of my neighbours, and they +asked me to go back with them, and said they were +going to take her up; and being constable, I told +them I thought it was not proper to do it, and they +said they had orders for it; so I being constable went +back with them, and when I came there I found her +in the same posture as before; we viewed her very +wishfully; her coat that was driven near the stakes<span class="pagenum"><a name="Page_191" id="Page_191">[Pg 191]</a></span> +was seen, but none of her coats, or her legs; and +after we had looked a little while upon her, we spake +to Dell and Ulse to take her up, and one of them took +hold of her coat till he brought her above water; and +as her arm drew up, I saw a black place, and she laid +sideway, that he could not take her up till they had let +her down again, and so they twisted her out sideway; +for the stakes were so near together that she could +not lie upon her belly, or upon her back; and when +they had taken her up, they laid her down upon a +green place, and after she was laid down, a great +quantity of froth (like the froth of new beer) worked +out of her nostrils.</p> + +<p><span class="smcap">Hatsell, Baron</span>—How much do you call a great +quantity?</p> + +<p><span class="smcap">Young</span>—It rose up in bladders, and run down on +the sides of her face, and so rose again; and seeing +her look like a gentlewoman, we desired one Ulse to +search her pockets, to see if there were any letters, +that we might know who she was; so the woman did, +and I believe there was twenty or more of us that knew +her very well when she was alive, and not one of us +knew her then; and the woman searched her pockets, +and took out six guineas, ten shillings, three pence +halfpenny, and some other things; and after that I +desired some of my neighbours to go with me and tell +the money; for when it came to be known who she +was, I knew we must give an account on it, and I laid +it upon a block and told it, and they tyed it up in a +handkerchief, and I said I would keep the money, +and they should seal it up to prevent any question +about it; and during all this while of discourse, and +sealing up the money, the froth still worked out +of her mouth.<span class="pagenum"><a name="Page_192" id="Page_192">[Pg 192]</a></span></p> + +<p><span class="smcap">Cowper</span>—Have you measured the depth of the +water? What depth is it there?</p> + +<p><span class="smcap">Young</span>—I measured the water this morning, and it +was so high that it ran over the floodgate, and the +height of it was about four foot two inches; but +sometimes it is pent up to a greater height than it is +to-day.</p> + +<p><span class="smcap">Cowper</span>—Was it higher to-day than when the body +was found?</p> + +<p><span class="smcap">Young</span>—To the best of my remembrance, it was as +high to-day as it was then.</p> + +<p><span class="smcap">Cowper</span>—Was any part of the body above water?</p> + +<p><span class="smcap">Young</span>—No, nor nothing like the body could be seen.</p> + +<p><span class="smcap">Cowper</span>—Could you see where her legs lay?</p> + +<p><span class="smcap">Young</span>—No, nor nothing but her upper coats, which +were driven against the stakes.</p> + +<p><span class="smcap">Cowper</span>—Pray give an account how long she lay +there, and when she was conveyed away?</p> + +<p><span class="smcap">Young</span>—I stayed a quarter of an hour, and then I +went and sealed up the money at my own house, so +that I did not see her removed.</p> + +<p><span class="smcap">Jones</span>—Was anybody there besides yourself at this +time?</p> + +<p><span class="smcap">Young</span>—Yes; twenty people at the least.</p> + +<p><span class="smcap">Jones</span>—Now here is ten of them that have sworn +that the body was above the surface of the water.</p> + +<p><span class="smcap">Hatsell, Baron</span>—No, her cloaths, they say, were, +but the body was something under the water.</p> + +<p><span class="smcap">Cowper</span>—Now I will trouble your lordship no more +with that fact, but I will give you an account of the +coroner's inquest, how diligent they were in their +proceedings, and produce a copy of the inquisition +itself, that she was found to have drowned herself.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Mr. Cowper, that is no evidence<span class="pagenum"><a name="Page_193" id="Page_193">[Pg 193]</a></span> +if it be produced in order to contradict what these +witnesses have said, that have been examined for the +king; but if you will prove that they have sworn +otherwise before the coroner than they now do, then +you say something, otherwise the coroner's inquest +signifies nothing as to the present question.</p> + +<p><span class="smcap">Cowper</span>—Call Thomas Wall. I am loth to be +troublesome; but, if you please to favour me, I +desire to know of them whether they do admit there +was an inquisition, and that she was found <i>non compos +mentis</i> and did kill herself.</p> + +<p><span class="smcap">Jones</span>—We do admit it.</p> + +<p><span class="smcap">Juryman</span>—We desire it may be read.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Why, will not you believe what +they agree to on both sides?</p> + +<p><span class="smcap">Juryman</span>—If they do agree so, I am satisfied.</p></div> + +<p><i>Wall</i> was one of the coroner's jury, and saw +the marks on the body which he described; Mr. +Camlin and the younger Dimsdale were requested +to examine them, which they did, and reported +that they were no more than were usual in such +cases. Wall refreshed his memory from his +notes, and said that Sarah Walker had said that +it was about eleven when she had taken the +coals up to warm Cowper's bed, but she could +not say when it was that Cowper went out, for +she took up some more coals, and then tarried +a little, and then went down and found that +Cowper and her mistress had gone out.</p> + +<div class="blockquot"><p><span class="smcap">Hatsell, Baron</span>—The woman said the same thing.</p> + +<p><span class="smcap">Cowper</span>—It is necessary in this particular as to time.<span class="pagenum"><a name="Page_194" id="Page_194">[Pg 194]</a></span></p> + +<p><span class="smcap">Hatsell, Baron</span>—She told you the clocks did differ.</p></div> + +<p><i>Bowden</i> and <i>Shute</i> gave evidence as to the finding +of the body and as to its state when found, +corroborating the other witnesses.</p> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—My lord, I am very tender how I take up +your lordship's time, and therefore I will not trouble +you with any more witnesses on this head; but with +your lordship's leave I will proceed to call some +physicians of note and eminence, to confront the +learning of the gentlemen on the other side.</p></div> + +<p><i>Dr. Sloane</i><a name="FNanchor_48_48" id="FNanchor_48_48"></a><a href="#Footnote_48_48" class="fnanchor">[48]</a> said he had not heard the other +witnesses very distinctly, because of the crowd; +but that cases of the present kind were very uncommon, +and that none of them had fallen under +his own knowledge. It was plain that a great +quantity of water might be swallowed without +suffocation;</p> + +<div class="blockquot"><p>drunkards, who swallow freely a great deal of liquor, +and those who are forced by the civil law to drink a +great quantity of water, which in giving the question<span class="pagenum"><a name="Page_195" id="Page_195">[Pg 195]</a></span> +(as it is called) is poured into them by way of torture +to make them confess crimes,<a name="FNanchor_49_49" id="FNanchor_49_49"></a><a href="#Footnote_49_49" class="fnanchor">[49]</a> have no suffocation or +drowning happen to them.</p> + +<p>But on the other hand, when any quantity comes +into the windpipe, so it does hinder or intercept the +inspiration, or coming in of the air, which is necessary +for the respiration, or breathing, the person is +suffocated. Such a small quantity will do, as sometimes +in prescriptions, when people have been very +weak, or forced to take medicines, I have observed +some spoonfuls in that condition (if it went the wrong +way) to have choaked or suffocated the person.</p></div> + +<p>He took drowning to be when water got +into the windpipe or lungs, and believed that +whether a person fell into the water alive or +dead, some quantity would find its way there. +He inclined to believe that the general condition +of the body was consistent with the woman +having been drowned.</p> + +<p><i>Dr. Garth</i> gave reasons for disagreeing with +the doctors called for the prosecution in considering +that the general state of the body proved +that the woman had not been drowned, pointing +out that it was as unnatural for a human body to +float on its side, as for a shilling to rest on its +edge, or for a deal board to float edgewise rather +than otherwise. In spite of what had been said +about the seamen, he believed that dead bodies +would generally sink.<span class="pagenum"><a name="Page_196" id="Page_196">[Pg 196]</a></span></p> + +<div class="blockquot"><p><span class="smcap">Hatsell, Baron</span>—But you do not observe my +question; the seamen said that those that die at sea +and are thrown overboard, if you do not tye a weight +to them, they will not sink; what say you to that?</p> + +<p><span class="smcap">Dr. Garth</span>—My lord, no doubt in this they are +mistaken. The seamen are a superstitious people, +they fancy that whistling at sea will occasion a +tempest. I must confess I have never seen anybody +thrown overboard, but I have tried some experiments +on other dead animals, and they will certainly sink; +we have tried this since we came here hither. Now, +my lord, I think we have reason to suspect the +seaman's evidence; for he saith that three-score pound +of iron is allowed to sink the dead bodies, whereas six +or seven pounds would do as well. I cannot think +the commissioners of the navy guilty of so ill husbandry; +but the design of tying weights to their +bodies, is to prevent their floating at all, which +otherwise would happen in some few days; therefore +what I say is this, that if these gentlemen had found +a cord, or the print of it, about the neck of this +unfortunate gentlewoman, or any wound that had +occasioned her death, they might then have said +something.</p></div> + +<p><i>Dr. Morley</i> was called, and supported the view +that a drowned body need not necessarily have +much water in it, and that it need not float. He +had tried experiments on two dogs the night +before; he drowned them both, and dissecting +one found no water in its stomach, while the +other sank to the bottom of the water.</p> + +<p><i>Dr. Woollaston</i> and <i>Dr. Gelstrop</i> both gave<span class="pagenum"><a name="Page_197" id="Page_197">[Pg 197]</a></span> +evidence to the same effect as the preceding +witnesses.</p> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—Now, my lord, I would call Mr. William +Cowper; and because of his name, I must acquaint +your lordship that he is not at all acquainted with me, +though I should be proud to own him if he were so; +he is a man of great learning, and I believe, most +people admit him to be the best anatomist in Europe. +Mr. Cowper, will you give your opinion of this +matter?</p></div> + +<p><i>Mr. W. Cowper</i><a name="FNanchor_50_50" id="FNanchor_50_50"></a><a href="#Footnote_50_50" class="fnanchor">[50]</a> accordingly, premising that +he would not only 'speak, from reason,' but give +an account of experiments, stated that the +symptoms described were consistent with drowning;</p> + +<div class="blockquot"><p>this is a truth that no man can deny who is acquainted +with any thing of this nature, that when the head +of an animal is under water, the first time it is obliged +to inspire (or draw in air) the water will necessarily +flow into its lungs, as the air would do if it were +out of the water; which quantity of water (if the +dimensions of the windpipe and its branches in the +lungs be considered), will not amount to three inches +square, which is about three ounces of water.</p></div> +<p><span class="pagenum"><a name="Page_198" id="Page_198">[Pg 198]</a></span></p> +<p>And this quantity of water would be sufficient +to cause suffocation, and after suffocation, swallowing +would become impossible. This he said, not +by way of conjecture or hypothesis, but as the +result of experiment.</p> + +<div class="blockquot"><p>I shall by the bye, tell you how fallacious the first +experiment was, when I proposed to satisfy myself +whether a dead body would float in water. It +happened that a spaniel, that had a great deal of long +hair was hanged for this purpose, which I found to +float on the surface of the water; but when I considered +that his hair might buoy him up, I caused +another dog, which had shorter and less hair, to be +hanged and put into the water, which (according to +what I had always conceived of the human body) sunk +directly to the bottom. In order to satisfy myself +what quantity of water was necessary to enter the +body of an animal, and cause suffocation in water, +I caused three dogs, when alive, to be suddenly +plunged under water till they were stifled; the result +was that about three ounces of water were found in +their lungs, and none in their stomachs. Dead bodies +generally sank; weights were attached to dead +bodies, not so much to make them sink at the time, as +to prevent them floating afterwards.</p> + +<p><span class="smcap">Cowper</span>—With your lordship's favour, I now think +it a proper time to make this observation. The +witnesses that have given evidence for the king do +say they believe she was not drowned; but they have +not pretended to say how she died otherwise.</p> + +<p><span class="smcap">Hatsell, Baron</span>—That is very true.</p></div> + +<p><i>Dr. Crell</i> was generally of the same opinion as<span class="pagenum"><a name="Page_199" id="Page_199">[Pg 199]</a></span> +that expressed by the last witness, and, in spite +of the suggestion of the judge that he should +confine his evidence to matters within his own +experience, quoted the opinion of Ambrose Parey +('who was chief surgeon to Francis the 1st, +employed by him in most of his sieges and +battles against emperor Charles the 5th, and +consequently must observe, and could not be +ignorant of such like casualties in such great +bodies of men'), as expressed in his chapter of +Renunciations, to the effect that the certain sign +of a man being drowned was an appearance of +froth about his nostrils and mouth. Altogether his +firm opinion was that the woman was drowned.</p> + +<p><i>Mr. Harriot</i>, who had been a surgeon in the +Fleet; and <i>Bartlet</i>, who had been in several naval +engagements, both swore that dead bodies when +thrown overboard sank at first, though they +floated again afterwards.</p> + +<p><i>Mr. Camlin</i> was called at the coroner's inquest, +and examined the body. He found certain marks +on the head and breast which Mr. Dimsdale said +were only the result of drowning; he had seen +more decided marks on the body of the child +that was drowned. He saw no indications that +Mrs. Stout had been strangled.</p> + +<div class="blockquot"><p><span class="smcap">Bowd</span>—It was much about this time twelvemonth +I had some business in London; and she [Mrs. +Stout] sent to me, to know when I should go to +London; and I waited upon her before I went, and<span class="pagenum"><a name="Page_200" id="Page_200">[Pg 200]</a></span> +she desired me to do some business for her; and when +I returned, I acquainted her with what I had done; +and sitting together in the hall, I asked her, what +is the matter with you? Said I, there is something +more than ordinary; you seem to be melancholy. +Saith she, you are come from London, and you have +heard something or other: said I, I believe you are +in love. In love! said she. Yes, said I, Cupid, that +little boy, hath struck you home: she took me by the +hand; Truly, said she, I must confess it; but I did +think I should never be guilty of such a folly: and +I answered again, I admire that should make you +uneasy; if the person be not of that fortune as you +are, you may, if you love him, make him happy and +yourself easy. That cannot be, saith she: the world +shall not say I change my religion for a husband. +And some time after I had been in London, having +bought some India goods, she came to my shop and +bought some of me for a gown, and afterwards she +came to pay me for it; and I asked her, How do you +like it? have you made it up? No, said she, and +I believe I shall never live to wear it.</p> + +<p><span class="smcap">Cowper</span>—Pray how long is it since?</p> + +<p><span class="smcap">Bowd</span>—It was about February or January before +her death. I asked her, why she did not come to my +house oftener She said, she had left off all company, +and applied herself to reading; and company was +indifferent to her.</p></div> + +<p>Several other witnesses were then called to +prove that they had recently seen the deceased +woman in a state of melancholy, and that she +had admitted that she was in love, though she +would not say with whom.<span class="pagenum"><a name="Page_201" id="Page_201">[Pg 201]</a></span></p> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—Mrs. Cowper, what do you know of Mrs. +Stout's melancholy?</p> + +<p><span class="smcap">Cowper</span>—My lord, this is my brother's wife.</p> + +<p><span class="smcap">Mrs. Cowper</span>—About spring was twelve month, +she came to London, and I believe it was not less +than once or twice a week I saw her; and I never +had an opportunity to be an hour alone with her +at any time, but I perceived something in her +melancholy. I have asked her the reason of it +several times, and sometimes she seemed to dislike +her profession, being a Quaker; and sometimes +she would say, that she was uneasy at something +that lay upon her spirits, which she should never +outlive; and that she should never be well while she +was in this world. Sometimes I have endeavoured to +persuade her out of it seriously, and sometimes by +raillery, and have said are you sure you shall be better +in another world? And particularly I remember I +have said to her, I believe you have Mr. Marshall in +your head: either have him, or do not trouble yourself +about him; make yourself easy either one way or +another; and she hath said no, in an indifferent way, +I cannot make myself easy: Then I have said, marry +him: no, saith she, I cannot. Sometimes with company +she would be diverted, and had frequently a way +of throwing her hands, and shewed great disturbance +and uneasiness. This time twelvemonth, at the +summer assizes, I was here six days, and I saw her +every day; and one time, among other discourse, she +told me she had received great disturbance from one +Theophilus, a waterman and a Quaker, who coming +down to old Mrs. Stout, that was then lame, she had +gathered about 20 or 30 people together to hear him +preach; and she said he directed his discourse to her,<span class="pagenum"><a name="Page_202" id="Page_202">[Pg 202]</a></span> +and exasperated her at the rate that she had thoughts +of seeing nobody again, and said, she took it heinously +ill to be so used, and particularly, that he had told +her that her mother's falling outwardly in the flesh +should be a warning that she did not fall inwardly; +and such 'canting stuff,' as she called it; and she +said, that Theophilus had so used her, that she was +ashamed to show her head. Another time, the same +week, she had a fever, and she said, she was in great +hopes it would end her days, and that she neglected +herself in doing those things that were necessary +for her health, in hopes it would carry her off, and +often wished herself dead. Another time, which I +think was the last time I saw her, it was at my sister's +lodgings, and I sent for her to drink a dish of tea +with us, and she came in a great toss and melancholy: +Said I, what is the matter? you are always in this +humour. Saith she, I cannot help it, I shall never +be otherwise. Saith my sister, for God's sake keep +such thoughts out of your head as you have had, do +not talk any more of throwing yourself out of window: +Saith she, I may thank God that ever I saw your face, +otherwise I had done it, but I cannot promise I shall +not do it.</p> + +<p><span class="smcap">Hatsell, Baron</span>—What is your name, madam?</p> + +<p><span class="smcap">Cowper</span>—It is my brother's wife, my lord. I desire +Mrs. Toller may give an account of what she knows +as to her being melancholy.</p> + +<p><span class="smcap">Mrs. Toller</span>—My lord, she was once to see me, and +she looked very melancholy, and I asked her what +was the matter? and she said, something had vexed +her that day; and I asked her the cause of it, and +she stopped a little while, and then said, she would +drown herself out of the way.<span class="pagenum"><a name="Page_203" id="Page_203">[Pg 203]</a></span></p> + +<p><span class="smcap">Hatsell, Baron</span>—How long ago was this?</p> + +<p><span class="smcap">Mrs. Toller</span>—About three quarters of a year +ago.</p> + +<p><span class="smcap">John Stout</span>—I desire to know whether she has +always said so, or not told another story.</p> + +<p><span class="smcap">Mrs. Toller</span>—I told you no story; it may be I did +not say so much to you, but I said she talked something +of drowning. I have been with her when Mr. +Cowper's conversation and name has been mentioned, +and she said she kept but little company; that sometimes +she went to Mrs. Low's, and that she kept none +but civil modest company, and that Mr. Cowper was +a civil modest gentleman, and that she had nothing to +say against him.</p> + +<p><span class="smcap">Cowper</span>—This is Mrs. Eliz. Toller, my lord.</p> + +<p><span class="smcap">Elizabeth Toller</span>—My lord, she came to see me +some time after Christmas, and seemed not so cheerful +as she used to be; said I, what is the matter? Why +are you not so merry as you used to be? Why do you +not come often to see me? Saith she, I do not think +to go abroad so much as I used to do, and said, it +would be as much a rarity to see her go abroad, as to +see the sun shine by night.</p> + +<p><span class="smcap">Cowper</span>—Mrs. Grub, what do you know concerning +Mrs. Stout's pulling out a letter at her brother, +Mr. John Stout's? Give an account of it, and what +she said upon that occasion.</p> + +<p><span class="smcap">Mrs. Grub</span>—I have a daughter that lives at +Guernsey, and she sent me a letter, and I prayed Mrs. +Sarah Stout to read the letter; and while she was +reading it I cried; saith she, why do you cry? said I, +because my child is so far off. Said she, if I live till +winter is over, I will go over the sea as far as I can +from the land.<span class="pagenum"><a name="Page_204" id="Page_204">[Pg 204]</a></span></p> + +<p><span class="smcap">Hatsell, Baron</span>—What was the occasion of her +saying so?</p> + +<p><span class="smcap">Mrs. Grub</span>—I was washing my master's study, Mrs. +Sarah Stout came in, and I had a letter from my +daughter at Guernsey, and I prayed Mrs. Sarah Stout +to read it, and she read my letter, and I cried, and +she asked me, why I cryed? Said I, because my child +is so far off: Saith she, if I live to winter, or till +winter is over, I will go over sea as far as I can from +the land.</p> + +<p><span class="smcap">Cowper</span>—Now, my lord, to bring this matter of +melancholy to the point of time, I will call one witness +more, who will speak of a remarkable instance that +happened on Saturday before the Monday when she +did destroy herself.</p> + +<p>Call Mr. Joseph Taylor. Pray will you inform the +court and jury of what you observed on Saturday +before the Monday on which Mrs. Stout destroyed +herself.</p> + +<p><span class="smcap">Joseph Taylor</span>—I happened to go in at Mr. Firmin's +shop, and there she sat the Saturday before this +accident happened, the former assizes, and I was +saying to her, Madam, I think you look strangely discontented; +I never saw you dressed so in my life: +Saith she, the dress will serve me as long as I shall +have occasion for a dress.</p> + +<p><span class="smcap">Cowper</span>—In what posture did she appear in the +shop?</p> + +<p><span class="smcap">Joseph Taylor</span>—She appeared to be very melancholy.</p> + +<p><span class="smcap">Cowper</span>—What part of her dress did you find fault +with?</p> + +<p><span class="smcap">Joseph Taylor</span>—It was her head cloaths.</p> + +<p><span class="smcap">Cowper</span>—What was the matter with them?<span class="pagenum"><a name="Page_205" id="Page_205">[Pg 205]</a></span></p> + +<p><span class="smcap">Joseph Taylor</span>—I thought her head was dawbed +with some kind of grease or charcoal.</p> + +<p><span class="smcap">Cowper</span>—What answer did she make?</p> + +<p><span class="smcap">Joseph Taylor</span>—She said, they would serve her time.</p> + +<p><span class="smcap">Cowper</span>—As to this piece of evidence, if your lordship +pleases, I desire it may be particularly taken +notice of; it was her head-dress that she said would +serve her time.</p> + +<p>Pray, Mr. Taylor, was you at Mr. Barefoot's when +I came there on Monday morning?</p> + +<p><span class="smcap">Joseph Taylor</span>—Yes; I went up stairs with you +into your chamber.</p> + +<p><span class="smcap">Cowper</span>—Pray, what did I say to Mr. Barefoot?</p> + +<p><span class="smcap">Joseph Taylor</span>—You asked him if they had received +a letter from your brother, and he said, No, not that +he knew of, but he would call his wife, and he did +call his wife, and asked her if she had received a letter, +and she said, No; then said you, I will take up this +lodging for mine; and accordingly you went up stairs, +and I went with you, and staid there about four times +as long as I have been here.</p> + +<p><span class="smcap">Cowper</span>—Are you very sure that I said, I would +take up my lodgings there?</p> + +<p><span class="smcap">Joseph Taylor</span>—Yes, I am very sure of it.</p> + +<p><span class="smcap">Hatsell, Baron</span>—What time of the day was it?</p> + +<p><span class="smcap">Joseph Taylor</span>—It was the fore part of the day; +while I was there, my lord, Mrs. Sarah Stout's maid +came to invite Mr. Cowper to her house to dinner.</p> + +<p><span class="smcap">Cowper</span>—Did you know anything of my sending to +the coffee-house?</p> + +<p><span class="smcap">Joseph Taylor</span>—You sent to the coffee-house for +your things.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Did Mr. Cowper use to lie at +Mrs. Barefoot's?<span class="pagenum"><a name="Page_206" id="Page_206">[Pg 206]</a></span></p> + +<p><span class="smcap">Joseph Taylor</span>—His brother did, but I do not +know whether this gentleman did, but at that time he +took up that place for his lodging; and said, it was +all one, my brother must pay for it, and therefore I +will take it up for myself.</p> + +<p><span class="smcap">Cowper</span>—Call Mrs. Barefoot and her maid.</p> + +<p>[But they not presently appearing,]</p> + +<p><span class="smcap">Cowper</span>—My lord, in the meantime I will go on to +the other part of my evidence, in opening of which I +shall be very short.</p> + +<p>My lord, my wife lodging at Hertford, occasioned +me frequently to come down. Mrs. Stout became +acquainted with her; When business was over in the +long vacation, I resided pretty much at Hertford, and +Mr. Marshall came down to pay me a visit, and this +introduced his knowledge of Mrs. Stout. When she +was first acquainted with him she received him with +a great deal of civility and kindness, which induced +him to make his addresses to her, as he did, by way +of courtship. It happened one evening that she and +one Mrs. Crook, Mr. Marshall and myself, were walking +together, and Mr. Marshall and Mrs. Crook going +some little way before us, she took this opportunity +to speak to me in such terms, I must confess, as +surprized me. Says she, Mr. Cowper, I did not think +you had been so dull. I was inquisitive to know in +what my dulness did consist. Why, says she, do you +imagine I intend to marry Mr. Marshall? I said I +thought she did, and that if she did not, she was much +to blame in what she had done: No, says she, I +thought it might serve to divert the censure of the +world, and favour our acquaintance. My lord, I have +some original letters under her own hand which will<span class="pagenum"><a name="Page_207" id="Page_207">[Pg 207]</a></span> +make this fully manifest; I will produce the letters +after I have called Mr. Marshall. Mr. Marshall.</p> + +<p><span class="smcap">Mr. Marshall</span>—If your lordship pleases, it was +in the long vacation I came down to spend a little +of my leisure time at Hertford; the reason of my +going thither was, because Mr. Cowper was there at +that time. The first night when I came down I found +Mrs. Sarah Stout visiting at Mr. Cowper's lodgings +and there I first came acquainted with her; and she +afterwards gave me frequent opportunities of improving +that acquaintance; and by the manner of my +reception by her, I had no reason to suspect the use +it seems I was designed for. When I came to town, +my lord, I was generally told of my courting Mrs. +Stout, which I confess was not then in my head; but it +being represented to me as a thing easy to be got over, +and believing the report of the world as to her fortune, +I did afterwards make my application to her; but +upon very little trial of that sort, I received a very +fair denial, and there ended my suit; Mr. Cowper +having been so friendly to me, as to give me notice of +some things, that convinced me I ought to be thankful +I had no more to do with her.</p> + +<p><span class="smcap">Hatsell, Baron</span>—When did she cast you off?</p> + +<p><span class="smcap">Mr. Marshall</span>—I cannot be positive as to the +time, my lord, but it was in answer to the only serious +letter I ever writ to her; as I remember, I was not +over importunate in this affair, for I never was a very +violent lover.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Well, but tell the time as near as +you can.</p> + +<p><span class="smcap">Mr. Marshall</span>—I believe it was a second or third +time I came down to Hertford, which is about a +year and a half since; and, during the whole of my<span class="pagenum"><a name="Page_208" id="Page_208">[Pg 208]</a></span> +acquaintance with her, I never till then found her +averse to any proposal of mine; but she then telling +me her resolution was not to comply with what I +desired, I took her at her word, having, partly by my +own observation, but more by Mr. Cowper's friendship, +been pretty well able to guess at her meaning.</p> + +<p><span class="smcap">Cowper</span>—Because what you say may stand confirmed +beyond contradiction, I desire you to say +whether you have any letters from her to yourself?</p> + +<p><span class="smcap">Mr. Marshall</span>—Yes, I have a letter in my hand +which she sent me, upon occasion of some songs I +sent her when I came to town, which she had before +desired of me; and this is a letter in answer to mine; +it is her hand-writing, and directed to me.</p> + +<p><span class="smcap">Hatsell, Baron</span>—How do you know it is her hand-writing?</p> + +<p><span class="smcap">Mr. Marshall</span>—I have seen her write, and seen +and received several letters from her.</p> + +<p><span class="smcap">Cowper</span>—Pray shew it Mr. Beale.</p> + +<p><span class="smcap">Mr. Beale</span>—I believe it to be her hand; I have +seen her write, and have a receipt of hers.</p> + +<p><span class="smcap">Clerk of Arraigns</span>—It is directed to Mr. Thomas +Marshall at Lyons-inn, and dated Sept. 26, 1697.</p></div> + +<div class="blockletter"><p class="ralign indentr">'<i>Sept. 26, 1697.</i></p> +<p class="indentsig">'<span class="smcap">Sir</span>,</p> + +<p>'Yours came very safe; but I wish you +had explained your meaning a little more about +the accident you speak of; for have been puzzling +my brains ever since; and without I shall +set myself to conjuring, I cannot imagine what it +should be, for I know of nothing that happened +after you went away, nor no discourse about you, +only when we were together, the company would<span class="pagenum"><a name="Page_209" id="Page_209">[Pg 209]</a></span> +sometimes drink your health, or wish you had +been there, or the like; so that I fancy it must +be something Mr. has invented for +diversion; though I must confess we have a sort +of people here, that are inspired with the gift of +foreknowledge, who will tell one as much for +nothing as any astrologer will have a good piece +of money for. But to leave jesting, I cannot tell +when I shall come to London, unless it be for the +night and away, about some business with my +brother, that I must be obliged to attend his +motions; but when I do, I shall remember my +promise, although I do not suppose you are any +more in earnest than myself in this matter. I +give you thanks for your songs and your good +wishes, and rest,</p> + +<p class="ralign indentr">Your loving Duck.'</p></div> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—Have you any more letters?</p> + +<p><span class="smcap">Mr. Marshall</span>—Yes, I have another letter here, +but before it is read, I think it will be proper to give +the court an account of the occasion of its being writ. +I waited on Mrs. Stout one evening at her lodgings +in Houndsditch, and at our parting she appointed to +meet me the next day; and to excuse her not coming +according to that appointment, she sent me this letter.</p> + +<p><span class="smcap">Clerk of Arraigns</span>—It is directed to Mr. Thomas +Marshall; it is without date.</p></div> + +<div class="blockletter"><p>'<span class="smcap">Mr. Marshall</span>,</p> + +<p>I met unexpected with one that came from +H——d last night, who detained me so long with +relating the most notorious inventions and lyes +that are now extant amongst those people, that I +could not possible come till it was late; and this<span class="pagenum"><a name="Page_210" id="Page_210">[Pg 210]</a></span> +day was appointed for business, that I am uncertain +when it will be finished; so that I believe I cannot +see you whilst I am in town. I have no more +at present, but that I am</p> + +<p class="ralign indentr">Your obliged Friend.'</p></div> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—Now, my lord, if your lordship please, +I proceed to shew you, that I went not so much +voluntarily as pressed by her to come to this house, +and for that I will produce one letter from her to +myself; and, my lord, I must a little inform you of +the nature of this letter. It is on the outside directed +to Mrs. Jane Ellen, to be left for her at Mr. Hargrave's +coffee-house. For her to direct for me at a +coffee-house, might make the servants wonder and +the post-man might suspect, and for that reason she +directed it in that manner. There was Mr. Marshall +by whom I received it, and I can prove the hand by +Mr. Beale.</p> + +<p><span class="smcap">Mr. Marshall</span>—My lord, I verily believe I was by, +and that Mr. Cowper shewed me this letter immediately +on receipt of it, as he had done several others +from the same hand.</p> + +<p><span class="smcap">Clerk of Arraigns</span>—This is directed for Mrs. +Jane Ellen. It is dated March the 5th, without any +year.</p></div> + +<div class="blockletter"><p class="ralign indentr"><i>'March the 5th.</i></p> +<p class="indentsig"><span class="smcap">Sir</span>,</p> + +<p>I am glad you have not quite forgot +that there is such a person as I in being; but I +am willing to shut my eyes, and not see anything +that looks like unkindness in you, and rather +content myself with what excuses you are pleased +to make, than be inquisitive into what I must not<span class="pagenum"><a name="Page_211" id="Page_211">[Pg 211]</a></span> +know. I should very readily comply with your +proposition of changing the season, if it were in +my power to do it, but you know that lies altogether +in your own breast; I am sure the winter +has been too unpleasant for me to desire the continuance +of it; and I wish you were to endure +the sharpness of it but for one hour, as I have +done for many long nights and days; and then +I believe it would move that rocky heart of yours, +that can be so thoughtless of me as you are; But +if it were designed for that end, to make the +summer the more delightful, I wish it may have +the effect so far, as to continue it to be so too, +that the weather may never overcast again; the +which if I could be assured of, it would recompense +me for all that I have ever suffered, and +make me as easy a creature as I was the first +moment I received breath. When you come to +H——d pray let your steed guide you, and do +not do as you did the last time; and be sure +order your affairs to be here as soon as you can, +which cannot be sooner than you will be heartily +welcome to</p> + +<p class="ralign indentr">Your very sincere Friend.'</p> + +<p class="indentpresig">'<i>For Mrs. Jane Ellen, at Mr. Hargrave's,</i></p> +<p class="indentsig"><i>near Temple-bar, London.</i>'</p></div> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—Though it is directed to Mrs. Jane Ellen, +it begins in the inside 'Sir,' and it is dated the 5th +March next before the 13th.</p> + +<p><span class="smcap">Hatsell, Baron</span>—What March was it?</p> + +<p><span class="smcap">Mr. Marshall</span>—I kept no account of the time, but +I am very positive, by the contents, that Mr. Cowper +shewed me this letter and I read it, but by my now<span class="pagenum"><a name="Page_212" id="Page_212">[Pg 212]</a></span> +remembrance, it should be longer since than March +last.</p> + +<p><span class="smcap">Cowper</span>—It was March last. That which will set +Mr. Marshall's memory to rights is this other letter, +which I received at the Rainbow, when he was by, +and he read it; and it importuning me to a matter of +this kind, I did produce it to my brother and him; +they both knew of it; and both read it, and that will +refresh his memory concerning the date of the other.</p> + +<p><span class="smcap">Mr. Marshall</span>—My lord, I was in the coffee-house +with Mr. Cowper when he received this letter; and +he afterwards shewed it to Mr. William Cowper, at +the Covent-garden tavern, when I was by.</p> + +<p><span class="smcap">Clerk of Arraigns</span>—This is dated the 9th of +March, and directed to Mrs. Jane Ellen, at Mr. +Hargrave's.</p></div> + +<div class="blockletter"><p class="ralign indentr">'<i>March 9.</i></p> +<p class="indentsig smcap">Sir,</p> + +<p>I writ to you by Sunday's post, which I hope +you have received; however, as a confirmation, I +will assure you I know of no inconveniency that can +attend your cohabiting with me, unless the grand +jury should thereupon find a bill against me; but +I won't fly for it, for come life, come death, I am +resolved never to desert you; therefore according +to your appointment I will expect you and till +then I shall only tell you, that I am</p> + +<p class="ralign indentr">'Yours,' etc.</p> + +<p class="indentpresig">'<i>For Mrs. Jane Ellen, at Mr. Hargrave's,</i></p> +<p class="indentsig"><i>near Temple-bar, London.</i>'</p></div> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—If your lordship please, I will further +prove this letter by my brother.</p></div> + +<p><i>William Cowper</i> said that about a year and a<span class="pagenum"><a name="Page_213" id="Page_213">[Pg 213]</a></span> +half since, when Mrs. Stout was in London, his +brother came to his chamber in the Temple, and +told him that he had received a letter from Mrs. +Stout, saying that she intended to visit him in his +chamber that day. His brother told the witness +that because of her connection with Marshall, as +well as for other reasons, he would not receive +her there; and it was arranged that as she intended +first to dine with their father at his house +in Hatton Garden, where the witness was then +living, he should take the opportunity for casually +remarking that the prisoner was that day gone +to Deptford, as he in fact intended to do. This +plan was carried out, with the result that Mrs. +Stout left the room fainting. The witness then +went on to give an account of how his brother +showed him the last letter mentioned, at the +Covent Garden Tavern—</p> + +<div class="blockquot"><p>Saith he, the occasion of my shewing it, is not to +expose a woman's weakness, but I would not willingly +lie under too many obligations, nor engage too far; +nor on the other hand would I be at an unnecessary +expence for a lodging.</p></div> + +<p>It was accordingly arranged that the witness +should write to Barefoot to dispose of his lodgings, +as Cowper had already related.</p> + +<div class="blockquot"><p>I said I would write the next day, being Saturday; +but when I should have writ, it was very late, and I +was weary, being then tied down to the business of +parliament; and partly for that reason, and partly in<span class="pagenum"><a name="Page_214" id="Page_214">[Pg 214]</a></span> +point of discretion, which I had upon my second +thoughts, that it would be better for my brother to +be at Mr. Barefoot's, which is near the court, and in +the market place, I did neglect writing; and though +I thought of it about eleven o'clock, yet, as I said, +partly for one reason, and partly for another, I did +not write that time.'</p></div> + +<p><i>Beale</i> was then called to prove the hand-writing +of the letters, and the jury declared +themselves satisfied.</p> + +<div class="blockquot"><p><span class="smcap">Hatsell, Baron</span>—I believe you may ask her mother, +she will tell you whether it be her daughter's hand.</p> + +<p><span class="smcap">Mrs. Stout</span>—How should I know! I know she was +no such person; her hand may be counterfeited.</p> + +<p><span class="smcap">Hatsell, Baron</span>—But if it were written in her more +sober stile, what would you say then?</p> + +<p><span class="smcap">Mrs. Stout</span>—I shan't say it to be her hand unless +I saw her write it.</p> + +<p><span class="smcap">Mr. Stout</span>—It is like my sister's hand.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Do you believe it to be her hand?</p> + +<p><span class="smcap">Mr. Stout</span>—No, I don't believe it; because it don't +suit her character.</p></div> + +<p><i>Mrs. Barefoot</i> had expected Cowper at her +lodgings, and had prepared a bed for him. +Cowper came to her house as usual, and sent to +the coffee-house for his bag. Mrs. Stout sent +her maid over to invite Cowper to dine at their +house. Cowper came back to her house about +eleven, by the town clock, and did not go out +again.</p> + +<p><i>Hanwell</i>, the last witness's maid, made some<span class="pagenum"><a name="Page_215" id="Page_215">[Pg 215]</a></span> +preparations in Cowper's room before he went +to bed, which he did a little before twelve.</p> + +<p>Referring to the last-quoted letter of the +deceased woman, Cowper says:</p> + +<div class="blockquot"><p>'I had rather leave it to be observed, than make the +observation myself, what might be the dispute between +us at the time the maid speaks of. I think it was not +necessary she should be present at the debate; and +therefore I might not interrupt her mistress in the +orders she gave; but as soon as the maid was gone +I made use of these objections; and I told Mrs. +Stout by what accident I was obliged to take up my +lodgings at Mrs. Barefoot's, and that the family was +sitting up for me; that my staying at her house under +these circumstances, would in probability provoke the +censure of the town and country; and that therefore +I could not stay, whatever my inclination might otherwise +be; but, my lord, my reasons not prevailing, I +was forced to decide the controversy by going to my +lodging; so that the maid may swear true, when she +says I did not contradict her orders.'</p></div> + +<p><i>Spurr</i> proved that Cowper came to the Glove +and Dolphin Inn as the clock struck eleven, and +stayed there about a quarter of an hour. The +Glove and Dolphin was a little less than a +quarter of a mile from Mrs. Stout's house.</p> + +<p>Cowper then pointed out that, according to +Sarah Walker's evidence, he left Mrs. Stout's +house at a quarter to eleven by the real time; +that if, as he should prove, it took half an hour +to go from there to the place where Mrs. Stout<span class="pagenum"><a name="Page_216" id="Page_216">[Pg 216]</a></span> +was drowned, he could not, according to the +evidence he had just called, have been there.</p> + +<p><i>Sir W. Ashurst</i> said it took him half an hour +and one minute to walk to the place where the +deceased was drowned. <i>Sir T. Lane</i> said it took +him about three-quarters of an hour, 'and we did +not stay at all by the way, except just to look +upon the hospital.'</p> + +<p><i>Kingett</i> and <i>Man</i>, two servants at the Glove +and Dolphin, confirmed Spurr's evidence as to +the time when Cowper arrived there and the +time he stayed there; adding that he came there +to ask about an account for his horse.</p> + +<div class="blockquot"><p><span class="smcap">Hatsell, Baron</span>—Pray, wherein hath Sarah Walker +said anything that is false?</p> + +<p><span class="smcap">Cowper</span>—In this: I asked her when she gave +evidence, whether she went out to see for her mistress +all that night, and whether her mistress did not use to +stay out at nights, and whether she herself had not +used to say so? If your lordship pleases to remember, +she said no. Pray, Mrs. Mince, what have you heard +Mrs. Stout's maid say concerning her mistress, particularly +as to her staying out all night?</p> + +<p><span class="smcap">Mrs. Mince</span>—She hath said, that her mistress did +not love to keep company with Quakers; and that she +paid for her own board and her maid's; and that, when +she entertained any body, it was at her own charge. +And she hath said, that Mrs. Stout used to ask, who +is with you, child? and she would not tell her; and +that she did entertain her friends in the summer house +now and then with a bottle of wine; and when her +mother asked who was there? her mistress would say,<span class="pagenum"><a name="Page_217" id="Page_217">[Pg 217]</a></span> +bring it in here, I suppose there is none but friends; +and after the company was gone, she used to make +her mother believe that she went to bed: but she +used to go out and take the key with her, and sometimes +she would go out at the window, and she said +particularly, one time she went out at the garden +window, when the garden door was locked, and that +she bid her not sit up for her, for she would not come +in at any time.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Did ever Sarah Walker tell you +that Mrs. Stout staid out all night?</p> + +<p><span class="smcap">Mrs. Mince</span>—She hath said, she could not tell what +time she came in, for she went to bed.</p></div> + +<p><i>Cowper</i> offered to prove that Gurrey, at whose +house the other prisoners had stayed, had said +that if he had gone to visit Mrs. Stout, meaning +apparently, if he had gone to visit the mother +after the daughter's death, the prosecution would +not have taken place. To this he would answer +that he never had gone to see her in his life.</p> + +<div class="blockquot"><p>Now, for a man officiously to make a new visit in +the time of the assizes, one engaged in business as I +was, and especially upon so melancholy an occasion; +I say for me to go officiously to see a woman I never +had the least knowledge of, would have been thought +more strange (and justly might have been so) than the +omission of that ceremony. For my part, I cannot +conceive what Mr. Gurrey could mean, this being the +case, by saying, that if I had visited Mrs. Stout, nothing +of this could have happened.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Mr. Cowper, he is not the prosecutor, +I think it is no matter what he said.</p></div><p><span class="pagenum"><a name="Page_218" id="Page_218">[Pg 218]</a></span></p> + +<p><i>Sir W. Ashurst, Sir T. Lane, and Mr. Thompson</i> +were then called to Cowper's character, and +described him as a humane, upright, and capable +man.</p> + +<p>This concluded the case against Cowper, and +the case of Marson was next considered. In +reply to a question from the judge, he explained +that Stephens was the clerk of the paper in the +King's Bench; that Rogers was steward of the +King's Bench; and that it was their duty to wait +upon the Lord Chief-Justice of the King's Bench +out of town. On Monday they all went to the +Lord Chief-Justice's house in Lincoln's Inn +Fields, according to their custom, and all set +out from there. Marson, being only an attorney +in the borough court, could not go further with +the others than Kingsland, and returned from +there to his business in Southwark, where he +attended the Court, as was his duty, and set out +again at past four in the afternoon. On arriving +at Waltham he met one Mr. Hanks, a clergyman, +who was returning from attending the Lord +Chief-Justice to Hertford, whom he persuaded +to return with him to Hertford, on the plea that +he did not know the way. They galloped all +the way, and did not arrive at Hertford till +eight. There they found the marshal, Stephens, +Rogers, Rutkin, and others of the marshal's +acquaintance at the coffee-house, from which +they went to the Glove and Dolphin, and stayed<span class="pagenum"><a name="Page_219" id="Page_219">[Pg 219]</a></span> +there till eleven o'clock. Rogers and the witness +had a dispute about which of them should lie +with Stephens at Gurrey's house, and they all +went to Gurrey's to see what could be arranged, +and to drink a glass of wine. Eventually +Stephens, Rogers, and Marson, all stayed at +Gurrey's; while Hanks and Rutkin went back +to the marshal's. The party at Gurrey's drank +three bottles of wine,</p> + +<div class="blockquot"><p>and afterwards, in jocular conversation, I believe +Mr. Stephens might ask Mr. Gurrey if he knew of one +Mrs. Sarah Stout? And the reason why he asked +that question our witness will explain. I believe +he might likewise ask what sort of woman she was? +and possibly I might say the words, My friend may be +in with her, though I remember not I did say anything +like it; but I say there is a possibility I might, because +I had heard she had denied Marshall's suit, and that +might induce me to say, My friend may be in with her, +for all that I remember. I confess Mr. Rogers asked +me what money I had got that day, meaning at the +Borough Court? I answered fifty shillings; saith he, +we have been here a-spending our money, I think you +ought to treat us, or to that purpose. As to the +bundle mentioned I had no such, except a pair of +sleeves and a neck-cloth. As to the evidence which +goes to words spoken, the witnesses have fruitful +inventions; and as they have wrested and improved +the instances I have been particular in, so they have the +rest, or otherwise forged them out of their own heads.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Mr. Rogers, what do you say +to it?<span class="pagenum"><a name="Page_220" id="Page_220">[Pg 220]</a></span></p> + +<p><span class="smcap">Rogers</span>—We came down with the marshal of the +King's bench, it rained every step of the way, so that +my spatter-dashes and shoes were fain to be dried; and +it raining so hard, we did not think Mr. Marson would +have come that day, and therefore we provided but one +bed, though otherwise we should have provided two, +and were to give a crown for our night's lodging. +We went from the coffee-house to the tavern, as Mr. +Marson has said, and from the tavern the next way to +our lodging, where there was some merry and open +discourse of this gentlewoman; but I never saw her in +my life, nor heard of her name before she was mentioned +there.</p> + +<p><span class="smcap">Stephens</span>—We never stirred from one another, but +went along with the marshal of the King's bench, to +accompany my lord chief-justice out of town, as is +usual.</p> + +<p><span class="smcap">Hatsell, Baron</span>—I thought it had been as usual for +him to go but half the way with my lord chief-justice.</p> + +<p><span class="smcap">Rogers</span>—They generally return back after they have +gone half the way, but some of the head officers go +throughout.</p> + +<p><span class="smcap">Stephens</span>—It was the first circuit after the marshal +came into his office, and that is the reason the marshal +went the whole way.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Did not you talk of her courting +days being over?</p> + +<p><span class="smcap">Prisoners</span>—Not one word of it; we absolutely +deny it.</p> + +<p><span class="smcap">Stephens</span>—I never saw her.</p> + +<p><span class="smcap">Jones</span>—Mr. Marson, did you ride in boots?</p> + +<p><span class="smcap">Marson</span>—Yes.</p> + +<p><span class="smcap">Jones</span>—How came your shoes to be wet?</p> + +<p><span class="smcap">Marson</span>—I had none.</p></div><p><span class="pagenum"><a name="Page_221" id="Page_221">[Pg 221]</a></span></p> + +<p><i>Hunt</i> gave an account of how he was at the +Old Devil Tavern at Temple Bar, on Sunday +night, and Marson and three or four others of +Clifford's Inn being there at the same time, +discoursing of the marshal's attending the Lord +Chief-Justice to Hertford, Marson said he too +might be required to go; on which one of the +company said, 'If you do go to Hertford, pray +enquire after Mr. Marshall's mistress, and bring +us an account of her;' and it was this discourse +that gave occasion to talk of Mrs. Stout at +Gurrey's house, which was done openly and +harmlessly. This story was corroborated by one +Foster, who had been at the Devil; and Stephens +offered to call another witness to the same +purpose, but was stopped by the judge.</p> + +<p><i>Hanks</i> was called, and gave the same account +of his arrival in Hertford as Marson had already +given. He was in Marson's company from the +time he met him till he left him at his lodgings, +at about eleven o'clock.</p> + +<p><i>Rutkin</i> was called by Marson to give an account +of his coming to Hertford.</p> + +<div class="blockquot"><p><span class="smcap">Rutkin</span>—My lord, I came to wait on the marshal +of the King's Bench to Hertford, and when we were +come to Hertford we put up our horses at the Bull, +and made ourselves a little clean; we went to church, +and dined at the Bull, and then we walked in and +about the court, and diverted ourselves till about seven +o'clock; and between seven and eight o'clock came +Mr. Marson and Dr. Hanks to town, and then we<span class="pagenum"><a name="Page_222" id="Page_222">[Pg 222]</a></span> +agreed to go to the Dolphin and Glove to drink a +glass of wine; the marshal went to see an ancient +gentleman, and we went to the Dolphin and Glove, +and staid there till past ten o'clock, and after the +reckoning was paid we went with them to their +lodging, with a design to drink a glass of wine; but +then I considered I was to lie with the marshal, and +for that reason I resolved not to go in, but came +away, and went to the Bull Inn, and drank part of +a glass of wine and afterwards went to the next door +to the Bull Inn, where I lay with the marshal.</p></div> + +<p><i>Marson</i> called witnesses to character, who +swore that they had always had a good opinion +of him, that they had never seen him but a +civilised man, that he had been well brought up +amongst them, and that they had never seen +him given to debauchery.</p> + +<p><i>Cowper</i> said that he was concerned to defend +the other prisoners as much as himself, and that +there was something he wished to say in their +behalf.</p> + +<div class="blockquot"><p>'The principal witness against them is one Gurrey; +and I will prove to you, that since he appeared in +this court, and gave his evidence, he went out in a +triumphant manner, and boasted that he, by his +management, had done more against these gentlemen +than all the prosecutor's witnesses could do besides. +To add to that I have another piece of evidence that I +have just been acquainted with; my lord, it is the +widow Davis, Gurrey's wife's sister, that I would call.</p></div> + +<p><i>Mrs. Davis</i> was asked by her sister to help her<span class="pagenum"><a name="Page_223" id="Page_223">[Pg 223]</a></span> +lay the sheets for the men in Gurrey's house, and +while she was doing so the gentlemen came into +the room; it was then about ten, or something +later. They had three quarts of wine and some +bread and cheese, and then went to bed; and +after that Gurrey went to fetch Gape, who +lodged at his house, from Hockley's.</p> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—I only beg leave to observe that Gurrey +denied that he went for him.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Ay; but this signifies very little, +whether it be true or false.</p></div> + +<p>Various other witnesses were called, who gave +all the prisoners excellent characters in their +private and professional capacities.</p> + +<div class="blockquot"><p><span class="smcap">Jones</span>—My lord, we insist upon it, that Mr. Cowper +hath given a different evidence now, from what he did +before the coroner; for there he said he never knew +any distraction, or love fit, or other occasion she had +to put her upon this extravagant action. Now here +he comes, and would have the whole scheme turned +upon a love-fit. Call John Mason.</p></div> + +<p><i>Mason</i>, in answer to questions put to him by +Mr. Stout and Jones, said that Cowper, before +the coroner, had said that he knew no cause for +Mrs. Stout's suicide; and that she was a very +modest person. He was asked whether he knew +any person she was in love with, and he said +he knew but of one, and his name was Marshall, +and he was always repulsed by her.<span class="pagenum"><a name="Page_224" id="Page_224">[Pg 224]</a></span></p> + +<p><i>Archer</i> was present at the inquest, and heard +Cowper say that he knew no occasion of Mrs. +Stout's death, nor of any letters.</p> + +<div class="blockquot"><p><span class="smcap">Cowper</span>—Then I must call over the whole coroner's +inquest, to prove the contrary.</p> + +<p><span class="smcap">Hatsell, Baron</span>—Did they ask him concerning any +letters?</p> + +<p><span class="smcap">Archer</span>—They asked him, If he knew of any thing +that might be the occasion of her death?</p> + +<p><span class="smcap">Hatsell, Baron</span>—I ask you again, if they asked +him if he knew of any letters?</p> + +<p><span class="smcap">Archer</span>—My lord, I do not remember that.</p> + +<p><span class="smcap">Mr. Stout</span>—I would have called some of the +coroner's inquest but I was stopped in it.</p> + +<p><span class="smcap">Juryman</span>—We have taken minutes of what has +passed; If your lordship pleases we will withdraw.</p> + +<p><span class="smcap">Hatsell, Baron</span>—They must make an end first.</p></div> + +<p><i>Mrs Larkin</i> was called, and said that Rutkin +came to her house between nine and ten, and +that the marshal did not come in till an hour +afterwards.</p> + +<p><i>Mr. Stout</i> desired to call witnesses to his sister's +reputation; and <i>Jones</i> said that the whole town +would attest to that.</p> + +<p><i>Hatsell, Baron</i>, then summed up. He said that +the jury could not expect that he should sum up +fully, but that he would notice the most material +facts, and that if he omitted any thing, Jones +or Cowper would remind him of it. He then +recapitulated Sarah Walker's evidence, very +briefly; and then went on:<span class="pagenum"><a name="Page_225" id="Page_225">[Pg 225]</a></span>—</p> + +<div class="blockquot"><p>The other witnesses that came afterwards, speak +concerning the finding of the body in the river, and +tell you, in what posture it was. I shall not undertake +to give you the particulars of their evidence; but +they tell you she lay on her right side, the one arm +up even with the surface of the water, and her body +under the water; but some of her cloaths were above +the water. You have also heard what the doctors and +surgeons said on the one side and the other, concerning +the swimming and sinking of dead bodies in the water; +but I can find no certainty in it; and I leave it to +your consideration.</p></div> + +<p>Further, there were no signs of water in the +body, and it was said that this was a sign that +she was not drowned; but then it was answered +that it might show that she had drowned herself, +because if she wished to drown herself +she would choke herself without swallowing any +water.</p> + +<div class="blockquot"><p>The doctors and surgeons have talked a great deal +to this purpose, and of the water's going into the +lungs or the thorax; but unless you have more skill +in anatomy than I you would not be much edified by +it. I acknowledge I never studied anatomy; but I +perceive that the doctors do differ in their notions +about these things.... Gentlemen, I was very much +puzzled in my thoughts, and was at a loss to find out +what inducement there could be to draw in Mr. +Cowper, or these three other gentlemen, to commit +such a horrid, barbarous, murder. And on the other +hand, I could not imagine what there should be to +induce this gentlewoman, a person of plentiful fortune,<span class="pagenum"><a name="Page_226" id="Page_226">[Pg 226]</a></span> +and a very sober good reputation, to destroy herself.'</p></div> + +<p>But if they believed the letters that had been +produced to be in her hand, there was evidence +to show that although she was a virtuous woman, +a distemper might have turned her brains, and +discomposed her mind.</p> + +<div class="blockquot"><p>As to these three other gentlemen that came to +this town at the time of the last assizes, what there is +against them, you have heard; they talked at their +lodging at a strange rate, concerning this Mrs. Sarah +Stout, saying, her business is done, and that there +was an end of her courting days, and that a friend of +theirs was even with her by this time. What you can +make of this, that I must leave to you; but they were +very strange expressions; and you are to judge whether +they were spoken in jest, as they pretend, or in earnest. +There was a cord found in the room, and a bundle +seen there, but I know not what to make of it. As to +Mrs. Stout, there was no sign of any circle about her +neck, which, as they say, must have been if she had +been strangled; some spots there were; but it is +said, possibly these might have been occasioned by +rubbing against some piles or stakes in the river. +Truly, gentlemen, these three men, by their talking, +have given great cause of suspicion; but whether they, +or Mr. Cowper, are guilty or no, that you are to +determine. I am sensible I have omitted many things; +but I am a little faint, and cannot remember any more +of the evidence.</p></div> + +<p>The jury then retired, and in half an hour<span class="pagenum"><a name="Page_227" id="Page_227">[Pg 227]</a></span> +returned with a verdict of Not Guilty as to all +the prisoners.</p> + +<p>The acquittal in this case led to an appeal of +murder, the most curious survival of the earliest +English criminal procedure, which was not finally +abolished till 1819. The effect of such a proceeding +was that after an acquittal on an +indictment for murder, the prosecutor might +challenge the accused to an ordeal by battle. +Accordingly, in the long vacation following the +trial, Mrs. Stout, the mother of the dead woman, +sued a writ of appeal out of Chancery, against +Cowper, in the name of an infant who was her +daughter's heir. The sealing of the writ was +delayed, it is said to nearly the last possible day, +a year after the alleged murder, for the purpose +of keeping the matter in suspense as long as +possible; and the consent of the mother of the +infant to Mrs. Stout's being named as his +guardian for the purpose, was obtained from +her by a fraudulent representation that the +object of the proceeding was to obtain the +deceased woman's property for him. On discovering +what its real effect was, she and her +friends applied to one Toler, the under-sheriff +of Hertfordshire, for the writ, and on his giving +it up to them, burnt it. On a rule being obtained +for the return of the writ, and it appearing that +Toler had delivered it to the infant's mother, +he was adjudged guilty of a gross contempt, and<span class="pagenum"><a name="Page_228" id="Page_228">[Pg 228]</a></span> +heavily fined. Holt, Lord Chief-Justice, said on +this occasion that</p> + +<div class="blockquot"><p>he wondered that it should be said that an appeal is +an odious prosecution. He said he esteemed it a +noble remedy, and a badge of the rights and liberties +of an Englishman. The court of king's bench, to +show their resentment, committed Toler to the prison +of the king's bench for his fine, though the clerk in +court would have undertaken to pay it. And Holt, +chief-justice, said to Toler, that he had not been in +prison long enough before, and that he might now, if +he pleased, go to Hertford and make his boast that +he had got the better of the king's bench.</p></div> + +<p>Afterwards Mrs. Stout petitioned the Lord +Keeper for another writ; the infant and his +mother presenting a counter-petition disowning +their former writ as sued forth without their +consent. After an argument before a full court +it was decided that the Court had power to grant +a new writ, but that it would be unjust to grant +one under the present circumstances, because, +among other reasons, the appellant and his +mother had renounced the writ as soon as they +understood its nature, and there was no proof +that the appellees had been privy to their action.</p> + +<div class="footnotes"><h3>FOOTNOTES:</h3> + +<div class="footnote"><p><a name="Footnote_43_43" id="Footnote_43_43"></a><a href="#FNanchor_43_43"><span class="label">[43]</span></a> Spencer Cowper (1669-1727) was the younger brother of +Earl Cowper, who was the first Lord Chancellor of Great +Britain. He was educated at Westminster, and made Controller +of the Bridge House Estates in 1690. At the time of +this trial his brother was the member for Hertford. In 1705 +and 1708 he represented Beeralston in Parliament; he was +one of the managers in Sacheverell's trial, and lost his seat in +consequence, but was afterwards elected for Truro in 1711. +In 1714 he became Attorney-General to the Prince of Wales, +and in 1717 Chief-Justice of Chester. On the accession of +George the Second he was made Attorney-General of the +Duchy of Chester, and a Judge of the Common Pleas in 1727. +He died the same year. He was the grandfather of William +Cowper the poet.</p></div> + +<div class="footnote"><p><a name="Footnote_44_44" id="Footnote_44_44"></a><a href="#FNanchor_44_44"><span class="label">[44]</span></a> Sir Henry Hatsell (1641-1714) was the son of an active +Roundhead who sat in the House of Commons during the +Commonwealth. He was educated at Exeter College, was +called to the Bar in 1667, and became a Baron of the Exchequer +in 1697. The present trial was the most conspicuous with +which he was connected, from which fact it may be supposed +that he never enjoyed a very high reputation. He was +removed from the Bench soon after Queen Anne's accession.</p></div> + +<div class="footnote"><p><a name="Footnote_45_45" id="Footnote_45_45"></a><a href="#FNanchor_45_45"><span class="label">[45]</span></a> This John Dimsdale was apparently the father of the +first Baron Dimsdale, who inoculated Catharine of Russia +and the Grand Duke Paul, her son, for smallpox in 1728. +John's father was William, who accompanied William Penn to +America in 1684; so that it is not clear who the Mr. Dimsdale, +senior, and Dr. Robert Dimsdale of this trial were. The +family is, however, one which has long been settled in Hertfordshire.</p></div> + +<div class="footnote"><p><a name="Footnote_46_46" id="Footnote_46_46"></a><a href="#FNanchor_46_46"><span class="label">[46]</span></a> <i>Vulgar Errors</i>, Book <span class="small">IV.</span>, ch. vi., 'Of Swimming and +Floating.'</p></div> + +<div class="footnote"><p><a name="Footnote_47_47" id="Footnote_47_47"></a><a href="#FNanchor_47_47"><span class="label">[47]</span></a> The Lord of the Manor might have a right to the forfeited +goods of a felon.</p></div> + +<div class="footnote"><p><a name="Footnote_48_48" id="Footnote_48_48"></a><a href="#FNanchor_48_48"><span class="label">[48]</span></a> Sir Hans Sloane (1660-1753) was born in Co. Down. He +studied medicine abroad, and was elected a member of the +Royal Society in 1685. In 1687 he went to the West Indies as +secretary to the Duke of Albemarle, and made valuable +scientific collections. He was elected secretary of the Royal +Society in 1693, and succeeded Sir Isaac Newton as president +of the same body in 1727. He was physician to Queen Anne +and George the Second, and founded the botanical garden at +Chelsea for the Society of Apothecaries. He left his collections +to the nation, and they formed part of the original nucleus +of the British Museum. Sloane Street and Hans Square +derive their names from him.</p></div> + +<div class="footnote"><p><a name="Footnote_49_49" id="Footnote_49_49"></a><a href="#FNanchor_49_49"><span class="label">[49]</span></a> The lay reader must observe that Sloane is talking of the +'civil law.'</p></div> + +<div class="footnote"><p><a name="Footnote_50_50" id="Footnote_50_50"></a><a href="#FNanchor_50_50"><span class="label">[50]</span></a> William Cowper (1666-1709) was a leading surgeon at the +time of this trial, having been elected a member of the Royal +Society in 1696, and in 1698 having published a treatise on +anatomy, which led to a vigorous controversy between him and +a Dutch doctor of the name Bidloo, whose anatomical plates he +seems to have adopted for his own work. He subsequently +published a variety of papers on surgery, and was the discoverer +of Cowper's glands.</p></div> +</div> + +<p class="pagenum"><a name="Page_229" id="Page_229">[Pg 229]</a></p> + +<p> </p> + +<p class="pagenum"><a name="Page_230" id="Page_230">[Pg 230]</a></p> + +<p> </p> + +<p class="pagenum"><a name="Page_231" id="Page_231">[Pg 231]</a></p> + +<h2 class="gap4"><a name="SAMUEL_GOODERE_AND_OTHERS" id="SAMUEL_GOODERE_AND_OTHERS"></a>SAMUEL GOODERE AND OTHERS</h2> + +<p>On the 18th of March 1741, at the Bristol Gaol-delivery, +Samuel Goodere,<a name="FNanchor_51_51" id="FNanchor_51_51"></a><a href="#Footnote_51_51" class="fnanchor">[51]</a> Matthew Mahony, +and Charles White were indicted for the murder +of Sir John Dineley Goodere, the brother of the +first-named prisoner. They were tried before<span class="pagenum"><a name="Page_232" id="Page_232">[Pg 232]</a></span> +Serjeant Michael Foster.<a name="FNanchor_52_52" id="FNanchor_52_52"></a><a href="#Footnote_52_52" class="fnanchor">[52]</a> The trial was adjourned +to the 26th on account of Goodere's +health, when there appeared for the prosecution +<i>Vernon</i>, and for the prisoner <i>Goodere</i>, <i>Shepard</i> +and <i>Frederick</i>. The other prisoners were undefended.</p> + +<p><i>Vernon</i> opened the case. He began—</p> + +<div class="blockquot"><p>May it please you, Mr. Recorder, and you, gentlemen +that are sworn on the jury, I am counsel for the +King against the prisoners at the bar, who stand +indicted for the murder of sir John Dineley Goodere; +they are also charged on the coroner's inquest with the +same murder; and though it is impossible for human +nature not to feel some emotions of tenderness at so +affecting a sight as now presents itself at the bar; yet, +gentlemen, should the guilt of this black and frightful +murder be fixed upon the prisoners (as from my +instructions I fear it will be), pity must then give +way to horror and astonishment at the baseness and +barbarity of the fact and circumstances; and our +sorrow ought to be that, through the lenity of the +laws, the unnatural author and contriver of so shocking +a piece of cruelty, and this, his brutal accomplice in +the ruffianly execution of it, should be to share the +common fate of ordinary malefactors.</p></div> +<p><span class="pagenum"><a name="Page_233" id="Page_233">[Pg 233]</a></span></p> +<p>He then proceeds to point out that the indictment +alleges that Mahony strangled the deceased, +and that Goodere was present aiding and abetting +him in the act; that therefore it would be immaterial +for the jury which of the two actually +committed the act, if they were acting together; +and that it would not be material whether they +strangled the deceased with a rope, a handkerchief, +or their hands, 'so the kind of death be +proved.' Goodere was Sir John's brother, and +there had long been a quarrel between them +owing to various causes, particularly because Sir +John had cut off the entail of a property in +Worcestershire, to which Goodere would otherwise +have been the heir in default of Sir John's +issue. He had recently been appointed captain +of the <i>Ruby</i> man-of-war, and in January last she +was lying in the King's road, within the county +of Bristol. Sir John had been ordered to Bath +for his health, and had made an engagement to +call, on his way there, at the house of Mr. Jarrit +Smith, in Bristol, to transact some business. +Goodere had asked Smith to arrange a meeting +between him and his brother to effect a reconciliation, +and accordingly this visit, which was to +take place on Tuesday the 13th of January, had +been fixed upon for the purpose. On Monday +the 12th, Goodere and Mahony called at the +White Hart Inn, near the foot of College Green, +in view of, and almost opposite to, Smith's house;<span class="pagenum"><a name="Page_234" id="Page_234">[Pg 234]</a></span> +and Goodere, commending the view from a closet +above the porch, ordered breakfast to be prepared +for him there the next day. On Tuesday, +Goodere, accompanied by Mahony, and a gang +of men belonging to a privateer called the <i>Vernon</i>, +whom he had hired to assist him in seizing Sir +John, 'but whom one would have thought, the +name of that gallant admiral should have inspired +with nobler sentiments,' came to the White +Hart, where Goodere went upstairs to the closet +he had ordered, and the others posted themselves +below to watch for Sir John. He soon +arrived, armed with pistols, and followed by a +servant, but only made a short stay at Mr. +Smith's, promising to come again the next +Sunday. He was too well protected for it to be +advisable to interfere with his movements, but +Goodere's men, at his order, followed him a little +way down the hill as he left the house. Mr. +Smith afterwards told Goodere that his brother +would return the next Sunday, and advised him +to be in the way, that he might bring them +together. Goodere accordingly made all his +arrangements to effect his purpose. He ordered +one Williams, a midshipman, to bring up the +man-of-war's barge on Sunday, to leave it at +a point a little below Bristol, with two or three +men in charge of her, and to bring on the rest +of the crew to meet him at the White Hart, +explaining that he was going to bring some one<span class="pagenum"><a name="Page_235" id="Page_235">[Pg 235]</a></span> +on board. Accordingly, on the Sunday, Goodere, +the barge-men, and the privateersmen, all met +at the White Hart; and at three in the afternoon +Goodere went across to Mr. Smith's. There +he met his brother, with whom he spent some +time, conversing and drinking with him apparently +on perfectly friendly terms. After half +an hour, however, Sir John rose to go, followed +by his brother; as soon as they got into the +street Goodere made a sign to his men in the +White Hart, who immediately seized Sir John, +and partly led him, and partly carried him +towards the boat which was waiting for them, +as Goodere had ordered. Sir John made what +resistance he could, calling out that he was +ruined, and that his brother was going to take +his life; his captors, however, explained to bystanders +who tried to interfere that he was a +murderer, whom they were arresting, and kept +off the crowd by means of the bludgeons and +truncheons with which they were armed. They +could not prevent Sir John, however, from calling +out, as he was being put into the barge, that +he was going to be murdered, that the people +by were to tell Mr. Smith, and that his name +was Sir John Dineley. The privateersmen were +landed lower down the river, and at about seven +in the evening Sir John was brought on board +the <i>Ruby</i>. There his brother pretended to the +crew that he was a madman, and shut him up<span class="pagenum"><a name="Page_236" id="Page_236">[Pg 236]</a></span> +in the purser's cabin, on to the door of which he +had two new bolts fitted. A sentry was posted +outside the door, but at some time after midnight +he was relieved by Goodere himself, who +admitted Mahony and White, keeping back +another man from approaching it. A struggle +was heard in the cabin, and Sir John calling out, +'Murder! must I die! Help, for God's sake! +save my life, here are twenty guineas, take it!' +Then Mahony called for a light, which was +handed in to him by Goodere, while he still +kept another man away from the cabin door by +his cutlass. Goodere then withdrew to his cabin, +and Mahony and White were put ashore in the +ship's yawl. In the morning the ship's cooper, +who had heard Sir John calling out, and in fact +seen a part of the attack on him through a chink, +broke open the door of the purser's cabin and +found the dead body. Goodere was then +arrested by the crew, and brought before the +Mayor of Bristol, where he denied all knowledge +of the matter.</p> + +<p><i>Shepard</i> asked that the witnesses for the prosecution +should be ordered out of court.</p> + +<p><i>Vernon</i> replied that he had no right to this, +and that as it would seem to cast a slur upon +their honesty he objected to it being done.</p> + +<p><i>Shepard</i> admitted that he had no right to it, +but asked it as a favour; on which all witnesses +were ordered to leave the court, an exception<span class="pagenum"><a name="Page_237" id="Page_237">[Pg 237]</a></span> +being made in favour of Mr. Jarrit Smith, who +claimed a right to be present as he was prosecuting +solicitor as well as a witness.</p> + +<p><i>Chamberlayn</i> was called, and said that about +three weeks before the death of Sir John he was +asked by Goodere to interpose with Mr. Jarrit +Smith to bring about a reconciliation between +him and Sir John. He went to Mr. Smith as +he was asked to, and he promised to do all he +could in the matter. The brothers had been +at law a long while, and spent a great deal of +money, and that was why Goodere wanted Mr. +Smith to bring about a reconciliation between +them.</p> + +<p><i>Jarrit Smith</i> was then called, and deposed that +Mr. Chamberlayn had brought him the message +he had described, and had brought Goodere to +his house, and that he had promised him to do +what he could to bring about a reconciliation.</p> + +<div class="blockquot"><p>Some little time after they were gone, I saw sir +John, and told him that Mr. Goodere had applied to +me to do all I could to reconcile them. Sir John +seemed to speak much against it at first, and thought +it would be to no purpose; for that he had been a +real friend to the captain, who had used him very ill; +but at last he was pleased to pass a compliment on me, +and said, I cannot refuse anything you ask of me. +He then mentioned several things the captain had +said; and in particular told me that at the death +of sir Edward Goodere, his father, Mr. Goodere, the +prisoner, had placed several persons in the house<span class="pagenum"><a name="Page_238" id="Page_238">[Pg 238]</a></span> +where sir Edward lay dead, in order to do him some +mischief, and he apprehended to take away his life.</p> + +<p><span class="smcap">Shepard</span>—I must submit it to the Court, that +what sir John said at that time is not a matter of +evidence.</p> + +<p><span class="smcap">The Recorder</span>—It is not evidence, but perhaps it +is introductory to something Mr. Smith has further +to say; if it be not, it should not have been mentioned.</p> + +<p><span class="smcap">Smith</span>—And that he had endeavoured to set aside +a common recovery, and made strong application to +the Court of Common Pleas for that purpose.</p> + +<p><span class="smcap">Shepard</span>—Whether this be evidence, I insist upon +it that in point of law it is not, and it may have an +effect on the jury.</p> + +<p><span class="smcap">The Recorder</span>—I will take notice to the jury what +is not evidence. Go on, Mr. Smith.</p> + +<p><span class="smcap">Smith</span>—After sir John had repeated several stories +of this sort, he concluded at last (as I told you before), +And why, Mr. Smith, if you ask it of me, I can't +refuse. I saw Mr. Goodere soon after, and told him +I had seen sir John and talked with him, and he was +pleased to tell me, that he would see him, and bid me +contrive a convenient place to bring them together. +I told Mr. Goodere about the attempt to set aside +the recovery. I wonder, said Mr. Goodere, he should +mention anything of that, for I can set it aside when +I please. I told him, I thought he could not; for, +said I, I have a good opinion on it, and am to lend +a large sum of money on the Worcestershire estate. +He said, I wonder that any body will lend him money +on that estate; I am next in remainder, and they will +run a risk of losing their money, I do assure you; +and he cannot borrow a shilling on it without my +consent: but if my brother was reconciled, then, if<span class="pagenum"><a name="Page_239" id="Page_239">[Pg 239]</a></span> +we wanted money, we might do it together, for he +cannot secure it alone. He told me, that he should +take it as a great favour, if I could fix a time as soon +as I could to bring them together. Soon after I saw +sir John, and he told me he was very deaf, and was +advised to go to Bath, and then appointed to be with +me on Tuesday, the 13th of January last, in the +morning, when he would talk with me about the +business of advancing the money on his estate. After +this I saw Mr. Goodere, and told him that I had seen +his brother; that he was to be with me on Tuesday, +the 13th of January last, and desired him to be in +the way, for sir John was always very punctual to his +appointment; and if business or anything happened +to prevent him he always sent me a letter. Mr. +Goodere thanked me, and told me he would be in +the way; and on the Tuesday morning sir John +came to me on horseback, just alighted and came +into my office. I asked him to sit down, which he +refused, saying his head was bad; that he must go +for Bath, having been advised to go there for some +time, and then he did not doubt but he should be +better. I told sir John, that his brother knew he +was to be in town therefore hoped he would sit down +a little, for that I had promised him to bring them +together. He said, I can't now, but you shall see +me again soon, and then I may do it. I asked him, +when shall I see you again, to finish the business +you and I are upon? the writings are ready, name +your own time, the money will be paid. He appointed +to be with me on Monday morning to settle that +business; and said, I shall come to town the Saturday +or Sunday before, and when I come I will let you +know it: he then mounted his horse and rid off.<span class="pagenum"><a name="Page_240" id="Page_240">[Pg 240]</a></span> +Shortly after (as I was going to the Tolzey) at, or +under Blind-gate, I met Mr. Goodere, and told him +I was glad to see him and that his brother had been +in town. He said he had seen him and thought he +looked better than he used to do. I told Mr. Goodere +that his brother had appointed to be with me on +Monday morning next on business, and I expected +him to be in town either the Saturday or Sunday +before. I then had many compliments from Mr. +Goodere, and he said, how good it would be to make +up the matter between him and his brother. I heard +nothing of sir John being in town till Sunday the +18th of January last, in the morning, when he sent +me a letter to let me know that he came to town the +night before, and would be glad to call upon me at +any time I would appoint. I sent him for answer, +that I was to dine from home, but would return and +be at home at three o'clock that afternoon. And +as I was passing by, I stopt the coach at captain +Goodere's lodgings in Princes Street. I asked if he +was at home? Found him alone, and then shewed +him sir John's letter. He read it, and asked the +time I appointed. I told him three o'clock that +afternoon. Said he, I think my brother writes better +than he used to do. I said, Mr. Goodere, I think it +would be best for you to be accidentally on purpose +at that time at my house. No, says he, I don't think +that will be so well, I think it would be better for +you to send for me. I returned to my house, and +my servant told me that sir John had called, and that +he would be here again presently. Whilst my servant +was telling this, sir John came in; I took him by the +hand, and asked him how he did? I thank God, says +he, I am something better; and after I have settled<span class="pagenum"><a name="Page_241" id="Page_241">[Pg 241]</a></span> +this affair with you, I will go to Bath for some time, +and then, I hope, I shall be better. I said, captain +Goodere is waiting, I beg you will give me leave to +send for him; you know you said you would see him. +With all my heart, says sir John, I know I gave you +leave. I then sent down a servant to captain Goodere's +lodgings, to let him know sir John was with me, +and desired him to come up. The servant returned, +and said, Here is captain Goodere; on which I said, +sir John, please to give me leave to introduce your +brother. He gave me leave: captain Goodere came +in, went directly and kissed him as heartily as ever +I had seen any two persons who had real affection +one for the other. I desired them to sit down. Sir +John sat on one side of the fire, and captain Goodere +on the other, and I sate between them. I called for +a table and a bottle of wine, and filling a full glass, +I said, sir John, give me leave to drink love and +friendship. Ay, with all my heart, says sir John; +I don't drink wine, nothing but water; notwithstanding, +I wish love and friendship. Captain Goodere +filled a bumper, and pledged it, spoke to his brother, +and drank love and friendship with his brother's +health. We sate some time, all seemed well, and I +thought I could have reconciled them. The cork lying +out of the bottle, captain Goodere takes up the cork +in his hand, put it into the mouth of the bottle and +struck it in very hard. I then said, though sir John +will not drink wine, you and I will. No, says captain +Goodere, I will drink water too, if I drink any more; +and there was no more drank. After they had talked +several things (particularly captain Goodere of the +pleasantness of the situation of the estate in Herefordshire +and goodness of the land) in a very pleasant<span class="pagenum"><a name="Page_242" id="Page_242">[Pg 242]</a></span> +and friendly way, sir John rose up, and said, Mr. +Smith, what time would you have me be with you +to-morrow morning? I appointed nine o'clock. He +said, Brother, I wish you well; then said to me, I +will be with you half an hour before. Sir John went +down the steps; the captain was following; I stopt +him, and said, Pray don't go, captain, let you and I +drink a glass of wine. No more now, I thank you, +sir, said he. I think, said I, I have done great things +for you. He paused a little and said, By God, it will +not do; and in a very short time the captain went +very nimbly down the steps. I followed him to the +door, and observed him to go after sir John down the +hill; and before he turned the churchyard wall, to +be out of my sight, I observed some sailors come out +of the White Hart ale-house, within view of my door, +and they ran up to captain Goodere. I heard him +say, Is he ready? (I thought he meant the boat), they +said, Yes. He bid them make haste. Then they ran +very fast towards the lower-green, one of them having +a bottle in his hand; captain Goodere went very fast +down the hill, and had it not been by mere accident +I should have followed him (but some people think +it was well I did not), for I promised my wife to return +to the house where we dined in Queen's-square, where +I went soon after.</p> + +<p><span class="smcap">Mr. Recorder</span>—Mr. Smith, did they all go toward +the lower green?</p> + +<p><span class="smcap">Smith</span>—No, Sir; but some towards the butts on +St. Augustine's back. Sir John went that way, and +captain Goodere followed him; but the men who came +out of the ale-house went toward the lower green some +of them. About 5 o'clock in the evening, as I was +riding up the hill towards the College-green I ob<span class="pagenum"><a name="Page_243" id="Page_243">[Pg 243]</a></span>served +a soldier looked hard at me into the coach, as +if he had something to say, and seemed to be in a confusion. +I walked into the court, the soldier with me, +and then he said, I am informed, Sir, your name is +Mr. Jarrit Smith. Yes, says I, it is. (What I am +now going to say, Mr. Recorder, is what the soldier +told me.) He told me, that as he was drinking with +a friend at the King's Head ale-house at the Lime-kilns, +he heard a noise, and ran out to see what was +the matter, when he saw a person dressed (as he +described) like sir John's dress.</p> + +<p><span class="smcap">Vernon</span>—Pray, Sir, how was sir John dressed?</p> + +<p><span class="smcap">Smith</span>—Sir John was dressed in black clothes, he +had a ruffled shirt on, a scarlet cloak, a black velvet +cap (for the sake of keeping his ears warm) and +a broad-brimmed hat flapping. He described this +exactly, and told me likewise, that the captain of +the man-of-war and his crew had got the person into +custody, and by force had put him on board the man-of-war's +barge or boat lying near the Slip, by the +King's Head; that the gentleman cried out, For +God's sake if you have any pity or compassion upon +an unfortunate man, go to Mr. Jarrit Smith, and tell +him how I am used: and that the captain hearing him +cry out, stopt his mouth with his hand.</p> + +<p><span class="smcap">Mr. Recorder</span>—What did the soldier desire of +you?</p> + +<p><span class="smcap">Smith</span>—The soldier desired me to enquire into it, +for that he did not know the intention of taking off +a gentleman in that way.</p> + +<p><span class="smcap">Mr. Recorder</span>—Did you do any thing on that +request of the soldier?</p> + +<p><span class="smcap">Smith</span>—Yes, Sir; it immediately occurred to me, +that sir John, when he left my house, told me that<span class="pagenum"><a name="Page_244" id="Page_244">[Pg 244]</a></span> +he was going to his lodgings. I went to his lodgings +(which was at one Mr. Berrow's near the mint), I +there asked for him, and related the story I had +heard; they told me they had not seen him since he +went to my house.</p> + +<p><span class="smcap">Vernon</span>—Mr. Smith, Sir, will you inform us by +what name the unfortunate gentleman (you are speaking +of) was commonly called?</p> + +<p><span class="smcap">Smith</span>—Sir John Dineley Goodere; his mother was +a Dineley, and there came a great estate from her +side to him, which occasioned his being called by the +name of Dineley.</p> + +<p><span class="smcap">Vernon</span>—When sir John went from your house +on Tuesday, was he alone, or had he any attendants +with him?</p> + +<p><span class="smcap">Smith</span>—Sir John was well guarded; he had pistols, +and I think his servant had pistols also.</p> + +<p><span class="smcap">Vernon</span>—I think you told us but now, that sir +John was to be with you on Sunday; pray, when did +you let Mr. Goodere know it, Sir?</p> + +<p><span class="smcap">Smith</span>—I met captain Goodere that very day at +Blind-gate, and told him of it; and he said, he had +met his brother himself.</p> + +<p><span class="smcap">Vernon</span>—Pray, Sir, did Mr. Goodere tell you, to +whom the estate would go on sir John's death?</p> + +<p><span class="smcap">Smith</span>—Yes, he has often said he was the next +remainder man, and that the estate would come to +himself on his brother's death.</p> + +<p><span class="smcap">Mr. Recorder</span>—Well, Mr. Goodere, you have +heard what Mr. Smith hath said, have you any +questions to ask him?</p> + +<p><span class="smcap">Mr. Shepard</span>—Mr. Recorder, what I have to ask +of you, with submission, in behalf of Mr. Goodere, +is, that you will indulge counsel to put his questions<span class="pagenum"><a name="Page_245" id="Page_245">[Pg 245]</a></span> +for him to the Court, and that the Court will then +be pleased to put them for him to the witnesses. It +is every day's practice at the courts of Westminster, +Old Bailey, and in the Circuit.</p></div> + +<p><i>Vernon</i> replied that the matter was entirely +in the discretion of the Court, and that Shepard +could ask for nothing as a matter of right.</p> + +<div class="blockquot"><p>The judges, I apprehend, act as they see fit on +these occasions, and few of them (as far as I have +observed) walk by one and the same rule in this +particular; some have gone so far as to give leave +for counsel to examine and cross-examine witnesses, +others have bid counsel propose their questions to +the court; and others again have directed that the +prisoner should ask his own questions; the method +of practice in this point is very variable and uncertain; +but this we certainly know, that by the settled rule +of law the prisoner is allowed no other counsel but +the court in matters of fact, and ought either to ask +his own questions of the witnesses, or else propose +them himself to the Court.</p></div> + +<p>He then asked Jarrit Smith one more question, +to which he replied.</p> + +<div class="blockquot"><p><span class="smcap">Vernon</span>—Sir, I think you were present when +Mr. Goodere was brought to Bristol after his brother's +being killed; I'd be glad to know whether you then +heard him say anything, and what, concerning this +foul business?</p> + +<p><span class="smcap">Smith</span>—I was present when Mr. Goodere was +brought to Bristol after this murder happened, when +he was asked (before the justices) about the seizing,<span class="pagenum"><a name="Page_246" id="Page_246">[Pg 246]</a></span> +detaining and murdering sir John Dineley; and he +then directly answered that he did not know that +his brother was murdered or dead. He was then +asked in relation to the manner of seizing him, and +carrying him away; he said he knew nothing of it +till he came to the boat, and when he came there he +saw his brother in the boat; but he did not know +that his brother had been used at that rate.</p> + +<p><span class="smcap">Shepard</span>—Mr. Smith, Sir, you are speaking about +sir John; by what name did you commonly call him?</p> + +<p><span class="smcap">Smith</span>—Sir John Dineley Goodere.</p> + +<p><span class="smcap">The Recorder</span>—Mr. Goodere, have you any questions +to ask Mr. Smith?</p> + +<p><span class="smcap">Goodere</span>—Yes, Sir. Mr. Smith, I ask you what +sir John Dineley's business was with you, and how +much money were you to advance?</p> + +<p><span class="smcap">Smith</span>—Five thousand pounds, Sir; and I told him +that I was satisfied that it was a good title.</p> + +<p><span class="smcap">Goodere</span>—I ask you if you knew him to be a knight +and a baronet?</p> + +<p><span class="smcap">Smith</span>—I can't tell; I never saw the letters patent.</p> + +<p><span class="smcap">Goodere</span>—Can't you tell how you styled him in the +writings?</p></div> + +<p><i>Vernon</i> objected to this, because baronetage +must be derived from letters-patent, and therefore +could not be properly proved by Mr. Smith's +personal knowledge; and added that it was not +material, because the indictment alleged that the +person murdered was Sir John Dineley Goodere, +and the prosecution would prove that he usually +went by that name.</p> + +<p>To this <i>Shepard</i> answered that if the person<span class="pagenum"><a name="Page_247" id="Page_247">[Pg 247]</a></span> +killed was a baronet, and was not so described, +there was a misdescription, and the prisoners +could not be convicted on that indictment.</p> + +<p><i>Vernon</i> then argued at some length that the +necessity of setting out a personal description in +an indictment applied only to the defendant, +and that all that the law required in the description +of the person on whom the offence was +committed was a convenient certainty; and +that a description by the Christian and surname +sufficed. Besides, this was all begging the question, +for as it did not appear in proof that the +deceased was a baronet, he might, for all that +appeared judicially, have been christened Sir +John.</p> + +<div class="blockquot"><p>Had we called the deceased in the indictment sir +John Dineley Goodere baronet, then, Sir, we should +probably have been told that we had failed in proof +of the identity of the person, for that the baronetage +was in its creation annexed to, and made a concomitant +on, the patentee's name of Goodere, and waited +only on that name; and that the deceased, considered +as a baronet, was not of the maternal name of Dineley, +and so upon the matter no such person as sir +John Dineley Goodere baronet ever existed <i>in rerum +natura</i>.<a name="FNanchor_53_53" id="FNanchor_53_53"></a><a href="#Footnote_53_53" class="fnanchor">[53]</a></p></div> +<p><span class="pagenum"><a name="Page_248" id="Page_248">[Pg 248]</a></span></p> +<p><i>Shepard</i> pointed out that they could not be +expected to produce letters-patent to show that +the deceased was a baronet, because the prisoner +had not been allowed to see, or to have a copy +of his indictment; and that it was only on hearing +it read that the defence became aware that +the deceased was not described as a baronet. +He therefore hoped that Goodere might be +allowed to ask the question he proposed of +Mr. Smith, who having been familiar with Sir +John, and seen all his papers and title-deeds, +must know the certainty of his title and degree.</p> + +<p><i>The Recorder</i> held that it was sufficient if the +deceased was described by his Christian and +surname; and that the question proposed to +the witness was improper, for that it was not +material whether the deceased was a baronet +or not.<a name="FNanchor_54_54" id="FNanchor_54_54"></a><a href="#Footnote_54_54" class="fnanchor">[54]</a></p> + +<p><i>Morris Hobbs</i> was the landlord of the White +Hart. He could see Mr. Jarrit Smith's house +from his windows; and had seen the prisoners +before.</p> +<p><span class="pagenum"><a name="Page_249" id="Page_249">[Pg 249]</a></span></p> +<div class="blockquot"><p><span class="smcap">Vernon</span>—I would not lead you in your evidence, +but would be glad you'd give an account to Mr. +Recorder, and the jury, whether Mr. Goodere (the +gentleman at the bar) applied to you about coming to +your house; if so, pray tell us when it was, and upon +what occasion?</p> + +<p><span class="smcap">Hobbs</span>—The 12th of January (which was on +Monday) captain Goodere and Mahony came to my +house; captain Goodere asked my wife, Have you +good ale here? She said, Yes; he also asked, What +place have you over-head? I answered, A closet, a +place where gentlemen usually sit to look out. Will +you please to let me see it, says he? Yes, Sir, said I. +I went up to shew it, he and Mahony went up; the +captain said it was a very fine prospect of the town; +he asked for a pint of ale, I drawed it, and he gave it +to Mahony, he drank it: and then the captain asked +my wife, whether he might have a dish of coffee made +to-morrow morning? Sir, said she, it is a thing I +don't make use of in my way; but, if you please, I +will get it for you. Then he told her, he would be +there to-morrow morning by about nine o'clock. +Mahony was by then.</p> + +<p><span class="smcap">Vernon</span>—Did you hear this discourse pass between +your wife and Mr. Goodere?</p> + +<p><span class="smcap">Hobbs</span>—Yes, I did, and then the captain paid for +his pint of ale, and went away; and the next morning +(being Tuesday the 13th of January) he came again +to my house before my wife was up, and I was making +the fire (for I keep no servant). I did not know him +again, I thought he was another man; says he, Landlord, +can't you open them windows in the parlour? +I told him, I would, and so I did; he looked out, and +I thought that he had been looking for somebody<span class="pagenum"><a name="Page_250" id="Page_250">[Pg 250]</a></span> +coming from College prayers. He asked where my +wife was? Says I, she is a-bed: because, said he, I +talked with her about having some coffee for breakfast. +I told him, she should come down presently, +but I had much rather he would go down to the +coffee-house, where he would have it in order. No, +says he, I will have it here. My wife came down, he +asked if he might go upstairs where he was before; +he went up, and by and by Mahony and three men +more came in; I did not know Mahony's name; +when they came in, the captain was above stairs; he +directed me to make his men eat and drink whatever +they would, and he would pay for it; I brought them +bread and cheese, they eat what they pleased; Mahony +went backwards and forwards, up stairs and down +several times; he went out, but where, or what for, +I did not know.</p> + +<p><span class="smcap">Vernon</span>—Did Mahony, when he went up stairs, go +in to Mr. Goodere?</p> + +<p><span class="smcap">Hobbs</span>—Yes, several times; Mahony put the coffee, +and some bread and butter, and made the toast, and +did everything for the captain, I thought he had been +his footman. When the captain had breakfasted, and +had made the men welcome, he shifted himself (some +porter brought fresh clothes to him). By and by a +man rid along, who, I believe, was sir John Goodere's +man, with pistols before him; I heard somebody say +that it was his man: and soon after the captain had +shifted himself, Mahony went out about a quarter +of an hour, and came back sweating, and went up to +the captain; and I looking out of the window saw the +man on horseback, and leading another horse (which +I took to be his master's) and by and by sir John +mounted, and rid down between my house and the<span class="pagenum"><a name="Page_251" id="Page_251">[Pg 251]</a></span> +church; and I had some glimpse of him, and heard +the captain say, Look well at him, but don't touch +him.</p> + +<p><span class="smcap">The Recorder</span>—This you heard the gentleman +above stairs say to the four men below?</p> + +<p><span class="smcap">Hobbs</span>—Yes, Sir, he spoke these words to the four +who came in.</p> + +<p><span class="smcap">Vernon</span>—Did sir John and his man appear to have +any arms?</p> + +<p><span class="smcap">Hobbs</span>—Yes, Sir, they had both pistols before +them.</p> + +<p><span class="smcap">Vernon</span>—Those men that were along with Mahony, +do you know what ship they belonged to?</p> + +<p><span class="smcap">Hobbs</span>—There was a young man, I believe something +of an officer, came to my wife, and asked her, +Is the captain of the man-of-war here? She answered +that she did not know; but there was a gentleman +above, and there were six other men besides in the +other room in another company, which I did not +know belonged to the captain, until he ordered six +pints of ale for them. The captain ordered entertainment +for ten men.</p> + +<p><span class="smcap">Vernon</span>—Where were those six men?</p> + +<p><span class="smcap">Hobbs</span>—In the kitchen; they did not belong to +the man-of-war, nor were not in company with the +other four.</p> + +<p><span class="smcap">Vernon</span>—Now, will you proceed to give an account +what followed upon Mr. Goodere's saying, Look well +at him, but don't touch him.</p> + +<p><span class="smcap">Hobbs</span>—As soon as sir John went down the hill, +this Mahony stept up to the captain and came down +again, and he and the other three in his company +went down the hill, and the captain followed them; +the clothes which the captain pulled off were left in<span class="pagenum"><a name="Page_252" id="Page_252">[Pg 252]</a></span> +the room; when the captain was going out at the +door with his sword and cloak, I thought I was pretty +safe of my reckoning, because of his clothes being +left. The captain said at the door, Landlady, I will +come back and pay you presently.</p> + +<p><span class="smcap">Vernon</span>—How long was it before Mr. Goodere +returned to your house?</p> + +<p><span class="smcap">Hobbs</span>—He came again in about a quarter of an +hour: When he came again, he went upstairs, +changed a guinea, he asked what was to pay? I +told him four shillings and one penny half-penny, +and then went away. About an hour and a half +after Mahony and the other came again, sweating, +and said they had been a mile or two out in the +country. Mahony asked credit for a tankard of ale, +and said his master would come up on Saturday +following, and then he would pay for it: Well, said +I, if he is to come up on Saturday, I will not stand +for a tankard of ale; but if he don't come, how shall +I have my reckoning? Says Mahony, I live at the +Scotch arms in Marsh-street. Well, said I, I will +not deny drawing you a tankard of ale, if you never +pay me. Said he, You had best get the room ready +against Saturday, and make a fire, and just dust it.</p> + +<p><span class="smcap">Vernon</span>—Pray, when Mr. Goodere went away from +your house was he in the same dress as when he came +that day?</p> + +<p><span class="smcap">Hobbs</span>—No, Sir. When he came there he had a +light-coloured coat, and he looked like a country +farmer at his first coming in; but when he was out, +he had a scarlet cloak on, wore a sword, and had a +cane in his hand; a porter brought him the things.</p> + +<p><span class="smcap">Vernon</span>—Do you know any thing of what happened +on the Sunday following?<span class="pagenum"><a name="Page_253" id="Page_253">[Pg 253]</a></span></p> + +<p><span class="smcap">Hobbs</span>—Yes, Sir; the Sunday morning Mahony +came to my house, having trousers, a short jacket +and leather cap on, asked for a quart of ale, this was +Sunday: My wife said, Don't draw any more upon +tick. Mahony gave a sixpence and paid for it, and +said, See that the room be clear, the captain will be +up in the afternoon, and then he will be here; And +as he was going out of the house, he said to me, If +you fortune to see that gentleman go up with the +black cap before that time, do you send a porter to +me to the Scotch arms. I told him I had no porter, +and could not send. About 3 o'clock in the afternoon +when he came again with a person who had a scalled +face, and one or two more, a man who lodged in the +house came and told me, that they wanted to go up +stairs; but I would not let them, because it was in +service-time. They all went into the parlour, and +had a quart of ale, and when that was drunk, Mahony +called for another; and then eight or nine men more +came and called for ale, and went into the parlour, but +still kept looking out; and one of them being a little +fellow, I don't know his name, kept slamming the +door together, ready to break the house down. Says +I, Don't break my house down about my ears, don't +think you are in Marsh-street; then the little fellow +came up as if he was going to strike me, as I was +coming up out of the cellar with a dobbin of ale in +my hand, for a gentleman going to the college; I +saw this gentleman (pointing to the prisoner Samuel +Goodere) and the deceased walk down the hill, I +looked after them, and so did Mahony; and then all +those men rushed out, and followed them. Mahony +paid the reckoning, and went away: I ran in to see +after my tankard for I was more afraid of losing that<span class="pagenum"><a name="Page_254" id="Page_254">[Pg 254]</a></span> +than the reckoning. And that is all I do know from +the beginning to the end.</p> + +<p><span class="smcap">Vernon</span>—How long did he continue at your house +on the Sunday?</p> + +<p><span class="smcap">Hobbs</span>—I believe, Sir, an hour and a half; and +there was some or other of them still looking out +and waiting at the door.</p> + +<p><span class="smcap">The Recorder</span>—You say that Mahony desired you +that if you saw the gentleman in the black cap go by, +to send a porter; who did you apprehend that gentleman +to be?</p> + +<p><span class="smcap">Hobbs</span>—The gentleman that rode down the +Tuesday.</p> + +<p><span class="smcap">One of the Jury</span>—To what place were you to send +the porter?</p> + +<p><span class="smcap">Hobbs</span>—To the Scotch arms in Marsh-street, where +Mahony lodged, if the gentleman in the black cap +did go up to Mr. Smith's.</p> + +<p><span class="smcap">Vernon</span>—I think, you say, you saw Mr. Goodere +on the Sunday go down the hill, after the gentleman +in the black cap?</p> + +<p><span class="smcap">Hobbs</span>—I did, Sir; but nobody at all was with him.</p> + +<p><span class="smcap">Goodere</span>—Did you see me at all that day?</p> + +<p><span class="smcap">Hobbs</span>—Yes, Sir, I saw you go into Mr. Jarrit +Smith's; and when you came down the hill, after +the gentleman in the black cap, you called out to +Mahony and his company, and bid them to look +sharp.</p> + +<p><span class="smcap">Goodere</span>—Did you see anybody with me that day? +I was not at your house that day.</p> + +<p><span class="smcap">Hobbs</span>—I did not say you were; but as you was +going to Mr. Jarrit Smith's, I heard one of your men +say, There goes our captain, or else I had not looked +out.<span class="pagenum"><a name="Page_255" id="Page_255">[Pg 255]</a></span></p> + +<p><span class="smcap">Mahony</span>—I beg leave, my lord, to ask him, who it +was that the captain bid Mahony to look sharp to?</p> + +<p><span class="smcap">Hobbs</span>—The gentleman with the black cap.</p> + +<p><span class="smcap">The Recorder</span>—Was the gentleman in the black +cap, at whose going by they all rushed out, the same +gentleman whom you had seen before go to Mr. +Jarrit Smith's?</p> + +<p><span class="smcap">Hobbs</span>—Yes, Sir, but Mahony gave half-a-crown +for my reckoning, and as they rushed out so hastily, +I was afraid they had taken away my tankard; for +which reason I went to look after it, and saw no +more.</p></div> + +<p class="center"><i>Thomas Williams, sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Vernon</span>—Mr. Williams, I think you belonged to +the <i>Ruby</i> at the time when this melancholy affair +happened?</p> + +<p><span class="smcap">Williams</span>—Yes, Sir.</p> + +<p><span class="smcap">Vernon</span>—What station were you in?</p> + +<p><span class="smcap">Williams</span>—I was ordered to walk the quarter-deck.</p> + +<p><span class="smcap">Vernon</span>—Will you give an account of what you +know in relation to the ill-treatment of sir John +Dineley Goodere? Tell all you know about it.</p> + +<p><span class="smcap">Williams</span>—I came up on Sunday the 18th day of +January last for my commander, went to his lodgings, +he was not at home. I was told there that he dined +that day at Dr. Middleton's and he was just gone +there. I went to Dr. Middleton's after him, and +he was just gone from thence; I then returned +to his lodgings and found him there; I told him +the barge was waiting for his honour. He asked +me if I knew the river, and if I knew the brick-yard +at the lime-kilns? I told him that I knew the lime-kilns, +and at last I recollected that I did remember<span class="pagenum"><a name="Page_256" id="Page_256">[Pg 256]</a></span> +the brick-yard he meant. That is well enough, says +he. While I was there, Mahony came up to him, +and the captain desired of me to go down stairs, for +he wanted to speak to Mahony in private. I went +down stairs, by and by Mahony came down and went +away; then I went up to captain Goodere again, when +he directed me to get all the hands together, and +go down into the barge, and, says he, let it be landed +at the brick-yard. He asked me, if I knew the White +Hart in the College Green? I told him, I did, and +he directed me to take eight men up with me to the +White Hart, and let two remain in the boat for I +have a gentleman coming on board with me. I did +as I was ordered; and when I came to the White +Hart, I saw Mahony and some of the privateer's +men with him there in a room; I did not like their +company; I went into the kitchen; I asked the +landlord to make me a pint of toddy; he asked me, +whether I would have it hot or cold; I told him a +little warm; he was going about it but before it was +made, Mahony and the privateer's men rushed out +of the house: I seeing that, followed them; they had +the gentleman in possession before I came to them, +and were dragging him along. I asked them what +they were at? One of the privateer's men told me, +if I did not hold my tongue he would throw me +over the key into the river, and immediately captain +Goodere came there himself; The privateer's men +asked what they should do with him, and he directed +them to take him on board the barge. I followed them +down the butts, the gentleman cried out Murder, +murder! Mr. Stephen Perry, the anchor-smith, came +out of his house, and asked me what was the matter; +I told him I did not know: Mahony said he was a<span class="pagenum"><a name="Page_257" id="Page_257">[Pg 257]</a></span> +murderer, he had killed a man on board the man-of-war, +and that he had run away; they had carried him +before a magistrate, and he was ordered back to the +man-of-war to be tried by a court-martial.</p> + +<p><span class="smcap">The Recorder</span>—Was the captain within hearing at +the time Mahony said that?</p> + +<p><span class="smcap">Williams</span>—He was just behind.</p> + +<p><span class="smcap">The Recorder</span>—Was he within hearing?</p> + +<p><span class="smcap">Williams</span>—He was; and when they had brought +him into the barge captain Goodere desired to have +the cloak put over sir John to keep him from the +cold, but sir John said he did not want a cloak, neither +would he have it. The privateer's men wanted me to +put them on the other side the water, but I said I +would not without the captain's orders. They asked +the captain, and he directed me to do it, and I put +them ashore at the glass-house, and just as we came +over against the hot-wells, there was a gentleman +standing whom sir John knew, to whom sir John cried +out, Sir, do you know Mr. Jarrit Smith? But before +he could speak any more, the cloak was thrown over +him to prevent his crying out, and the captain told +me to steer the barge on the other side, until we got +clear of the noise of the people; and when we were +got clear, he directed me to steer the boat in the +middle, as I ought to do. I obeyed his orders.</p> + +<p><span class="smcap">The Recorder</span>—Who threw the cloak over him?</p> + +<p><span class="smcap">Williams</span>—The captain. And the captain being as +near to sir John as I am to your lordship, sir John +asked the captain what he was going to do with him? +Says the captain, I am going to carry you on board, to +save you from ruin, and from lying rotting in a gaol.</p> + +<p><span class="smcap">Vernon</span>—And what reply did sir John make to +that?<span class="pagenum"><a name="Page_258" id="Page_258">[Pg 258]</a></span></p> + +<p><span class="smcap">Williams</span>—He said, I know better things, I believe +you are going to murder me; you may as well throw +me overboard, and murder me here right, as carry me +on board ship and murder me. No, says the captain, +I am not going to do any such thing, but I would have +you make your peace with God. As I steered the +boat, I heard all that passed. We brought sir John +on board between 7 and 8 o'clock, he could hardly go +up into the ship, he being so benumbed with cold; +he did go up of his own accord, with the men's +assistance.</p> + +<p><span class="smcap">Vernon</span>—How was he treated on board the man-of-war?</p> + +<p><span class="smcap">Williams</span>—Sir, I don't know how they treated him +after he went on board the ship. I was excused from +watching that night so I went to my hammock; but +after I was got out of my first sleep, I heard some +people talking and walking about backwards and +forwards: I was surprised; at last I peeped out of my +hammock, and asked the centinel what was o'clock. +He said, between two and three. And then I saw +captain Goodere going down the ladder from the deck +towards the purser's cabin, but for what intention +I know not. I believe he came from his own cabin.</p> + +<p><span class="smcap">The Recorder</span>—Whereabout is the purser's cabin?</p> + +<p><span class="smcap">Williams</span>—The purser's cabin is in a place called +the Cockpit, the lower steps of the ladder is just by +the door of the purser's cabin.</p> + +<p><span class="smcap">The Recorder</span>—And it was that ladder you saw the +captain go down, was it?</p> + +<p><span class="smcap">Williams</span>—Yes, Sir, it was.</p> + +<p><span class="smcap">Vernon</span>—Mr. Williams, you have not told us all +the particulars of sir John's treatment between the +seizing and carrying him to the barge.<span class="pagenum"><a name="Page_259" id="Page_259">[Pg 259]</a></span></p> + +<p><span class="smcap">Williams</span>—One of the men had hold of one arm, +and another the other, and a third person was behind +shoving him along.</p> + +<p><span class="smcap">Vernon</span>—Where was captain Goodere then?</p> + +<p><span class="smcap">Williams</span>—He was just behind him.</p> + +<p><span class="smcap">Vernon</span>—How near was he to him?</p> + +<p><span class="smcap">Williams</span>—Sometimes he was as near to him as I +am to you.</p> + +<p><span class="smcap">The Recorder</span>—How many were there in the +company, do you think, in the rope-walk, when they +were carrying sir John along?</p> + +<p><span class="smcap">Williams</span>—There were five of the privateer's men, +and Mahony made six, and there were nine belonging +to the barge; about sixteen in all.</p> + +<p><span class="smcap">Recorder</span>—At what distance were you?</p> + +<p><span class="smcap">Williams</span>—At a pretty great distance; I walked +just before them; I saw them take him along in the +manner I have said; I heard sir John cry out murder +several times as he went, as they took him along the +rope-walk.</p></div> + +<p>In answer to Goodere, the witness said that he +slept on the starboard side of the gun-room, +and that he could see people coming down into +the cockpit, because the gun-room came unusually +far out; there was no other cabin but +the purser's in the cockpit. He did not know +where the ship lay, being but a foremast man.</p> + +<p class="center"><i>Samuel Trivett, sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Vernon</span>—Will you give an account to Mr. Recorder +and the Jury of what you know relating to this +business?<span class="pagenum"><a name="Page_260" id="Page_260">[Pg 260]</a></span></p> + +<p><span class="smcap">Trivett</span>—On Sunday the 18th of January last, I +was at a public meeting in the rope-walk; I heard a +noise of people cried, Damn ye, stand off, or else +we will knock your brains out; I stepped up, and +asked what right they had to carry a man along after +that manner? I followed them: their answer was, it +was a midshipman who had committed murder, and +they were taking him down to the ship to do him +justice; other people likewise followed, enquiring +what was the matter the gentleman was behind, and +ordered them to make more haste.</p> + +<p><span class="smcap">Vernon</span>—Look upon the prisoner at the bar, +Mr. Goodere; is that the gentleman that ordered +them to make more haste?</p> + +<p><span class="smcap">Trivett</span>—I believe that is the man, my lord. On +the gentleman's ordering them to make more haste, +five or six of them caught him up in their arms, and +carried him along; and as they were got down about +the corner of Mr. Brown's wall, he insisted upon their +making more dispatch, and then they hurried him +as far as captain Osborn's dock. By that time his +clothes were ruffled and shoved up to his arm-pits; +they put him down, and settled his clothes, and then +I saw his face, and knew him to be sir John Dineley: +he cried out murder several times, and said, they were +taking him on board to kill him, he believed. As +they were going with him along, he cried out to +Mrs. Darby, For God's sake assist me, they are going +to murder me. I told Mrs. Darby it was sir John +Dineley: she said she knew him; the cloak was then +over his face. As they got him further, he called out +to a little girl, to get somebody to assist him, for they +were going to murder him. They pushed him along +to Mrs. New's house, and made a little stop there,<span class="pagenum"><a name="Page_261" id="Page_261">[Pg 261]</a></span> +and then they brought him to the water-side, where +was a boat; they put out a plank with ledges nailed +across: he was ordered to go on board the boat; they +got him on board, and put him to sit down in the +stern-sheet: then he cried out, For God's sake, +gentlemen, if any of you know Mr. Jarrit Smith in the +College-green, tell him my name is sir John Dineley. +One of the men put his cloak and covered him, and +before he could say any more, that gentleman (pointing +to the prisoner Goodere) took his hand and put it +on his mouth, and would not let him speak any +further, and ordered the boat to be pushed off, which +was done; and the tide making up strong, the boat +got almost to the other side. I heard that gentleman +(pointing as before) say, Have you not given the +rogues of lawyers money enough already? Do you +want to give them more? I will take care that they +shall never have any more of you; now I'll take care +of you.</p> + +<p><span class="smcap">The Recorder</span>—Prisoners, will either of you ask +this witness any questions?</p> + +<p><span class="smcap">Goodere</span>—No, I never saw the man before in my +life.</p></div> + +<p class="center"><i>Thomas Charmsbury, sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Charmsbury</span>—On Sunday the 18th of January last, +between the hours of four and five in the afternoon, +I was on board the ship called the <i>Levant</i>, lying in +Mr. Thompson's dock; I heard a noise coming over +the bridge of the dock, and I saw a man in a scarlet +cloak, and a parcel of people, some before and some +behind, guarding of him, and he made a noise. I +went towards them, to see what was the matter, and +at Mr. Stephen Perry's counting-house (they rested)<span class="pagenum"><a name="Page_262" id="Page_262">[Pg 262]</a></span> +I asked, what was the matter? They said, he had +killed a man on board a man-of-war; that he had run +away; and they had had him before a magistrate, and +he was ordered on board the king's ship to be carried +round to London to take his trial. Mr. Perry (on +hearing the noise) came out and saw him; says Mr. +Perry, Gentlemen, do you know what you are about? +I would not be in your coats for a thousand pounds, +for it is 'squire Goodere. They threatened to knock +down any that should come near; a fellow, I take +him to be Mahony, came up to me, and threatened to +knock me down several times. They took and carried +him as far as captain James Day's lofts and warehouse, +where he keeps his hemp; and there they rested him +again, and threatened to knock down any that should +come near them. Then said Mahony, Damn ye, here +comes the captain. Immediately I turned about, and +saw a gentleman with his cane poised in one hand, +and his sword in the other; he had a dark shag coat +and yellow buttons, whom I take to be that gentleman +the prisoner at the bar. They took up the man in +the scarlet cloak again, and carried him so far as +coming out from the lower College-green into the +rope-walk: the prisoner Goodere came up to them +and ordered them to mend their pace; they took him +up again, and carried him as far as Brown's garden, +at the lower end of the rope-walk, as fast as they +could well carry him, where they settled his clothes, +and in the meanwhile the prisoner Goodere came up +to them again, and ordered them to mend their pace. +With much difficulty they got him between the gate +and stile, and carried him as far as the warehouse +at the corner of the glass-house, there they rested and +settled his clothes again; then they took him up, and<span class="pagenum"><a name="Page_263" id="Page_263">[Pg 263]</a></span> +carried him down to the Lime-kilns, as far as the +lower part of the wall below madam New's; and then +brought him down to a place opposite to the King's-head, +and then they put him on board a boat (I take +it the man-of-war's barge) having ten oars, and they +handed him in. After, the prisoner Goodere went +into the boat after him, and set sir John on the +starboard-side, and the prisoner Goodere on the +larboard-side; then sir John cried out, Murder! you +gentlemen that are on shore, pray tell Mr. Jarrit +Smith that my name is Dineley, and before he could +say Goodere the gentleman took up the flap of the +cloak, threw it over the face of sir John, and stopped +his mouth; and says he, I will take care of you, that +you shall not spend your estate; and ordered the +barge to be put off; and then he took the gentleman's +cloak from his shoulders, and put it on his own.</p> + +<p><span class="smcap">The Recorder</span>—Who was it that stopped his mouth +with his cloak?</p> + +<p><span class="smcap">Charmsbury</span>—That gentleman the prisoner at the +bar. The boat was so full, had so many people in it, +that they were obliged to row but with eight oars: +and when they proceeded down the river, it being +about three quarters flood, and the gentleman continually +crying out, they went out of sight, and I saw +no more of them.</p></div> + +<p><i>Mrs. Darby</i>, who lived at the limekilns, saw +Sir John forced along between two men; he +was crying out, Murder, murder! for the Lord's +sake save me, save me, for they are going to kill +me. She knew Sir John very well; she had +mended his chair for him last summer; she was +told that the gentleman at the bar was the<span class="pagenum"><a name="Page_264" id="Page_264">[Pg 264]</a></span> +captain of the man-of-war; he was dressed in a +dark drab-coloured coat, and his waistcoat was +trimmed with gold. She heard Sir John cry +out something as he was being hurried into the +boat, but she could not hear what.</p> + +<p><i>William Dupree</i> was drinking at the King's +Head with a friend, and a young woman who +was reading at the window said she heard a +great noise, on which they went out, and saw +a company of men forcing a gentleman along, +the prisoner Goodere coming behind them. +They said that he had murdered a man, and that +they were taking him on board for justice. +They put him on the yawl, while Captain Goodere +stood by. He cried out, 'For God's sake! go +and acquaint Mr. Jarrit Smith, for I am undone, +they will murder me.' The witness went back +to the King's Head, where the people advised +him to go to Mr. Jarrit Smith and inform him of +it, which he did. When Sir John cried out he +saw Goodere put his hand on his mouth.</p> + +<p class="center"><i>Theodore Court, Master of the Ship, sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Vernon</span>—Will you tell Mr. Recorder and the jury +what you know concerning the death of sir John +Dineley Goodere?</p> + +<p><span class="smcap">T. Court</span>—On the 18th of January last, being +Sunday, the barge went up to fetch captain Goodere +from Bristol, and about seven of the clock in the +evening he came on board, and when he came into the +gangway, says he, How do you all do, gentlemen?<span class="pagenum"><a name="Page_265" id="Page_265">[Pg 265]</a></span> +Excuse me, gentlemen, from going the right way +to-night, for I have brought an old mad fellow on +board and I must take care of him. I saw a gentleman +with a black cap coming up the ship's side, and +his groans shocked me, so that I could not help him; +he looked much surprised as a person used ill; as +soon as he was on board he was taken into custody, +and carried by the captain's orders down to the cockpit, +and put into the purser's cabin, and a centinel +ordered upon him; and I saw him no more at that +time. Next morning I was told that the captain's +brother was murdered, and that the captain had given +Charles White and Mahony leave to go on shore.</p> + +<p><span class="smcap">The Recorder</span>—By whose direction was he put +into the purser's cabin?</p> + +<p><span class="smcap">T. Court</span>—The captain himself went down and +saw them put him in.</p> + +<p><span class="smcap">Vernon</span>—Whereabout in the ship is the purser's +cabin?</p> + +<p><span class="smcap">T. Court</span>—In the cock-pit.</p> + +<p><span class="smcap">Vernon</span>—Was it a place where gentlemen who +came on board commonly lay?</p> + +<p><span class="smcap">T. Court</span>—No, nobody had laid in it for a considerable +time. The next morning the cooper met +me, and said, Here is fine doings to-night, Mr. +Court! Why, what is the matter? said I. Why, +said he, about three o'clock this morning they went +down and murdered sir John. The ship was in an +uproar; the Cooper said, if Mr. Perry (the lieutenant) +did not secure the captain, he would write to +the board; we had several consultations in the ship +about it. The captain sent for me to breakfast with +him: I accepted his invitation; I can't say but he +behaved with a very good name to all the people on<span class="pagenum"><a name="Page_266" id="Page_266">[Pg 266]</a></span> +board. About ten o'clock Mr. Perry, myself, and +the other officers, with the cooper, consulted about +securing the captain. Mr. Perry cautioned us not to +be too hot; for, said he, if we secure the captain +before we know sir John is dead, I shall be broke, and +you too. We send for the carpenter, and desired +him to go down and open the cabin-door, the centinel +who stood there having said it was lock'd; the +carpenter went down, opened the cabin-door, and +came up, and said sir John was murdered; and that +he lay on his left side, with his leg up crooked. I told +them, gentlemen, there is nothing to be done before +the coroner comes; and therefore we must not touch +him: whereupon the door was ordered to be fastened +up; we then consulted how to take the captain, and +a method was agreed on for that purpose. And as +soon as the captain was taken, he declared he was +innocent of it, that he knew not that his brother +was murdered. When the coroner came, I saw the +deceased, and my heart ached for him.</p> + +<p><span class="smcap">The Recorder</span>—Who was it put the centinel upon +sir John?</p> + +<p><span class="smcap">T. Court</span>—The captain ordered it to be done.</p> + +<p><span class="smcap">Vernon</span>—Is it usual to place a centinel at the +purser's cabin-door?</p> + +<p><span class="smcap">T. Court</span>—No, it is not; unless there be somebody +there under confinement.</p> + +<p><span class="smcap">Vernon</span>—Is there any other cabin near the +purser's?</p> + +<p><span class="smcap">T. Court</span>—Yes, there is the slop-room just by; +there the cooper and his wife lay that night: there is +just a little partition of about half-inch deal, parting +the slop-room from the place where sir John lay +confined.<span class="pagenum"><a name="Page_267" id="Page_267">[Pg 267]</a></span></p> + +<p><span class="smcap">Vernon</span>—Pray, will you tell us whether any and +what discourse passed between Mr. Goodere and you, +about sailing, and when it was?</p> + +<p><span class="smcap">T. Court</span>—Sir, in the morning he asked me, Will +the wind serve to sail? He said, he had another +pressing letter from the lords of the admiralty to sail +as soon as possible. I told him that the wind was +west-south-west, and that we could not go out to sea; +for no pilot would take charge of the ship I believed. +And as this is a harbour where a pilot is allowed, I +don't pass for this place; otherwise I must have +observed his orders.</p> + +<p><span class="smcap">Vernon</span>—Did he acquaint you how far or to what +part, he would have you sail?</p> + +<p><span class="smcap">T. Court</span>—Yes, he said, if he got no further than +the Holmes, he did not care; and asked me if it was +safe riding there. I told him it was not; for it was +foul ground for such a ship as ours.</p> + +<p><span class="smcap">The Recorder</span>—Mr. Goodere, will you ask this +witness any questions?</p> + +<p><span class="smcap">Goodere</span>—What cabins are there in the cock-pit?</p> + +<p><span class="smcap">T. Court</span>—I know no cabins there but the purser's +cabin and the slop-room, etc.</p> + +<p><span class="smcap">Vernon</span>—Call Mr. Williams.</p></div> + +<p><i>William Williams</i> produced a watch which he +had found in a vault in Back Street. Culliford, +who kept the Brockware Boat on the Back, had +reported at the Council House, when he was +examined there, that a watch and some money +had been left at his house; but his wife, when +asked for them, denied the watch, but afterwards +admitted that she had thrown it into<span class="pagenum"><a name="Page_268" id="Page_268">[Pg 268]</a></span> +the vault where the witness afterwards found +it.</p> + +<p><i>T. Court</i> said that the captain had had a watch +like the one produced. In answer to Goodere, +he said that there were in the cockpit the +steward's room, the purser's cabin, and the slop-room. +The ship had been moored on Thursday +the 15th of January. When Sir John was +murdered she lay in the King Road; the witness +then described the position of the ship with +greater detail.</p> + +<p><i>Vernon</i> interposed to state that the ship was +in the King Road, which was well known to be +within the franchise of the city: the sheriffs +of the city continually executed writs there; and +such a serious matter ought not to be decided +on a side wind.</p> + +<p><i>Duncan Buchanan</i>, one of the crew of the <i>Ruby</i>, +was ordered to go to the White Hart on +Tuesday the 13th of January, and there were +Mahony and the privateer's men drinking hot +flip. He saw a gentleman come out of Mr. +Smith's; he was mounted, and had pistols before +him; he was followed by a servant, also armed. +Some of the men ran out, and Goodere followed +them and ordered them to follow the gentleman. +On the 18th, the barge came alongside +the ship, about seven in the evening, with the +gentleman in it. The witness stood in the gangway +to receive him.<span class="pagenum"><a name="Page_269" id="Page_269">[Pg 269]</a></span></p> + +<div class="blockquot"><p>When he came up, I heard him make a moan, and +the captain said, I have brought a madman on board, +bring him along, I will bring him to his senses by-and-by. +I saw them take him along the gangway. +You must not mind what he says, said the +captain; and he was ordered down to the purser's +cabin: I was ordered centinel there. About twelve +o'clock the captain sent for me to come up to him, +and I laid down my sword and went up, and Mahony +was there with him; and there was a bottle of rum +and a glass before them: the captain asked me to +drink a dram, I thanked him and drank. He asked +me how his brother was? I told him he groaned a +little; says the captain, I know the reason of that, he +is wet, and I am coming down by-and-by to shift him +with dry stockings: so I left the captain and Mahony +together. Some time after the captain came down to +me as I was at my post at the purser's cabin; he +asked if his brother made a noise; I told him no; +upon which the captain listened a little time at the +door, and then said, Give me the sword, and do you +walk upon deck, for I want to speak to my brother +in private. Soon after this Mahony went down, and +very soon after Mahony was down, I heard a great +struggling in the cabin, and the gentleman cry out +Murder! I then thought the gentleman had been in +one of his mad fits; but now I suppose they were +then strangling him. As I was walking to-and-fro in +the gun-room, I looked down, and saw the captain +take the candle out of the lanthorn, which was hanging +up there, and he gave the candle into the +cabin.</p> + +<p><span class="smcap">The Recorder</span>—Where was Mr. Goodere when you +heard the cry of murder?<span class="pagenum"><a name="Page_270" id="Page_270">[Pg 270]</a></span></p> + +<p><span class="smcap">Buchanan</span>—In the cock-pit by the purser's cabin-door, +with the sword in his hand.</p> + +<p><span class="smcap">The Recorder</span>—What time of the night was this?</p> + +<p><span class="smcap">Buchanan</span>—Between two and three o'clock; I lighted +a candle at the lanthorn in the gun-room, and was +going down to the captain with it, as supposing him +to be without light; and as I was going down with it, +the captain held up his sword, waved it, and said, Go +back, and stay where you are.</p> + +<p><span class="smcap">The Recorder</span>—You said that sir John Dineley +cried out Murder! Was that before you offered the +candle to the captain?</p> + +<p><span class="smcap">Buchanan</span>—Yes, Sir; it was before.</p> + +<p><span class="smcap">The Recorder</span>—How long?</p> + +<p><span class="smcap">Buchanan</span>—About a quarter of an hour.</p> + +<p><span class="smcap">The Recorder</span>—How long did the cry of murder +continue?</p> + +<p><span class="smcap">Buchanan</span>—About three or four minutes; soon +after the captain had ordered me to keep back, he +called for a candle, and I carried one down, and he +gave me the sword, and bid me stand upon my post; +and said he, if my brother makes any more noise, +let him alone and send for me; and he locked the +purser's cabin-door, and took the key away with him; +and in the morning the doctor's mate, the cooper, and +I consulted together about it; and I was willing to +know, if sir John was dead or not: and when we +peeped into the cabin, we saw him lying in a very +odd sort of posture, with his hat over his face, and +one of his legs lay crooked; upon which we concluded +he was dead.</p> + +<p><span class="smcap">The Recorder</span>—How long were you off your post +from first to last?</p> + +<p><span class="smcap">Buchanan</span>—I can't tell exactly.<span class="pagenum"><a name="Page_271" id="Page_271">[Pg 271]</a></span></p> + +<p><span class="smcap">The Recorder</span>—Recollect as well as you can.</p> + +<p><span class="smcap">Buchanan</span>—About three quarters of an hour.</p> + +<p><span class="smcap">The Recorder</span>—And could you see who was at +the purser's cabin-door all that time?</p> + +<p><span class="smcap">Buchanan</span>—Yes, Sir; I saw the captain stand at +the foot of the ladder at the door, with a drawn +sword, from the time I went up to the time I came +down again; he locked the door, and carried the key +away with him.</p> + +<p><span class="smcap">Vernon</span>—Pray, were there any bolts on the purser's +cabin-door?</p> + +<p><span class="smcap">Buchanan</span>—Yes, there were bolts on the door; +they were put on soon after sir John came on board: +sir John was in that cabin when they were put on.</p> + +<p><span class="smcap">Vernon</span>—You say you heard a noise and outcry of +murder; how far were you from the cabin-door when +you heard that cry of murder?</p> + +<p><span class="smcap">Buchanan</span>—I was walking to-and-fro the gun-room.</p> + +<p><span class="smcap">Vernon</span>—How far is that from the purser's cabin-door?</p> + +<p><span class="smcap">Buchanan</span>—As far as I am from you.</p> + +<p><span class="smcap">Vernon</span>—Whom did you see go into the purser's +cabin to sir John?</p> + +<p><span class="smcap">Buchanan</span>—I saw Mahony go in there.</p> + +<p><span class="smcap">Vernon</span>—Did you see any other person go in besides +Mahony?</p> + +<p><span class="smcap">Buchanan</span>—No, I did not; I saw Mahony go in just +before the cry of murder, but no other person.</p> + +<p><span class="smcap">Vernon</span>—Do you know any thing about securing +the captain?</p> + +<p><span class="smcap">Buchanan</span>—Yes, I will tell you what happened +then. We went and secured him. As soon as he +was laid hold of, he cried out, Hey! hey! what have +I done? We told him his brother was murdered, and<span class="pagenum"><a name="Page_272" id="Page_272">[Pg 272]</a></span> +that he had some concern in it. He said, What if +the villains have murdered my brother, can I help it? +I know nothing of it.</p> + +<p><span class="smcap">Goodere</span>—Did you see me in the cabin at all?</p> + +<p><span class="smcap">Buchanan</span>—No, Sir, I don't say you were in the +cabin.</p> + +<p><span class="smcap">The Recorder</span>—Mr. Goodere, the witness does +not say he saw you in the cabin, but at the door, and +with a sword in your hand, and that you handed in a +light after the cry of murder was over.</p> + +<p><span class="smcap">Goodere</span>—I could not have been in the cabin without +Buchanan's seeing me go in, because he stood at +the bulkhead of the gun-room.</p> + +<p><span class="smcap">The Recorder</span>—Mahony, will you ask this witness +any questions?</p> + +<p><span class="smcap">Mahony</span>—Are you certain that I was in the cabin +when you heard the groans?</p> + +<p><span class="smcap">Buchanan</span>—I am positive you were there in the +purser's cabin when I heard the murder cried out.</p></div> + +<p class="center"><i>Daniel Weller, sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Vernon</span>—I think you are the carpenter belonging +to the <i>Ruby</i> man-of-war?</p> + +<p><span class="smcap">Weller</span>—Yes, Sir, I am.</p> + +<p><span class="smcap">Vernon</span>—Give an account to Mr. Recorder and the +jury of what you know relating to this business.</p> + +<p><span class="smcap">Weller</span>—The 18th of January last, about seven +o'clock in the evening, the captain came on board in +the barge; as I attended him, I observed he seemed +in a pleasant humour, he came upon the deck at once, +and said he had brought a poor crazy man on board, +who had been the ruin of himself and family, and +that he had now brought him on board to take care<span class="pagenum"><a name="Page_273" id="Page_273">[Pg 273]</a></span> +of him: he took him down to the cock-pit, and having +been there a little while, one of my people came and +asked for some bolts; I asked, What for? He told +me it was to put on the outside of the purser's cabin-door, +to bolt the crazy gentleman in. I gave him a +bolt; after he had nailed it on, he came and wanted +another: I had another, gave it to him, and went down +to see the bolts put on. Sir John cried out, What +are you doing, nailing the door up? I answered, No. +I ordered the door to be opened, to turn the points of +the nails. The door being opened, sir John asked +whether the carpenter was there? I told him I was +the man. The centinel told me no-body must go in +there; however, I went in, while they turned the +points of the nails. Sir John bid me sit down, and +asked me, What does my brother mean by bringing +me on board in this manner, to murder me? No, Sir, +says I, I hope not, but to take care of you. He asked +me, if his brother told me that he was mad? I saw +no more of him till next morning.</p> + +<p><span class="smcap">Vernon</span>—And what did you see then?</p> + +<p><span class="smcap">Weller</span>—Next morning the lieutenant sent me +down to see if sir John was dead. I went down and +asked the centinel for the key; he told me the captain +had been there in the night, and had taken away the +key in his pocket. I broke open the cabin-door, and +sir John was lying on one side dead, with his right +leg half up bent, his hat was over his face, with +blood bespattered about his mouth and nose. I went +directly up, and told the lieutenant of it.</p> + +<p><span class="smcap">The Recorder</span>—By whose orders did you put the +bolts on the door?</p> + +<p><span class="smcap">Weller</span>—One of my people came to me for bolts, +and told me he was ordered by the captain to put the<span class="pagenum"><a name="Page_274" id="Page_274">[Pg 274]</a></span> +bolts on; and none of them ever came for any thing +to be done, without an order of an officer.</p></div> + +<p class="center"><i>Edward Jones, sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Vernon</span>—Mr. Jones, I think you are the cooper of +the ship <i>Ruby</i>?</p> + +<p><span class="smcap">Jones</span>—Yes, Sir.</p> + +<p><span class="smcap">Vernon</span>—Were you on board upon Sunday the 18th +of January last?</p> + +<p><span class="smcap">Jones</span>—Yes, Sir, I was.</p> + +<p><span class="smcap">Vernon</span>—In what cabin did you lie that night?</p> + +<p><span class="smcap">Jones</span>—I had no cabin, but I made bold to lie in the +slop-room that night, having my wife on board.</p> + +<p><span class="smcap">Vernon</span>—Pray what is that you call the slop-room?</p> + +<p><span class="smcap">Jones</span>—It is like a cabin.</p> + +<p><span class="smcap">Vernon</span>—How near is the slop-room to the purser's +cabin?</p> + +<p><span class="smcap">Jones</span>—Nothing but a thin deal-partition parts it +from the purser's cabin.</p> + +<p><span class="smcap">Vernon</span>—Will you relate to Mr. Recorder and +the jury what you know about the murder of Mr. +Goodere's brother; tell the whole you know concerning +it.</p> + +<p><span class="smcap">Jones</span>—About Wednesday or Thursday before this +happened, the captain said to me, Cooper, get this +purser's cabin cleaned out, for he said he expected +a gentleman shortly to come on board. I +cleaned it out; and on Sunday evening the gentleman +came on board, when the people on deck cried, +Cooper, shew a light. I brought a light, saw the +captain going down the cock-pit ladder, the gentleman +was hauled down: he complained of a pain in +his thigh by their hauling him on board. The captain<span class="pagenum"><a name="Page_275" id="Page_275">[Pg 275]</a></span> +asked him, if he would have a dram? He said no; +for he had drank nothing but water for two years. +The captain ordered Mahony a dram; he drank it; +he also ordered one Jack Lee to put two bolts on the +purser's cabin-door. The gentleman walked to-and-fro +the purser's cabin while they were nailing the +bolts on. He wanted to speak with one of the officers. +The carpenter told him he was the carpenter. Says +the gentleman, Do you understand what my brother +Sam is going to do with me? And said, His brother +had brought him on board to murder him that night. +The carpenter said, He hoped not, but what was done +was for his good. The captain said, They must not +mind what his brother said, for he had been mad for +a twelvemonth past. And the captain went up again, +and went into the doctor's room. I went to bed about +eight o'clock. Some time about eleven o'clock at +night I heard the gentleman knock, and said, He +wanted to ease himself; to which the centinel gave +no manner of heed. Is it not a shame, said he, to +keep a gentleman in, after this manner? At last, +some other person spoke to the centinel, and says, +Why don't you go up and acquaint the captain of it, +that the gentleman may ease himself? Soon after +Mahony comes down with a bucket, for the gentleman +to ease himself. Mahony sat down in the cabin, and +he and the gentleman had a great deal of discourse +together; the gentleman said he had been at the +East-Indies, and told what he had got for his merit; +and Mahony said, some by good friends. I heard the +gentleman, after Mahony was gone, pray to God to +be his comforter under his affliction. He said to +himself, he knew that he was going to be murdered, +and prayed that it might come to light by one means<span class="pagenum"><a name="Page_276" id="Page_276">[Pg 276]</a></span> +or another. I took no notice of it, because I thought +him a crazy man. I slept a little, and about two or +three o'clock my wife waked me. She said, Don't +you hear the noise that is made by the gentleman? +I believe they are killing him. I then heard him +kick, and cry out, Here are twenty guineas, take it; +don't murder me; Must I die! must I die! O my +life! and gave several kecks with his throat, and then +he was still. I got up in my bed upon my knees: I +saw a light glimmering in at the crack, and saw that +same man, Mahony, with a candle in his hand. The +gentleman was lying on one side. Charles White +was there, and he put out his hand to pull the gentleman +upright. I heard Mahony cry out, Damn ye, +let us get his watch out; but White said he could +not get at it. I could not see his pockets. White +laid hold of him, went to tumbling him up to +get out his money, unbuttoned his breeches to get +out his watch; I saw him lay hold of the chain; +White gave Mahony the watch, who put it in his +pocket; and White put his hand into one of the +gentleman's pockets, and cursed that there was +nothing but silver: but he put his hand in the other +pocket, and there he found gold. White was going +to give Mahony the gold: damn ye, says Mahony, +keep it till by-and-by.</p> + +<p><span class="smcap">The Recorder</span>—In what posture did sir John lie +at that time?</p> + +<p><span class="smcap">Jones</span>—He lay in a very uneasy manner, with one +leg up; and when they moved him, he still remained +so, which gave me a suspicion that he was dead. +White put his hand in another pocket, took out +nothing but a piece of paper, was going to read it. +Damn ye, said Mahony, don't stand to read it. I<span class="pagenum"><a name="Page_277" id="Page_277">[Pg 277]</a></span> +saw a person's hand on the throat of this gentleman, +and heard the person say, 'Tis done, and well done.</p> + +<p><span class="smcap">The Recorder</span>—Was that a third person's hand, or +the hand of Mahony or White?</p> + +<p><span class="smcap">Jones</span>—I cannot say whether it was a third person's +hand or not. I saw but two persons in the cabin, +I did not see the person, for it was done in a moment. +I can't swear I saw any more than two persons in the +cabin.</p> + +<p><span class="smcap">The Recorder</span>—Did you take notice of the hand +that was laid on sir John's throat?</p> + +<p><span class="smcap">Jones</span>—I did.</p> + +<p><span class="smcap">The Recorder</span>—Did it appear to you like the hand +of a common sailor?</p> + +<p><span class="smcap">Jones</span>—No; it seemed whiter.</p> + +<p><span class="smcap">Vernon</span>—You have seen two hands held up at the +bar. I would ask you to which of them it was most +like in colour?</p> + +<p><span class="smcap">Jones</span>—I have often seen Mahony's and White's +hands, and I thought the hand was whiter than either +of theirs; and I think it was neither of their hands by +the colour of it.</p> + +<p><span class="smcap">The Recorder</span>—Was sir John on the floor, or on +the bed?</p> + +<p><span class="smcap">Jones</span>—On the bed; but there was no sheets: it +was a flock-bed, and nobody had lain there a great +while.</p> + +<p><span class="smcap">Vernon</span>—How long did the cries and noise which +you heard continue?</p> + +<p><span class="smcap">Jones</span>—Not a great while: he cried like a person +going out of the world, very low. At my hearing it, +I would have got out in the mean time, but my wife +desired me not to go, for she was afraid there was +somebody at the door that would kill me.<span class="pagenum"><a name="Page_278" id="Page_278">[Pg 278]</a></span></p> + +<p><span class="smcap">Vernon</span>—What more do you know concerning this +matter, or of Mahony and White's being afterwards +put on shore?</p> + +<p><span class="smcap">Jones</span>—I heard some talking that the yaul was to +go to shore about four of the clock in the morning, +and some of us were called up, and I importuned my +wife to let me go out. I called, and asked who is +centinel? Duncan Buchanan answered, It is I. Oh, +says I, is it you? I then thought myself safe. I +jumpt out in my shirt, went to him; says I, There +have been a devilish noise to-night in the cabin, +Duncan, do you know any thing of the matter? They +have certainly killed the gentleman, what shall us do? +I went to the cabin-door where the doctor's mate +lodged, asked him if he had heard any thing to-night? +I heard a great noise, said he. I believe, said I, they +have killed that gentleman. He said, he believed so +too. I drawed aside the scuttle that looked into the +purser's cabin from the steward's room, and cried, +Sir, if you are alive, speak. He did not speak. I +took a long stick, and endeavoured to move him, but +found he was dead. I told the doctor's mate that I +thought he was the proper person to relate the matter +to the officer, but he did not care to do it then. If +you will not, I will, said I. I went up to the lieutenant +and desired him to come out of his cabin to +me. What is the matter, said he? I told him I +believed there had been murder committed in the +cock-pit, upon the gentleman who was brought on +board last night. Oh! don't say so, says the lieutenant. +In that interim, whilst we were talking about +it, Mr. Marsh the midshipman came, and said, that +there was an order to carry White and Mahony on +shore. I then swore they should not go on shore, for<span class="pagenum"><a name="Page_279" id="Page_279">[Pg 279]</a></span> +there was murder committed. The lieutenant said, +Pray be easy, it can't be so; I don't believe the captain +would do any such thing. That gentleman there, +Mr. Marsh, went to ask the captain if Mahony and +White must be put on shore? And Mr. Marsh +returned again, and said, that the captain said they +should. I then said, it is certainly true that the +gentleman is murdered between them. I did not see +Mahony and White that morning, because they were +put on shore. I told the lieutenant, that if he would +not take care of the matter, I would write up to the +Admiralty, and to the mayor of Bristol. The lieutenant +wanted the captain to drink a glass of wine: +the captain would not come out of his cabin; then the +lieutenant went in first; I followed him. I told the +captain that my chest had been broke open, and I +desired justice might be done. Then I seized him, and +several others came to my assistance.</p> + +<p><span class="smcap">The Recorder</span>—Mr. Goodere, do you ask Mr. Jones +any questions?</p> + +<p><span class="smcap">Goodere</span>—Do you know whether the midshipman +was sent away on the king's business, or else only to +put those two men on shore?</p> + +<p><span class="smcap">Jones</span>—I know not, you were the captain of the ship.</p> + +<p><span class="smcap">The Recorder</span>—Mahony, will you ask this witness +any questions?</p> + +<p><span class="smcap">Mahony</span>—Did you see me lay hands on the gentleman?</p> + +<p><span class="smcap">Jones</span>—Yes, I did, as I have already related.</p></div> + +<p class="center"><i>Margaret Jones, sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Vernon</span>—Mrs. Jones, pray acquaint Mr. Recorder +and the jury what you know about the murder of +sir John Dineley Goodere (the gentleman ordered by +Mr. Goodere into the purser's cabin).<span class="pagenum"><a name="Page_280" id="Page_280">[Pg 280]</a></span></p> + +<p><span class="smcap">Mrs. Jones</span>—About seven o'clock in the evening, +the 18th of last January, the captain (having been on +shore) came on board, and came down into the cock-pit, +and asked if the cabin was clean? My husband +answered, yes. On which the captain gave orders to +bring down the gentleman; and the captain said to +the doctor, Doctor, I have got an old mad fellow here, +you must doctor him up as well as you can. They +brought the gentleman into the cabin, the captain +asked him how he did now? The gentleman complained +that he had a great pain in his thigh, he was hurted +by the men's hauling him as they had done. The +captain asked him if he would drink a dram of rum? +He answered, No; for he said he had drank nothing +but water for two years past. The captain gave a +dram to several persons there; and he gave orders for +some sheets to be brought; and he said to Mahony, +As his clothes are wet, do you pull them off. And the +gentleman said to Mahony, Don't strip me, fellow, +until I am dead. The gentleman said, Brother Sam, +what do you intend to do with me? The captain told +him that he brought him there to save him from +rotting in a gaol. About ten o'clock Mahony was left +there; the gentleman desired him to go; but Mahony +said, I have orders to abide here, to take care of you. +The gentleman said to Mahony, I can abide by myself. +Before the captain went away, he bid Mahony to see +if his brother had any knife about him. The gentleman +gave up his knife to Mahony, desired him to take +care of it, for it was his son's knife. The gentleman +asked about the knife several times in the night. +About twelve o'clock I went to sleep; about two +o'clock I wakened again: I heard the gentleman talk +to Mahony, but Mahony advised the gentleman to go<span class="pagenum"><a name="Page_281" id="Page_281">[Pg 281]</a></span> +to sleep. He said, I cannot sleep. They talked +together a great while. Mahony said, I am to go on +shore in the morning, and if you have any letters to +send to Bristol, I will carry them for you. I heard +somebody say to the gentleman, You must lie still, +and not speak a word for your life. Some minutes +after I heard a great struggling; who it was, I don't +know. The gentleman cried out, Murder; help for +God's sake! and made several kecks in his throat, +as though somebody was stifling him. I shook my +husband, told him that somebody was stifling the +gentleman. I heard two people in the cabin whispering; +I don't know who they were. The gentleman +cried out murder again, Help for God's sake! He +said, I have twenty guineas in my pocket, here take +it; must I die! Oh, my life! And just about +that time, before he was dead, somebody from the +outside offered to come into the cabin, but I heard +one of the persons on the inside say, Keep out, you +negro; and then a great noise was made; I thought +the cabin would have been beat down. Some few +minutes after the gentleman had done struggling, a +candle was brought: I soon got up, and looked +through the crevice: I saw a man, who I believe to +be White, take the gentleman by the coat, and pulled +him upright. I saw Mahony with a candle in his +hand; I observed the other to put his hand in the +gentleman's pocket. One of them said, Damn ye, +pull out his watch. Then I saw the person take hold +of the watch-string and pull it out, and he said to the +other, Here 'tis, take it, and put it into thy pocket. +Then one of them put his hand in another pocket, +and took it out, said, Here's nothing but silver; and +then he searched another pocket, and said, Here it<span class="pagenum"><a name="Page_282" id="Page_282">[Pg 282]</a></span> +is; and pulled out a green purse: soon after that, +the door was unbolted, I heard a person say, Where +shall I run? who I believe was Mahony; and the +other, Charles White, said, Follow me, boy. And +they went to go upon deck through the hatch-hole, +which is an uncommon way; and that is all I know.</p> + +<p><span class="smcap">The Recorder</span>—Mr. Goodere and Mahony, do +either of you ask this witness any questions?</p> + +<p><span class="smcap">Goodere</span>—No.</p> + +<p><span class="smcap">Mahony</span>—No.</p></div> + +<p class="center"><i>James Dudgeon, sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Vernon</span>—Mr. Dudgeon, I think you are the surgeon's +mate belonging to the <i>Ruby</i>?</p> + +<p><span class="smcap">Dudgeon</span>—Yes, Sir.</p> + +<p><span class="smcap">Vernon</span>—Give Mr. Recorder and the jury an account +what you know relating to this matter.</p> + +<p><span class="smcap">Dudgeon</span>—I am very sorry that I should come on +this occasion against captain Goodere, because he ever +behaved towards me in a genteel manner. The week +before this happened, I was told by one of the officers, +that the captain was going to bring his brother on +board; and on Sunday the 18th of January, about the +dusk of the evening, the barge came down to the +ship. I was at that time walking the quarter-deck; +some of our people seeing the barge a-coming they +said, Our captain is coming on board with his brother +sure enough: but instead of coming up the quarter-deck, +the captain went down upon the main-deck, +and I still kept walking on the quarter-deck, expecting +to see the gentleman when he went into the great +cabin, but I afterwards found that he was ordered +down to the cock-pit. Soon after, I went down there +myself; and the captain being there, said, Doctor, I<span class="pagenum"><a name="Page_283" id="Page_283">[Pg 283]</a></span> +have brought a madman to you, I don't know what +we shall do with him, but we must make the best of +him that we can; and Mahony came down likewise. +The captain sent his steward for a bottle of rum, +Mahony had a dram of it. The captain asked sir +John if he would have one? Sir John replied, No; +for, said he, I have not drank any thing of that nature +for two years past; he groaned several times. There +was then one Cole at the foot of the ladder, to whom +also the captain gave a dram; then there was a centinel +put upon the cabin-door; but Cole asked the captain +if he might go in, and the captain said he might. The +old gentleman made a noise as the captain went up +the ladder; the captain told him, We have now +brought you on board, and will take care you shall +want for nothing. After the captain was gone, Cole +wanted to go in, but the centinel would not let him; +telling him that his orders were to let none in but +Mahony: however, Cole went up and got leave of +the captain to go in, and he did go in. Soon after +this the captain came down again to the cock-pit, and +came into my place, and sat down; and after talking +of things promiscuously, he said, he believed it would +be proper for me to go and feel his brother's pulse; or +else, Doctor, he said, do you chuse to leave it alone till +to-morrow morning? I made answer, that to-morrow +morning might be the best time; because the gentleman +may be much confused by being brought down on +the water. Come, said he, let us go in now; for I believe +it will be as well. If you please, Sir, said I, I will; +so the centinel opened the door, and we both went in. +Immediately after, the captain went out again, and +forthwith the door was shut upon me: which very +much surprised me, to think that the captain should<span class="pagenum"><a name="Page_284" id="Page_284">[Pg 284]</a></span> +leave me with a madman, and I observed the captain +to peep through; I then asked the gentleman what +he mostly complained of? and felt his pulse. He then +made some groans, and told me, that he had got a +great cold last week at Bath, and that he felt a severe +pain in his head. I was going to ask him some +more questions, but the captain called me, and said, +Don't ask him any more questions, but only feel his +pulse. Then the centinel opened the door, and I +came out, and the captain and I went into my place +again. Well, doctor, said he, how do you find his +pulse? Why, Sir, said I, his pulses are very regular. +Why, said he, I believe he was pretty much hurried +upon the water. Then the captain went up the ladder, +and a little while after he came down again; there +were two midshipmen with me in my place, and when +the captain came in, they went to go out, but he +desired one of them to stay, for he had something to +say to him, because he was to go up for letters in +the morning; so we sat down, and talked of various +things; but I informed the captain that the old gentleman +have had hard lodging to-night. Why, said he, I +would put another bed in there, and have given him +clean sheets, but he would not hear anything of this +kind. Then said he to me, Doctor, I believe it will +not be amiss to take an inventory of everything he +has about him, for fear it should be reported that he +is robbed. I replied, Sir, it may not be amiss. By-and-by, +Cole came tumbling down the ladder, the +midshipman opened the curtain to see who it was; +Captain, said he, that is Cole, and I then told that +Cole had been drunk a great part of that day. Soon +after that the captain opens the curtain, and sees +Mahony stand by the centry. Mahony, said he, I<span class="pagenum"><a name="Page_285" id="Page_285">[Pg 285]</a></span> +thought you had been about the thing which I sent +you to do; which I take to be getting the money +out of the gentleman's pocket. No, Sir, said he, +I chuse to do it after he is asleep. Very well, said +the captain. Then the captain spoke to the midshipman, +and said, Mr. Marsh, You are to go up +for letters to-morrow, and if anyone takes notice of +what was done to-day, you may tell the people that +it is my brother, and he is very much disordered +in his brains, and I have got him on board in hopes +of getting relief for him. Sometimes, Doctor, says +he, he can talk as well as you or I; but at other +times, he is very much out of order. About eight +o'clock I was for going to bed, but did not till an +hour and a half after; and about that time sir John +was making a great noise, and asking who is without +the door, what must I do my affairs in the cabin? +What a shame is it? Will not you let me have anything +to do it in? but nobody made any reply. Upon +which I said to the centinel, why don't you answer +the gentleman? Are not you ashamed of it? Upon +which, I suppose, one went up to the captain and he +came down, and said, he was sorry that the gentleman +should make such a disturbance; but he hoped, +that the first night would be the worst: upon which +the captain went up, and Mahony went in; and I +heard the gentleman and him talking together, and +he asked Mahony, what his brother was going to do +with him? What, says he, does he say I am mad? +Formerly I used to be so, but now I have not tasted +any thing stronger than water these two years. But, +said he, to be sure these fellows are not sailors who +attacked me this day; they are not sailors, for, if so, +they are sadly degenerated from what sailors were<span class="pagenum"><a name="Page_286" id="Page_286">[Pg 286]</a></span> +formerly, for I myself have been at sea, and might +have been a commander. About half an hour after +ten, I fell asleep, but was very uneasy. About twelve +the centinel was sent for to go up to the captain, but +soon came down again; and about half an hour after +two I awaked, hearing some stir in the cock-pit; and +I heard Mahony's voice in the cabin, saying, Lie still +and sleep, Sir. In a short time after that I heard +a struggle, and sir John cried out, Here is 20 guineas +for you, take it; must I die? And it seemed to me, +by his speaking, that they were stifling his mouth. +Upon which the person who stood centry upon the +cabin turned the key, whereupon Mahony cried out +in a terrible pucker, Damn ye, keep the door fast. +Upon which I spake, and said, What is the matter? +what a noise is that? And the person who stood +centinel made answer, Nothing at all, nothing at all; +so I lay still a while, and all was pretty quiet. A +little time after that, Mahony called for a light, and +the cabin-door was opened, and a light handed in; +the cock-pit was then in darkness, so all was quiet +again for some time. Soon after that the cabin-door +was opened again, and I heard as if two or three +people were coming out of the cabin, and heard +Mahony say, which way shall I go? And somebody +made answer, you may go through the hatch-hole. +He repeated the question, which way shall I go? +and the other answered, by the ship-side. I then +thought somebody had been murdering sir John +sure enough, and they are carrying off his body +that way; at the same time a person stept up the +cock-pit ladder, and I heard the captain's voice, and +he said, Centry, if he makes any more noise, let me +know it; but I thought within myself, that he was past<span class="pagenum"><a name="Page_287" id="Page_287">[Pg 287]</a></span> +that. After this was past, all was pretty quiet, and +the centinel kept walking without my room: I was +cautious of speaking to him, not knowing who he +was; but soon after, one of the captain's servants +came down to the store-room for liquor, and he asked +the centry whether he had made any noise lately? +To which he replied, You may tell the captain that +the gentleman hath been at the lock. About half an +hour after, the person who was upon the watch came +to me, and asked, if I had any commands on shore, +for the boat was going up? I told him, No; but perceiving +by his voice who it was, I called him to come +to me in the dark, and I whispered, and said to him, +Mr. Heathorne, here hath been a hellish cabal to-night, +I believe they have murdered the gentleman; doth +Mahony go on shore? He answered, that he did; +then, said I, the thing is done. I then asked who +was the centry without my door? and he told me; +whereupon I called the centry to me, and asked him, +what noise and cabal is this that hath been here +to-night? He said, He did not know; but the captain, +said he, hath been down several times to-night, +and that he had taken the sword from him. Just +after this, in came Edward Jones, the cooper, and +his wife shaking and trembling; and said, White and +Mahony had murdered the gentleman sure enough. +I told them, I did believe they were both going on +shore; and I would, said I, have you tell the lieutenant +what you saw of the matter, and let him know +that I am of the same opinion with you: but do you +first go into the steward's room, and draw the scuttle, +and then you'll see whether he is dead, or no. Upon +which they went and drawed the scuttle, and a cat +fled in their face, and they found the gentleman lay<span class="pagenum"><a name="Page_288" id="Page_288">[Pg 288]</a></span> +in the same posture as White and Mahony left him. +I then bid them go and tell the lieutenant the matter, +that those fellows might be prevented from going +ashore; but yet, said I, we can't stop them neither, +seeing they have the captain's orders. Then went +Jones up forthwith, and I believe, told the lieutenant; +and I also stept up to him just after, and told him, +that I believed sir John was actually murdered; for, +said I, there have been a terrible noise in the cock-pit +to-night, and the captain himself was there this +morning when 'twas almost three o'clock, and the +men that were with him are going on shore. The +lieutenant answered, that he could not stop these +men from going ashore, because the captain hath +given them leave; so, said he, we must let it alone +till morning, to see whether the gentleman is dead, +or no. About eight o'clock in the morning I went +to him again; but he told me it was best to defer it +till we did see whether the captain sends down to +him, or not. It is, said he, no way proper for us +to think of seizing the captain, till we see that the +gentleman is actually dead, and have reason to think +he is murdered. When the captain's breakfast was +ready, he sent for the lieutenant and me to come +and breakfast with him: accordingly we did; and +soon after there was a shore-boat came towards us, +and then Mr. Chamberlayn came on board, and went +to the lieutenant's cabin; and the lieutenant told +that gentleman, that they were then going to seize +the captain, for it was believed that he had been +accessary to the murder of his brother. Immediately +a message was brought by one of the men, that sir +John was dead: upon which the captain was forthwith +seized by eight or ten men.<span class="pagenum"><a name="Page_289" id="Page_289">[Pg 289]</a></span></p> + +<p><span class="smcap">Vernon</span>—How far was your cabin from the purser's?</p> + +<p><span class="smcap">Dudgeon</span>—I can't say certainly, but believe about +three yards.</p> + +<p><span class="smcap">Vernon</span>—Did you view the body of the deceased +whilst he lay dead in the purser's cabin?</p> + +<p><span class="smcap">Dudgeon</span>—I did.</p> + +<p><span class="smcap">Vernon</span>—And did you find any visible marks of +violence upon him?</p> + +<p><span class="smcap">Dudgeon</span>—Sir, I saw no rope, but he had a neck-cloth +about his neck, and there were some marks in +his neck, which looked like the scratching of nails; +and I believe that he was strangled, the blood came +out of his nose and mouth.</p></div> + +<p><i>William Macguinis</i> was in his hammock when +Sir John was brought aboard, but was called up +at twelve o'clock to stand sentinel in the gun-room.</p> + +<div class="blockquot"><p>I had not been long on my post before I saw the +captain come down; and soon after I saw Mahony, +that man there (pointing at the prisoner Mahony), +also come down. I stopt him, and asked him where +he was going? Damn your blood, you son of a bitch, +what is that to you? How busy you make yourself. +And when he came to the bottom of the cock-pit +ladder I heard him say to another man, Come here, +this is the way. But who it was he spake to, I know +not. This was a little after two o'clock. The captain +espied me, he made towards me, and waved his naked +cutlass, and said, Stand back! stand back!</p></div> + +<p>The captain was down in the cockpit then. +Buchanan had been sentinel in the cockpit, +but had been released by the captain. The<span class="pagenum"><a name="Page_290" id="Page_290">[Pg 290]</a></span> +witness saw Mahony go into the purser's cabin, +and afterwards saw the captain and Mahony +come up again from the cockpit; it was then +about three o'clock.</p> + +<p><i>Walker</i> found a watch in the necessary house +in the Brockware Boat, a public-house on the +Back, kept by Culliford. He searched for it by +the order of the justices; when he found it, the +watch was in one place, and the case in another, +about a yard off.</p> + +<p><i>Sarah Culliford</i>, of the Brockware Boat, received +the watch from Mahony. She had it +in her possession about two hours before and +two hours after he was taken up.</p> + +<div class="blockquot"><p>This young man (meaning the prisoner Mahony) +was drinking in my house, he pulled out the watch, +delivered it to me, and desired me to keep it for him +until he did call for it; some time after I had business +to go out, I went into town, and had the watch in my +pocket; when I came back, my children told me that +the constable had been there to search the house for +it, which much surprised me; I went and threw the +watch into the necessary house for fear I should come +into trouble.</p> + +<p><span class="smcap">John Fussell</span>—I had this handkerchief from Mahony +on the 19th of January last, the night when we took +him, I found it on his neck; when he was seized he +took it off; I took it out of his hand, it was bloody +then as it is now, I put it into my pocket.</p></div> + +<p><i>John Mitchel</i>, the chief clerk to the Town +Clerk, produced the examination of Matthew<span class="pagenum"><a name="Page_291" id="Page_291">[Pg 291]</a></span> +Mahony, taken before the Mayor, voluntarily +signed by Mahony in the Mayor's presence, +and signed by the Mayor.</p> + +<p class="center"><i>Clerk reads the Examination in these words:</i></p> + +<div class="blockletter"><p>City and county of Bristol, to wit. The voluntary +Examination and Confession of Matthew Mahony, +a native of Ireland, aged about 21 years. This +Examinant confesseth and saith, That about sixteen +or seventeen days ago, and several times since, he +was desired by Mr. Goodere, captain of the <i>Ruby</i> +man-of-war, now lying at King-road, in the county +of the city of Bristol, to seize his, the captain's, +brother, sir John Dineley Goodere, bart., and bring +him on board the said man-of-war; and that on +Tuesday last, this examinant, and the crew belonging +to the man-of-war's barge, and Edward Mac-Daniel, +John Mac-Graree, and William Hammon, privateer's +men, were placed by the said captain at the White-Hart +alehouse, opposite St. Augustine's Church, in order +to seize sir John Dineley Goodere that day; but it so +happened that the captain forbid them to do it then. +And that on Sunday last, this examinant, the said +barge's crew, or the greatest part of them, and George +Best, cock-stern of the barge, the said Edward Mac-Daniel, +John Mac-Graree, William Hammon, and +one Charles Bryer, privateer's men as aforesaid, were +again placed at the White-Hart aforesaid, to seize the +said sir John Dineley Goodere, and waited there for +some time; and he coming out of Mr. Jarrit Smith's +house, and coming under St. Augustine's church-yard +wall, this examinant and his comrades pursued him, +and near the pump there they came up with him, and<span class="pagenum"><a name="Page_292" id="Page_292">[Pg 292]</a></span> +told him there was a gentleman wanted to speak with +him; and he, asking where the gentleman was, was +answered, a little way off, and he went quietly a little +way; but no one appearing, he resisted and refused +to go; whereupon this examinant and comrades sometimes +forcibly hauled and pushed, and at other times +carried him over St. Augustine's butts, captain Day's +rope-walk, and along the road to the hot-well (captain +Goodere being sometimes a little behind, and sometimes +amongst the crowd all the way), till they came +to the slip where the barge lay. But sir John was +very unwilling to go, made the utmost resistance, and +cried out murder a great many times; and when he +was put into the barge, called out and desired somebody +would go to Mr. Jarrit Smith, and tell him of +his ill-usage, and that his name was sir John Dineley; +whereupon the captain clapt his hand on sir John's +mouth to stop him speaking, and told him not to +make such a noise, he had got him out of the lion's +mouth (meaning the lawyer's hands), and would take +care he should not spend his estate; and bid the +barge men row away, which they did; and in their +passage to the man-of-war, the two brothers bickered +all the way. But when they came to the man-of-war, +sir John went on board as well as he could, and the +captain took him down into the purser's cabin, and +stayed a little time with him, and treated him with +a dram of rum, and then left him for a considerable +time; and in the interim sent for this examinant into +his, the captain's cabin, and there told this examinant +he must murder his brother, for that he was mad, +and should not live till four o'clock in the morning; +and this examinant reasoning with him, and telling +him he would not be concerned and that he thought<span class="pagenum"><a name="Page_293" id="Page_293">[Pg 293]</a></span> +he had brought him there with intent only to bring +him to reason, and take care that he should not spend +his estate in law, and to have a perfect reconciliation: +but the captain still insisting, that this examinant +had taken him, he should do it; and this examinant +then saying, he was not able to do it of himself, the +captain replied, if this examinant could get nobody +else, he and this examinant must do it themselves. +And then ordered him to call one Elisha Cole; and +he being too drunk to undertake such an affair, bid +this examinant call one Charles White, a very stout +lusty fellow, and the captain gave him a dram, and +bid him sit down, and soon gave other drams, and +asked him if he could fight, and told him, Here is a +madman, he must be murdered and thou shalt have +a handsome reward. And this examinant, the said +Charles White, and the captain, all being agreed to +murder the said sir John Dineley Goodere, the captain +then proposed the method, and produced a piece +of half-inch rope about nine foot long, and Charles +White having made a noose in the rope, the captain +said, applying himself to this examinant and the said +Charles White, You must strangle him with this rope, +and at the same time gave the handkerchief now +produced, that in case he made a noise, to stop his +mouth; and said, I will stand sentinel over the door +whilst you do it; and accordingly instantly went out +of his own cabin, and turned the centinel from the +purser's cabin-door, and let this examinant and White +into the purser's cabin, where sir John Dineley Goodere +was lying in his clothes on a bed. The captain having +pulled to the door, and standing centinel himself, the +said White first strangled sir John with his hands, +and then put the rope about sir John's neck and<span class="pagenum"><a name="Page_294" id="Page_294">[Pg 294]</a></span> +hauled it tight, and sir John struggled, and endeavoured +to cry out, but could not. And this +examinant confesses, that whilst White was strangling +sir John, this examinant took care to keep him on +the bed, and when one end of the rope was loose, +this examinant drew and held it tight; and thus each +bore a part till sir John was dead; and they having +rifled the deceased of his watch and money, knocked +at the door to be let out; and the captain called out, +Have you done? they replied, Yes. He opened the +door, and asked again, Is he dead? And being +answered in the affirmative, and having a light, swore, +by God, he would be sure he was dead; and then +went in himself, and returning, locked the door, and +put the key in his pocket, and they all went together +to the captain's cabin again, and there this examinant +gave the captain sir John's watch, and the captain +gave this examinant his own watch in lieu of it; and +then the captain gave them both some money, and +White afterwards gave this examinant eight guineas +as part of the money he took out of the deceased's +pocket, and then the captain ordered them to be put +on shore in his own boat. And further this examinant +confesses and saith, That before and after the murder +was committed, the captain, Charles White, and this +examinant consulted what to do with the corpse; +and the captain proposed to keep it two or three days +in the ship, and, as he expected to go to sea, would +sew it up in a hammock, or something else, and there +throw it over-board. And that before this examinant +and his comrades were sent to seize sir John, as is +before set forth, they were ordered by captain +Goodere, that, if they met with any resistance, +they should repel force by force, and were pre<span class="pagenum"><a name="Page_295" id="Page_295">[Pg 295]</a></span>pared +with short heavy sticks or bludgeons for that +purpose.</p> + +<p class="ralign indentr smcap">Matthew Mahony.</p></div> + +<p>The Recorder cautioned the jury that this +statement was evidence against Mahony only, +and was not to be taken as evidence against +Goodere.</p> + +<p><i>Vernon</i> said that this concluded his evidence +as to the facts; but that as Goodere had made +a point as to the position of the ship, he would +call evidence to show that the King Road had +always been taken to lie within the city and +county of Bristol; and that the sheriff's officers +of Bristol had always used to execute both city +and county process in the King Road.</p> + +<p><i>John Wint</i> and <i>Lowden</i> were called, and proved +that they had served process out of the Mayor's +and the Piepowder Court, and process issued out +of the King's Bench, and the Common Pleas, and +the Admiralty Court, in the King Road.</p> + +<p><i>Goodere</i> being called on for his defence, said +that he would call witnesses to prove that sir +John was a lunatic, and that he was doing his +best to take care of him.</p> + +<p><i>Mrs. Gethins</i> said that Goodere had asked her for +a garret to keep his brother in, for he was a madman; +he made no secret of it. She had heard +nothing about Mahony having five pounds a month +to take care of him. She had heard Goodere +talk with his own doctor about his brother. +<span class="pagenum"><a name="Page_296" id="Page_296">[Pg 296]</a></span></p> + +<p class="center"><i>Mr. Marsh, sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Goodere</span>—Did you go ashore in the morning about +the king's business, or what business did you go about?</p> + +<p><span class="smcap">Marsh</span>—I had an order about eight o'clock the +night sir John was brought on board, to go up in +the morning to Bristol for the letters from the Admiralty, +and about four of the clock in the morning +I was called up to go: but the lieutenant seemed +much disordered, and bid me come to him before I +set out. I waited on the lieutenant, and told him, +that White and Mahony said they had liberty to go +on shore, that the captain had given them liberty +to go; the lieutenant said, he knew nothing of it. +But as it is always my way, before I carry anybody +off, I said, I would go to the captain and ask leave. +I went to the captain, and asked him, if White and +Mahony had liberty from him to go on shore? And +he said, Yes, let them go.</p> + +<p><span class="smcap">Goodere</span>—Mr. Marsh, did you go upon the king's +business, or on purpose to take up these men?</p> + +<p><span class="smcap">Marsh</span>—I went about the king's business.</p> + +<p><span class="smcap">Vernon</span>—But it was after sir John was brought on +board, that Mr. Goodere ordered you to go up?</p> + +<p><span class="smcap">Marsh</span>—Yes, Sir, it was.</p> + +<p><span class="smcap">Vernon</span>—Did anybody else go up with you, besides +Mahony and White?</p> + +<p><span class="smcap">Marsh</span>—No, there did not.</p> + +<p><span class="smcap">Vernon</span>—Did Mr. Goodere give you orders to put +them on shore in any particular place?</p> + +<p><span class="smcap">Marsh</span>—I will do justice between man and man: +the captain did not give me orders to put them on +shore in any particular place.</p> + +<p><span class="smcap">Vernon</span>—Were they landed publicly or privately?<span class="pagenum"><a name="Page_297" id="Page_297">[Pg 297]</a></span></p> + +<p><span class="smcap">Marsh</span>—I put them on shore at the Gibb, about six +of the clock in the morning.</p> + +<p><span class="smcap">Goodere</span>—Now, may it please you, sir, I shall show +that Mahony had business at Bristol that day by +appointment, to receive some wages that was due to +him; for which purpose I shall call Mr. Dagg.</p></div> + +<p><i>Abel Dagg</i>, the keeper of Newgate, had had +one Mervin in his house as a prisoner for debt. +Mahony had a claim against him for wages due +to him before he was pressed, and Mervin wished +to settle the matter with him. Accordingly +Dagg had seen Goodere on the Tuesday or +Wednesday before this matter, and he said that he +would meet Dagg to accommodate the difference +on the Monday following. The captain made +the appointment to meet him on the Monday, +but he told Taylor, an attorney, that Mahony +would come on shore on Monday. He did not +know that White had any business on shore on +Monday.</p> + +<p><i>Bridget King</i> was sworn.</p> + +<div class="blockquot"><p><span class="smcap">Goodere</span>—Mrs. King, will you give the Court an +account of what you know of the lunacy of my brother +sir John Dineley?</p> + +<p><span class="smcap">Mrs. King</span>—Please you, my lord, I think he was +mad; for he would get up at two or three of the +clock in the morning, and call his servants up, and +fall a-singing; and then he would go to bed again, +and swear it was but twelve o'clock at night, and lie +a-bed all day. He would send his boy out all over his +grounds to pick up stones, and have the wheel-barrow<span class="pagenum"><a name="Page_298" id="Page_298">[Pg 298]</a></span> +rattling about the streets on a Sunday: he hath +ringed the bell to call his servants up to his bedside, +and when they were come up, he would ask +them what they did there, and swear they were come +to shoot him? He himself hath gone over all his +grounds on a Sunday to pick sticks, and hath sent his +servants to market when there was none; and he +would be busy in every thing, and hang on the pot +himself; and he hath been quite raving mad.</p> + +<p><span class="smcap">Vernon</span>—Did you live as a servant to sir John?</p> + +<p><span class="smcap">Mrs. King</span>—I lived as a servant with him in +London, and he came down for the air to Tockington; +he brought me down to go to Bath.</p> + +<p><span class="smcap">Vernon</span>—How long did you continue with him?</p> + +<p><span class="smcap">Mrs. King</span>—A twelve-month, sir.</p> + +<p><span class="smcap">Vernon</span>—And how durst you venture to live +so long with a madman? He did not go mad for +love of you, I hope? Have you lived any time in +Bristol?</p> + +<p><span class="smcap">Mrs. King</span>—No.</p> + +<p><span class="smcap">Vernon</span>—Then I suppose you came but now from +London?</p> + +<p><span class="smcap">Mrs. King</span>—Yes, I did.</p> + +<p><span class="smcap">Goodere</span>—Do you believe he was a madman?</p> + +<p><span class="smcap">Mrs. King</span>—In the actions that I have seen by him, +I have reason to think he was a madman.</p></div> + +<p class="center"><i>Mrs. Mary Stafford, sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Goodere</span>—Mrs. Stafford, will you tell his lordship +and the jury what you know of sir John's being a +lunatic?</p> + +<p><span class="smcap">Mrs. Stafford</span>—Sir John hired me for a housekeeper +in London, and told me he had a great many +servants, and he wanted a housekeeper. When he<span class="pagenum"><a name="Page_299" id="Page_299">[Pg 299]</a></span> +brought me down, he ordered me to his seat at +Tockington; where, he said, he had a great deal of +company frequently. When I came there, I found +there was nothing in what he had told me; for, instead +of a great many servants, he had but one: a +poor old shattered house, ready to tumble down about +one's ears, and the household goods all to pieces: he +was a madman, for if I had followed his directions in +any thing I should have done mischief. He hath +sent me and the rest of his servants to Thornbury +market, when there was none; he hath ringed the +bell to call his servants to come to his bedside to him, +and when we have come up to him, he hath asked us, +what we did there? Sir, said I, you called me up; +he hath said he did not: and after we had been there +a quarter of an hour, he would take a knife, fork, +glass-bottle, or anything that came in his way, to +throw at us, asking of us, What did we come to rob +him? And I was afraid of my life, to live with him. +I do believe he was a madman, or else he would never +have acted as he did; he would go into the kitchen, +and take the pot, and hang it on the fire. I style +him a madman by his actions.</p> + +<p><span class="smcap">Vernon</span>—And must he therefore be hanged himself +like a mad dog, think you?</p> + +<p><span class="smcap">Mrs. Stafford</span>—I know nothing of that, Sir.</p> + +<p><span class="smcap">Vernon</span>—How long did you live with sir John?</p> + +<p><span class="smcap">Mrs. Stafford</span>—Three months, Sir.</p> + +<p><span class="smcap">Goodere</span>—Call Mr. Robert Cock.</p> + +<p><span class="smcap">The Recorder</span>—What do you call him to prove?</p> + +<p><span class="smcap">Goodere</span>—My lord, in order to prove sir John +Dineley a lunatic. Mr. Cock, will you give an account +to my lord and the jury what you know of the lunacy +of sir John Dineley?</p></div><p><span class="pagenum"><a name="Page_300" id="Page_300">[Pg 300]</a></span></p> + +<p class="center"><i>Robert Cock, sworn.</i></p> + +<div class="blockquot"><p><span class="smcap">Cock</span>—My lord, I have known Mr. Dineley at +Charlton for some years; I have been several times +in his company; I have seen him do several acts of +lunacy, as a madman.</p> + +<p><span class="smcap">Vernon</span>—Where do you live?</p> + +<p><span class="smcap">Cock</span>—I live in Cumberland, when I am at home.</p> + +<p><span class="smcap">Vernon</span>—Are you of any business?</p> + +<p><span class="smcap">Cock</span>—I am an officer belonging to his majesty.</p> + +<p><span class="smcap">Vernon</span>—What kind of officer?</p> + +<p><span class="smcap">Cock</span>—A salt officer.</p> + +<p><span class="smcap">Goodere</span>—I will not give your lordship and the jury +much more trouble. I am entirely innocent; they +have not proved that I was present at the death of sir +John Dineley.</p> + +<p><span class="smcap">The Recorder</span>—Don't deceive yourself; though +they have not proved you was actually in the cabin, +when sir John was murdered, yet they have given +evidence of that, which (if the jury give credit to) will +amount to presence in the eye of the law.</p> + +<p><span class="smcap">Goodere</span>—I shall now call some witnesses to my +character, and likewise to shew how improbable it is +that I should be guilty of the murder of my brother.</p> + +<p>Call Mr. Pritchard.</p></div> + +<p><i>Mr. Pritchard</i> had known Goodere many years; +he always bore the character of a good husband, +a good neighbour, and a kind friend.</p> + +<p><i>The Rev. Mr. Watkins</i>, three months or half a +year before Sir John's death, had told Goodere +that Sir John had told him that he had made +his will and cut his brother off from everything, +and had given his estate to the Footes. The<span class="pagenum"><a name="Page_301" id="Page_301">[Pg 301]</a></span> +witness had found Sir John a good neighbour, +and a kind friend; he was a man of strong +passions, and if any one affronted him, he would +let the party know that he did resent it. His +tenants, and those the witness had conversed with, +said that he was one of the best of landlords.</p> + +<div class="blockquot"><p><span class="smcap">Vernon</span>—I don't ask you, Sir, concerning his moral +character; but whether he was in his senses or not?</p> + +<p><span class="smcap">Watkins</span>—In his senses! I saw him last Christmas, +he was making up his accounts with several of his +tenants; he was then in very good understanding. I +take him to have been a man that always had his +senses in a regular exercise.</p> + +<p><span class="smcap">Vernon</span>—What have you heard the prisoner Mr. +Goodere say in relation to Sir John's making his will?</p> + +<p><span class="smcap">Watkins</span>—I believe he told me that sir John had +not the power to make a will; I told him it was my +opinion, if they would be reconciled together, sir +John's will would not stand.</p></div> + +<p><i>Mr. Thomas</i> and <i>Mr. Ashfield</i> and the <i>Rev. Mr. +Rogers</i> spoke in general terms to Goodere's +good character.</p> + +<p><i>George Forcevil</i> had known him for fourteen or +fifteen years; he had a very good character in +the neighbourhood; he constantly attended his +church twice a day Sundays, and would be +there at prayers almost every day. He thought +him to be a good man.</p> + +<p><i>Goodere</i> said he would not trouble the Court +with any more evidence as to his character; he +was deprived of some evidence by reason of his<span class="pagenum"><a name="Page_302" id="Page_302">[Pg 302]</a></span> +sickness in gaol, which prevented his friends +from coming to advise him about his defence; +also there were witnesses on board the ship who +might have been of great service to him, but the +ship had sailed before he got an order from the +Admiralty ordering them to stay on shore.</p> + +<p><i>Frederick</i> drew the Recorder's attention to the +fact that there had been several aspersions in +the newspapers to the prejudice of Goodere, and +that a pamphlet had been published in Bristol +called <i>The Bristol Fratricide</i>; but he hoped that +the jury would not be influenced by such matters +against the prisoner.</p> + +<p>The jury declared that they had never seen +any such pamphlet or newspapers.</p> + +<div class="blockquot"><p><span class="smcap">Vernon</span>—Mr. Recorder, we must beg leave to ask +Mr. Jarrit Smith's opinion, as to Sir John's being a +lunatic or not?</p> + +<p><span class="smcap">Smith</span>—I am surprised to hear it said by some of +Mr. Goodere's witnesses that sir John Dineley Goodere +was mad. I knew him fourteen or fifteen years, and +conversed with him both in person and by letter; but +never discovered that he was in the least disordered +in his senses, I always took him to be a man of sound +understanding. On the Sunday before his death, he +expressed himself with a great deal of good nature +and affection at the sight of his brother.</p></div> + +<p><i>Shepard</i> proposed to call evidence to show +that the place where the ship lay was not in +the city and county of Bristol.</p> + +<p><i>The Recorder</i> said that the evidence that had<span class="pagenum"><a name="Page_303" id="Page_303">[Pg 303]</a></span> +been given as to the service of writs, proved that +the King's Road was within the jurisdiction, and +it was admitted that the ship lay within the Road. +If, however, the prisoner could show that any +part of the Road was, or ever had been esteemed +to be, within any other county than the county +of the city of Bristol, he would hear him. He +then asked Mahony if he had anything to say.</p> + +<div class="blockquot"><p><span class="smcap">Mahony</span>—I hope your Lordship will consider that +I was a poor, pressed servant, and that I was drunk +when I made the confession, and I was frightened out +of my wits.</p> + +<p><span class="smcap">Mr. Recorder</span>—You say you were drunk when +you made the confession; it is possible, that night +when you were taken and brought before the magistrates +you were in liquor, but it seems your confession +was not taken until the next day.</p></div> + +<p><i>Vernon</i> then replied on the whole case; confining +himself to pointing out that if Goodere +was abetting Mahony in killing Sir John, it +made no difference that he was not in the cabin +at the time that he was killed.</p> + +<p><i>Shepard</i> replied, trying to distinguish Goodere's +case from those which had been cited by Vernon, +and suggesting that Goodere only brought his +brother on board the ship in order that he +might take proper care of him; but the Recorder +stopped him, pointing out that he was going off +from the point of law to matter of fact. He +said that he should tell the jury that if they +believed that Goodere stood at the cabin door<span class="pagenum"><a name="Page_304" id="Page_304">[Pg 304]</a></span> +to prevent any persons coming who might prevent +the murder, or to encourage those within +in the business they were about, they must find +him guilty on the indictment. He then recapitulated +the facts in some detail, but did +not add any comment. He concluded by laying +down the law as to whether Goodere was an +accessory to what was done, in the sense already +indicated, and told the jury that, in such a case +as the present, they would be well-advised not +to attach much weight to the evidence given as +to Goodere's character.</p> + +<p>The jury thereupon retired, and after a short +space returned, and found both the prisoners +Guilty.</p> + +<p>The next day Charles White was tried on a +separate indictment for the same murder. He +pleaded Not Guilty, but was convicted, chiefly +on the evidence of Jones the cooper and his +wife, and his own confession.</p> + +<p>On the next day all three prisoners were +brought up, and having nothing to say for +themselves were all sentenced to death.</p> + +<p>They were all hung at Bristol on the 15th of +April, having confessed the fact. 'The body +of Mahony is hung in chains near the place +where the horrid fact was committed.'</p> + +<div class="footnotes"><h3>FOOTNOTES:</h3> + +<div class="footnote"><p><a name="Footnote_51_51" id="Footnote_51_51"></a><a href="#FNanchor_51_51"><span class="label">[51]</span></a> Samuel Goodere (1687-1741) entered the navy in 1705, +served through the War of Spanish Succession, but in 1719 was +found guilty by a court-martial of having been very much +wanting in the performance of his duty in the attack on +St. Sebastian in the same year. He was temporarily appointed +to another ship for rank in 1733. He was then living with his +father, who had quarrelled with John; and apparently John +had quarrelled with his wife, who was supported against him +by Samuel. The father's will disappointed both sons, and +John, having cut off the entail of his estate during his son's +life, after his death announced his intention of leaving it to +one of the Footes, a cousin of the actor, which probably led to +his murder. Samuel left two sons; it seems doubtful whether +they succeeded to the baronetcy. The elder died insane. The +younger became a poor knight at Windsor, and dropped the +name of Goodere. He made himself conspicuous by the +oddity of his behaviour. He believed that a small sum of +money expended in law-proceedings would realise a fortune, +and that that money would be obtained through a wife. He +therefore frequented crowded places, and on seeing any woman +or girl he did not know would present her respectfully with +a printed proposal of marriage. He died in 1809.</p></div> + +<div class="footnote"><p><a name="Footnote_52_52" id="Footnote_52_52"></a><a href="#FNanchor_52_52"><span class="label">[52]</span></a> Sir Michael Foster (1681-1763) entered Exeter College +1705, was called to the Bar in 1713, and practised locally at +his native town of Marlborough. He became Recorder of +Bristol in 1735, and a puisne judge of the King's Bench in +1745. He enjoyed a great reputation as a master of Crown +Law, and was the author of the well-known <i>Discourses</i> on +that subject.</p></div> + +<div class="footnote"><p><a name="Footnote_53_53" id="Footnote_53_53"></a><a href="#FNanchor_53_53"><span class="label">[53]</span></a> After mentioning certain obsolete rules relating to indictments, +Sir James Stephen says:—'I do not think that anything +has tended more strongly to bring the law into discredit than +the importance attached to such technicalities as these. As +far as they went, their tendency was to make the administration +of justice a solemn farce. Such scandals do not seem, +however, to have been unpopular. Indeed, I have some doubt +whether they were not popular, as they did mitigate, though +in an irrational, capricious manner, the excessive severity of +the old criminal law' (<i>Hist. Crim. Law</i>, vol. i. p. 284).</p></div> + +<div class="footnote"><p><a name="Footnote_54_54" id="Footnote_54_54"></a><a href="#FNanchor_54_54"><span class="label">[54]</span></a> It is curious that Shepard did not take the point that the +prisoner was not described as a baronet, which he in fact +became on his brother's murder. Till recently such an objection +would have been fatal.</p></div> +</div> + +<p class="pagenum"><a name="Page_305" id="Page_305">[Pg 305]</a></p> + +<h2 class="gap4"><a name="INDEX" id="INDEX"></a>INDEX</h2> + +<p class="indfirst">Albemarle, Duke of, takes information in Lord Russell's case, ii. <a href="#Page_36">36</a>.</p> + +<p class="indmain">Albert, Archduke, sends embassy to James <span class="small">I.</span>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_3">3</a>;</p> +<p class="indsub">Cobham's connection with, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_24">24</a>.</p> + +<p class="indmain">Aldridge, George, witness against Cowper, how he left the town, ii. <a href="#Page_170">170</a>, <a href="#Page_171">171</a>.</p> + +<p class="indmain">Aleyn, Sir Thomas, witness against Col. Turner, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_170">170</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_180">180</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_186">186</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_191">191</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_192">192</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_201">201</a>.</p> + +<p class="indmain">Amy, Henry, wounds of French and Lord Warwick; arrival at the Bagnio of other duellists; condition of their swords, ii. <a href="#Page_101">101</a>.</p> + +<p class="indmain">Anderson, Lord Chief-Justice, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_10">10</a>.</p> + +<p class="indmain">Andrews, Doctor, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_22">22</a>.</p> + +<p class="indmain">Anglesey, Lord, gives evidence in favour of Lord Russell, ii. <a href="#Page_38">38</a>, <a href="#Page_39">39</a>.</p> + +<p class="indmain">Applegate, chairman, witness against Lord Warwick, ii. <a href="#Page_92">92</a>-<a href="#Page_95">95</a>;</p> +<p class="indsub">carried Lord Mohun to Leicester Fields, <a href="#Page_92">92</a>;</p> +<p class="indsub">carried French to the Bagnio, <a href="#Page_93">93</a>;</p> +<p class="indsub">Mohun tried to stop quarrel, <a href="#Page_95">95</a>.</p> + +<p class="indmain">Arabella. <i>See</i> <a href="#Stewart_Lady_Arabella">Stewart, Lady Arabella</a>.</p> + +<p class="indmain">Aremberg, Duke of, ambassador of Henry <span class="small">IV.</span>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_3">3</a>;</p> +<p class="indsub">overtures to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_3">3</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_12">12</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_19">19</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_29">29</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_35">35</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_55">55</a>;</p> +<p class="indsub">Raleigh's account of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_25">25</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_47">47</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_49">49</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_57">57</a>.</p> + +<p class="indmain">Argyle, Duke of, and Lord Russell's Plot, ii. <a href="#Page_27">27</a>.</p> + +<p class="indmain">Armstrong, Sir Thomas, and Lord Russell, ii. <a href="#Page_8">8</a>, <a href="#Page_11">11</a>, <a href="#Page_13">13</a>, <a href="#Page_47">47</a>;</p> +<p class="indsub">and the Rye House Plot, <a href="#Page_25">25</a>.</p> + +<p class="indmain">Arundel, Lord, at Raleigh's execution, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_69">69</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_71">71</a>.</p> + +<p class="indmain">Atterbury, a witness in Lord Russell's trial, ii. <a href="#Page_32">32</a>.</p> + +<p class="indmain">Axtel, Daniel, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_150">150</a>;</p> +<p class="indsub">statement by, as to Hulet, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_162">162</a>.</p> + +<p class="indfirst">Babington, Dr., witness against Cowper, ii. <a href="#Page_165">165</a>.</p> + +<p class="indmain">Barefoot, Mrs., witness for Cowper, ii. <a href="#Page_214">214</a>.</p> + +<p class="indmain">Barter, witness against Lady Lisle, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_249">249</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_250">250</a>;</p> +<p class="indsub">re-examined as to Dunne's statements, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_256">256</a>.</p> + +<p class="indmain">Beavor, witness against Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_152">152</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_154">154</a>.</p> + +<p class="indmain"><span class="pagenum"><a name="Page_306" id="Page_306">[Pg 306]</a></span>Berry, James, found Sarah Stout drowned, ii. <a href="#Page_151">151</a>, <a href="#Page_153">153</a>.</p> + +<p class="indmain">Blisset, Col., witness for Lord Warwick, ii. <a href="#Page_115">115</a>-<a href="#Page_117">117</a>;</p> +<p class="indsub">Warwick gives Coote 100 guineas, <a href="#Page_115">115</a>;</p> +<p class="indsub">friendship between them, <a href="#Page_116">116</a>.</p> + +<p class="indmain">Blunt, Charles, Earl of Devon, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_9">9</a>.</p> + +<p class="indmain">Bocking, Jane, bewitched, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_214">214</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_225">225</a>.</p> + +<p class="indmain">Bowd, witness for Cowper, as to Sarah Stout's melancholy, ii. <a href="#Page_239">239</a>, <a href="#Page_240">240</a>.</p> + +<p class="indmain">Bownes, John, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Bradshaw, John. <i>See</i> <a href="#Charles_I">Charles <span class="small">I.</span></a>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_75">75</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_119">119</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_76">76</a>;</p> +<p class="indsub">discusses authority of Court, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_80">80</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_87">87</a>;</p> +<p class="indsub">asks the King to plead, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_91">91</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_92">92</a>;</p> +<p class="indsub">declares sentence settled, King to be heard, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_96">96</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_97">97</a>;</p> +<p class="indsub">final speech by, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_103">103</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_117">117</a>.</p> + +<p class="indmain">Brandon, George, the executioner of Charles <span class="small">I.</span>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_163">163</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_165">165</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_166">166</a>.</p> + +<p class="indmain">Bridgman, Sir Orlando. <i>See</i> <a href="#Harrison">Harrison</a>, <a href="#Peters">Peters</a>, and <a href="#Hulet">Hulet</a>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_125">125</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>;</p> +<p class="indsub">tries Col. Turner, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_169">169</a>.</p> + +<p class="indmain">Brook, George, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_4">4</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_8">8</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_11">11</a>;</p> +<p class="indsub">and the 'Bye,' <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_16">16</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_30">30</a>;</p> +<p class="indsub">Cecil's examination of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_28">28</a>;</p> +<p class="indsub">pension to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_35">35</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_36">36</a>;</p> +<p class="indsub">and Copley, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_39">39</a>;</p> +<p class="indsub">examination of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_40">40</a>;</p> +<p class="indsub">book given to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_40">40</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_41">41</a>;</p> +<p class="indsub">and Arabella Stewart, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_47">47</a>.</p> + +<p class="indmain">Browne, Sir Thomas, witness against the Suffolk witches, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_227">227</a>.</p> + +<p class="indmain">Browne, Thomas, chairman, witness against Lord Warwick, ii. <a href="#Page_82">82</a>-<a href="#Page_87">87</a>;</p> +<p class="indsub">carried Coote to Leicester Fields, <a href="#Page_83">83</a>;</p> +<p class="indsub">tried to carry Coote to the surgeon, <a href="#Page_84">84</a>;</p> +<p class="indsub">cross-examined, <a href="#Page_81">81</a>, <a href="#Page_87">87</a>.</p> + +<p class="indmain">Buchanan, David, witness against Goodere, ii. <a href="#Page_268">268</a>-<a href="#Page_272">272</a>;</p> +<p class="indsub">Goodere and Mahony at Sir John's cabin, <a href="#Page_270">270</a>, <a href="#Page_271">271</a>.</p> + +<p class="indmain">Burnet, Dr., gives evidence in favour of Lord Russell, ii. <a href="#Page_40">40</a>-<a href="#Page_44">44</a>;</p> +<p class="indsub">accompanies him to the scaffold, <a href="#Page_54">54</a>.</p> + +<p class="indfirst">Campbell, Sir ——, and Lord Russell's plot, ii. <a href="#Page_28">28</a>.</p> + +<p class="indmain">Campian, Edmund, Jesuit, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_47">47</a>.</p> + +<p class="indmain">Capel, Lord, execution of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_164">164</a>.</p> + +<p class="indmain">Carew, advises Raleigh to escape, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_70">70</a>.</p> + +<p class="indmain">—— John, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Carpenter, Dunne's evidence as to, ii. <a href="#Page_68">68</a>, <a href="#Page_81">81</a>;</p> +<p class="indsub">witness against Lady Lisle, <a href="#Page_77">77</a>.</p> + +<p class="indmain">Castlewood, Lord, duel with Lord Mohun, ii. <a href="#Page_130">130</a>-<a href="#Page_135">135</a>.</p> + +<p class="indmain">Cavendish, Lord, gives evidence in favour of Lord Russell, ii. <a href="#Page_42">42</a>.</p> + +<p class="indmain">Cawthorne, witness against Lord Warwick, ii. <a href="#Page_68">68</a>-<a href="#Page_82">82</a>;</p> +<p class="indsub">French and Coote start from Locket's and return, <a href="#Page_70">70</a>, <a href="#Page_71">71</a>;</p> +<p class="indsub"><span class="pagenum"><a name="Page_307" id="Page_307">[Pg 307]</a></span>quarrel at Locket's, <a href="#Page_71">71</a>;</p> +<p class="indsub">party leave Locket's, <a href="#Page_71">71</a>, <a href="#Page_72">72</a>;</p> +<p class="indsub">cross-examination, <a href="#Page_72">72</a>-<a href="#Page_82">82</a>;</p> +<p class="indsub">heard no quarrel between Warwick and Coote, <a href="#Page_73">73</a>;</p> +<p class="indsub">quarrel at Locket's, <a href="#Page_75">75</a>-<a href="#Page_82">82</a>.</p> + +<p class="indmain">Chamberlain, Sir T., witness against Turner, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_189">189</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_190">190</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_201">201</a>.</p> + +<p class="indmain">Chandler, Susan, bewitched, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_214">214</a>;</p> +<p class="indsub">state of, at the Assizes, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_214">214</a>;</p> +<p class="indsub">evidence as to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_226">226</a>;</p> +<p class="indsub">recovers on verdict, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_234">234</a>.</p> + +<p class="indmain">Charles, Prince of Wales, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_61">61</a>.</p> + +<p class="indmain"><a name="Charles_I" id="Charles_I">Charles <span class="small">I.</span></a>, trial of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_75">75</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_119">119</a>:</p> +<p class="indsub">assembling of the High Court, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_76">76</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_79">79</a>;</p> +<p class="indsub">charge read, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_79">79</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_80">80</a>;</p> +<p class="indsub">authority of Court discussed, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_80">80</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_83">83</a>;</p> +<p class="indsub">the Court adjourns and re-assembles, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_83">83</a>;</p> +<p class="indsub">King charged, authority of Court discussed, and King refuses to plead, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_84">84</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_87">87</a>;</p> +<p class="indsub">Court adjourns and re-assembles, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_89">89</a>;</p> +<p class="indsub">Solicitor-General demands judgment, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_89">89</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_91">91</a>;</p> +<p class="indsub">King charged and refuses to plead, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_91">91</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_95">95</a>;</p> +<p class="indsub">Court adjourns and re-assembles, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_95">95</a>;</p> +<p class="indsub">sentence agreed on, King to be heard, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_96">96</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_97">97</a>;</p> +<p class="indsub">King demands to be heard by Lords and Commons and is refused, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_97">97</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_101">101</a>;</p> +<p class="indsub">Bradshaw's speech, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_103">103</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_117">117</a>;</p> +<p class="indsub">sentence on the King, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_118">118</a>.</p> + +<p class="indmain"><a name="Charles_II" id="Charles_II">Charles <span class="small">II.</span> and the regicides</a>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_120">120</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_125">125</a>.</p> + +<p class="indmain">Clement, seaman, witness against Cowper, as to corpses floating, ii. <a href="#Page_166">166</a>-<a href="#Page_168">168</a>.</p> + +<p class="indmain">Clifford, Lord, witness for Lord Russell, ii. <a href="#Page_46">46</a>.</p> + +<p class="indmain">Coatsworth, surgeon, witness against Cowper, ii. <a href="#Page_158">158</a>, <a href="#Page_159">159</a>, <a href="#Page_163">163</a>, <a href="#Page_164">164</a>.</p> + +<p class="indmain">Cobham, Lord. <i>See</i> <a href="#Raleigh">Raleigh</a>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_1">1</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_71">71</a>;</p> +<p class="indsub">in opposition, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_2">2</a>;</p> +<p class="indsub">overtures to French and Spanish, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_3">3</a>;</p> +<p class="indsub">Raleigh accuses, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_5">5</a>;</p> +<p class="indsub">avows Raleigh's guilt; <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_6">6</a>;</p> +<p class="indsub">not a witness, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_33">33</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_37">37</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_39">39</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_47">47</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_49">49</a>;</p> +<p class="indsub">takes message to Aremberg, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_19">19</a>;</p> +<p class="indsub">letter to, from Raleigh, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_21">21</a>;</p> +<p class="indsub">Raleigh's instigation of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_21">21</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_23">23</a>;</p> +<p class="indsub">examination of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_23">23</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_24">24</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_40">40</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_41">41</a>;</p> +<p class="indsub">Raleigh's reply to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_25">25</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_26">26</a>;</p> +<p class="indsub">second examination of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_26">26</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_27">27</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_35">35</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_45">45</a>;</p> +<p class="indsub">Cecil's examination of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_28">28</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_29">29</a>;</p> +<p class="indsub">Coke's argument as to Raleigh's complicity with, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_29">29</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_33">33</a>;</p> +<p class="indsub">Raleigh's confession as to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_36">36</a>;</p> +<p class="indsub">letter to the lords, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_55">55</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_56">56</a>;</p> +<p class="indsub">to Raleigh, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_56">56</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_57">57</a>.</p> + +<p class="indmain">Cochram, Sir John, and Lord Russell's plot, ii. <a href="#Page_28">28</a>, <a href="#Page_29">29</a>.</p> + +<p class="indmain">Coke. <i>See</i> <a href="#Raleigh">Raleigh's trial</a>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_1">1</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_71">71</a>;</p> +<p class="indsub">opening speech by, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_13">13</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_23">23</a>;</p> +<p class="indsub">on Raleigh's connection with Cobham, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_29">29</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_33">33</a>;</p> +<p class="indsub">on Cobham's letter, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_53">53</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_56">56</a>;</p> +<p class="indsub"><span class="pagenum"><a name="Page_308" id="Page_308">[Pg 308]</a></span>final sentence of Raleigh by, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_65">65</a>.</p> + +<p class="indmain">Cook, John, solicitor to the Commonwealth, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_79">79</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_124">124</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Coote, opening as to, in Lord Warwick's case, ii. <a href="#Page_65">65</a>-<a href="#Page_68">68</a>;</p> +<p class="indsub">leaves Locket's first and returns, <a href="#Page_71">71</a>;</p> +<p class="indsub">leaves with Warwick and Lord Mohun, <a href="#Page_71">71</a>, <a href="#Page_72">72</a>;</p> +<p class="indsub">no quarrel with Warwick, <a href="#Page_73">73</a>, <a href="#Page_74">74</a>, <a href="#Page_76">76</a>, <a href="#Page_108">108</a>, <a href="#Page_110">110</a>, <a href="#Page_114">114</a>, <a href="#Page_117">117</a>, <a href="#Page_119">119</a>;</p> +<p class="indsub">quarrel with French, <a href="#Page_75">75</a>;</p> +<p class="indsub">conversation of, with Warwick and Mohun in St. Martin's Lane, <a href="#Page_83">83</a>, <a href="#Page_86">86</a>, <a href="#Page_87">87</a>;</p> +<p class="indsub">wounded in Leicester Square, <a href="#Page_84">84</a>, <a href="#Page_88">88</a>;</p> +<p class="indsub">death of, <a href="#Page_89">89</a>;</p> +<p class="indsub">killed by French, <a href="#Page_102">102</a>;</p> +<p class="indsub">news of his death, <a href="#Page_104">104</a>;</p> +<p class="indsub">Warwick's account of the death of, <a href="#Page_111">111</a>, <a href="#Page_112">112</a>;</p> +<p class="indsub">receives money from Warwick, <a href="#Page_115">115</a>, <a href="#Page_116">116</a>.</p> + +<p class="indmain">Copley, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_4">4</a>;</p> +<p class="indsub">his confession, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_35">35</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_39">39</a>.</p> + +<p class="indmain">Corriton, prosecutes Lady Lisle, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_241">241</a>.</p> + +<p class="indmain">Cotton, Sir Robert, King Charles taken to his house, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_89">89</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_119">119</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_150">150</a>.</p> + +<p class="indmain">Court, Theodore, witness against Goodere, master of the <i>Ruby</i>, ii. <a href="#Page_264">264</a>-<a href="#Page_267">267</a>, <a href="#Page_268">268</a>.</p> + +<p class="indmain">Cowper, Dr. W., witness for Spencer Cowper, ii. <a href="#Page_197">197</a>.</p> + +<p class="indmain"><a id="Cowper_Spencer" name="Cowper_Spencer">—— Spencer, trial of</a>, ii. <a href="#Page_139">139</a>-<a href="#Page_228">228</a>;</p> +<p class="indsub">opening of case against, <a href="#Page_141">141</a>-<a href="#Page_146">146</a>;</p> +<p class="indsub">at Sarah Stout's house, Walker's evidence, <a href="#Page_140">140</a>-<a href="#Page_148">148</a>;</p> +<p class="indsub">Sarah Stout's melancholy, <a href="#Page_140">140</a>-<a href="#Page_151">151</a>;</p> +<p class="indsub">the finding of Sarah Stout's body, <a href="#Page_151">151</a>-<a href="#Page_155">155</a>;</p> +<p class="indsub">medical evidence for the prosecution, <a href="#Page_154">154</a>-<a href="#Page_162">162</a>;</p> +<p class="indsub">evidence as to dead bodies floating, <a href="#Page_162">162</a>-<a href="#Page_169">169</a>;</p> +<p class="indsub">how Cowper left Hertford, <a href="#Page_169">169</a>, <a href="#Page_170">170</a>;</p> +<p class="indsub">Cowper's defence, <a href="#Page_183">183</a>-<a href="#Page_187">187</a>;</p> +<p class="indsub">the finding of the body, <a href="#Page_187">187</a>-<a href="#Page_194">194</a>;</p> +<p class="indsub">medical evidence, evidence of Sir Hans Sloane, etc., <a href="#Page_194">194</a>-<a href="#Page_199">199</a>;</p> +<p class="indsub">Sarah Stout's melancholy, <a href="#Page_199">199</a>-<a href="#Page_205">205</a>;</p> +<p class="indsub">Sarah Stout and Mr. Marshall, <a href="#Page_206">206</a>-<a href="#Page_208">208</a>;</p> +<p class="indsub">letters to Marshall, <a href="#Page_208">208</a>-<a href="#Page_210">210</a>;</p> +<p class="indsub">letters to Cowper, <a href="#Page_210">210</a>-<a href="#Page_212">212</a>;</p> +<p class="indsub">Cowper's connection with Sarah Stout, <a href="#Page_212">212</a>-<a href="#Page_214">214</a>;</p> +<p class="indsub">summing up, <a href="#Page_224">224</a>-<a href="#Page_246">246</a>;</p> +<p class="indsub">acquittal and appeal proceedings, <a href="#Page_227">227</a>, <a href="#Page_228">228</a>.</p> + +<p class="indmain">Cowper, William, witness for Spencer Cowper, ii. <a href="#Page_212">212</a>-<a href="#Page_214">214</a>.</p> + +<p class="indmain">—— Mrs., evidence of, for Spencer Cowper, as to Sarah Stout's melancholy, ii. <a href="#Page_201">201</a>, <a href="#Page_202">202</a>.</p> + +<p class="indmain">Cox, Dr. Thomas, witness for Lord Russell, ii. <a href="#Page_44">44</a>.</p> + +<p class="indmain">—— William, witness against Hulet, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_164">164</a>.</p> + +<p class="indmain">Crattle, James, witness against Lord Warwick, ii. <a href="#Page_90">90</a>-<a href="#Page_92">92</a>;</p> +<p class="indsub">carried him to Leicester Square, <a href="#Page_90">90</a>;</p> +<p class="indsub">and to the Bagnio, <a href="#Page_91">91</a>.</p> + +<p class="indmain"><span class="pagenum"><a name="Page_309" id="Page_309">[Pg 309]</a></span>Creed, witness for Lady Lisle, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_262">262</a>.</p> + +<p class="indmain">Crippes, William, witness against Lord Warwick, ii. <a href="#Page_87">87</a>-<a href="#Page_90">90</a>;</p> +<p class="indsub">helped to carry Coote to Leicester Fields, <a href="#Page_87">87</a>;</p> +<p class="indsub">conversation in St. Martin's Lane, <a href="#Page_87">87</a>, <a href="#Page_88">88</a>;</p> +<p class="indsub">Coote wounded, <a href="#Page_88">88</a>.</p> + +<p class="indmain">Cromwell, Oliver, and Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_142">142</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_145">145</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_149">149</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_150">150</a>.</p> + +<p class="indmain"><a name="Cullender_Rose" id="Cullender_Rose">Cullender, Rose, trial of</a>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_211">211</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_235">235</a>;</p> +<p class="indsub">indictment, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_213">213</a>;</p> +<p class="indsub">bewitched the Pacys, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_221">221</a>; <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_223">223</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_224">224</a>;</p> +<p class="indsub">and the Durents, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_225">225</a>;</p> +<p class="indsub">and Susan Chandler, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_226">226</a>;</p> +<p class="indsub">touches the children in court, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_229">229</a>;</p> +<p class="indsub">bewitches Soam's cart, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_231">231</a>;</p> +<p class="indsub">and Sherringham's beasts, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_232">232</a>;</p> +<p class="indsub">defence of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_233">233</a>;</p> +<p class="indsub">summing up and verdict as to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_234">234</a>.</p> + +<p class="indfirst">Dew, Robert, witness for Cowper, as to finding Sarah Stout's body, ii. <a href="#Page_188">188</a>-<a href="#Page_190">190</a>.</p> + +<p class="indmain">Dimsdale, John (senior), surgeon, witness against Cowper, ii. <a href="#Page_160">160</a>-<a href="#Page_162">162</a>.</p> + +<p class="indmain">—— —— surgeon, witness against Cowper, ii. <a href="#Page_154">154</a>-<a href="#Page_156">156</a>, <a href="#Page_161">161</a>.</p> + +<p class="indmain">Dockwra, opening as to, in Lord Warwick's case, ii. <a href="#Page_165">165</a>;</p> +<p class="indsub">arrival at the Bagnio, <a href="#Page_97">97</a>;</p> +<p class="indsub">tried for murder of Coote, and convicted of manslaughter, <a href="#Page_112">112</a>.</p> + +<p class="indmain">Doncaster, Lord, at Raleigh's execution, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_69">69</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_70">70</a>.</p> + +<p class="indmain">Duckinfield, Captain Loftus, witness against Lord Warwick, ii. <a href="#Page_102">102</a>-<a href="#Page_107">107</a>;</p> +<p class="indsub">interview with Warwick, James, and Dockwra, <a href="#Page_102">102</a>;</p> +<p class="indsub">French killed Coote, <a href="#Page_102">102</a>;</p> +<p class="indsub">Warwick fought with James, <a href="#Page_103">103</a>;</p> +<p class="indsub">duellists to leave London, <a href="#Page_104">104</a>;</p> +<p class="indsub">condition of Warwick's sword, <a href="#Page_105">105</a>.</p> + +<p class="indmain">Dunne, James, witness against Lady Lisle, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_242">242</a>;</p> +<p class="indsub">examination in chief, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_242">242</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_247">247</a>;</p> +<p class="indsub">cross-examination of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_247">247</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_249">249</a>;</p> +<p class="indsub">re-examined as to what he told Lady Lisle, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_250">250</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_255">255</a>;</p> +<p class="indsub">re-examined as to arrests at Moyles Court, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_255">255</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_257">257</a>;</p> +<p class="indsub">final examination of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_258">258</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_261">261</a>.</p> + +<p class="indmain"><a name="Duny_Amy" id="Duny_Amy">Duny, Amy, trial of</a>, for witchcraft, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_211">211</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_235">235</a>;</p> +<p class="indsub">indictment, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_213">213</a>;</p> +<p class="indsub">bewitches William Durent, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_215">215</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_217">217</a>;</p> +<p class="indsub">and Elizabeth Durent, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_217">217</a>;</p> +<p class="indsub">and Dorothy Durent, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_218">218</a>;</p> +<p class="indsub">touches Elizabeth Pacy, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_219">219</a>;</p> +<p class="indsub">bewitches Elizabeth Pacy, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_220">220</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_225">225</a>;</p> +<p class="indsub">admission by, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_221">221</a>;</p> +<p class="indsub">bewitches Diana Booking, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_225">225</a>;</p> +<p class="indsub">present while a child is touched by another, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_229">229</a>;</p> +<p class="indsub">bewitches geese, a chimney, and a firkin of fish, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_232">232</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_233">233</a>;</p> +<p class="indsub">defence by, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_233">233</a>;</p> +<p class="indsub">summing up as to, and verdict, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_234">234</a>.</p> + +<p class="indmain">Durent, Ann, bewitched, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_213">213</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_225">225</a>;</p> +<p class="indsub"><span class="pagenum"><a name="Page_310" id="Page_310">[Pg 310]</a></span>state of, at the Assizes, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_214">214</a>.</p> + +<p class="indmain">Durent, Elizabeth, bewitched, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_213">213</a>;</p> +<p class="indsub">bewitched by Amy Duny, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_217">217</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_218">218</a>.</p> + +<p class="indmain">—— William, bewitched, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_214">214</a>;</p> +<p class="indsub">bewitched by Amy Duny, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_215">215</a>.</p> + +<p class="indfirst">Esmond, Henry, present at duel between Lord Castlewood and Lord Mohun, ii. <a href="#Page_130">130</a>-<a href="#Page_135">135</a>.</p> + +<p class="indmain">Essex, Earl of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_54">54</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_59">59</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_70">70</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_71">71</a>.</p> + +<p class="indmain">—— —— and Lord Russell, ii. <a href="#Page_8">8</a>;</p> +<p class="indsub">Howard's evidence as to, <a href="#Page_26">26</a>, <a href="#Page_29">29</a>.</p> + +<p class="indfirst">Fairfax, Lady, interrupts Charles <span class="small">I.</span>'s trial, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_96">96</a>.</p> + +<p class="indmain">Fane, guides Dunne to Moyles Court, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_246">246</a>.</p> + +<p class="indmain">Ferguson, and Lord Russell, ii. <a href="#Page_8">8</a>, <a href="#Page_13">13</a>.</p> + +<p class="indmain">Finch, Sir Heneage, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_127">127</a>;</p> +<p class="indsub">prosecutes Russell when Solicitor-General, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_5">5</a>;</p> +<p class="indsub">speech of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_47">47</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_50">50</a>.</p> + +<p class="indmain">Fleetwood, George, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Ford, Sir Richard, sheriff, complaint against, in Turner's trial, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_169">169</a>;</p> +<p class="indsub">at Turner's execution, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_208">208</a>.</p> + +<p class="indmain">Foster, Sir Richard, tries Goodere, ii. <a href="#Page_232">232</a>.</p> + +<p class="indmain">Foster, Sir Robert, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_126">126</a>.</p> + +<p class="indmain">French, opening as to, in Lord Warwick's case, ii. <a href="#Page_65">65</a>-<a href="#Page_68">68</a>;</p> +<p class="indsub">leaves Locket's first, and returns, <a href="#Page_71">71</a>;</p> +<p class="indsub">quarrel with Coote, <a href="#Page_75">75</a>;</p> +<p class="indsub">wounded, <a href="#Page_93">93</a>;</p> +<p class="indsub">arrival at the Bagnio, <a href="#Page_96">96</a>;</p> +<p class="indsub">condition of his sword, <a href="#Page_97">97</a>, <a href="#Page_98">98</a>;</p> +<p class="indsub">killed Coote, <a href="#Page_102">102</a>;</p> +<p class="indsub">tried for murder of Coote, and convicted of manslaughter, <a href="#Page_112">112</a>.</p> + +<p class="indmain">Fry, Elizabeth, witness against Turner, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_184">184</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_185">185</a>.</p> + +<p class="indfirst">Garland, Austin, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Garth, Dr., witness for Cowper, ii. <a href="#Page_235">235</a>, <a href="#Page_236">236</a>.</p> + +<p class="indmain">Gin, Richard, seaman, witness against Cowper as to corpses floating, ii. <a href="#Page_168">168</a>, <a href="#Page_169">169</a>.</p> + +<p class="indmain">Gittens, witness against Hulet, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_158">158</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_160">160</a>.</p> + +<p class="indmain">Glover, Cornelius, witness against Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_154">154</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_155">155</a>.</p> + +<p class="indmain">Goodall, witness against Lord Warwick, arrival of the duellists at the Bagnio, ii. <a href="#Page_101">101</a>.</p> + +<p class="indmain">Goodere, Sir John. <i>See</i> <a href="#Goodere_Samuel">Goodere, Samuel</a>.</p> + +<p class="indmain"><a id="Goodere_Samuel" name="Goodere_Samuel">—— Samuel, trial of</a>, ii. <a href="#Page_231">231</a>-<a href="#Page_304">304</a>;</p> +<p class="indsub">Vernon opens the case, <a href="#Page_232">232</a>-<a href="#Page_236">236</a>;</p> +<p class="indsub">Sir John at Jarrit Smith's house, <a href="#Page_238">238</a>, <a href="#Page_239">239</a>;</p> +<p class="indsub">meets Goodere there, <a href="#Page_241">241</a>, <a href="#Page_242">242</a>;</p> +<p class="indsub">counsel's right to cross-examine, <a href="#Page_245">245</a>;</p> +<p class="indsub">description of Sir John in the indictment, <a href="#Page_247">247</a>, <a href="#Page_248">248</a>;</p> +<p class="indsub">Goodere visits the White Hart, <a href="#Page_249">249</a>-<a href="#Page_254">254</a>;</p> +<p class="indsub"><span class="pagenum"><a name="Page_311" id="Page_311">[Pg 311]</a></span>Sir John carried to the <i>Ruby</i>, <a href="#Page_255">255</a>-<a href="#Page_264">264</a>;</p> +<p class="indsub">Sir John on the <i>Ruby</i>, <a href="#Page_264">264</a>-<a href="#Page_289">289</a>;</p> +<p class="indsub">Sir John murdered, <a href="#Page_274">274</a>-<a href="#Page_282">282</a>;</p> +<p class="indsub">Mahony's confession, <a href="#Page_291">291</a>-<a href="#Page_295">295</a>;</p> +<p class="indsub">question of jurisdiction, <a href="#Page_295">295</a>;</p> +<p class="indsub">Sir John's madness, <a href="#Page_297">297</a>-<a href="#Page_301">301</a>;</p> +<p class="indsub">Goodere's character, <a href="#Page_301">301</a>;</p> +<p class="indsub">defence, <a href="#Page_303">303</a>;</p> +<p class="indsub">summing up, verdict and sentence, <a href="#Page_304">304</a>.</p> + +<p class="indmain">Gore, Mr. Sutton, witness for Lord Russell, ii. <a href="#Page_46">46</a>.</p> + +<p class="indmain">Gregory, Clement, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Grey, Lord, connection with Raleigh, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_2">2</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_8">8</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_16">16</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_17">17</a>;</p> +<p class="indsub">Cecil arrests, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_28">28</a>.</p> + +<p class="indmain">Grey of Werk, Lord, and Lord Russell, ii. <a href="#Page_7">7</a>, <a href="#Page_8">8</a>, <a href="#Page_11">11</a>, <a href="#Page_13">13</a>, <a href="#Page_47">47</a>.</p> + +<p class="indmain">Gunter, witness against Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_145">145</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_146">146</a>.</p> + +<p class="indmain">Gurrey, John, Mrs., and Elizabeth, witnesses against Stephens, etc., their conduct and conversation in Hertford, ii. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_171">171</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_180">180</a>.</p> + +<p class="indfirst">Hacker, Francis, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Hale, Sir Matthew, trial of Suffolk witches by, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_212">212</a>;</p> +<p class="indsub">Lord Campbell on, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_213">213</a> <i>n.</i></p> + +<p class="indmain">Hamilton, Duke of, execution of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_164">164</a>.</p> + +<p class="indmain">Hampden, John, and Lord Russell, ii. <a href="#Page_10">10</a>;</p> +<p class="indsub">Howard's evidence as to, <a href="#Page_26">26</a>.</p> + +<p class="indmain"><a id="Harrison" name="Harrison">Harrison</a>, Colonel Thomas, trial of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_130">130</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_139">139</a>;</p> +<p class="indsub">pleads after discussion, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_130">130</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_131">131</a>;</p> +<p class="indsub">present in the High Court, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_133">133</a>;</p> +<p class="indsub">and at a Committee Meeting, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_132">132</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_133">133</a>;</p> +<p class="indsub">conducted the King from Hurst Castle to London, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_133">133</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_134">134</a>;</p> +<p class="indsub">defence of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_135">135</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_139">139</a>;</p> +<p class="indsub">sentence on, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_139">139</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_140">140</a>.</p> + +<p class="indmain">Hatsell, Sir Henry, tries Spencer Cowper, ii. <a href="#Page_140">140</a>.</p> + +<p class="indmain">Hawles, Sir John, prosecutes Lord Warwick when Solicitor-General, ii. <a href="#Page_122">122</a>-<a href="#Page_127">127</a>.</p> + +<p class="indmain">Heale, Serjeant, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_13">13</a>.</p> + +<p class="indmain">Henry, Prince of Wales, Raleigh's pupil, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_61">61</a>.</p> + +<p class="indmain">Henry <span class="small">IV.</span> of France, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_3">3</a>.</p> + +<p class="indmain">Hevingham, William, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Hewson, Colonel, and King Charles's execution, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_159">159</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_160">160</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_161">161</a>.</p> + +<p class="indmain">Hicks, and Lady Lisle, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_241">241</a>;</p> +<p class="indsub">tried and hanged, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_242">242</a>;</p> +<p class="indsub">Lady Lisle agrees to receive, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_244">244</a>;</p> +<p class="indsub">journey with Dunne, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_245">245</a>;</p> +<p class="indsub">discovered at Moyles Court, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_255">255</a>;</p> +<p class="indsub">message to, and reception by, Lady Lisle, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_258">258</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_261">261</a>.</p> + +<p class="indmain">Hide, Sir Robert, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_126">126</a>;</p> +<p class="indsub">tries Colonel Turner, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_169">169</a>;</p> +<p class="indsub">summing up of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_193">193</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_194">194</a>.</p> + +<p class="indmain">Hill, William, witness against Turner, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_182">182</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_184">184</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_191">191</a>.</p> + +<p class="indmain">Hobbs, Morris, witness against Goodere, landlord of the White Hart, ii. <a href="#Page_248">248</a>-<a href="#Page_255">255</a>;</p> +<p class="indsub"><span class="pagenum"><a name="Page_312" id="Page_312">[Pg 312]</a></span>Goodere's first visit, <a href="#Page_290">290</a>-<a href="#Page_292">292</a>;</p> +<p class="indsub">his second visit, <a href="#Page_293">293</a>-<a href="#Page_295">295</a>.</p> + +<p class="indmain">Holland, Earl of, execution of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_164">164</a>.</p> + +<p class="indmain">Hollis, Denzil, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_136">136</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_138">138</a>.</p> + +<p class="indmain">Holt, John, defends Lord Russell, ii. <a href="#Page_6">6</a>.</p> + +<p class="indmain">Howard, Thomas, Earl of Suffolk, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_8">8</a>.</p> + +<p class="indmain">—— Henry, Earl of Northampton, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_9">9</a>.</p> + +<p class="indmain">—— of Escrick, Lord, and Lord Russell, ii. <a href="#Page_8">8</a>;</p> +<p class="indsub">witness against Lord Russell, ii. <a href="#Page_14">14</a>-<a href="#Page_32">32</a>;</p> +<p class="indsub">declarations of Russell's innocence, <a href="#Page_38">38</a>-<a href="#Page_42">42</a>, <a href="#Page_44">44</a>-<a href="#Page_46">46</a>, <a href="#Page_48">48</a>, <a href="#Page_52">52</a>.</p> + +<p class="indmain">—— Mr., gives evidence in favour of Lord Russell, ii. <a href="#Page_39">39</a>-<a href="#Page_41">41</a>.</p> + +<p class="indmain"><a id="Hulet" name="Hulet">Hulet</a>, William, trial of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_158">158</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_166">166</a>;</p> +<p class="indsub">on the scaffold of Charles <span class="small">I.</span>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_159">159</a>;</p> +<p class="indsub">statements by, and reports as to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_160">160</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_163">163</a>;</p> +<p class="indsub">sentence on, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_165">165</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_166">166</a>.</p> + +<p class="indfirst">Ireton, General, and Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_146">146</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_147">147</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_148">148</a>.</p> + +<p class="indfirst">James, opening as to, in Lord Warwick's trial, ii. <a href="#Page_65">65</a>-<a href="#Page_68">68</a>;</p> +<p class="indsub">sent for to Locket's, <a href="#Page_69">69</a>;</p> +<p class="indsub">tries to stop the quarrel, <a href="#Page_80">80</a>;</p> +<p class="indsub">arrival at the Bagnio, <a href="#Page_87">87</a>;</p> +<p class="indsub">condition of his sword, <a href="#Page_100">100</a>;</p> +<p class="indsub">fought with Warwick, <a href="#Page_103">103</a>;</p> +<p class="indsub">tried for murder of Coote, and convicted of manslaughter, <a href="#Page_112">112</a>.</p> + +<p class="indmain">Jeffreys, Lord Chief-Justice, tries Lady Lisle, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_239">239</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_275">275</a>;</p> +<p class="indsub">summing up of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_263">263</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_269">269</a>;</p> +<p class="indsub">and the jury, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_270">270</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_272">272</a>;</p> +<p class="indsub">prosecutes Lord Russell when a serjeant, ii. <a href="#Page_50">50</a>.</p> + +<p class="indmain">Jenkins, Sir Leoline, takes information in Lord Russell's case, ii. <a href="#Page_36">36</a>.</p> + +<p class="indmain">Jones, conducts prosecution of Cowper, ii. <a href="#Page_140">140</a>.</p> + +<p class="indmain">—— Edward, witness against Goodere, ii. <a href="#Page_274">274</a>-<a href="#Page_279">279</a>;</p> +<p class="indsub">saw murder of Sir John, <a href="#Page_276">276</a>;</p> +<p class="indsub">helped to arrest captain, <a href="#Page_278">278</a>.</p> + +<p class="indmain">—— Mrs., witness against Goodere, saw murder of Sir John, ii. <a href="#Page_280">280</a>, <a href="#Page_281">281</a>.</p> + +<p class="indmain">—— John, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indfirst">Keeting, Captain, witness for Lord Warwick, ii. <a href="#Page_113">113</a>, <a href="#Page_114">114</a>.</p> + +<p class="indmain">Kelyng, Sir John, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_127">127</a>;</p> +<p class="indsub">action in trial of Suffolk witches, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_226">226</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_229">229</a>.</p> + +<p class="indmain">Kemish, Francis, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_21">21</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_45">45</a>.</p> + +<p class="indfirst">La Chesnee, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_64">64</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_70">70</a>.</p> + +<p class="indmain">Lawrency, Raleigh plots with, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_19">19</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_25">25</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_29">29</a>;</p> +<p class="indsub">examination of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_35">35</a>.</p> + +<p class="indmain">Le Clerc, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_63">63</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_70">70</a>.</p> + +<p class="indmain">Leeds, Duke of, cross-examination by, in Lord Warwick's trial, ii. <a href="#Page_85">85</a>, <a href="#Page_86">86</a>.</p> + +<p class="indmain">Lilburne, Robert, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Lisle, John, husband of Lady Lisle, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_239">239</a>.</p> + +<p class="indmain"><span class="pagenum"><a name="Page_313" id="Page_313">[Pg 313]</a></span>—— Lady Alice, trial of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_239">239</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_275">275</a>;</p> +<p class="indsub">agrees to receive Hicks, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_244">244</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_245">245</a>;</p> +<p class="indsub">Dunne's first account of her reception of Hicks, etc., <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_246">246</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_249">249</a>;</p> +<p class="indsub">Barter's account of the same, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_249">249</a>;</p> +<p class="indsub">Dunne's second account, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_250">250</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_255">255</a>;</p> +<p class="indsub">denial of, as to Hicks and Nelthorp, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_257">257</a>;</p> +<p class="indsub">Dunne's third account, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_258">258</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_261">261</a>;</p> +<p class="indsub">defence of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_262">262</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_263">263</a>;</p> +<p class="indsub">summing up as to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_263">263</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_269">269</a>; verdict, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_272">272</a>;</p> +<p class="indsub">sentence, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_272">272</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_273">273</a>;</p> +<p class="indsub">execution of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_274">274</a>;</p> +<p class="indsub">reversal of attainder of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_274">274</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_275">275</a>.</p> + +<p class="indfirst">Macartney, Captain, second to Lord Castlewood, ii. <a href="#Page_130">130</a>-<a href="#Page_135">135</a>.</p> + +<p class="indmain">Mallett, Sir Robert, tries the regicides, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_126">126</a>.</p> + +<p class="indmain">Manchester, Lord, tries the regicides, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_136">136</a>.</p> + +<p class="indmain">Markham, Sir Griffen, and the 'Bye,' i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_4">4</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_6">6</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_21">21</a>.</p> + +<p class="indmain">Marshall, witness for Cowper, acquaintance with Sarah Stout, ii. <a href="#Page_207">207</a>, <a href="#Page_208">208</a>;</p> +<p class="indsub">letters from Sarah Stout, <a href="#Page_208">208</a>, <a href="#Page_210">210</a>.</p> + +<p class="indmain">Marson, John (see <a href="#Cowper_Spencer">Cowper, Spencer, trial of</a>, ii. <a href="#Page_139">139</a>-<a href="#Page_228">228</a>);</p> +<p class="indsub">leaves London and arrives at Hertford, <a href="#Page_218">218</a>, <a href="#Page_224">224</a>;</p> +<p class="indsub">conversation at Gurrey's, <a href="#Page_219">219</a>;</p> +<p class="indsub">at the Devil, <a href="#Page_221">221</a>;</p> +<p class="indsub">character of, <a href="#Page_221">221</a>, <a href="#Page_222">222</a>;</p> +<p class="indsub">summing up, <a href="#Page_224">224</a>-<a href="#Page_226">226</a>;</p> +<p class="indsub">verdict, <a href="#Page_227">227</a>.</p> + +<p class="indmain">Marten, Henry, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_124">124</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Masterson, witness against Harrison, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_132">132</a>.</p> + +<p class="indmain">Melvile, Lord, and Lord Russell's plot, ii. <a href="#Page_28">28</a>.</p> + +<p class="indmain">Meyn, Simon, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Millington, Gilbert, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">—— witness against Turner, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_188">188</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_201">201</a>.</p> + +<p class="indmain">Milton, John, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_124">124</a>.</p> + +<p class="indmain">Mohun, Lord, ii. <a href="#Page_59">59</a>;</p> +<p class="indsub">true bill against, <a href="#Page_62">62</a>;</p> +<p class="indsub">opening as to, <a href="#Page_65">65</a>-<a href="#Page_68">68</a>;</p> +<p class="indsub">tries to stop quarrel at Locket's, <a href="#Page_71">71</a>, <a href="#Page_77">77</a>, <a href="#Page_79">79</a>, <a href="#Page_80">80</a>;</p> +<p class="indsub">leaves with Lord Warwick and Coote, <a href="#Page_71">71</a>, <a href="#Page_72">72</a>;</p> +<p class="indsub">conversation of, with Coote and Warwick in St. Martin's Lane, <a href="#Page_83">83</a>, <a href="#Page_86">86</a>;</p> +<p class="indsub">trial and acquittal of, <a href="#Page_130">130</a>;</p> +<p class="indsub">duel with Lord Castlewood, <a href="#Page_130">130</a>-<a href="#Page_135">135</a>.</p> + +<p class="indmain">Monmouth, Duke of, and Lord Russell, ii. <a href="#Page_7">7</a>, <a href="#Page_11">11</a>, <a href="#Page_13">13</a>;</p> +<p class="indsub">connection with Lord Howard, <a href="#Page_20">20</a>-<a href="#Page_26">26</a>, <a href="#Page_47">47</a>, <a href="#Page_48">48</a>, <a href="#Page_51">51</a>.</p> + +<p class="indmain">Montague, Lord Chief-Baron, tries Russell, ii. <a href="#Page_5">5</a>.</p> + +<p class="indmain">Mortimer, Dr., witness against Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_151">151</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_152">152</a>.</p> + +<p class="indmain">Mosely, witness for Turner, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_201">201</a>.</p> + +<p class="indmain">Mundy, prosecutes Lady Lisle, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_241">241</a>.</p> + +<p class="indfirst">Nailor, Dr., witness against Cowper, ii. <a href="#Page_164">164</a>.</p> + +<p class="indmain">Nelson, Lieut.-Col., witness against Hulet, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_162">162</a>.</p> + +<p class="indmain"><span class="pagenum"><a name="Page_314" id="Page_314">[Pg 314]</a></span>Nelthorpe, brought to Lady Lisle by Dunne, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_245">245</a>;</p> +<p class="indsub">discovered at Moyles Court, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_255">255</a>;</p> +<p class="indsub">reception by Lady Lisle, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_258">258</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_261">261</a>.</p> + +<p class="indmain">Nevill, Sir Edward, opinion of, in Lord Warwick's case, ii. <a href="#Page_126">126</a>.</p> + +<p class="indmain">Newburgh, Lord, witness against Harrison, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_133">133</a>.</p> + +<p class="indmain">Normanby, Marquis of, cross-examination by, in Lord Warwick's trial, ii. <a href="#Page_85">85</a>.</p> + +<p class="indmain">Northampton, Lord, at Raleigh's execution, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_61">61</a>.</p> + +<p class="indmain">North, Sir Dudley, appointed Sheriff of London, ii. <a href="#Page_3">3</a>.</p> + +<p class="indmain">—— Francis, prosecutes Lord Russell, ii. <a href="#Page_5">5</a>;</p> +<p class="indsub">opens the case, <a href="#Page_7">7</a>.</p> + +<p class="indmain">Northumberland, Earl of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_2">2</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_3">3</a>.</p> + +<p class="indmain">Nunnelly, Richard, witness against Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_150">150</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_151">151</a>.</p> + +<p class="indmain">Nutley, witness against Harrison, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_132">132</a>.</p> + +<p class="indfirst">Pacy, Deborah, bewitched, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_214">214</a>;</p> +<p class="indsub">too ill to be brought to the Assizes, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_219">219</a>;</p> +<p class="indsub">evidence as to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_219">219</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_223">223</a>.</p> + +<p class="indmain">—— Elizabeth, bewitched, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_214">214</a>;</p> +<p class="indsub">state of, at the Assizes, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_214">214</a>;</p> +<p class="indsub">being unconscious at the Assizes, recognises and assaults Amy Duny, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_219">219</a>;</p> +<p class="indsub">evidence as to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_219">219</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_223">223</a>.</p> + +<p class="indmain">Palmer, Sir Geoffrey, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_127">127</a>.</p> + +<p class="indmain">Payton, Sir John, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_21">21</a>.</p> + +<p class="indmain">Pemberton, Sir Francis, Lord Chief-Justice, tries Russell, ii. <a href="#Page_4">4</a>.</p> + +<p class="indmain">Pennington, Isaac, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Penruddock, John, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_239">239</a>.</p> + +<p class="indmain">—— Col., i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_239">239</a>;</p> +<p class="indsub">witness against Lady Lisle, as to at Moyles Court, arrests <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_255">255</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_257">257</a>.</p> + +<p class="indmain">Peterborough, Earl of, cross-examines in Lord Warwick's case, ii. <a href="#Page_77">77</a>.</p> + +<p class="indmain"><a id="Peters" name="Peters">Peters</a>, Hugh, trial of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_140">140</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_158">158</a>;</p> +<p class="indsub">pleads, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_140">140</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_141">141</a>;</p> +<p class="indsub">in Pembrokeshire, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_142">142</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_143">143</a>;</p> +<p class="indsub">escape from London with Cromwell, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_143">143</a>;</p> +<p class="indsub">replies to Dr. Young, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_144">144</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_145">145</a>;</p> +<p class="indsub">consultations with Cromwell, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_145">145</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_146">146</a>;</p> +<p class="indsub">with Ireton and others at Windsor, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_147">147</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_148">148</a>;</p> +<p class="indsub">in the Painted Chamber, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_149">149</a>;</p> +<p class="indsub">rode before the King into London, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_149">149</a>;</p> +<p class="indsub">at the trial and execution, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_150">150</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_151">151</a>;</p> +<p class="indsub">his preachings, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_152">152</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_154">154</a>;</p> +<p class="indsub">his defence, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_155">155</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_156">156</a>;</p> +<p class="indsub">summing up and sentence, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_156">156</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_158">158</a>.</p> + +<p class="indmain">Phillips, Serjeant, in Raleigh's trial, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_36">36</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_51">51</a>.</p> + +<p class="indmain">Pollexfen, defends Lord Russell, ii. <a href="#Page_6">6</a>;</p> +<p class="indsub">prosecutes Lady Lisle, <a href="#Page_61">61</a>.</p> + +<p class="indmain">Pomfret, witness against Lord Warwick, servant at the Bagnio, ii. <a href="#Page_96">96</a>-<a href="#Page_100">100</a>;</p> +<p class="indsub">arrival of Warwick and French, <a href="#Page_96">96</a>;</p> +<p class="indsub">and Dockwra and James, <a href="#Page_97">97</a>;</p> +<p class="indsub"><span class="pagenum"><a name="Page_315" id="Page_315">[Pg 315]</a></span>state of the swords, <a href="#Page_96">96</a>-<a href="#Page_100">100</a>.</p> + +<p class="indmain">Popham, Lord Chief-Justice, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_6">6</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_10">10</a>;</p> +<p class="indsub">examination by, of Lord Cobham, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_27">27</a>.</p> + +<p class="indmain">Potter, Vincent, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Powys, Sir Thomas, appears for Lord Warwick, ii. <a href="#Page_123">123</a>, <a href="#Page_125">125</a>.</p> + +<p class="indmain">Preston, Sir Amyas, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_42">42</a>.</p> + +<p class="indmain">Pretty, account of Hulet by, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_161">161</a>.</p> + +<p class="indfirst"><a id="Raleigh" name="Raleigh">Raleigh</a>, Sir Walter, trial of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_1">1</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_71">71</a>;</p> +<p class="indsub">position on accession of James <span class="small">I.</span>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_2">2</a>;</p> +<p class="indsub">overtures of, to French and Spaniards, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_3">3</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_4">4</a>;</p> +<p class="indsub">examination and arrest, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_5">5</a>;</p> +<p class="indsub">indictment, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_11">11</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_13">13</a>;</p> +<p class="indsub">Coke's opening, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_13">13</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_23">23</a>;</p> +<p class="indsub">Cobham's examination, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_23">23</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_24">24</a>;</p> +<p class="indsub">Raleigh's answer, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_25">25</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_26">26</a>;</p> +<p class="indsub">Cobham's second examination, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_26">26</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_27">27</a>;</p> +<p class="indsub">Raleigh's answer, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_27">27</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_28">28</a>;</p> +<p class="indsub">his connection with Cobham, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_29">29</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_30">30</a>;</p> +<p class="indsub">two witnesses required, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_31">31</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_33">33</a>;</p> +<p class="indsub">examinations of Watson, etc., <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_35">35</a>;</p> +<p class="indsub">of Raleigh, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_36">36</a>;</p> +<p class="indsub">Cobham not called, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_37">37</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_39">39</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_47">47</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_49">49</a>;</p> +<p class="indsub">examinations of Raleigh, Cobham, and others, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_39">39</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_41">41</a>;</p> +<p class="indsub">book against the title of the King, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_41">41</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_44">44</a>;</p> +<p class="indsub">letter to Cobham, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_45">45</a>;</p> +<p class="indsub">Lady Arabella Stewart, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_46">46</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_50">50</a>;</p> +<p class="indsub">Dyer's evidence, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_50">50</a>;</p> +<p class="indsub">Phillip's speech, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_51">51</a>;</p> +<p class="indsub">Cobham's letter to the lords, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_55">55</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_56">56</a>;</p> +<p class="indsub">to Raleigh, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_56">56</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_57">57</a>;</p> +<p class="indsub">verdict, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_57">57</a>;</p> +<p class="indsub">sentence, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_58">58</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_60">60</a>;</p> +<p class="indsub">life in the Tower and the Guiana expedition, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_61">61</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_65">65</a>;</p> +<p class="indsub">condemnation, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_65">65</a>;</p> +<p class="indsub">letter to the King, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_65">65</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_66">66</a>;</p> +<p class="indsub">to his wife, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_66">66</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_69">69</a>;</p> +<p class="indsub">execution, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_69">69</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_70">70</a>.</p> + +<p class="indmain">Raymund, Edmund, witness for Lord Warwick, ii. <a href="#Page_119">119</a>.</p> + +<p class="indmain">Regicides. <i>See</i> <a href="#Harrison">Harrison, Thomas</a>; <a href="#Peters">Peters, Hugh</a>; <a href="#Hulet">Hulet, William</a>; and note i. p. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Rich, appointed Sheriff of London, ii. <a href="#Page_3">3</a>.</p> + +<p class="indmain">—— Col., and Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_146">146</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_148">148</a>.</p> + +<p class="indmain">Richardson, Thomas, witness against Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_150">150</a>.</p> + +<p class="indmain">—— Mrs., evidence against Marson, ii. <a href="#Page_152">152</a>.</p> + +<p class="indmain">Roe, Owen, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Rogers, William (<i>see</i> <a href="#Cowper_Spencer">Cowper, Spencer, trial of</a>, ii. <a href="#Page_139">139</a>-<a href="#Page_228">228</a>);</p> +<p class="indsub">leaves London and arrives at Hertford, <a href="#Page_218">218</a>-<a href="#Page_220">220</a>;</p> +<p class="indsub">conversation at Gurrey's, <a href="#Page_219">219</a>;</p> +<p class="indsub">summing up, <a href="#Page_224">224</a>-<a href="#Page_226">226</a>;</p> +<p class="indsub">verdict, <a href="#Page_227">227</a>.</p> + +<p class="indmain">Rumsey, witness against Lord Russell, takes message from Shaftesbury to the conspirators, ii. <a href="#Page_10">10</a>-<a href="#Page_12">12</a>, <a href="#Page_13">13</a>, <a href="#Page_34">34</a>, <a href="#Page_37">37</a>, <a href="#Page_47">47</a>, <a href="#Page_51">51</a>, <a href="#Page_55">55</a>.</p> + +<p class="indmain">Russell, Lord, trial of, ii. <a href="#Page_3">3</a>-<a href="#Page_56">56</a>;</p> +<p class="indsub">charges against, <a href="#Page_6">6</a>;</p> +<p class="indsub">objections to jurors, <a href="#Page_6">6</a>, <a href="#Page_7">7</a>, <a href="#Page_56">56</a>;</p> +<p class="indsub">North opens case against, <a href="#Page_7">7</a>-<a href="#Page_10">10</a>;</p> +<p class="indsub"><span class="pagenum"><a name="Page_316" id="Page_316">[Pg 316]</a></span>Rumsey's evidence against, as to meetings in Sheppard's house, <a href="#Page_10">10</a>-<a href="#Page_12">12</a>;</p> +<p class="indsub">Sheppard's evidence as to the same, <a href="#Page_12">12</a>-<a href="#Page_14">14</a>;</p> +<p class="indsub">Lord Howard's evidence against, as to Shaftesbury's plot, <a href="#Page_14">14</a>-<a href="#Page_26">26</a>;</p> +<p class="indsub">and Russell's plot, <a href="#Page_26">26</a>-<a href="#Page_31">31</a>;</p> +<p class="indsub">West's evidence as to connection of with Trenchard, <a href="#Page_32">32</a>, <a href="#Page_33">33</a>;</p> +<p class="indsub">speech of, on question of law, <a href="#Page_33">33</a>, <a href="#Page_34">34</a>;</p> +<p class="indsub">replies thereto, <a href="#Page_34">34</a>-<a href="#Page_37">37</a>;</p> +<p class="indsub">reply of, to Rumsey's evidence, <a href="#Page_37">37</a>, <a href="#Page_38">38</a>;</p> +<p class="indsub">evidence as to declarations by Howard, <a href="#Page_38">38</a>-<a href="#Page_42">42</a>;</p> +<p class="indsub">evidence as to character, <a href="#Page_43">43</a>, <a href="#Page_44">44</a>;</p> +<p class="indsub">Howard's reply, <a href="#Page_44">44</a>-<a href="#Page_46">46</a>;</p> +<p class="indsub">conclusion of speech of, <a href="#Page_46">46</a>, <a href="#Page_47">47</a>;</p> +<p class="indsub">reply by Solicitor-General, <a href="#Page_47">47</a>-<a href="#Page_50">50</a>;</p> +<p class="indsub">summing up, <a href="#Page_50">50</a>-<a href="#Page_54">54</a>;</p> +<p class="indsub">verdict and sentence, <a href="#Page_54">54</a>;</p> +<p class="indsub">execution of, and statement by, <a href="#Page_54">54</a>-<a href="#Page_56">56</a>;</p> +<p class="indsub">reversal of attainder of, <a href="#Page_56">56</a>.</p> + +<p class="indfirst">Salisbury, Earl of (<i>see</i> <a href="#Raleigh">Raleigh</a>); connection with Raleigh's trial, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_1">1</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_8">8</a>;</p> +<p class="indsub">judge in Raleigh's trial, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_9">9</a>;</p> +<p class="indsub">plots revealed to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_28">28</a>.</p> + +<p class="indmain">Salmon, witness against Lord Warwick; describes Coote's wounds, ii. <a href="#Page_107">107</a>.</p> + +<p class="indmain">Sandeswell, Ann, witness against the Suffolk witches, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_232">232</a>.</p> + +<p class="indmain">Savoy, Duke of, and Raleigh, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_61">61</a>.</p> + +<p class="indmain">Sawyer, Sir Robert, prosecutes Lord Russell when Attorney-General, ii. <a href="#Page_5">5</a>.</p> + +<p class="indmain">Scot, Thomas, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Scroope, Adrian, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Shaftesbury, Earl of, connection with Lord Russell's trial, ii. <a href="#Page_4">4</a>-<a href="#Page_8">8</a>;</p> +<p class="indsub">message of, to conspirators, <a href="#Page_11">11</a>;</p> +<p class="indsub">connection with Howard, <a href="#Page_17">17</a>-<a href="#Page_26">26</a>, <a href="#Page_47">47</a>, <a href="#Page_48">48</a>, <a href="#Page_51">51</a>, <a href="#Page_52">52</a>.</p> + +<p class="indmain">Sheppard, conspiracy at the house of, ii. <a href="#Page_11">11</a>, <a href="#Page_47">47</a>, <a href="#Page_51">51</a>;</p> +<p class="indsub">witness as to meetings of conspirators, <a href="#Page_13">13</a>, <a href="#Page_14">14</a>.</p> + +<p class="indmain">Sherringham, Robert, witness against the Suffolk witches, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_232">232</a>.</p> + +<p class="indmain">Sidney, Col. Algernon, and Lord Russell, ii. <a href="#Page_9">9</a>;</p> +<p class="indsub">Howard's evidence as to, <a href="#Page_26">26</a>.</p> + +<p class="indmain">Simpson, Holland, witness against Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_150">150</a>.</p> + +<p class="indmain">Sloane, Sir Hans, witness for Cowper, ii. <a href="#Page_194">194</a>, <a href="#Page_195">195</a>.</p> + +<p class="indmain">Smith, Aaron, conspires with Lord Russell, ii. <a href="#Page_10">10</a>, <a href="#Page_28">28</a>, <a href="#Page_29">29</a>.</p> + +<p class="indmain">—— Abraham, watchman, witness against Hulet, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_163">163</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_164">164</a>.</p> + +<p class="indmain">—— Jarrit, witness against Goodere; two visits of Sir John to, and reconciliation of brothers at his house, ii. <a href="#Page_237">237</a>-<a href="#Page_246">246</a>.</p> + +<p class="indmain"><span class="pagenum"><a name="Page_317" id="Page_317">[Pg 317]</a></span>Soam, John, witness against the Suffolk witches, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_231">231</a></p> + +<p class="indmain">Somers, Lord John, ii. <a href="#Page_61">61</a>.</p> + +<p class="indmain">Somerset, Duke of, and the Guiana expedition, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_61">61</a>.</p> + +<p class="indmain">—— —— witness for Lord Russell, ii. <a href="#Page_44">44</a>.</p> + +<p class="indmain">Spencer, Mr., witness for Lord Russell, ii. <a href="#Page_46">46</a>.</p> + +<p class="indmain">Stanhope, Col., witness for Lord Warwick, ii. <a href="#Page_117">117</a>, <a href="#Page_118">118</a>.</p> + +<p class="indmain">Starkey, witness against Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_146">146</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_149">149</a>.</p> + +<p class="indmain">Stephen, Sir James, on Coke, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_7">7</a>;</p> +<p class="indsub">on validity of Lord Russell's objection to the jury, ii. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_7">7</a>;</p> +<p class="indsub">on benefit of clergy, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_121">121</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_122">122</a>;</p> +<p class="indsub">on indictments, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_247">247</a>.</p> + +<p class="indmain">Stephens, Ellis (<i>see</i> <a href="#Cowper_Spencer">Cowper, Spencer, trial of</a>, ii. <a href="#Page_139">139</a>-<a href="#Page_228">228</a>);</p> +<p class="indsub">leaves London and arrives at Hertford, <a href="#Page_218">218</a>;</p> +<p class="indsub">conversation at Gurrey's house, <a href="#Page_219">219</a>;</p> +<p class="indsub">journey to Hertford, <a href="#Page_220">220</a>;</p> +<p class="indsub">summing up, <a href="#Page_224">224</a>-<a href="#Page_226">226</a>;</p> +<p class="indsub">verdict, <a href="#Page_227">227</a>.</p> + +<p class="indmain">Stewart, Charles. <i>See</i> <a href="#Charles_I">Charles <span class="small">I.</span></a> and <a href="#Charles_II">Charles <span class="small">II.</span></a></p> + +<p class="indmain"><a name="Stewart_Lady_Arabella" id="Stewart_Lady_Arabella">—— Lady Arabella</a>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_12">12</a>;</p> +<p class="indsub">accusations against Raleigh as to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_20">20</a>;</p> +<p class="indsub">Raleigh's denial, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_25">25</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_26">26</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_29">29</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_49">49</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_57">57</a>;</p> +<p class="indsub">statement on behalf of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_46">46</a>.</p> + +<p class="indmain">Stout, Mrs., takes proceedings for an appeal against Turner, ii. <a href="#Page_227">227</a>, <a href="#Page_228">228</a>.</p> + +<p class="indmain">—— Sarah. <i>See</i> <a href="#Cowper_Spencer">Cowper</a>.</p> + +<p class="indmain">Stringer, Justice's visit to Turner, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_207">207</a>.</p> + +<p class="indmain">Stubbards, Col., and trial of Charles <span class="small">I.</span>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_150">150</a>.</p> + +<p class="indmain">Stukely, Vice-Admiral, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_62">62</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_64">64</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_70">70</a>.</p> + +<p class="indmain">Suffolk witches, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_311">311</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_325">325</a>.</p> +<p class="indsub"><i>See</i> <a href="#Cullender_Rose">Cullender, Rose</a>; and <a href="#Duny_Amy">Duny, Amy</a>.</p> + +<p class="indmain">Sully, Duke of, ambassador to James <span class="small">I.</span>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_3">3</a>.</p> + +<p class="indfirst">Tasker, Major Ralph, witness against Turner, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_145">145</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_146">146</a>.</p> + +<p class="indmain">Temple, James, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">—— Peter, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Tench, and Charles <span class="small">I.</span>'s scaffold, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_151">151</a>.</p> + +<p class="indmain">Thomlinson, Col., in charge of Charles <span class="small">I.</span>, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_78">78</a>.</p> + +<p class="indmain">Tichburne, Robert, regicide, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_124">124</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Tillotson, Dr., witness for Lord Russell, ii. <a href="#Page_42">42</a>, <a href="#Page_43">43</a>;</p> +<p class="indsub">accompanies him to the scaffold, <a href="#Page_54">54</a>.</p> + +<p class="indmain">Toogood, witness as to admissions by Hulet, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_160">160</a>.</p> + +<p class="indmain">Treby, Lord Chief-Justice, opinion of, in Lord Warwick's case, ii. <a href="#Page_125">125</a>, <a href="#Page_126">126</a>.</p> + +<p class="indmain">Trenchard, the rising of, ii. <a href="#Page_8">8</a>, <a href="#Page_11">11</a>, <a href="#Page_24">24</a>.</p> + +<p class="indmain">Trevor, Thomas Lord, prosecutes the Earl of Warwick when Attorney-General, ii. <a href="#Page_65">65</a>;</p> +<p class="indsub">speech of, <a href="#Page_122">122</a>.</p> + +<p class="indmain">Tryon, witness against Turner, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_181">181</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_182">182</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_187">187</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_193">193</a>.</p> + +<p class="indmain"><span class="pagenum"><a name="Page_318" id="Page_318">[Pg 318]</a></span>Turner, Sir Edward, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_127">127</a>;</p> +<p class="indsub">opens the case against Hulet, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_158">158</a>.</p> + +<p class="indmain">Turner, Ely, trial of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_169">169</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_208">208</a>;</p> +<p class="indsub">was to bring money to Fry's house, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_184">184</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_185">185</a>;</p> +<p class="indsub">examined by Sir T. Aleyn, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_191">191</a>;</p> +<p class="indsub">acquitted, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_203">203</a>.</p> + +<p class="indmain">—— James, trial of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_169">169</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_208">208</a>;</p> +<p class="indsub">Aleyn's evidence, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_170">170</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_180">180</a>;</p> +<p class="indsub">Turner suspected, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_171">171</a>;</p> +<p class="indsub">found in possession of money, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_172">172</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_186">186</a>;</p> +<p class="indsub">account of money and jewels by, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_173">173</a>;</p> +<p class="indsub">arrest by Aleyn, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_174">174</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_175">175</a>;</p> +<p class="indsub">his wife sent for money and jewels, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_175">175</a>;</p> +<p class="indsub">wife's account of them, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_176">176</a>;</p> +<p class="indsub">committed to Newgate, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_177">177</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_178">178</a>;</p> +<p class="indsub">his account of his money to Aleyn, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_179">179</a>;</p> +<p class="indsub">Tryon's account of the burglary, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_180">180</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_182">182</a>;</p> +<p class="indsub">Turner's account to Hill, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_182">182</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_183">183</a>;</p> +<p class="indsub">as to forging Tryon's will, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_183">183</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_184">184</a>;</p> +<p class="indsub">deposits money with Fry and Ball, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_185">185</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_186">186</a>;</p> +<p class="indsub">account given by, of robbery to Cole, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_187">187</a>;</p> +<p class="indsub">examined by Chamberlain and Aleyn, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_189">189</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_190">190</a>;</p> +<p class="indsub">defence of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_194">194</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_200">200</a>;</p> +<p class="indsub">summing up and verdict, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_202">202</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_203">203</a>;</p> +<p class="indsub">confession by, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_204">204</a>;</p> +<p class="indsub">dying speech and execution of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_205">205</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_208">208</a>.</p> + +<p class="indmain">—— John, trial of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_169">169</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_208">208</a>;</p> +<p class="indsub">flies from Sir T. Aleyn, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_179">179</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_180">180</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_191">191</a>;</p> +<p class="indsub">carried money to Fry's house, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_185">185</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_192">192</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_197">197</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_201">201</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_202">202</a>;</p> +<p class="indsub">acquitted, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_202">202</a>.</p> + +<p class="indmain">—— Mary, trial of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_169">169</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_208">208</a>;</p> +<p class="indsub">sent for jewels and money by Turner, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_175">175</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_176">176</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_199">199</a>;</p> +<p class="indsub">visit to Fry's house, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_186">186</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_197">197</a>;</p> +<p class="indsub">produced money and jewels, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_188">188</a>;</p> +<p class="indsub">examined by Chamberlain, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_190">190</a>;</p> +<p class="indsub">acquitted, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_203">203</a>.</p> + +<p class="indmain">Turner, Stephen, witness against Lord Warwick, Coote's servant, ii. <a href="#Page_107">107</a>;</p> +<p class="indsub">Coote friendly with Warwick, <a href="#Page_108">108</a>.</p> + +<p class="indmain">—— William, trial of, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_169">169</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_208">208</a>;</p> +<p class="indsub">arrest and examination of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_192">192</a>;</p> +<p class="indsub">identified by Tryon, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_193">193</a>;</p> +<p class="indsub">denial by, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_201">201</a>;</p> +<p class="indsub">acquittal and confession of, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_203">203</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_204">204</a>.</p> + +<p class="indfirst">Vanden Anchor, witness against Turner, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_188">188</a>.</p> + +<p class="indmain">Villiers and the Guiana Expedition, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_61">61</a>.</p> + +<p class="indfirst">Wade, Sir Thomas, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_11">11</a>.</p> + +<p class="indmain">Wait, Thomas, and Raleigh's trial, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Walcot, connection with Lord Shaftesbury and Lord Howard, ii. <a href="#Page_15">15</a>, <a href="#Page_20">20</a>-<a href="#Page_26">26</a>.</p> + +<p class="indmain">Walker, Sir Clement, on omissions in Charles <span class="small">I.</span>'s trial, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_93">93</a> <i>n.</i></p> + +<p class="indmain">—— Sarah, witness against Cowper, his arrival and conduct at Mrs. Stout's, ii. <a href="#Page_146">146</a>-<a href="#Page_152">152</a>;</p> +<p class="indsub">evidence contradicted, <a href="#Page_216">216</a>, <a href="#Page_217">217</a>.</p> + +<p class="indmain"><span class="pagenum"><a name="Page_319" id="Page_319">[Pg 319]</a></span>Wall, witness for Cowper, ii. <a href="#Page_193">193</a>.</p> + +<p class="indmain">Waller, Sir Hardress, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_129">129</a>.</p> + +<p class="indmain">Ward defends Lord Russell, ii. <a href="#Page_7">7</a>;</p> +<p class="indsub">opinion of, in Lord Warwick's case when Lord Chief-Baron, <a href="#Page_166">166</a>.</p> + +<p class="indmain">Warwick and Holland, Earl of, trial of, ii. <a href="#Page_59">59</a>-<a href="#Page_135">135</a>;</p> +<p class="indsub">preliminaries, <a href="#Page_59">59</a>-<a href="#Page_64">64</a>;</p> +<p class="indsub">opening speech, <a href="#Page_65">65</a>-<a href="#Page_68">68</a>;</p> +<p class="indsub">guests leave Locket's, <a href="#Page_70">70</a>-<a href="#Page_72">72</a>;</p> +<p class="indsub">course of quarrel between Coote and French, <a href="#Page_75">75</a>-<a href="#Page_79">79</a>;</p> +<p class="indsub">the journey to Leicester Fields and the Bagnio, <a href="#Page_82">82</a>-<a href="#Page_92">92</a>;</p> +<p class="indsub">arrival and proceedings at the Bagnio, <a href="#Page_96">96</a>-<a href="#Page_101">101</a>;</p> +<p class="indsub">Warwick's defence as to the facts, <a href="#Page_109">109</a>-<a href="#Page_112">112</a>;</p> +<p class="indsub">friendship between Warwick and Coote, <a href="#Page_107">107</a>, <a href="#Page_113">113</a>-<a href="#Page_119">119</a>;</p> +<p class="indsub">capacity of French to give evidence, benefit of clergy, <a href="#Page_200">200</a>-<a href="#Page_226">226</a>;</p> +<p class="indsub">verdict, <a href="#Page_128">128</a>, <a href="#Page_129">129</a>;</p> +<p class="indsub">sentence, <a href="#Page_129">129</a>.</p> + +<p class="indmain">Watcher, witness against Turner, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_192">192</a>.</p> + +<p class="indmain">Watson, and the 'Bye' plot, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_4">4</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_16">16</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_17">17</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_35">35</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_40">40</a>.</p> + +<p class="indmain">Weller, Daniel, witness against Goodere, ship's carpenter, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_272">272</a>-<a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_274">274</a>.</p> + +<p class="indmain">Westmoreland, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_28">28</a>.</p> + +<p class="indmain">Whichcot, Sir Jeremy, witness against Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_150">150</a>.</p> + +<p class="indmain">Whiteman, Colonel, witness for Lord Warwick, ii. <a href="#Page_119">119</a>.</p> + +<p class="indmain">Williams, Thomas, witness against Goodere, capture of Sir John, ii. <a href="#Page_255">255</a>-<a href="#Page_259">259</a>.</p> + +<p class="indmain">Wilson, Sir Thomas, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_64">64</a>.</p> + +<p class="indmain">Windham, Wadham, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_127">127</a>.</p> + +<p class="indmain">Winwood and the Guiana Expedition, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_61">61</a>.</p> + +<p class="indmain">Witches, Suffolk, the. <i>See</i> <a href="#Cullender_Rose">Cullender, Rose</a>; and <a href="#Duny_Amy">Duny, Amy</a>.</p> + +<p class="indmain">Woodhouse, Dr., witness against Cowper, ii. <a href="#Page_65">65</a>.</p> + +<p class="indmain">Wotton, Lord, of Morley, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_10">10</a>.</p> + +<p class="indmain">Wright, Sir Nathan, prosecutes the Earl of Warwick when a serjeant, ii. <a href="#Page_64">64</a>;</p> +<p class="indsub">speech of, <a href="#Page_104">104</a>.</p> + +<p class="indmain">Wroth, Sir Robert, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_44">44</a>.</p> + +<p class="indfirst">Young, Sir Edward, opens Peters' case, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_141">141</a>.</p> + +<p class="indmain">—— Dr. William, witness against Peters, i. <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_141">141</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_143">143</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_145">145</a>;</p> +<p class="indsub">Peters' reply to, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_143">143</a>, <a href="http://www.gutenberg.org/files/27515/27515-h/27515-h.htm#Page_145">145</a>.</p> + +<p class="indmain">—— witness for Cowper, finder of Sarah Stout's body, ii. <a href="#Page_190">190</a>-<a href="#Page_192">192</a>.</p> + +<p><span class="pagenum"><a name="Page_320" id="Page_320">[Pg 320]</a></span></p> + +<p class="center gap4 small">Printed by T. and A. <span class="smcap">Constable</span>, Printers to Her Majesty<br /> +at the Edinburgh University Press</p> + +<hr class="w60" /> + +<div class="bbox"> + +<h3>TRANSCRIBERS' NOTES</h3> + +<p class="hangindent">Page 26: Algernone as in the original</p> +<p class="hangindent">Page 36: Abermarle as in the original</p> +<p class="hangindent">Page 53: beleive corrected to believe after "Whether upon this whole matter you do"</p> +<p class="hangindent">Page 61: paragraph ending "their faces towards the state;" as in the original</p> +<p class="hangindent">Page 101: 20th as in the original. Should perhaps be 30th.</p> +<p class="hangindent">Page 310: Fergusson standardised to Ferguson, as in the text</p> +<p class="hangindent">Page 313: inconsistent spelling of Nelthorp(e) as in original</p> +<p class="hangindent">Page 319: find- changed to finder in entry for Young, witness for Cowper</p> +<p class="hangindent">Footnote 12: Algernon Sidney. Year corrected from 1783 to 1683 in "executed on 7th December 1783"</p> +<p class="hangindent">Footnote 14: Rumsey. Year corrected from 1785 to 1685 in "executed in +1785." Year corrected from 1783 to 1683 in "before, in 1783,"</p> +<p class="hangindent">Footnote 25: "became a a fellow" corrected to "became a fellow"</p> +<p class="hangindent">General: The following have been inconsistently hyphenated in the original: ale(-)house, church(-)yard, cock(-)pit, half(-)penny, lime(-)kilns, no(-)body, over(-)board, sweet(-)heart, three(-)score, twelve(-)month. These have not been standardised.</p> +<p class="hangindent">General: No attempt has been made to standardise or modernise spelling. Corrections to punctuation have not been individually noted.</p> +<p class="hangindent">Index: Volume numbers omitted in the original have been added for Cowper, William; Howard, Thomas; Howard, Henry; Northampton, Lord; Suffolk Witches</p> + +</div> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of State Trials Vol. 2 (of 2), by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK STATE TRIALS VOL. 2 (OF 2) *** + +***** This file should be named 38088-h.htm or 38088-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/8/0/8/38088/ + +Produced by David Garcia, Delphine Lettau, Brownfox and +the Online Distributed Proofreading Team at +http://www.pgdp.net (This file was produced from images +generously made available by The Internet Archive) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + +</pre> + +</body> +</html> diff --git a/38088-h/images/illus1.png b/38088-h/images/illus1.png Binary files differnew file mode 100644 index 0000000..acd1a49 --- /dev/null +++ b/38088-h/images/illus1.png diff --git a/38088-h/images/illus2.png b/38088-h/images/illus2.png Binary files differnew file mode 100644 index 0000000..a688687 --- /dev/null +++ b/38088-h/images/illus2.png diff --git a/38088.txt b/38088.txt new file mode 100644 index 0000000..4376b45 --- /dev/null +++ b/38088.txt @@ -0,0 +1,11237 @@ +The Project Gutenberg EBook of State Trials Vol. 2 (of 2), by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: State Trials Vol. 2 (of 2) + Political and Social + +Author: Various + +Editor: Sir Harry Lushington Stephen + +Release Date: November 22, 2011 [EBook #38088] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK STATE TRIALS VOL. 2 (OF 2) *** + + + + +Produced by David Garcia, Delphine Lettau, Brownfox and +the Online Distributed Proofreading Team at +http://www.pgdp.net (This file was produced from images +generously made available by The Internet Archive) + + + + + + + + + +STATE TRIALS + + + + + _First impression, March 1899_ + _Second impression, September 1899_ + + + _All rights reserved_ + +[Illustration: William Lord Russell.] + + + + +STATE TRIALS + +POLITICAL AND SOCIAL + +SELECTED AND EDITED + +BY H. L. STEPHEN + +IN TWO VOLUMES + +VOL. II + +[Illustration] + +LONDON +DUCKWORTH AND CO +1899 + + + + +Edinburgh: T. and A. CONSTABLE, Printers to Her Majesty + + + + +CONTENTS + + + PAGE + +LORD RUSSELL, 3 + +THE EARL OF WARWICK, 59 + +SPENCER COWPER AND OTHERS, 139 + +SAMUEL GOODERE AND OTHERS, 231 + + INDEX, 305 + + + + +LORD RUSSELL + + +Lord Russell's trial marks the moment in the latter part of Charles +II.'s reign when his power reached its highest point. The Exclusion Bill +was thrown out by the House of Lords in 1680, and though Stafford was +tried and executed at the end of the year, the dissolution of the +short-lived Oxford Parliament in April 1681 left the Country party, who +had just acquired the name of Whigs, in a temporarily hopeless position. +On the 2nd of July in the same year Shaftesbury was arrested on a charge +of suborning witnesses in the Popish Plot, but the bill presented +against him was thrown out by the Grand Jury, which had been packed in +his favour by a friendly sheriff, and he was liberated in November. An +unscrupulous exercise of the power of the Court led to North (brother of +the Chief-Justice of the Common Pleas, soon to become Lord Keeper) and +Rich being sworn in as sheriffs in June 1682, and Shaftesbury, no longer +being able to rely on his City friends, retired into hiding and entered +on the illegal practices described in Russell's trial. The security +afforded to the opponents of the Court was further diminished in 1683 +by the suppression of the charter of the City by a writ of Quo Warranto, +which, although it was too late to have any effect on Russell's conduct, +may help to justify it. The position of the Country party thus appeared +desperate. The King had contrived to overcome all constitutional means +of opposition; Shaftesbury's unscrupulous policy had alienated most of +his natural adherents; his violent disposition made it impossible for +his remaining followers to take advantage of the difficulties which the +King was preparing for himself and his successor; and by anticipating +the crisis of 1688, Shaftesbury, Essex, and Russell brought down +destruction on themselves. + +Lord Russell was tried at the Old Bailey on the 13th of July 1683 before +the Lord Chief-Justice, Sir Francis Pemberton,[1] the Lord Chief-Baron, +Mr. William Montague, and nine other judges. There appeared for the +prosecution the Attorney-General, Sir Robert Sawyer[2], the +Solicitor-General, Mr. Finch[3], Serjeant Jeffreys[4], Mr. North[5]. + +The charge against Lord Russell was that he was guilty of high treason +in conspiring to depose and kill the King, and to stir up rebellion +against him. To this he pleaded Not Guilty. + +He objected that he ought not to be arraigned and tried on the same day, +to which it was replied that he had had more than a fortnight's notice +of his trial and the facts alleged against him by having questions put +to him when he was in custody in the Tower. On the first juror being +called, Lord Russell objected that he was not a 40s. freeholder in the +City. He was allowed to have counsel assigned to him to argue as to +whether this was a good ground of objection; the counsel he chose were +Pollexfen[6], Holt[7], and Ward. The question was whether the statute 2 +Hen. V. c. 3, which enacted that in the case of capital offences the +jurors must have lands of the yearly value of 40s., applied to trials +for treason or to trials in the City. It was decided by all the judges +that it did not,[8] the objection was overruled, and a jury was sworn +without any challenges being made. + +_North_ then shortly opened the case. He alleged that in the previous +October and November a council consisting of Russell, the Duke of +Monmouth, Lord Grey,[9] Sir Thomas Armstrong, and one Ferguson, were +plotting a rising in conjunction with the Earl of Shaftesbury. The Earl +was anxious that the opportunity of the celebration of Queen Elizabeth's +birthday on the 19th of November should be used for the purpose. The +conspirators objected to this on the ground that Trenchard, who was to +have headed a rising in the West, was not ready. On this Shaftesbury and +Ferguson left the country, and the so-called council was re-organised by +Armstrong and Grey being left out, and Lord Howard,[10] Lord Essex,[11] +Colonel Algernon Sidney,[12] and Mr. Hampden,[13] being taken in. +Frequent consultations were held at Russell's house, and Aaron Smith was +despatched to Scotland to arrange a rising on the part of the +malcontents there. + +_Rumsey_[14] was called, and being sworn deposed that at the end of +October or the beginning of November Shaftesbury had sent for him to his +lodgings in Wapping, where he was hiding, and told him to go to the +house of one Sheppard, where he could find Monmouth, Russell, Grey, +Armstrong, and Ferguson, and to ask what resolution they had come to as +to the rising at Taunton. He took this message accordingly, and received +an answer that Trenchard had promised 1000 foot and 300 horse, but had +failed them. Most of this answer was delivered by Ferguson, but others, +including Russell, were in the room at the time. + + ATTORNEY-GENERAL--Was there nothing of my lord Shaftesbury to + be contented? + + RUMSEY--Yes, that my lord Shaftesbury must be contented; and + upon that he took his resolution to be gone. + + LORD CHIEF-JUSTICE--Did you hear any such resolution from him? + + RUMSEY--Yes, my lord. + +Shaftesbury told him of the meeting; he was not there more than a +quarter of an hour; he heard something of a declaration to be made, +either there, or on a report of Ferguson's. + + JEFFREYS--To what purpose was the declaration? + + LORD CHIEF-JUSTICE--We must do the prisoner that right; he says + he cannot tell whether he had it from him or Mr. Ferguson. + +There was some discourse begun by Armstrong as to the posture of the +guards at the Savoy and at the Mews. Monmouth, Grey, and Armstrong, in +Russell's presence, undertook to see the guards, + + with what care and vigilance they did guard themselves at the + Savoy and Mews, whether they might be surprised or not. + +The rising was to be on the 19th of November. It was arranged by +Shaftesbury that he himself was to go to Bristol, in what capacity it +was not stated. + + JEFFREYS--If my lord Russell pleases to ask him any questions + he may. + + LORD RUSSELL--I have very few questions to ask him for I know + little of the matter; for it was the greatest accident in the + world I was there, and when I saw that company was there I + would have been gone again. I came there accidentally to speak + with Mr. Sheppard; I had just come to town, but there was no + discourse of surprising the guards, nor no undertaking of + raising an army. + + LORD CHIEF-JUSTICE--We will hear you to anything by and by, but + that which we desire to know of your lordship is, as the + witnesses come, to know if you would have any particular + questions asked of them. + +On being pressed by Russell, Rumsey repeated that Russell 'did discourse +of the rising' at Taunton and consented to it. + +_Sheppard_ was called, and deposed that in October Ferguson came to him +in Monmouth's name, + + and desired the conveniency of my house, for him and some other + persons of quality to meet there. As soon as I had granted it, + in the evening the duke of Monmouth, my lord Grey, my lord + Russell, sir Thomas Armstrong, col. Rumsey and Mr. Ferguson + came. Sir T. Armstrong desired me that none of my servants + might come up, but they might be private; so what they wanted I + went down for, a bottle of wine or so. + +He confirmed Rumsey's evidence as to the discourse about surprising the +guards; Monmouth, Grey, and Armstrong went out to view them at the Mews; +the next time they met Armstrong reported + + the guards were very remiss in their places, and not like + soldiers, and the thing was feasible, if they had strength to + do it. + +There were two meetings: he had notice of them; the company came in the +evening; he saw no coaches; Lord Russell came both times. + + JEFFREYS--Do you remember that col. Rumsey at the first time + had any discourse about any private business relating to my + lord Russell? + + SHEPPARD--No, I do not remember it. + + ATTORNEY-GENERAL--Besides the seizing of the guards did they + discourse about rising? + + SHEPPARD--I do not remember any further discourse, for I went + several times down to fetch wine, and sugar, and nutmeg, and I + do not know what was said in my absence. + +He remembered that a paper was read 'somewhat in the nature of a +proclamation,' setting forth the grievances of the nation 'in order to a +rising.' It was read by Ferguson, but he could not say whether they were +all present or not. + +Cross-examined by Lord Russell, he could not be positive as to the time +of the meetings; they were at the time that Lord Shaftesbury was absent +from his house, and he absented himself about Michaelmas day. + + LORD RUSSELL--I never was but once at your house, and there was + no such design as I heard of. I desire that Mr. Sheppard may + recollect himself. + + SHEPPARD--Indeed my lord I can't be positive in the times. My + lord I am sure was at one meeting. + + LORD CHIEF-JUSTICE--But was he at both? + + SHEPPARD--I think so; but it was eight or nine months ago, and + I can't be positive. + + LORD RUSSELL--I can prove I was then in the country. Col. + Rumsey said there was but one meeting. + + COL. RUMSEY--I do not remember I was at two; if I was not, I + heard Mr. Ferguson relate the debates of the other meeting to + my lord Shaftesbury. + + LORD RUSSELL--Is it usual for witnesses to hear one another? + + LORD CHIEF-JUSTICE--I think your lordship need not concern + yourself about that; for I see the witnesses are brought in one + after another. + + LORD RUSSELL--There was no design. + + JEFFREYS--He hath sworn it. + + ATTORNEY-GENERAL--Swear my lord Howard (which was done). Pray + will your lordship give an account to the Court, what you know + of a rising designed before my lord Shaftesbury went away, and + afterwards how it was continued on. + + LORD HOWARD--My lord, I appear with some confusion. Let no man + wonder that it is troublesome to me. My lord as to the question + Mr. Attorney puts to me, this is the account I have to give: It + is very well known to every one, how great a ferment was made + in the city, upon occasion of the long dispute about the + election of sheriffs; and this soon produced a greater freedom + and liberty of speech one with another, than perhaps had been + used formerly, though not without some previous preparations + and dispositions made to the same thing. Upon this occasion + among others, I was acquainted with captain Walcot[15], a + person that had been some months in England, being returned out + of Ireland, and who indeed I had not seen for eleven years + before. But he came to me as soon as he came out of Ireland, + and when these unhappy divisions came, he made very frequent + applications to me; and though he was unknown himself, yet + being brought by me, he soon gained a confidence with my lord + Shaftesbury, and from him derived it to others. When this + unhappy rent and division of mind was, he having before got + himself acquainted with many persons of the city, had entered + into such counsels with them, as afterwards had the effect, + which in the ensuing narrative I shall relate to your + lordship. He came to me, and told me, that they were now + sensible all they had was going, that this force put upon + them---- + + LORD CHIEF-JUSTICE--Pray my lord, raise your voice, else your + evidence will pass for nothing. + + ONE OF THE JURY--We cannot hear my lord. + + LORD HOWARD--There is an unhappy accident happened that hath + sunk my voice: I was but just now acquainted with the fate of + my lord of Essex. My lord, I say, he came to me, and did + acquaint me, that the people were now so sensible that all + their interest was going, by that violence offered to the city + in their elections, that they were resolved to take some course + to put a stop to it, if it were possible: He told me there were + several consults and meetings of persons about it, and several + persons had begun to put themselves into a disposition and + preparation to act; that some had furnished themselves with + very good horses, and kept them in the most secret and blind + stables they could. That divers had intended it, and for his + own part he was resolved to imbark himself in it. And having an + estate in Ireland, he thought to dispatch his son thither (for + he had a good real estate, and a great stock, how he disposed + of his real estate, I know not); but he ordered his son to turn + his stock into money to furnish him for the occasion: This I + take to be about August, his son was sent away. Soon after this + the son not being yet returned, and I having several accounts + from him wherein I found the fermentation grew higher and + higher, and every day a nearer approach to action I told him I + had a necessity to go into Essex to attend the concerns of my + own estate; but told him how he might by another name convey + letters to me, and gave him a little cant, by which he might + blind and disguise the matter he wrote about when I was in the + country. + + I received two or three letters from him, that gave me an + account in that disguised style, but such as I understood, that + the negotiation which he had with my correspondents was going + on, and in good condition; and it was earnestly desired I would + come to town; this was the middle of September. + + I notwithstanding, was willing to see the result of that great + affair, upon which all men's eyes were fixed, which was the + determination of the shrivalty about that time. So I ordered it + to fall into town, and went to my own house Saturday night + which was Michaelmas Day. + + On Sunday he came to me and dined with me, and told me (after a + general account given me of the affairs of the times) that my + lord Shaftesbury was secreted and withdrawn from his own house + in Aldersgate Street; and that though he had a family settled, + and had absconded himself from them, and divers others of his + friends and confidents; yet he did desire to speak with me, and + for that purpose sent him to shew me the way to his lodging: He + brought me to a house at the lower end of Wood Street, one + Watson's house, and there my lord was alone. He told me he + could not but be sensible, how innocent soever he was, both he + and all honest men were unsafe, so long as the administration + of justice was in such hands as would accommodate all things to + the humour of the court. That in the sense of this he thought + it but reasonable to provide for his own safety by withdrawing + himself from his own house into that retirement. That now he + had ripened affairs to that head, and had things in that + preparation, that he did not doubt but he should be able, by + those men that would be in readiness in London, to turn the + tide, and put a stop to the torrent that was ready to overflow. + But he did complain to me, that his design, and the design of + the public, was very much obstructed by the unhandsome + deportment of the Duke of Monmouth, and my lord Russell, who + had withdrawn themselves not only from his assistance, but from + their own engagements and appointments: For when he had got + such a formed force as he had in London, and expected to have + it answered by them in the country, they did recede from it, + and told him they were not in a condition or preparation, in + the country, to be concurrent with him at that time. This he + looked upon but as an artificial excuse, and as an instance of + their intentions wholly to desert him: but notwithstanding + there was such preparation made in London, that if they were + willing to lose the honour of being concurrent with him, he was + able to do it himself, and did intend speedily to put it into + execution. I asked him what forces he had? He said he had + enough. Says I, What are you assured of? Says he, There is + above ten thousand brisk boys are ready to follow me, whenever + I hold up my finger. Says I, How have you methoded this, that + they should not be crushed, for there will be a great force to + oppose you? Yes, he answered, but they would possess themselves + of the gates; and these ten thousand men in 24 hours would be + multiplied into five times the number, and be able to make a + sally out, and possess themselves of Whitehall, by beating the + guards. I told him this was a fair story, and I had reason to + think a man of his figure would not undertake a thing that + might prove so fatal, unless it were laid on a foundation that + might give a prudent man ground to hope it would be successful. + + He said he was certain of it, but confessed it was a great + disappointment that these lords had failed him. I told him, I + was not provided with an answer at that time; that he well knew + me, and knew the general frame and bent of my spirit. But I + told him, I looked upon it as dangerous, and ought to be laid + deep, and to be very well weighed and considered of: and did + not think it a thing fit to be entered upon, without the + concurrence of those lords. He did consent, with much ado, but, + says he, you will find they will wave it, and give doubtful and + deferring answers, but you will find this a truth. + + I went to Moor Park next day, where the Duke of Monmouth was, + and told him the great complaint my lord Shaftesbury had made, + that he failed him. Says he, I think he is mad; I was so far + from giving him any encouragement, that I did tell him from the + beginning, and so did my lord Russell, there was nothing to be + done by us in the country at that time. I did not then own that + I had seen my lord, but spake as if this were brought me by a + third person, because he had not given me liberty to tell them + where his lodging was. Says I, My lord, I shall be able to give + a better account of this in a day or two: Shall I convey it to + my lord, that you are willing to give a meeting? Yes, says he, + with all my heart. This was the 2nd, 3rd, or 4th of Oct. + + I came to town on Saturday, and was carried to him on Monday; + and I suppose this was Tuesday the 2nd of October. On Wednesday + I think I went to him again (but it is not very material) and + told him I had been with the duke of Monmouth and given him a + punctual account of what I had from him; and the duke did + absolutely disown any such thing, and told me, he never did + give him any encouragement to proceed that way, because the + countries were not in a disposition for action, nor could be + put in readiness at that time. Says my lord Shaftesbury, It is + false: they are afraid to own it. And, says he, I have reason + to believe, there is some artificial bargain between his father + and him, to save one another: for when I have brought him to + action, I could never get him to put on, and therefore I + suspect him: and, says he, several honest men in the city have + puzzled me, in asking how the duke of Monmouth lived: says he, + They puzzled me, and I could not answer the question; for I + know he must have his living from the King; and says he, we + have different prospects; we are for a Commonwealth and he hath + no other design but his own personal interest, and that will + not go down with my people now (so he called them), they are + all for a commonwealth: and then, says he, It is to no purpose + for me to see him; it will but widen the breach, and I dare not + trust him to come hither. Says I, My lord, that's a good one + indeed! dare not you trust him, and yet do you send me to him + on this errand? Nay, says he, it is because we have had some + misunderstanding of late; but I believe he is true enough to + the interest. Says I, It is a great unhappiness to take this + time to fall out, and I think it is so great a design, that it + ought to be undertaken with the greatest strength and coalition + in the kingdom. Says he, My friends are now gone so far, that + they can't pull their foot back again without going further; + for, says he, it hath been communicated to so many that it is + impossible to keep it from taking air, and it must go on. Says + he, We are not so unprovided as you think for; there are so + many men, that you will find as brisk men as any in England. + Besides we are to have 1000 or 1500 horse, that are to be drawn + by insensible parties into town, that when the insurrection is, + shall be able to scour the streets and hinder them from forming + their forces against us. My lord, after great inlargement upon + this head, and heads of the like nature, I told him I would not + leave him thus, and that nothing should satisfy me, but an + interview between him and the lords. No, I could not obtain it: + but if I would go and tell them what a forwardness he was in, + and that, if they would do themselves right, by putting + themselves upon correspondent action in their respective + places, and where their interest lay, well; otherwise he would + go away without them: So I went again to the Duke of Monmouth, + I spake to him only (I never spake to my lord Russell then, + only we were together, but I had never come to any close + conjunction of counsels in my life with him at that time). Says + I to the duke, This man is mad, and his madness will prove + fatal to us all; he hath been in a fright by being in the + tower, and carries those fears about him that cloud his + understanding. I think his judgment hath deserted him, when he + goes about with those strange sanguine hopes that I can't see + what should support him in the ground of them. + + Therefore says I, Pray will you give him a meeting? God-so says + the duke, with all my heart, and I desire nothing more. Now I + told him, I had been with my lord Shaftesbury, with other + inlargements that I need not trouble your lordship with; well, + says he, pray go to him, and try if it be possible to get a + meeting; so I went to him and told him; Says I, This is a great + unhappiness and it seems to be a great absurdity, that you are + so forward to act alone in such a thing as this. Pray, says I, + without any more to do, since you have this confidence to send + for me, let me prevail with you to meet them, and give them an + interview, or else you and I must break. I will no longer hold + any correspondence, unless it be so. Says he, I tell you they + will betray me. In short he did with much importunity yield + that he would come out the next night in a disguise. By this + time it was Saturday, I take it to be the 6th of Oct.: an + almanac will settle that: so the next night being Sunday and + the shops shut, he would come out in a concealment, be carried + in a coach, and brought to his own house, which he thought then + was safest. I came and gave the duke of Monmouth an account of + it; the duke I suppose conveyed the same understanding to my + lord Russell; and I suppose both would have been there + accordingly, to have given the meeting: but next morning I + found colonel Rumsey had left a note at my house, that the + meeting could not be that day. Then I went to the duke of + Monmouth and he had had the account before, that my lord + Shaftesbury did apprehend himself to be in some danger in that + house, and that the apprehension had occasioned him to remove; + but we should be sure to hear from him in two or three days. We + took it as a waiver, and thought he did from thence intend to + abscond himself from us, and it proved so to me, for from that + time I never saw him. But captain Walcot came to me, and told + me, that he was withdrawn, but it was for fear his lodging + might be discovered, but he did not doubt but in a week he + would let me know where his lodging was: but told me within + such a time, which I think was eight or ten days, there would + be a rising; and I told the duke of Monmouth and I believe he + told my lord Russell; and we believed his frenzy was now grown + to that height, that he would rise immediately and put his + design into execution: so we endeavoured to prevent it, upon + which my lord Russell (I was told) and the duke of Monmouth, + did force their way to my lord Shaftesbury's and did persuade + him to put off the day of his rendezvous. I had not this from + my lord Russell, for I had not spoke a word to him: but the + duke told me my lord Russell had been with him (I had indeed an + intimation, that he had been with him but the duke told me, + says he, I have not been with him, but my lord Russell was, + having been conveyed by colonel Rumsey). After this day was put + off, it seems it was put off with this condition, that those + lords and divers others should be in a readiness to raise the + country about that day fortnight, or thereabouts; for there was + not above a fortnight's time given: and, says the duke of + Monmouth, we have put it off but now we must be in action, for + there is no holding it off any longer. And says he, I have been + at Wapping all night, and I never saw a company of bolder and + brisker fellows in my life; and says he, I have been round the + Tower and seen the avenues of it; and I do not think it will be + hard, in a little time, to possess ourselves of it; but says + he, they are in the wrong way, yet we are engaged to be ready + for them in a fortnight, and therefore, says he, now we must + apply ourselves to it as well as we can. And thereupon I + believe they did send into the country and the duke of Monmouth + told me he spake to Mr. Trenchard, who was to take particular + care of Somersetshire, with this circumstance; Says he, I + thought Mr. Trenchard had been a brisker fellow; for when I + told him of it, he looked so pale, I thought he would have + swooned, when I brought him to the brink of action; and said, I + pray go and do what you can among your acquaintance; and truly + I thought it would have come then to action. But I went the + next day to him, and he said it was impossible, they could not + get the gentlemen of the country to stir yet. + + LORD RUSSELL--My lord, I think I have very hard measure, here + is a great deal of evidence by hearsay. + + LORD CHIEF-JUSTICE--This is nothing against you, I declare it + to the jury. + + ATTORNEY-GENERAL--If you please, my lord, go on in the method + of time. This is nothing against you, but it's coming to you, + if your lordship will have patience, I assure you. + + LORD HOWARD--This is just in the order it was done. When this + was put off, then they were in a great hurry; and Captain + Walcot had been several times with me, and discoursed of it. + But upon this disappointment they said, it should be the + dishonour of the lords, that they were backward to perform + their parts; but still they were resolved to go on. And this + had carried it to the latter end of October. About the 17th or + 18th captain Walcot came to me, and told me, now they were + resolved positively to rise, and did believe that a smart party + might perhaps meet with some great men[16]. Thereupon I told + the duke of it; I met him in the street and went out of my own + coach into his, and told him there was some dark intimation, as + if there might be some attempt upon the king's person; with + that he struck his breast with a great emotion of spirit, and + said, God-so, kill the king! I will never suffer that. Then he + went to the play-house to find sir Thomas Armstrong and send + him up and down the city to put it off, as they did formerly; + and it was done with that success, that we were all quieted in + our minds, that at that time nothing would be done: but upon + the day the king came from Newmarket, we dined together; the + duke of Monmouth was one, and there we had a notion conveyed + among us, that some bold action should be done that day; which + comparing it with the king's coming, we concluded it was + designed upon the king. And I remember my lord Grey, says he, + By God, if they do attempt any such thing, it can't fail. We + were in great anxiety of mind, till we heard the king's coach + was come in, and sir Thomas Armstrong not being there, we + apprehended that he was to be one of the party (for he was not + there). This failing, it was then next determined (which was + the last alarum and news I had of it), to be done upon the 17th + of November, the anniversary of queen Elizabeth; and I remember + it by this remark I made myself, that I feared it had been + discovered, because I saw a proclamation a little before + forbidding public bonfires without leave of my lord mayor. It + made some impressions upon me that I thought they had got an + intimation of our intention, and had therefore forbid that + meeting. This therefore of the 17th of November being also + disappointed, and my lord Shaftesbury, being told things were + not ripe, in the country, took shipping and got away: and from + that time I heard no more of him till I heard he was dead. + Now, Sir, after this, we all began to lie under the same sense + and apprehensions that my lord Shaftesbury did, that we had + gone so far, and communicated it to so many, that it was unsafe + to make a retreat; and this being considered, it was also + considered, that so great an affair as that was, consisting of + such infinite particulars, to be managed with so much fineness, + and to have so many parts, it would be necessary, that there + should be some general council, that should take upon them the + care of the whole. Upon these thoughts we resolved to erect a + little Cabal among ourselves, which did consist of six persons; + and the persons were the duke of Monmouth, my lord of Essex, my + lord Russell, Mr. Hambden junr., Algernone Sidney, and myself. + + ATTORNEY-GENERAL--About what time was this, when you settled + this council? + + LORD HOWARD--It would have been proper for me in the next place + to tell you that, and I was coming to it. This was about the + middle of Jan. last (as near as I can remember); for about that + time we did meet at Mr. Hambden's house. + + ATTORNEY-GENERAL--Name those that met. + + LORD HOWARD--All the persons I named before; that was the duke + of Monmouth, my lord of Essex, my lord Russell, col. Sidney; + Mr. Hambden junr., and myself; when we met there, it was + presently agreed what their proper province was, which was to + have a care of the whole; and therefore it was necessary some + general things should fall under our care and conduct which + could not possibly be conducted by individual persons. The + things that did principally challenge this care, we thought + were these: Whether the insurrection was most proper to be + begun in London, or in the country, or both at one instant. + This stood upon several different reasons: It was said in the + country; and I remember the Duke of Monmouth insisted upon it, + that it was impossible to oppose a formed, well-methodized and + governed force, with a rabble hastily got together; and + therefore whatever number could be gathered in the city, would + be suppressed quickly, before they could form themselves: + therefore it would be better to begin it at such a distance + from the town, where they might have an opportunity of forming + themselves, and would not be subject to the like panic fear, as + in the town, where half an hour would convey the news to those + forces that in another half hour would be ready to suppress + them. + +It was further suggested that if the meeting was remote from London, the +King must either give an opportunity for a rising there by withdrawing +troops, or else give the insurgents time to gather head. Other questions +discussed were what counties and towns were the fittest for action, what +arms were necessary, how the L20,000 or L30,000 which the Duke of +Monmouth considered necessary for the rising were to be raised; lastly +and chiefly how to 'order it, as to draw Scotland into a consent with +us.' Another meeting was held ten days afterwards at Lord Russell's, +when the same persons were present. It was then decided to send +messengers to Lord Argyle 'to settle an understanding with him, and +others to invite to England persons' that were judged most able to +understand the state of Scotland, and give an account of it. Aaron +Smith[17] was accordingly sent to Sir John Cochram[18], Lord +Melvile[19], and Sir ---- Campbell, and received sixty guineas from +Algernon Sidney for his expenses. It was agreed that the conspirators +should not meet together again till Aaron Smith's return. His absence +for a month caused some apprehensions; 'but if his letters had +miscarried, it could have done no great hurt, for it carried only a kind +of cant in it; it was under the disguise of a plantation in Carolina.' + + ATTORNEY-GENERAL--You are sure my lord Russell was there? + + LORD HOWARD--Yes, sir; I wish I could say he was not. + + ATTORNEY-GENERAL--Did he sit there as a cypher? What did my + lord say? + + LORD HOWARD--Every one knows my lord Russell is a person of + great judgment, and not very lavish in discourse. + + SERJEANT JEFFREYS--But he did consent? + + LORD HOWARD--We did not put it to the vote, but it went without + contradiction, and I took it that all there gave their consent. + + SOLICITOR-GENERAL--The raising of money you speak of, was that + put into in any way? + + LORD HOWARD--No, but every man was to put themselves upon + thinking of such a way, that money might be collected without + administering jealousy. + + ATTORNEY-GENERAL--Were there no persons to undertake for a + fund? + + LORD HOWARD--No, I think not. However it was but opinion, the + thing that was said was jocosely, rather than anything else, + that my lord of Essex had dealing in money, and therefore he + was thought the most proper person to take care of those + things; but this was said rather by way of mirth, than + otherwise. + +Howard then withdrew to Essex to see after some private affairs; on +returning to town he heard that Smith had returned with Sir John Cochram +but did not see them. He then went to Bath and had nothing more to do +with the conspiracy. + + LORD CHIEF-JUSTICE--My lord Russell, now if your lordship + pleases, is the time for you to ask him any questions. + + LORD RUSSELL--The most he hath said of me, my lord, is only + hearsay; the two times we met, it was upon no formed design, + only to talk of news, and talk of things in general. + + LORD CHIEF-JUSTICE--But I will tell you what it is he + testifies, that comes nearest your lordship, that so you may + consider of it, if you will ask any questions. He says after my + lord Shaftesbury went off (all before is but inducement, as to + anything that concerns your lordship, and does not particularly + touch you; after his going away he says) the party concerned + with my lord Shaftesbury did think fit to make choice of six + persons to carry on the design of an insurrection or rising, as + he calls it, in the kingdom; and that to that purpose, choice + was made of the Duke of Monmouth, my lord of Essex, your + lordship, my lord Howard, colonel Sidney, and Mr. Hambden. + + LORD RUSSELL--Pray my lord, not to interrupt you, by what party + (I know no party) were they chosen? + + LORD HOWARD--It is very true, we were not chosen by community, + but did erect ourselves by mutual agreement, one with another, + into this society. + + LORD RUSSELL--We were people that did meet very often. + + LORD CHIEF-JUSTICE--Will your lordship please to have any other + questions asked of my lord Howard? + + LORD RUSSELL--He says it was a formed design, when we met about + no such thing. + + LORD CHIEF-JUSTICE--He says that you did consult among + yourselves, about the raising of men, and where the rising + should be first, whether in the city of London, or in more + foreign parts, that you had several debates concerning it; he + does make mention of some of the duke of Monmouth's arguments + for its being formed in places from the city; he says you did + all agree, not to do anything further in it, till you had + considered how to raise money and arms: and to engage the + kingdom of Scotland in this business with you, that it was + agreed among you that a messenger should be sent into the + kingdom of Scotland. Thus far he goes upon his own knowledge, + as he saith; what he says after, of sending a messenger, is by + report only. + + ATTORNEY-GENERAL--I beg your pardon, my lord. + + LORD CHIEF-JUSTICE--It is so, that which he heard concerning + the sending of Aaron Smith. + + ATTORNEY-GENERAL--Will you ask him any questions? + + LORD RUSSELL--We met, but there was no debate of any such + thing, nor putting anything in method. But my lord Howard is a + man that hath a voluble tongue, talks very well, and is full of + discourse, and we were delighted to hear him. + + ATTORNEY-GENERAL--I think your lordship did mention the + Campbells? + + LORD HOWARD--I did stammer it out, but not without a + parenthesis, it was a person of the alliance, and I thought of + the name of the Argyles. + +_Atterbury_ was called, and swore that Sir Hugh Campbell was in his +custody; was captured 'making his escape out of a woodmonger's house, +both he and his son'; he owned that he had been in London four days, and +that he and his son and Bailey came to town together. + + +_West[20] was then called and sworn._ + + ATTORNEY-GENERAL--That which I call you to, is to know whether + or no, in your managery of this plot, you understand any of the + lords were concerned, and which. + + MR. WEST--My lord, as to my lord Russell, I never had any + conversation with him at all, but that I have heard this, that + in the insurrection in November, Mr. Ferguson and colonel + Rumsey did tell me that my lord Russell intended to go down and + take his post in the West, when Mr. Trenchard had failed them. + + LORD CHIEF-JUSTICE--What is this? + + ATTORNEY-GENERAL--We have proved my lord privy to the consults; + now we go about to prove the under-actors did know it. + + WEST--They always said my lord Russell was the man they most + depended upon, because he was a person looked upon as of great + sobriety. + + LORD RUSSELL--Can I hinder people from making use of my name? + To have this brought to influence the gentlemen of the jury, + and inflame them against me, is hard. + + LORD CHIEF-JUSTICE--As to this, the giving evidence by hearsay + will not be evidence; what colonel Rumsey, or Mr Ferguson told + Mr. West, is no evidence. + + ATTORNEY-GENERAL--It is not evidence to convict a man, if there + were not plain evidence before; but it plainly confirms what + the other swears: but I think we need no more. + + JEFFREYS--We have evidence without it, and will not use + anything of garniture; we will leave it as it is, we won't + trouble your lordship any further. I think, Mr. Attorney, we + have done with our evidence. + +The Lord Chief-Justice then recapitulated the evidence given against +Lord Russell, dwelling particularly on the traitorous character of +Rumsey's message, Russell's privity to Trenchard's rising, the alleged +written declaration, and the consultations as to the best method of +effecting a rising, and finally called on Lord Russell to make his +defence. + + LORD RUSSELL--My lord, I cannot but think myself mighty + unfortunate, to stand here charged with so high and heinous a + crime, and that intricated and intermixed with the treasons and + horrid practices and speeches of other people, the king's + counsel taking all advantages, and improving and heightening + things against me. I am no lawyer, a very unready speaker, and + altogether a stranger to things of this nature, and alone, and + without counsel. Truly, my lord, I am very sensible, I am not + so provided to make my just defence, as otherwise I should do. + But, my lord, you are equal, and the gentlemen of the jury, I + think, are men of consciences; they are strangers to me, and I + hope they value innocent blood, and will consider the witnesses + that swear against me, swear to save their own lives; for + howsoever legal witnesses they may be accounted, they can't be + credible. And for col. Rumsey, who it is notoriously known hath + been so highly obliged by the king, and the duke, for him to be + capable of such a design of murdering the king, I think nobody + will wonder, if to save his own life, he will endeavour to take + away mine; neither does he swear enough to do it; and then if + he did, the time by the 13th of this king, is elapsed, it must + be as I understand by the law, prosecuted within six months; + and by the 25 Edw. III. a design of levying war is no treason, + unless by some overt-act it appear.[21] And, my lord, I desire + to know, what statute I am to be tried upon; for generals, I + think, are not to be gone upon in these cases. + +The _Attorney-General_ replies that they are proceeding under the +Statute of 25 Edward III.; that he does not contend that a design to +levy war is treason, but to prepare forces to fight against the King is +a design within the Statute to kill the King; 'to design to depose the +King, to imprison the King, to raise the subjects against the King, +these have been settled by several resolutions to be within that +Statute, and evidences of a design to kill the King.'[22] A man cannot +be convicted of treason by one witness only, but several witnesses to +several acts which manifest the same treason are sufficient. + + JEFFREYS--If my lord will call his witnesses---- + + LORD RUSSELL--This is tacking of two treasons together; here is + one in November by one witness, and then you bring in another + with a discourse of my lord Howard, and he says the discourse + passed for pleasure. + +The Lord Chief-Justice and Jeffreys point out that it has been settled +that the two witnesses required in treason may be witnesses to different +acts, and that if Lord Russell admits the facts his counsel may be heard +on the point of law. + + LORD CHIEF-JUSTICE--My lord, to hear your counsel concerning + this fact, that we cannot do, it was never done, nor will be + done. If your lordship doubts whether this fact is treason or + not, and desires your counsel may be heard to that, I will do + it. + + SOLICITOR-GENERAL--Will your lordship please to call any + witness to the matter of fact? + + LORD RUSSELL--It is very hard a man must lose his life upon + hearsay. Colonel Rumsey says he brought a message which I will + swear I never heard nor knew of. He does not say he spake to + me, or I gave him any answer. Mr. Sheppard remembers no such + thing; he was gone to and again. Here is but one witness, and + seven months ago. + + ATTORNEY-GENERAL--My lord, if there is anything that is law, + you shall have it + + LORD RUSSELL--My lord, colonel Rumsey, the other day before the + king [the information of Rumsey is signed by the Duke of + Abermarle and Sir Leoline Jenkins, Secretary of State] could + not say that I heard it, I was in the room, but I came in late, + they had been there a good while; I did not stay above a + quarter of an hour tasting sherry with Mr. Sheppard. + +Here some of the judges desired that 25 Edw. III. c. 2 should be read, +which was done. The material parts of it declare 'that whereas divers +opinions have been before this time, in what case treason shall be said, +and in what not ... when a man doth compass or imagine the death of our +lord the king ... or if a man do levy war against our lord the king in +his realm, or be adherent to the king's enemies in his realm, giving to +them aid and comfort in the realm, or elsewhere, and thereof be +provable attainted of open deed by people of their condition,' it is +treason. On this the point of law is re-discussed with the same result +as before. + + LORD RUSSELL--I do not know how to answer it. The points + methinks must be quite otherwise, that there should be two + witnesses to one thing at the same time. + + ATTORNEY-GENERAL--Your lordship remembers, in my lord + Stafford's case, there was but one witness to one act in + England, and another to another in France. + + LORD RUSSELL--It was to the same point. + + ATTORNEY-GENERAL--To the general point, the lopping point. + + LORD RUSSELL--I can prove I was out of town when one of these + meetings was; but Mr. Sheppard cannot recollect the day, for I + was out of town all that time. I never was but once at Mr. + Sheppard's and there was nothing undertaken of viewing the + guards while I was there. Col. Rumsey, can you swear + positively, that I heard the message, and gave any answer to + it? + + LORD CHIEF-JUSTICE (to Col. Rumsey)--Sir, did my lord Russell + hear you when you delivered the message to the company? Were + they at the table, or where were they? + + COLONEL RUMSEY--When I came in they were standing at the + fireside; but they all came from the fireside to hear what I + said. + + LORD RUSSELL--Col. Rumsey was there when I came in. + + COLONEL RUMSEY--No, my lord. The duke of Monmouth and my lord + Russell went away together; and my lord Grey, and sir Thomas + Armstrong. + + LORD RUSSELL--The duke of Monmouth and I came together, and you + were standing at the chimney when I came in; you were there + before me. My lord Howard hath made a long narrative here of + what he knew. I do not know when he made it, or when he did + recollect anything; 'tis but very lately, that he did declare + and protest to several people, that he knew nothing against me, + nor of any Plot I could in the least be questioned for. + + LORD CHIEF-JUSTICE--If you will have any witnesses called to + that, you shall, my lord. + + LORD RUSSELL--My lord Anglesey, and Mr. Edward Howard. + + My lord Anglesey stood up. + + LORD CHIEF-JUSTICE--My lord Russell, what do you ask my lord + Anglesey? + + LORD RUSSELL--To declare what my lord Howard told him about me, + since I was confined. + + LORD ANGLESEY--My lord, I chanced to be in town the last week; + and hearing my lord of Bedford was in some distress and trouble + concerning the affliction of his son, I went to give him a + visit, being my old acquaintance, of some 53 years' standing, I + believe; for my lord and I were bred together at Maudlin + College in Oxon; I had not been there but a very little while, + and was ready to go away again, after I had done the good + office I came about; but my lord Howard came in, I don't know + whether he be here. + + LORD HOWARD--Yes, here I am to serve your lordship. + + LORD ANGLESEY--And sat down on the other side of my lord of + Bedford, and he began to comfort my lord; and the arguments he + used for his comfort, were, my lord, you are happy in having a + wise son, and a worthy person, one that can never sure be in + such a Plot as this, or suspected for it, and that may give + your lordship reason to expect a very good issue concerning + him. I know nothing against him, or any body else, of such a + barbarous design, and therefore your lordship may be comforted + in it. I did not hear this only from my lord Howard's mouth, + but at my own home on the Monday after, for I used to go to + Totteridge for fresh air; I went down on Saturday, this + happened to be on Friday (my lord being here, I am glad, for he + cannot forget this discourse); and when I came to town on + Monday I understood that my lord Howard upon that very Sunday + had been church with my lady Chaworth. My lady has a chaplain + it seems that preaches there and does the offices of the + church; but my lady came to me in the evening. This I have from + my lady---- + + LORD CHIEF-JUSTICE--My lord, what you have from my lady is no + kind of evidence at all. + + LORD ANGLESEY--I don't know what my lord is, I am acquainted + with none of the evidence, nor what hath been done; But my lady + Chaworth came to me, and acquainted me there was some + suspicion---- + + JEFFREYS--I don't think it fit for me to interrupt a person of + your honour, my lord, but your lordship knows in what place we + stand here: What you can say of anything you heard of my lord + Howard, we are willing to hear, but the other is not evidence. + As the court will not let us offer hearsays, so neither must we + that are for the king permit it. + + LORD ANGLESEY--I have told you what happened in my hearing. + +_Mr. Howard_ was then called, and after describing steps he took to +prevail on Lord Howard to come over to the King's side, when 'I +sometimes found my lord very forward and sometimes softened him'; and +continuing-- + + LORD CHIEF-JUSTICE--Pray apply yourself to the matter you are + called for. + + MR. HOWARD--This it may be is to the matter, when you have + heard me: for I think I know where I am, and what I am to say. + + LORD CHIEF-JUSTICE--We must desire you not to go on thus. + + MR. HOWARD--I must satisfy the world, as well as I can, as to + myself, and my family, and pray do not interrupt me. After + this, my lord, there never passed a day for almost---- + + LORD CHIEF-JUSTICE--Pray speak to this matter. + + HOWARD--Sir, I am coming to it. + + LORD CHIEF-JUSTICE--Pray, Sir, be directed by the Court. + + HOWARD--Then now, sir, I will come to the thing. Upon this + ground I had of my lord's kindness, I applied myself to my lord + in this present issue, on the breaking out of this Plot. My + lord, I thought certainly, as near as I could discern him (for + he took it upon his honour, his faith, and as much as if he had + taken an oath before a magistrate), that he knew nothing of any + man concerned in this business, and particularly of my lord + Russell, whom he vindicated with all the honour in the world. + My lord, it is true, was afraid of his own person, and as a + friend and a relation I concealed him in my own house, and I + did not think it was for such a conspiracy, but I thought he + was unwilling to go to the Tower for nothing again;[23] so + that if my lord has the same soul on Monday, that he had on + Sunday, this cannot be true, that he swears against my lord + Russell. + + LORD RUSSELL--Call Dr. Burnet.[24] + + LORD RUSSELL--Pray, Dr. Burnet, did you hear anything from my + lord Howard, since the Plot was discovered, concerning me? + + DR. BURNET--My lord Howard was with me the night after the Plot + broke out, and he did then, as he had done before, with hands + and eyes lifted up to heaven, say he knew nothing of any Plot, + nor believed any; and treated it with scorn and contempt. + + LORD HOWARD--My lord, may I speak for myself? + + JEFFREYS--No, no, my lord, we don't call you. + + LORD CHIEF-JUSTICE--Will you please to have any other witnesses + called? + + LORD RUSSELL--There are some persons of quality that I have + been very well acquainted and conversed with. I desire to know + of them, if there was anything in my former carriage to make + them think me like to be guilty of this? My lord Cavendish. + + LORD CAVENDISH--I had the honour to be acquainted with my lord + Russell a long time. I always thought him a man of great + honour, and too prudent and wary a man to be concerned in so + vile and desperate a design as this, and from which he would + receive so little advantage; I can say nothing more, but that + two or three days since the discovery of this plot upon + discourse about Col. Rumsey my lord Russell did express + something, as if he had a very ill opinion of the man, and + therefore it is not likely he would entrust him with such a + secret. + + LORD RUSSELL--Dr. Tillotson.[25] + + LORD CHIEF-JUSTICE--What questions would you ask him, my lord? + + LORD RUSSELL--He and I happened to be very conversant. To know + whether he did ever find anything tending to this in my + discourse. + + LORD CHIEF-JUSTICE--My lord calls you as to his life, and + conversation and reputation. + + DR. TILLOTSON--My lord, I have been many years last past + acquainted with my lord Russell, I always judged him a person + of great virtue and integrity, and by all the conversation and + discourse I ever had with him, I always took him to be a person + very far from any such wicked design he stands charged with. + + LORD RUSSELL--Dr. Burnet, if you please to give some account of + my conversation. + + DR. BURNET--My lord, I have had the honour to be known to my + lord Russell several years, and he hath declared himself with + much confidence to me, and he always upon all occasions + expressed himself against all risings; and when he spoke of + some people would provoke to it, he expressed himself so + determined against that matter that I think no man could do + more. + +_Dr. Thomas Cox_ was then called and said that having seen a great deal +of Lord Russell during the six weeks 'before this plot came out,' he had +always found him against all kind of risings; he expressed distrust of +Rumsey. + + He said, for my lord Howard, he was a man of excellent parts, + of luxuriant parts, but he had the luck not to be much trusted + by any party. + +The _Duke of Somerset_ spoke shortly as to Lord Russell's honour, +loyalty, and justice. + + FOREMAN OF THE JURY--The gentlemen of the jury desire to ask my + lord Howard something upon the point my lord Anglesey + testified, and to know what answer he makes to lord Anglesey. + + LORD CHIEF-BARON--My lord, what say you to it, that you told + his father that he was a discreet man, and he needed not to + fear his engagement in any such thing? + + LORD HOWARD--My lord, if I took it right my lord Anglesey's + testimony did branch itself into two parts, one of his own + knowledge, and the other by hearsay; as to what he said of his + own knowledge, when I waited upon my lord of Bedford, and + endeavoured to comfort him concerning his son, I believe I said + the words my lord Anglesey has given an account of, as near as + I can remember, that I looked upon his lordship as a man of + that honour, that I hoped he might be secure, that he had not + entangled himself in anything of that nature. My lord, I can + hardly be provoked to make my own defence, lest this noble lord + should suffer, so willing I am to serve my lord, who knows I + cannot want affection for him. My lord, I do confess I did say + it; for your lordship well knows under what circumstances we + were: I was at that time to outface the thing, both for myself + and my party, and I did not intend to come into this place, and + act this part. God knows how it is brought upon me, and with + what unwillingness I do sustain it; but my duty to God, the + king, and my country requires it; but I must confess I am very + sorry to carry it on thus far. My lord, I do confess I did say + so, and if I had been to visit my lord Pemberton, I should have + said so. There is none of those that know my lord Russell, but + would speak of my lord Russell, from those topics of honour, + modesty and integrity, his whole life deserves it. And I must + confess that I did frequently say, there was nothing of truth + in this, and I wish this may be for my lord's advantage. My + lord, will you spare me one thing more, because that leans hard + upon my reputation; and if the jury believe that I ought not to + be believed, for I do think the religion of an oath is not tied + to a place, but receives its obligation from the appeal we + therein make to God, and, I think, if I called God and angels + to witness to a falsehood, I ought not to be believed now; but + I will tell you as to that; your lordship knows that every man + that was committed, was committed for a design of murdering the + king; now I did lay hold on that part, for I was to carry my + knife close between the paring and the apple; and I did say + that if I were an enemy to my lord Russell, and to the Duke of + Monmouth, and were called to be a witness, I must have declared + in the presence of God and man, that I did not believe either + of them had any design to murder the king. I have said this, + because I would not walk under the character of a person that + would be perjured at the expense of so noble a person's life, + and my own soul. + +_Lord Clifford_, _Mr. Suton Gore_, _Mr. Spencer_, and _Dr. +Fitz-Williams_ then all gave evidence as to Lord Russell's character in +general terms. + + LORD CHIEF-JUSTICE--My lord, does your lordship call any more + witnesses? + + LORD RUSSELL--No, my lord, I will be very short. I shall + declare to your lordship, that I am one that have always had a + heart sincerely loyal and affectionate to the king, and the + government the best government in the world. I pray as + sincerely for the king's happy and long life as any man alive; + and for me to go about to raise a rebellion, which I looked + upon as so wicked and unpracticable, is unlikely. Besides, if I + had been inclined to it, by all the observation I made in the + country, there was no tendency to it. What some hot-headed + people have done there, is another thing. A rebellion cannot be + made now as it has been in former times; we have few great men. + I was always for the government, I never desired anything to be + redressed, but in a parliamentary and legal way, I have always + been against innovations and all irregularities whatsoever; and + shall be as long as I live, whether it be sooner or later. + Gentlemen, I am now in your hands eternally, my honour, my + life, and all; and I hope the heats and animosities that are + amongst you will not so bias you, as to make you in the least + inclined to find an innocent man guilty. I call to witness + heaven and earth, I never had a design against the king's life, + in my life, nor never shall have. I think there is nothing + proved against me at all. I am in your hands. God direct you. + +The _Solicitor-General_ then proceeds to sum up the case against Lord +Russell. The treason alleged against the prisoner is conspiring the +death of the King; the overt act proving the conspiracy is the +assembling in council to raise arms against the King and raise a +rebellion here. Rumsey was sent by Shaftesbury to Sheppard's house to +ask for news of Trenchard's rising at Taunton; the message was delivered +in Russell's presence and an answer was given as from them all that they +were disappointed there, and were not ready to rise. Monmouth, Grey, and +Armstrong went out to inspect the guards and reported that it was +feasible to surprise them. Russell was present and discussed a rising +with the rest; the rising was to be on the 19th of November. Sheppard +speaks to Ferguson engaging his rooms on behalf of Monmouth; there was +consequently a private meeting there which Russell attended. He confirms +Rumsey as to the inspecting of the guards, and speaks to the reading of +a paper, though he does not say that Russell was there when it was +read. Lord Howard 'gives you an account of many things, and many things +that he tells you are by hearsay. But I cannot but observe to you that +all this hearsay is confirmed by these two positive witnesses.' +Shaftesbury told Howard of the disappointment he had met with from noble +persons who would not join with him; Howard went from Shaftesbury to +Monmouth to expostulate with him; 'and Monmouth said he had always told +him (? Howard or Shaftesbury) he would not engage at that time.' This, +says the Solicitor-General, is confirmed by Rumsey's account of the +delivery of his message. Then follows the abandonment of the rising on +the 19th of November in consequence of the proclamation forbidding the +usual rejoicings on that occasion, and Shaftesbury's departure, leading +to the formation of the committee of six, of whom Lord Russell was one, +and who at one meeting discussed the proper place for the rising and at +another how best to obtain assistance from Scotland. Lord Russell states +that he only came to Sheppard's house by accident, about some other +business, but he came with Monmouth, and Monmouth came by appointment. +Surely this designed and secret meeting must have been intended for the +purposes for which it was used. Lord Russell objects that this evidence +proves no more than a conspiracy to levy war, which is not treason +within 25 Edw. III., and though it is treason within 13 Car. II., that +statute does not apply because the prosecution has not taken place +within six months of the offence. But the case is one of high treason +under 25 Edw. III., because 'to conspire to levy war, is an overt-act +to testify the design of the death of the King'; as to which see Lord +Cobham's case, 1 Jac.[26] A conspiracy to levy war against the king's +person tends to seizing the King, which has always been taken to be +treason. It may be different in the case of a conspiracy to levy war by +such an act as overthrowing all inclosures (which is levying war), which +by construction only is against the King, but such cases are to be +distinguished from the levying of war against the King himself; see the +case of Dr. Story. As was seen in Plunket's[27] case, to invite a +foreign invasion is to conspire the death of the King. Coke, in the +passage before that relied on by Lord Russell, admits that this is the +law. When Coke says that to levy war is not an overt act for compassing +the death of the King (that is, is not evidence of such an intention), +Sir Henry Vane's case shows he is wrong. + + As to the killing of the King, I am apt to think that was below + the honour of the prisoner at the bar ... but this is equal + treason; if they designed only to bring the King into their + power, till he had consented to such things as should be moved + in Parliament, it is equally treason as if they had agreed + directly to assassinate him. + +Lord Howard, it is true, testified repeatedly to Lord Russell's +innocence, but was not this the best way of concealing his own guilt? +Surely Dr. Burnet would look on himself as the last person to whom +conspirators would confess their crimes. + +_Jeffreys_ followed, recapitulating a few of the facts, but adding +nothing to the Solicitor-General's argument. + + LORD CHIEF-JUSTICE--Gentlemen of the jury, the prisoner at the + bar stands indicted before you of High treason in compassing + and designing the death of the king, and declaring of it by + overt-acts endeavouring to raise insurrections, and popular + commotions, in the kingdom here. To this he hath pleaded, Not + Guilty. You have heard the evidence that hath been against him; + it hath been at large repeated by the king's counsel which will + take off a great deal of my trouble in repeating it again. I + know you cannot but take notice of it, and remember it, it + having been stated twice by two of the king's counsel to you; + 'tis long, and you see what the parties here have proved. There + is first of all Col. Rumsey, he does attest a meeting at Mr. + Sheppard's house, and you hear to what purpose he says it was; + the message that he brought, and the return he had; it was to + enquire concerning a rising at Taunton; and that he had in + return to my lord Shaftesbury was, that Mr. Trenchard had + failed them, and my lord must be contented; for it could not be + that time. You hear that he does say, that they did design a + rising; he saith there was a rising designed in November, I + think he saith the seventeenth, upon the day of queen + Elizabeth's birth.[28] You hear he does say there was at that + meeting some discourse concerning inspecting the king's guards, + and seeing how they kept themselves, and whether they might be + surprised, and this he says was all in order to a rising. He + says, that at this my lord Russell was present. Mr. Sheppard + does say, that my lord Russell was there; that he came into + this meeting with the duke of Monmouth and he did go away with + the duke of Monmouth he believes. He says there was some + discourse of a rising or insurrection that was to be procured + within the kingdom: but he does not tell you the particulars of + any thing, he himself does not. My lord Howard afterwards does + come and tell you of a great discourse he had with my lord + Shaftesbury, in order to a rising in the city of London; and my + lord Shaftesbury did value himself mightily upon 10,000 men he + hoped to raise; and a great deal of discourse, he had with my + lord Shaftesbury. This he does by way of inducement to what he + says concerning my lord Russell. + + The evidence against him is some consults that there were by + six of them, who took upon them, as he says, to be a council + for the management of the insurrection, that was to be procured + in this kingdom. He instances in two that were for this + purpose, the one of them at Mr. Hambden's house, the other at + my lord Russell's house. And he tells you at these meetings, + there was some discourse of providing treasure, and of + providing arms; but they came to no result in these things. He + tells you that there was a design to send for some of the + kingdom of Scotland, that might join with them in this thing. + And this is upon the matter, the substance of the evidence, + that hath been at large declared to you by the king's counsel, + and what you have heard. Now gentlemen, I must tell you some + things it lies upon us to direct you in. + + My lord excepts to these witnesses, because they are concerned, + by their own shewing, in this design. If there were any, I did + direct (some of you might hear me) yesterday, that that was no + sufficient exception against a man's being an evidence in the + case of treason, that he himself was concerned in it; they are + the most proper persons to be evidence, none being able to + detect such counsels but them. You have heard my lord Russell's + witnesses that he hath brought concerning them, and concerning + his own integrity and course of life, how it has been sober and + civil, with a great respect to religion, as these gentlemen do + all testify. Now the question before you will be, Whether upon + this whole matter you do believe my lord Russell had any design + upon the king's life, to destroy the king, or take away his + life, for that is the material part here. It is used and given + you (by the king's counsel) as an evidence of this, that he did + conspire to raise an insurrection, and to cause a rising of the + people, to make as it were a rebellion within the nation, and + to surprise the king's guards, which, say they, can have no + other end, but to seize and destroy the king; and 'tis a great + evidence (if my lord Russell did design to seize the king's + guards, and make an insurrection in the kingdom) of a design to + surprise the king's person. It must be left to you upon the + whole matter: you have not evidence in this case as there was + in the other matter that was tried in the morning or + yesterday,[29] against the conspirators to kill the king at the + Rye. There was a direct evidence of a consult to kill the king, + that is not given you in this case: This is an act of + contriving rebellion, and an insurrection within the kingdom, + and to seize his guards, which is urged an evidence, and surely + is in itself an evidence, to seize and destroy the king. + + Upon this whole matter, this is left to you. If you believe the + prisoner at the bar to have conspired the death of the king + and in order to that, to have had these consults, that these + witnesses speak of, then you must find him guilty of this + treason that is laid to his charge. + + Then the Court adjourned till four o'clock in the afternoon, + when the Jury brought the said Lord Russell in guilty of the + said High Treason. + +On July 14th Lord Russell was brought up before the Recorder for +sentence, and, demanding to have the indictment read, pleaded that no +intention to kill the King had been proved. The Recorder, however, +pointed out that the point had already been taken, and that he was bound +by the verdict of the jury. He then condemned the prisoner in the usual +way to be drawn, hanged, and quartered. This sentence was commuted to +beheading, and was carried out on 21st July. + +Lord Russell was accompanied from Newgate to Lincoln's Inn Fields, where +the execution took place, by Tillotson and Burnet. He spoke a few words +on the scaffold, expressing his affection for the Protestant religion, +and denying knowledge of any plot against the King's life, or the +government. He left a paper of considerable interest from a general +point of view justifying his action in relation to the Popish Plot and +the Exclusion Bill. As to his trial, he asserts that he never saw +Sheppard but once, and then there was no undertaking as to seizing the +guards and no one appointed to view them. It may have been discoursed +of then and at other times, but he never consented to it, and once at +Shaftesbury's he strongly protested against it. He had an intention to +try some sherry when he went to Sheppard's; but when he was in town + + the duke of Monmouth came to me and told me he was extremely + glad I had come to town, for my lord Shaftesbury and some hot + men would undo us all, if great care be not taken; and + therefore for God's sake use your endeavours with your friends + to prevent anything of this kind. He told me there would be + company at Mr. Sheppard's that night, and desired me to be at + home in the evening, and he would call me, which he did: And + when I came into the room I saw Mr. Rumsey by the chimney, + although he swears he came in after; and there were things said + by some with much more heat than judgment, which I did + sufficiently disapprove, and yet for these things I stand + condemned. It is, I know, inferred from thence, and was pressed + to me, that I was acquainted with these heats and ill designs, + and did not discover them; but this is but misprision of + treason at most. So I die innocent of the crime I stand + condemned for, and I hope nobody will imagine, that so mean a + thought could enter into me, as to go about to save myself by + accusing others; the part that some have acted lately of that + kind has not been such as to invite me to love life at such a + rate.... I know I said but little at the trial, and I suppose + it looks more like innocence than guilt. I was also advised not + to confess matter of fact plainly, since that must certainly + have brought me within the guilt of misprision[30]. And being + thus restrained from dealing frankly and openly, I chose rather + to say little, than to depart from ingenuity, that by the grace + of God I had carried along with me in the former parts of my + life; so could easier be silent, and leave the whole matter to + the conscience of the jury, than to make the last and solemnest + part of my life so different from the course of it, as the + using little tricks and evasions must have been. + +Lord Russell's attainder was reversed by a private Act of 1 Will. and +Mary on the ground that the jury were not properly returned, that his +lawful challenges to them for want of freehold were refused, and that he +was convicted 'by partial and unjust constructions of the law.' + +FOOTNOTES: + +[1] Sir Francis Pemberton was born 1625, entered Emmanuel College 1640, +entered the Inner Temple 1645, was called 1654, was made a bencher 1671, +a serjeant 1675, and was imprisoned by the House of Commons for an +alleged breach of privilege in the same year. He was made a Judge of the +King's Bench in 1679, and took part as such in several trials connected +with the Popish Plot; he was discharged in 1680, returned to the bar, +and replaced Scroggs as Chief-Justice of the King's Bench in 1681. He +was moved to the Common Pleas in 1683, to allow Sir Edmund Saunders, who +had advised in the proceedings against the City of London, to act as +judge in the case. He was dismissed from his office of judge in the same +year, about five weeks after Lord Russell's trial. Returning to the bar, +he helped to defend the Seven Bishops, but was imprisoned by the +Convention Parliament for a judgment he had given six years before +against Topham, the serjeant-at-arms, who had claimed to be without his +jurisdiction. He bore on the whole a high character for independence and +honesty; and it is curious to learn that he lived to advise the Earl of +Bedford whether Lord Russell's attainder would prevent his son +succeeding to the earldom. + +[2] Sir Robert Sawyer was born in 1633, entered Magdalene College, +Cambridge, in 1648, where he was chamber-fellow with Pepys, joined the +Inner Temple and went the Oxford circuit. He was elected to the House of +Commons for Chipping Wycombe in 1673, and assisted in drafting the +Exclusion Bill. He appeared for the Crown in most of the State Trials of +this period. He afterwards led in the defence of the Seven Bishops, took +part in the Convention Parliament, and was expelled from the House on +account of his conduct in Armstrong's case. He was re-elected and became +Chief-Justice of the King's Bench in 1691, and died in 1692. + +[3] Heneage Finch, first Earl of Aylesford, was born about 1647: he was +educated at Westminster and Christ Church. He entered the Inner Temple, +became Solicitor-General in 1679, being elected to the House of Commons +for the University of Oxford in the same year. He was deprived of office +in 1686, and defended the Seven Bishops. He sat in the House of Commons +in 1685, in all Parliaments from the Convention Parliament (1689) till +he became a peer in 1703, under the title of Baron Guernsey. He was made +Earl of Aylesford on the accession of George I. (1714), and died in +1719. + +[4] See vol. i. p. 240. + +[5] Francis North, Lord Guilford (1637-1685), the third son of the +fourth Lord North, was educated at various Presbyterian schools and St. +John's College, Cambridge. He was called to the bar in 1661, and with +the help of the Attorney-General, Sir Geoffrey Palmer, soon acquired a +large practice. After holding various provincial posts, he became +Solicitor-General in 1671. He entered Parliament in 1673, and became +Attorney-General the same year, becoming Chief-Justice of the Common +Pleas in 1675. He always strongly supported Charles II.'s government, +temporising during the Popish Plot, and being chiefly responsible for +the execution of Colledge. He became Lord Keeper in 1682, and was raised +to the peerage in 1683: but during his tenure of office was much vexed +by intrigues, particularly by the conduct of Jeffreys, who had succeeded +him in the Common Pleas. He is now chiefly remembered on account of the +very diverting and interesting life of him written by his brother Roger. + +[6] Pollexfen. See Note in Alice Lisle's trial, vol. i. p. 241. + +[7] Sir John Holt (1642-1710) was called to the bar in 1663. He appeared +for Danby on his impeachment in 1679, and was assigned to be counsel for +Lords Powys and Arundell of Wardour, who were impeached for +participation in the Popish Plot in 1680, but against whom the +proceedings were stopped after Stafford's conviction. He appeared for +the Crown in several trials preceding that of Lord Russell, and having +expressed an opinion in favour of the Quo Warranto proceedings against +the City of London was appointed Recorder, knighted, and called as a +serjeant in 1685. He was deprived of the recordership after a year on +refusing to pass sentence of death on a deserter, a point which owed its +importance to Charles II.'s attempts to create a standing army; but as +he continued to be a serjeant, he was unable thenceforward to appear +against the Crown. He acted as legal assessor to the Convention called +after the flight of James II., as a member of the House of Commons took +a leading part in the declaration that he had abdicated, and was made +Chief-Justice in 1689. + +[8] This decision and unspecified 'partial and unjust constructions of +law' were the professed ground on which Russell's attainder was +subsequently reversed: see _post_, p. 56. Sir James Stephen (_Hist. +Crim. Law_, vol. i. p. 412) expresses an opinion that the law upon the +subject at the time was 'utterly uncertain.' + +[9] Lord Grey was the eldest son of the second Baron Grey of Werk. He +succeeded his father in 1675: he voted for Stafford's conviction, and +was a zealous exclusionist. He was convicted of debauching his +sister-in-law, Lady Henrietta Berkeley, in 1682, and consequently took +no part in Russell's plot. He was arrested in connection with the Rye +House Plot, but escaped to Holland, whence he returned to take part in +Monmouth's rising. He was captured after Sedgemoor, but his life was +spared on his being heavily fined and compelled to give evidence against +his friends. He left England, but returned with William III., during +whose reign he filled several offices. He was created Earl of +Tankerville in 1695, and died in 1701. + +[10] Lord Howard, the third Lord Howard of Escrick, was born about 1626. +He entered Corpus College, Cambridge. He served in Cromwell's +Life-guards. As a sectary he seems to have favoured the Restoration. He +was committed to the Tower for secret correspondence with Holland in +1674. After succeeding to the peerage he furthered the trial of his +kinsman Stafford. After giving evidence in this trial (see p. 15), he +gave similar evidence against Algernon Sidney, was pardoned, and died in +obscurity at York in 1694. + +[11] The Earl of Essex was the son of the Lord Capel who was one of +Charles I.'s most devoted adherents and lost his life after his vain +defence of Colchester in 1648. The younger Lord Capel was made Earl of +Essex at the Restoration. Though opposed to the Court party by +inclination, he served on various foreign missions, and was +Lord-Lieutenant of Ireland from 1672 to 1677. On his return to England +he associated himself with the Country party, and on Danby's fall was +placed at the head of the Treasury Commission, and thereafter followed +Halifax and Sunderland in looking to the Prince of Orange for ultimate +assistance rather than Shaftesbury, who favoured the Duke of Monmouth. +He left the Treasury in 1679, supported Shaftesbury in 1680 on the +Exclusion Bill, and appeared as a 'petitioner' at Oxford in 1680. He +voted against Stafford. He was arrested as a co-plotter with Russell on +Howard's information, and committed suicide in the Tower on the day of +his trial (see p. 16). + +[12] Algernon Sidney (1622-1683) was the son of the second Earl of +Leicester, and commanded a troop in the regiment raised by his father, +when he was Lord-Lieutenant in Ireland, to put down the Irish rebellion +of 1641. He afterwards came over to England, joined the Parliamentary +forces, and was wounded at Marston Moor. He continued serving in various +capacities, returning for a time to Ireland with his brother, Lord +Lisle, who was Lord-Lieutenant. He was appointed one of the +commissioners to try Charles I., but took no part in the trial. He was +ejected from Parliament in 1653, and adopted a position of hostility to +Cromwell. He remained abroad after the Restoration, though not excepted +from the Act of Indemnity, and lived a philosophic life at Rome and +elsewhere. He tried to promote a rising against Charles in Holland in +1665, and opened negotiations with Louis XIV. during the French war. He +returned to England in 1677 to settle his private affairs, and stayed on +making friends with the leaders of the Opposition, and vainly trying to +obtain a seat in the House of Commons. He quarrelled with Shaftesbury, +who denounced him as a French pensioner (which he probably was), and +seems to have had no connection with his plots. He was arrested on 27th +June, tried by Jeffreys on 7th November, condemned, and executed on 7th +December 1683. + +[13] John Hampden (1656-1696) was the second son of Richard Hampden. +After travelling abroad in his youth he became the intimate friend of +the leaders of the Opposition on his return to England in 1682. He was +arrested with them and tried in 1684, when he was imprisoned on failing +to pay an exorbitant fine. After Monmouth's rising he was tried again +for high treason. As Lord Grey was produced as a second witness against +him, Lord Howard, who had testified before, being the first, he pleaded +guilty, implicating Russell and others by his confession. He was +pardoned, and lived to sit in Parliament after the Revolution; but +falling into obscurity failed to be elected for his native county in +1696, and committed suicide. + +[14] Rumsey had been an officer in Cromwell's army, and had served in +Portugal with distinction. He obtained a post by Shaftesbury's +patronage; and with West, a barrister, was responsible for the Rye House +Plot. According to his own account, he was to kill the King, whilst +Walcot was to lead an attack on the guards. He appeared as a witness in +the trials of Walcot and Algernon Sidney, as well as in the present one. +His last appearance before the public was as a witness against Henry +Cornish, one of the leaders of the opposition of the City to the Court +party, whom he and one Goodenough accused of participation in Russell's +plot, and who was tried and executed in 1685. He had offered to give +evidence against Cornish before, in 1683, but the second witness +necessary to prove treason was not then forthcoming. The unsatisfactory +nature of Rumsey's evidence led to Cornish's property being afterwards +restored to his family, while, according to Burnet, 'the witnesses were +lodged in remote prisons for their lives.' Cornish was arrested, tried +and executed within a week. + +[15] Walcot was an Irish gentleman who had been in Cromwell's army. He +frequented West's chambers, where he met West and Rumsey, who were the +principal witnesses against him. Rumsey's story was that though Walcot +objected to killing the King, he promised to attack the guards. He was +tried and convicted earlier on the same day. + +[16] The following passages seem to give a true account of the measure +of the complicity of Russell and his friends with the Rye House Plot. + +[17] Aaron Smith is first heard of as an obscure plotter in association +with Oates and Speke. He was prosecuted in 1682 for supplying seditious +papers to Colledge, and sentenced to fine and imprisonment. He managed +to escape, however, before sentence was pronounced, and was arrested in +connection with the present trial, when, as nothing could be proved +against him, he was sentenced for his previous offence. After the +Revolution he was appointed solicitor to the Treasury; but failing to +give a good account of various prosecutions which he set on foot, he was +dismissed in 1697. + +[18] Sir John Cochram or Cochrane was the second son of William +Cochrane, created Earl of Dundonald in 1689. He escaped to Holland at +the time of Russell's trial, took part in Argyle's insurrection in 1685, +turned approver, and farmed the poll tax after the Revolution, but was +imprisoned in 1695 on failing to produce proper accounts. + +[19] George Melville was the fourth baron and the first Earl of +Melville. He supported the Royalist cause in Scotland, and tried to +induce a settlement with the Covenanters before the battle of Bothwell +Bridge. He escaped from England after the discovery of the Rye House +Plot, and appeared at the Court of the Prince of Orange. After the +Revolution he held high offices in Scotland till the accession of Anne, +when he was dismissed. He died in 1707. + +[20] West was a barrister at whose chambers in the Temple Rumsey, +Ferguson, and other plotters used to meet, and it was alleged that the +Rye House Plot was proposed: said by Burnet to have been 'a witty and +active man, full of talk, and believed to be a determined atheist.' + +[21] As to what is treason under 25 Edward III., see _post_, p. 36. +Under 13 Car. II. c. 1 it is treason, _inter alia_, to devise the +deposition of the King; but the prosecution must be within six months of +the commission of the offence. + +[22] The question was, 'What is included in the expressions "Imagine the +King's death" and "Levying war against the King"?' The Attorney-General +was evidently placing a gloss on them, which was perhaps justified from +a wider point of view than a merely legal one. However that may be, the +same process was continued till it culminated in the theory of +'constructive treason,' according to which it was laid down in 1794 that +a man who intended to depose the King compassed and imagined his death. +The matter was eventually decided in 1795 by a statute which made such +an intent and others of the same kind treason of themselves. See further +Stephen's _History of Criminal Law_, vol. ii. pp. 243-283. + +[23] He had been twice sent to the Tower: once in 1674 in consequence of +the discovery of a secret correspondence with Holland; once in 1681 on a +false charge by Edward Fitzharris of writing the _True Englishman_, a +pamphlet advocating the deposition of Charles II. and the exclusion of +the Duke of York, which was in fact written by Fitzharris, it is +suggested with the purpose of imputing its authorship to the Whigs. It +is no doubt the second of these occasions that is referred to. + +[24] Burnet had at this time retired into private life, having lost the +Court favour which he had gained at an earlier period. He had been an +intimate friend of Stafford, and was living on terms of the closest +intimacy with Essex and Russell at the time of their arrest. After +Russell's execution he left the country, and eventually found his way to +the Hague just before the Revolution, where he performed services for +William and Mary requiring the utmost degree of confidence. He landed at +Torbay with William, soon became Bishop of Salisbury, and until the end +of William's life remained one of his most trusted councillors. He +retained a position of great influence under Anne, and died in 1715. In +relation to his evidence in this case, it is interesting to read in his +history that Russell was privy to a plot for promoting a rebellion in +the country and for bringing in the Scotch. He says further: 'Lord +Russell desired that his counsel might be heard to this point of seizing +the guards; but that was denied unless he would confess the fact, and he +would not do that, because as the witnesses had sworn it, it was false. +He once intended to have related the whole fact just as it was; but his +counsel advised him against it'; in fact Russell admitted that he knew +of a traitorous plot, and did not reveal it. 'He was a man of so much +candour that he spoke little as to the fact; for since he was advised +not to tell the whole truth, he could not speak against that which he +knew to be true, though in some particulars it had been carried beyond +the truth.' See too _post_, p. 55. + +[25] John Tillotson (1630-1694) was the son of a weaver of Sowerby. He +entered Clare Hall in 1647, and became a a fellow of the same college in +1651. He received an early bias against Puritanism from Chillingworth's +_Religion of Protestants_, and his intercourse with Cudworth and others +at Cambridge. He became tutor to the son of Prideaux, Cromwell's +Attorney-General in 1656; he was present at the Savoy Conference in +1661, and remained identified with the Puritans till the passing of the +Act of Uniformity in 1662; afterwards he became curate of Cheshunt in +Hertfordshire and rector of Keddington in Suffolk. In 1664 he was known +as a celebrated preacher, and was appointed preacher in Lincoln's Inn. +In 1678 and 1680 he preached sermons to the House of Commons and the +King respectively, exhorting the former to legislation against Popery, +and pointing out to the latter that whilst Catholics should be +tolerated, they should not be allowed to proselytise. He attended +Russell on the scaffold, and with Burnet was summoned before the Council +on a suspicion of having helped to compose Russell's published speech. +He acquired great influence after the Revolution; and having exercised +the archiepiscopal jurisdiction of the province of Canterbury during +Sancroft's suspension, became himself archbishop in 1691. + +[26] Henry Brooke, the eighth Lord Cobham, after losing Court favour on +the death of Elizabeth, was accused in 1603 of plotting with Aremberg, +the Spanish ambassador, to place Arabella Stuart on the throne, and to +kill the King. His evidence contributed largely to the conviction of Sir +Walter Raleigh of the same treason, and he was tried and convicted the +next day. He was kept in prison till 1617, when he was allowed to go to +Bath on condition that he returned to prison; but he was struck by +paralysis on his way back and died in 1619. See vol. i. pp. 19-57. + +[27] Oliver Plunket (1629-1681) was Roman Catholic bishop of Armagh and +titular primate of Ireland. He attained these positions in 1669; in 1674 +he went into hiding when the position of the Catholics in England drew +attention to their presence in Ireland. He was arrested, on a charge of +complicity with the Popish Plot in 1678, and eventually tried in the +King's Bench for treason in 1681 by Sir Francis Pemberton, when the law +was laid down as stated above. He was convicted, hung, beheaded and +quartered. + +[28] Rumsey says the 19th, Howard the 17th. The 17th was the anniversary +of the Queen's accession. + +[29] Thomas Walcot and William Hone, tried for and convicted of +participation in the Rye House Plot. + +[30] See _ante_, p. 42. + + + + +THE EARL OF WARWICK + + + March 28, 1699. About eleven of the clock the Lords came from + their own house into the court erected in Westminster hall, for + the trials of Edward, earl of Warwick and Holland, and Charles + lord Mohun[31], in the manner following. The lord high + steward's gentleman attendants, two and two. The clerks of the + House of Lords, with two clerks of the crown in the Courts of + Chancery and King's Bench. The masters of Chancery, two and + two. Then the judges. The peers' eldest sons, and peers minors, + two and two. Four serjeants at arms with their maces, two and + two. The yeoman usher of the house. Then the peers, two and + two, beginning with the youngest barons. Then four serjeants at + arms with their maces. Then one of the heralds, attending in + the room of Garter, who by reason of his infirmity, could not + be present. And the gentleman usher of the Black Rod, carrying + the white staff before the lord high steward. Then the lord + chancellor, the lord high steward, of England, alone. + + When the lords were seated on their proper benches, and the + lord high steward on the wool-pack; the two clerks of the crown + in the courts of Chancery and King's Bench, standing before the + clerk's table with their faces towards the state; + + The clerk of the crown in Chancery having his majesty's + commission to the lord high steward in his hands, made three + reverences towards the lord high steward, and the clerk of the + crown in Chancery on his knees presented the commission to the + lord high steward, who delivered it to the clerk of the crown + in the King's bench (then likewise kneeling before his grace) + in order to be opened and read; and then the two clerks of the + crown making three reverences, went down to the table; and the + clerk of the crown in the King's Bench commanded the serjeant + at arms to make proclamation of silence; which he did in this + manner. + + SERJEANT-AT-ARMS--O yes, O yes, O yes, My lord high steward his + grace does straitly charge and command all manner of persons + here present, to keep silence, and hear the king's majesty's + commission to his grace my lord high steward of England + directed, openly read, upon pain of imprisonment. + +Then the lord high steward[32] asked the peers to be pleased to stand +up uncovered, while the King's commission was read. And the peers stood +up, uncovered, and the King's commission was read in Latin, by which it +was set out that the Grand Jury of the County of Middlesex had found a +true bill of murder against the Earl of Warwick and Lord Mohun, which +the peers were commissioned to try. Proclamation that all persons there +present should be uncovered, was then made, and the return of +_certiorari_, bringing the indictment before the House of Lords, was +read in Latin. + +Order was then made that the judges might be covered, and the governor +of the tower was ordered to produce the earl of Warwick; and he was +brought to the bar by the deputy-governor, having the axe carried before +him by the gentleman gaoler, who stood with it at the bar, on the right +hand of the prisoner, turning the edge from him. + +The lord high steward then informed the prisoner that he had been +indicted of murder by the Grand Jury for the county of Middlesex, on +which indictment he would now be tried; and proceeded-- + + Your lordship is called to answer this charge before the whole + body of the house of peers as assembled in parliament. It is a + great misfortune to be accused of so heinous an offence, and it + is an addition to that misfortune, to be brought to answer as a + criminal before such an assembly, in defence of your estate, + your life, and honour. But it ought to be a support to your + mind, sufficient to keep you from sinking under the weight of + such an accusation, that you are to be tried before so noble, + discerning, and equal judges, that nothing but your guilt can + hurt you. No evidence will be received, but what is warranted + by law; no weight will be laid upon that evidence, but what is + agreeable to justice; no advantage will be taken of your + lordship's little experience in proceedings of this nature; nor + will it turn to your prejudice, that you have not the + assistance of counsel in your defence, as to the fact (which + cannot be allowed by law), and their lordships have already + assigned you counsel if any matter of law should arise. + +After a little more to the same effect the indictment was read, first in +Latin, then in English, and the earl of Warwick pleaded Not Guilty. + +The indictment was then opened by Serjeant Wright,[33] to the effect +that the prisoner was accused of murdering Richard Coote on the 30th of +October, by stabbing him, together with Lord Mohun, Richard French, +Roger James, and George Dockwra. + +The _Attorney-General_[34] then opened the case, as follows:-- + + ATTORNEY-GENERAL--May it please your lordships, I am of counsel + in this cause for the king against this noble lord, Edward earl + of Warwick and Holland, the prisoner at the bar, who stands + indicted by the grand jury of the County of Middlesex, has been + arraigned, and is now to be tried before your lordships for the + felonious killing and murdering of Mr. Coote, in the indictment + named; the evidence to make good this charge against this noble + lord, it comes to my turn to open to your lordships. + + My lords, the case, as to the fact, according to my + instructions, is this: Upon Saturday, the 29th of October last, + at night, my lord of Warwick, my lord Mohun, Mr. French, Mr. + Dockwra, and Mr. Coote, the unfortunate gentleman who was + killed, met together at one Locket's who kept the + Greyhound-tavern in the Strand, and there they staid till it + was very late; about twelve of the clock at night, or + thereabouts, a messenger was sent by the company to fetch + another gentleman, Mr. James; and Mr. James coming to them, in + what condition your lordships will be told by the witnesses; + about one of the clock in the morning, on Sunday, the 30th of + October, they all came down out of the room where they had been + so late, to the bar of the house, and there, as the witnesses + will tell your lordships, swords were drawn, and the chairs + were called for, and two chairs which were nearest at hand + came, and two of the company went into those chairs; who they + were, and what past at that time, the witnesses will tell your + lordships; those that got into those chairs came out again, and + more chairs were called for. But I must acquaint your + lordships, that my lord Mohun, when the two gentlemen that went + into the chairs ordered the chairmen to take them up, and carry + them away, spoke to them to stop and go no further, for there + should be no quarreling that night, and that he would send for + the guards and secure them, and after this they came out of the + chairs again; it will appear there were swords drawn amongst + all of them, and some wounds given: more chairs being called + for, and brought, this noble lord that is here at the bar, my + lord of Warwick, my lord Mohun, and the other four gentlemen, + went all into the chairs, and gave the chairmen directions, + whither they should carry them, at leastwise the foremost had + directions given them, and the rest were to follow them; it was + a very dark night, but at last they came all to + Leicester-square; and they were set down a little on this side + the rails of the square, and when the chairmen had set them + down they went away; but immediately some of them heard my + lord of Warwick calling for a chair again, who came towards the + rails, and there they found two of the gentlemen, that had been + carried in some of the other chairs, holding up Mr. Coote + between them, and would have had the chairmen carried him away + to a surgeon's, but they found he was dying, and so would not + meddle with him; afterwards my lord of Warwick and Mr. French + were carried by two of the chairs to Mr. Amy's, the surgeon at + the Bagnio in Long-acre, where Mr. French being wounded, was + taken care of particularly by the recommendation of my lord of + Warwick, and the master of the house was called up, it being + very late; Mr. Coote's sword was brought to that place, but by + whom it was brought we cannot exactly say. While my lord of + Warwick and captain French were there, and my lord of Warwick + had given orders for the denying of himself, and forbid the + opening of the door, there came the other two gentlemen, Mr. + James and Mr. Dockwra, and upon their knocking at the door they + were let in by my lord's order, after he had discovered who + they were, looking through the wicket. Mr. James had his sword + drawn, but it was broken. My lord of Warwick's hand was + slightly wounded, and his sword bloody up to the hilt when he + came in, as will be proved by the testimony of the servants in + the House. There was a discourse between my lord, Mr. James and + Mr. Dockwra, about going into the country; but before they + went, the swords were all called for to be brought to them, and + upon enquiry, there was no blood found upon Mr. French's sword, + but a great deal upon my lord of Warwick's, of which great + notice was taken at that time. Mr. Coote, who was killed, had + received one wound in the left side of his breast, half an + inch wide, and five deep, near the collar bone; he had likewise + another wound upon the left side of his body; both which your + lordships will hear, in the judgment of the surgeon, were + mortal wounds, and the evidence will declare the nature of + them. + + My lords, the evidence does chiefly consist of, and depend on + circumstances, the fact being done in the night, and none but + the parties concerned being present at it; we shall lay the + evidence before your lordships, as it is, for your judgment, + and call what witnesses we have on behalf of the king, against + this noble peer the prisoner at the bar, and take up your + lordships' time no further in opening; and we shall begin with + Samuel Cawthorne; he is a drawer at the tavern where those + lords and gentlemen were together, and he will give you an + account of the time they came there, how long they staid, what + happened in the house during their being there, and what time + they went away. + + LORD HIGH STEWARD--Give him his oath. (Which the clerk did.) + + ATTORNEY-GENERAL--My lords, I doubt the witness is so far off, + that it will be difficult for him to hear the questions that we + are to ask him, unless we could have him nearer to us. + + LORD HIGH STEWARD--Mr. Attorney, my lords seem to be of opinion + that it will be more for your advantage and theirs that the + witnesses stand at the distance they do; which will oblige you + to raise your voice so loud, that they may hear the witnesses + and you too. + + ATTORNEY-GENERAL--Is your name Samuel Cawthorne? + + CAWTHORNE--Yes, my lord. + + ATTORNEY-GENERAL--Where do you live? + + CAWTHORNE--With Mr. Locket at Charing-cross. + + ATTORNEY-GENERAL--Did you live with him at the Greyhound tavern + in the Strand the latter end of October last? + + CAWTHORNE--Yes, I did. + + ATTORNEY-GENERAL--Well, pray will you acquaint my lords with + the time when my lord of Warwick, my lord Mohun, and Mr. Coote + were at that house, how long they stayed, what happened while + they were there, and when they went away? + + CAWTHORNE--It was Saturday night, the 29th of October last. + + ATTORNEY-GENERAL--Pray tell my lords the whole of your + knowledge in the matter. + + CAWTHORNE--There came my lord of Warwick, my lord Mohun, + captain Coote, capt. French, and captain Dockwra, the 29th of + October last, in the evening, to my master's house at the + Greyhound tavern in the Strand. + + ATTORNEY-GENERAL--How long were they there, and what time of + night came they in? + + CAWTHORNE--About 8 o'clock at night, my lord Warwick, my lord + Mohun, capt. French, and capt. Coote, came in. + + ATTORNEY-GENERAL--What day do you say it was? + + CAWTHORNE--Saturday, the 29th of October last. + + ATTORNEY-GENERAL--How long did they continue there? + + CAWTHORNE--It was between one and two the next morning before + they went away. + + ATTORNEY-GENERAL--Was any body sent for to come to them there? + + CAWTHORNE--Yes, Mr. James. + + ATTORNEY-GENERAL--What time was that? + + CAWTHORNE--About twelve of the clock. + + ATTORNEY-GENERAL--Did he stay with them till they went away? + + CAWTHORNE--Yes. + + ATTORNEY-GENERAL--What did you observe pass in the company + while they were there? + + CAWTHORNE--I did not observe any thing of quarrel, not so much + as an angry word amongst them, till they came down to the bar + and were going away; when they came down to the bar they + ordered me to call them chairs, or coaches; and there were no + coaches to be had, and so I went for chairs, and two chairs + came; for the porter that went to call the coaches was a great + while before he came back; and, as I said, I going for chairs, + there came two; but that they said was not enough; so more + chairs were called for, and at length there were more chairs + gotten; in the first three chairs, my lord of Warwick, my lord + Mohun, and captain Coote went away in; and my lord Warwick and + my lord Mohun bid the chairmen carry them home. + + ATTORNEY-GENERAL--Were there then any other chairs at the door? + + CAWTHORNE--There were two more chairs at the door, and another + was called for. + + ATTORNEY-GENERAL--Did you hear any directions given where they + should carry them? + + CAWTHORNE--My lord Warwick and my lord Mohun bid them carry + them home. + + ATTORNEY-GENERAL--Did you hear my lord Warwick or my lord Mohun + particularly, and which, say whither they would be carried? + + CAWTHORNE--I did hear my lord Mohun say, captain Coote should + go and lie with him, or he would go and lie with capt. Coote + that night, for there should be no quarrelling. + + ATTORNEY-GENERAL--Did they upon that go away? + + CAWTHORNE--Mr. French and Mr. Coote were in chairs before my + lord Mohun or my lord Warwick, or any of the rest. + + ATTORNEY-GENERAL--What then happened upon their going into the + chairs? + + CAWTHORNE--My lord Mohun came out to them and swore there + should be no quarrel that night, but he would send for the + guards and secure them. + + ATTORNEY-GENERAL--What happened then? + + CAWTHORNE--Upon that, both of them came out of their chairs and + came into the house, and there they came to the bar three of + them in the passage by the bar, and three of them behind that + passage. + + ATTORNEY-GENERAL--Pray, will you tell what did really pass + throughout the whole transaction? What was done after they came + in again into the house? + + CAWTHORNE--After that, I was bid to call for six chairs, if I + could get no coaches, and so I did; and when I had brought what + chairs I could get, and returned to the bar I heard the swords + clash; when the swords were drawn I cannot say, nor by whom, it + might be by all the six, for aught I know, because I was in the + street to call the chairs, and when I came back to the house, I + was in hopes all had been quieted, for their swords were + putting up: and when they went away in the chairs, I did hope + they went away friendly. + + ATTORNEY-GENERAL--Pray, how did they go away? who went + together? + + CAWTHORNE--My lord of Warwick, my lord Mohun, and captain + Coote went in the first three chairs, them three together, and + bid the chairmen go home; the sixth chair was not then come. + + ATTORNEY-GENERAL--When that chair came, pray what directions + were given to it? + + CAWTHORNE--I did not hear them give the chairmen any directions + at all. + + ATTORNEY-GENERAL--Do you know any thing more that was done + after this time? + + CAWTHORNE--No, my lord, not after they went away; after I + returned with the chairs, it was in two minutes' time that they + went away. + + ATTORNEY-GENERAL--My lords, I suppose he knows no more of the + matter. + + LORD HIGH STEWARD--Will you then ask him no more questions, Mr. + Attorney? + + ATTORNEY-GENERAL--No, my lords, unless this noble lord shall + ask him any questions, upon which we shall have occasion to + examine him. + + LORD HIGH STEWARD--My lord, has your lordship any questions to + ask this witness? For now is your time, the king's counsel + having done examining him. + + EARL OF WARWICK--I desire to ask him, whether I did not bid the + chairmen go home? + + LORD HIGH STEWARD--If your lordship please to propose your + question to me, I will require an answer to it from the + witness, and it will be the better heard by my lords. + + EARL OF WARWICK--My lord, I desire to know of this man, + whether, when I went away in the chair from his master's house + I did not bid the chairmen go home? + + LORD HIGH STEWARD--Witness, you hear my lord's question, what + say you to it? + + CAWTHORNE--Yes; my lord of Warwick did bid the chairmen go + home. + + EARL OF WARWICK--My lord, I have another question to ask him. + Whether he knows of any quarrel there was between me and Mr. + Coote at that time, or any other time; because we both used to + frequent that house? + + CAWTHORNE--No, my lords, I never heard any angry words between + my lord Warwick and Mr. Coote in my life. + + [Then the lords towards the upper end of the House complaining + that they did not hear his Grace, the Lord High Steward was + pleased to repeat the question thus:] + + LORD HIGH STEWARD--When my lord of Warwick bid the chairmen go + home, or at any other time, did you observe that there had been + any quarrel between his lordship and Mr. Coote? + + EARL OF WARWICK--My lord, I desire he may be asked, since we + both used that house, Whether that night, when I went away, or + before or after, I had any quarrel with Mr. Coote? + + LORD HIGH STEWARD--The question my lord desires you, that are + the witness, to answer, is, Whether you did hear any + quarrelling or angry words to pass between my lord Warwick and + Mr. Coote that night before or after they came down, or when + they went away, or at any other time? + + CAWTHORNE--No, my lord, I never heard any angry words pass + between them then, nor ever at any time before in all my life, + but I always looked upon them to be very good friends. + + EARL OF WARWICK--I desire he may be asked, Whether Mr. Coote + did not come to that house in my company, and whether he did + not frequently come to that house? + + CAWTHORNE--Yes; they used to be there every day almost, and + they came that night together in company. + + EARL OF WARWICK--I desire he may be asked, whether I have not + been frequently in his company there? + + CAWTHORNE--Yes; I say very frequently, every day almost, + sometimes twice a-day. + + LORD HIGH STEWARD--Would your lordship ask him any other + question? + + EARL OF WARWICK--My lord, I desire he may be asked this + question, whether he knows of any particular kindness between + Mr. Coote and me? + + LORD HIGH STEWARD--Do you know of any particular kindness + between my lord Warwick and Mr. Coote, the gentleman that was + killed? + + CAWTHORNE--Yes, my lord, there was always a great kindness + between them, as I observed: it ever was so, and I never heard + angry words pass between them, but they were very good friends + constantly; I waited upon them generally when they were at my + master's house, which was every day almost. + + EARL OF WARWICK--I desire to know of this witness, whether he + does not remember, or can name, some particular kindnesses that + passed between Mr. Coote and me? + + LORD HIGH STEWARD--Can you specify any particular instances of + kindness that passed between my lord Warwick and Mr. Coote? + + CAWTHORNE--Yes; my lord of Warwick used generally to pay the + reckoning for Mr. Coote, and he did so at this time. + + EARL OF WARWICK--My lord, I desire he may be asked, between + whom he apprehended the quarrel to be at this time? + + LORD HIGH STEWARD--You say, friend, there were swords drawn and + a quarrelling at the bar; can you tell between whom the quarrel + was? + + CAWTHORNE--My lord Warwick, my lord Mohun, and capt. Coote, + were all on one side, and the other three were on the other + side. + + EARL OF WARWICK--Who were the two persons that it was + apprehended the quarrel was between? I desire he may be asked. + + LORD HIGH STEWARD--You say, there were three on the one side, + and three on the other; pray, between whom did you apprehend + the quarrel to be? + + CAWTHORNE--I believe the quarrel was between Mr. Coote and Mr. + French. + + EARL OF WARWICK--My lord, I desire to know of this witness, + what words he heard Mr. Coote say after he and Mr. French + returned into the house and came out of the chairs. + + LORD HIGH STEWARD--What do you say to the question my lord + proposes? + + CAWTHORNE--I heard Mr. Coote say, he would laugh when he + pleased, and he would frown when he pleased, God damn him. + + EARL OF WARWICK--My lord, I desire to know, who he thinks those + words were addressed to? + + LORD HIGH STEWARD--To whom did Mr. Coote speak these words? + + CAWTHORNE--Whether he spoke them particularly to Mr. French or + to the other two gentlemen who were on the other side of the + bar, I cannot directly tell. + + EARL OF WARWICK--I desire to know of him, whether Mr. Coote was + not one of the three that was on the outside of the bar? + + CAWTHORNE--Yes, my lord of Warwick, my lord Mohun, and capt. + Coote, were of the outside of the bar. + + EARL OF WARWICK--Was capt. Coote with me in the beginning of + the night at that house? + + CAWTHORNE--Yes, he came at the beginning of the night with my + lord of Warwick. + + EARL OF PETERBOROUGH--My lords, I desire to ask this witness + one question. + + LORD HIGH STEWARD--I think it is proper, my lords, in point of + method, to let both sides have done before any questions be + asked by any of my noble lords. + + EARL OF PETERBOROUGH--I did apprehend my lord of Warwick had + done. + + LORD HIGH STEWARD--No, my lord, not as yet; pray, my lord of + Warwick, what other questions has your lordship to ask of this + witness? + + EARL OF WARWICK--My lord, I desire he may be asked particularly + this question, whether he perceived any quarrel particularly + between me and capt. Coote when we went out of the house? + + LORD HIGH STEWARD--You hear the question, did you perceive any + quarrel between my lord Warwick and Mr. Coote before they went + out of the house? + + CAWTHORNE--No, I did not; nor ever saw any quarrel between them + in my life. + + EARL OF WARWICK--I desire to know who paid the reckoning that + night? + + CAWTHORNE--The reckoning was called for before I came in to + take it; and though I think my lord of Warwick paid for Mr. + Coote, yet I cannot so directly tell, because it was collected + before I came into the room to receive it. + + LORD HIGH STEWARD--My lord, have you any thing more to ask this + witness? + + EARL OF WARWICK--No, my lord, at present, that I think of. + + LORD HIGH STEWARD--My lord Peterborough, your lordship desired + to ask a question, will you please to propose it now? + +The Earl of Peterborough reminded the witness that he had said that +there were two sides, and that Coote and Lord Warwick were on the same +side. He asked what Cawthorne meant by this, and he explained that all +six had their swords drawn; that Mohun, Warwick, and Coote were on one +side of the bar, and the three captains, James, French, and Dockwra on +the other: the cause of quarrel must have occurred above stairs, but he +heard nothing pass between them. + + LORD HIGH STEWARD--But you have not given a satisfactory answer + to that question which the noble lord, my lord Peterborough, + asked you, What reason you had to apprehend that the noble lord + the prisoner at the bar, and capt. Coote were of a side? + + CAWTHORNE--My lord Mohun came to the chairside, when capt. + Coote and capt. French were got into the two first chairs, and + told capt. Coote, that there should be no quarrel that night + but that they three, my lord Warwick, my lord Mohun, and he, + should go home together; and I took them three to be of a side, + because they were on the outside of the bar together; and when + they all went away, their three chairs went away first, all + three together. + + LORD HIGH STEWARD--Is that all the reason you can give why you + say, they were three and three of a side? + + CAWTHORNE--Yes, my lord, I did apprehend it so. + + ATTORNEY-GENERAL--If my noble lords have done with their + questions I desire to ask this witness another question; my + lords, I think this person says, that there was a quarrel at + the bar of the house, and swords drawn, and as he apprehended, + three were on the one side, and three on the other; but if I + take him right, I do not see that he has given your lordships + any manner of satisfaction, what reason he had to apprehend + there were three and three of a side; or, which will be very + material in this case, if your lordships can get to the + knowledge of it, which three were on the one side, and which + three were on the other; or indeed, whether there were three + and three of a side, as your lordships will have reason + by-and-bye to enquire a little further into that matter. My + lords, I desire he may be asked this plain question, What words + or other passages he did perceive, that made him apprehend + there was a quarrel between them, and they were three and three + of a side? + + CAWTHORNE--I apprehended it from the words that Mr. Coote said, + That he would laugh when he pleased, and frown when he pleased. + + ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked, who + those words were spoken to, and who they were applied to? + + CAWTHORNE--They were spoke to Mr. James, Mr. French, and Mr. + Dockwra, who were within side of the bar. + + ATTORNEY-GENERAL--Did he apply those words to all those + particular persons? + + CAWTHORNE--Yes, as I thought, for they three were within the + bar; my lord Warwick, my lord Mohun, and Mr. Coote, were + without the bar. + + ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked this + question. Was that before the swords were drawn, or afterwards? + + CAWTHORNE--It was before. + + ATTORNEY-GENERAL--Then I desire he may be asked, whether the + swords were drawn upon those words? + + CAWTHORNE--No, my lord; the time of drawing the swords was when + I went out to call chairs and coaches; and I know not who drew + the swords first, or when they were drawn; but when I came back + I found them all drawn, and I heard them clashing. + + ATTORNEY-GENERAL--Upon the oath you have taken, was those words + that you speak of Mr. Coote's that he would laugh when he + pleased, and frown when he pleased, before the swords were + drawn, or after the swords were drawn? + + CAWTHORNE--Before the swords were drawn; for I did not see the + swords drawn till I came back. + +In answer to Lord Wharton, the witness said that Mohun and Warwick had +threatened to send for a file of musketeers, and Mohun had done all he +could to pacify the quarrellers, and he 'particularly had his finger +pricked with endeavouring to cross their swords, and keeping them from +fighting; which was all he got from it.' His hand was bloody; but the +witness did not see him hurt, as he was outside at the time. He +received their reckoning just before they came down to the bar and +stayed there two or three minutes afterwards. It was after Coote came +out of his chair that he heard him speak the words he had deposed to; no +reply was made to them. Mohun, Warwick, and James had all tried to stop +the quarrel and threatened to send for the guard; this was before the +swords were drawn downstairs. + + ATTORNEY-GENERAL--Pray, my lord, let him be asked this + question, Was it after they were three on the one side, and + three on the other, that my lord Mohun and my lord Warwick + spoke those words? + + CAWTHORNE--I apprehend the words were spoke by Mr. Coote, That + he would laugh when he pleased, and frown when he pleased, + before the swords were drawn. + + LORD HIGH STEWARD--But that which my lords desire to know is, + What the time was when my lord Warwick and my lord Mohun + declared their desire to part them and make them friends; + whether before or after the swords drawn? + + CAWTHORNE--Before and after; for I was absent when the swords + were drawn. + + EARL RIVERS--He says, that after my lord Mohun and my lord + Warwick threatened to send for the musqueteers, they promised + to be quiet. I desire to know who he means by they? + + CAWTHORNE--Mr. James called to me, and said, I need not go and + call for the guards, for the quarrel was over. There is one + thing more that I forgot, my lord: After my lord Mohun and my + lord Warwick were gone away in their chairs, and Mr. Coote, I + heard Mr. Dockwra say to capt. James and capt. French, they did + not care a farthing for them, they would fight them at any + time. + + LORD HIGH STEWARD--Who were together then? + + CAWTHORNE--Capt. James, Mr. French, and Mr. Dockwra, after my + lord Mohun and my lord Warwick were gone with capt. Coote. + + LORD HIGH STEWARD--Then Mr. French was with them? Mr. Dockwra + said so? + + CAWTHORNE--Yes, my lord. + + LORD WHARTON--If I apprehend him aright, as to what he says + now, my lord of Warwick, my lord Mohun, and capt. Coote, were + gone away at that time. + + CAWTHORNE--Yes, they were gone away in the three first chairs, + which my lord Mohun bid go home. + + LORD WHARTON--Who does he say spoke those words? + + LORD HIGH STEWARD--You hear my noble lord's question, who spoke + those words? Repeat them again. + + CAWTHORNE--When my lord Warwick, my lord Mohun, and capt. + Coote, were gone, I heard Mr. Dockwra say to Mr. French and Mr. + James, We don't care a farthing for them, we will fight them at + any time. + + ATTORNEY-GENERAL--I desire to know, whether this witness + testified any thing of this matter when he was examined before + the coroner? + + CAWTHORNE--No; I forgot those words when I was examined before + the coroner. + + ATTORNEY-GENERAL--How soon after your examination did you + recollect yourself as to what you now speak? + + CAWTHORNE--The next day after. + +He had not mentioned the words he now said were spoken by Dockwra either +at the inquest or at the trial at the Old Bailey. + + +_Thomas Browne was sworn._ + + LORD HIGH STEWARD--What question do you ask this witness, Mr. + Attorney? + + ATTORNEY-GENERAL--That he would acquaint your lordships, + whether he carried Mr. Richard Coote, the person that was + slain, upon the 29th or 30th of October, from the Greyhound + tavern in the Strand, and to what place he carried him? + + LORD HIGH STEWARD--You hear the question; pray speak so loud + that my lords may all hear what you say. + + BROWNE--My Lords, I was between the hours of one and two in the + morning, on Sunday the 30th of October last, with my fellows + and our chair, at the Buffler's Head Tavern at Charing-cross, + and I heard some people at Locket's, at the Greyhound in the + Strand, calling coach coach, a pretty while; but there were no + coaches in the street, nor that came to them; when they could + not get coaches then they called out for chairs; and we coming + to the door with our chair, there were four other chairs there, + and six gentlemen stood in the passage; and then it was said, + there was not chairs enough, and there wanted one more, and + they stood discoursing; and the first man came into my chair, + who was capt. Coote, and my lord of Warwick he got into + another; When the door of the chair was shut up, we asked + whither we should go; but my lord Mohun came and bid open the + chair again; and we did so, and he returned into the house, and + there was some discourse between them standing at the bar in + the entry. Mr. Coote came out again and came into my chair, and + my lord Mohun and my lord of Warwick went into two others; Mr. + Coote bid me carry him into Leicester fields, and to make all + the haste I could; my lord of Warwick and my lord Mohun being + in the next chairs, asked him, Whither are you a-going, and + called out twice, and he said, To Leicester fields; pray do + not, says my lord of Warwick, but come along with us, and let + it alone till to-morrow; but he bid us go on; and as we were + turning up St. Martin's Lane, by the Cross Keys tavern, my lord + Mohun, and my lord Warwick called out to us to stop, and their + chairs came up to the back door of the Cross Keys tavern, and + there all the three chairs were set on a-breast in St. Martin's + Lane, and while they were talking together, there came by three + chairs on the other side of the way; and Mr. Coote bid us take + up and make all the haste we could to get before them into + Leicester fields, so taking up the chair again, Mr. Coote bid + us make haste, and if we could go no faster, he swore, damn + him, he would run his sword in one of our bodies: There were + two chairs before me, and my lord Mohun and my lord Warwick + followed in two chairs after me; and when we came to the corner + of Leicester fields, at Green street end, all the three chairs + were set down a-breast again, and Mr. Coote put his hand in his + pocket, and took out half a guinea to pay, and said he had no + silver; and my lord of Warwick spoke to my lord Mohun, who + took out three shillings out of his pocket, who said, there was + for my lord Warwick, captain Coote, and himself; and when they + were gone out, I took my box and my pipe, and filled my pipe, + and took the lanthorn and lighted it, and by that time I had + lighted my pipe, I heard a calling out, Chair, chair, again, + towards the upper end of the square; so I took my chair, and + there was one of the chairs that was not gone; and so we came + up to the upper end of the fields, and they called to us to + bring the chairs over the rails; we told them we did not know + how to do that, for we should not be able to get them back + again; at last we did get over the rails, and made up close to + the place where we heard the noise, for we could see nothing, + it being a very dark night; and when we came up close to them, + by our lanthorn there were two gentlemen holding up Mr. Coote + under their arms, and crying out, My dear Coote, My dear Coote! + + ATTORNEY-GENERAL--Pray, who were those two gentlemen? + + BROWNE--I did not know them, one was in red cloaths, and the + other had gold lace, and they would have had me have taken Mr. + Coote into my chair; but seeing him bloody, and not able to + help himself, I said I would not spoil my chair, and so would + not meddle with him; but they said they would make me any + satisfaction for my chair, and desired me to take him in; but + he gave himself a spring from them, and we found he was too + heavy for us to lift over the rails, and all we could do could + not make him sit in the chair, but the chair was broken with + endeavouring to place him there; and they said if we would + carry him to a surgeon's, they would give us L100 security; + but we finding it impossible, the watch was called for, but + nobody would come near, for they said it was out of their ward, + and so they would not come anigh me; and I staid about half an + hour with my chair broken, and afterwards I was laid hold upon, + both I and my partner, and we were kept till next night eleven + a-clock; and that is all the satisfaction that I have had for + my chair and every thing. + + ATTORNEY-GENERAL--Pray, my lord, I desire he may recollect + himself; for we do apprehend it is very material, who it was + that desired to take Mr. Coote into the chair. + + BROWNE--I cannot tell who they were, it was so very dark I + could only see their cloaths. + + ATTORNEY-GENERAL--Did you see the earl of Warwick there? + + BROWNE--No, Sir, he was not there; one of them, I tell you, had + officers' cloaths on, red lined with blue, and the other had + gold lace on; there was nobody there that held him up but them + two. + + MARQUIS OF NORMANBY--He says he saw two persons holding up Mr. + Coote; it would be very well to have that matter very well + settled, who those two persons were; I desire to know how he is + sure my lord of Warwick was not one of them two? + + BROWNE--I know my lord of Warwick very well, and I am sure he + was neither of the two. + + DUKE OF LEEDS--I would know what light he had to discern it so + well by, that he can be sure my lord of Warwick was not there; + for he says it was a very dark night, and yet he describes the + particular persons that held Mr. Coote up. + + BROWNE--Yes, my lord, I am sure my lord of Warwick was none of + them. + + DUKE OF LEEDS--How could you distinguish in so dark a night, + the colours of people's cloaths? + + BROWNE--With the candle that I had lighted in my lanthorn. + + DUKE OF LEEDS--He could not know any of the persons unless he + held a lanthorn to their faces, or knew them very well before. + + LORD HIGH STEWARD--My lord Warwick, will your lordship ask this + witness any questions? + + EARL OF WARWICK--My lord, I desire he may be asked, Whether I + did not bid him stop at St. Martin's-lane end, and do all that + I could to hinder Mr. Coote from going any further, but to go + home? + + BROWNE--The earl of Warwick, and my lord Mohun, as they turned + up the lane, asked Mr. Coote, whither he was going? And when he + said to Leicester-fields, they desired him to let it alone till + to-morrow; and my lord Mohun said he should go home with him; + but the other bid us go on, and said he would not go to his + lodgings, but that they would make an end of it that night; + still they called to him again, Dear Coote, let us speak a word + with you; and as the chairs came to the back-door of the + Cross-keys tavern, there they stood all of a breast, and they + both of them spoke to him, and stood a pretty while there, and + in the mean time three chairs passed by on the other side; he + commanded us to take up, and carry him away to Leicester-fields + immediately, and overtake the other chairs, or he would run one + of us into the body. + + LORD HIGH STEWARD--Would your lordship ask him any more + questions? + + EARL OF WARWICK--No, my lord. + + ATTORNEY-GENERAL--My lord, I observe, he says they discoursed + some time together while they stopped in St. Martin's-lane; I + desire that he may be asked, Whether he can tell what that + discourse was? + + BROWNE--I could not well hear, they whispered together, but I + could hear my lord Mohun, and my lord of Warwick, desire capt. + Coote to go home, and let the business alone till another time. + + ATTORNEY-GENERAL--I desire he may explain himself, what that + business was that they would have put off till to-morrow. + + BROWNE--I know not what it was; I heard of no anger betwixt + them, but they were as good friends, for anything I know to the + contrary, as ever they were in their lives or as ever I see any + men. + + ATTORNEY-GENERAL--Our next witness is William Crippes. [Who was + sworn.] + + LORD HIGH STEWARD--What do you ask this man, Mr. Attorney? + + ATTORNEY-GENERAL--Pray, will you give my lords here an account + who you carried to Leicester-fields, the 29th or 30th of + October, and what happened in your knowledge at that time? + + CRIPPES--Captain Coote was the first man that went into the + chair when we came to the Greyhound tavern; afterwards he came + out again, and when we took him up the second time, he was the + first man that set out; and he bid us carry him to + Leicester-fields; and when we came to the corner of St. + Martin's-lane, we turned up that way; and my lord of Warwick, + and my lord Mohun, called to us, being in chairs behind, to + know whither we were going, and desired to speak with captain + Coote; and he said he was going to Leicester-fields; and when + they asked, what to do? He said, to end the business: they + desired him to put it off till to-morrow; and while they were + discoursing about it in St. Martin's-lane, there passed by + other three chairs, which, when captain Coote saw, he bid us + take up and overtake them, and go faster, or he would run one + of us into the body: so we went on, and at the lower end of + Leicester-fields we set him down; and the other two gentlemen, + my lord Warwick and my lord Mohun, were there set down, and + went lovingly together, for any thing that I saw, up the + pavement of the square, towards the upper end; and in a little + time we heard a noise of calling for chairs towards the upper + end, and when we came there with the chair, we were bid to lift + over the chair within the rails; and when we said it was hard + to be done, they insisted upon it, and we did come in; and when + we came there we saw two gentlemen holding up captain Coote, + and would have had us taken him into the chair; we saw there + was a great deal of blood, but I never heard how it came, and + they would have had us carried him to a French surgeon's, and + proffered any money. + + ATTORNEY-GENERAL--My lord, I desire to know, who they were that + desired him to be carried to the surgeon? + + LORD HIGH STEWARD--You hear the question, what say you? + + CRIPPES--I cannot tell, my lord; one of them had something of + lace upon him, but it was so dark that I could hardly see my + hand, and therefore I cannot tell who they were; and when there + was an objection made, that the chairs would be spoiled, they + said we need not question our chair, they would give us L100 + security to answer any damages, if we would but carry him; so + we endeavoured to put him into the chair, but could not; and + so we called out to the watch, to have had some help; but they + said it was none of their ward, and so they would not come to + us; so the gentlemen went away, and we left them, and went and + called a surgeon, who, when he came, said, he was a dead man, + and we were secured till the next day. + + ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked, Were + there not other chairs in that place at the time? + + CRIPPES--There was one in the Field besides, and no more that I + could see; they all went away but us two. + + ATTORNEY-GENERAL--What distance of time was there between their + setting down in Leicester-fields, and their calling the chairs + again? + + CRIPPES--Not a quarter of an hour. + + ATTORNEY-GENERAL--What became of the three chairs that passed + by you in St. Martin's-lane? + + CRIPPES--They got before us; but what became of them afterwards + I cannot tell. + + ATTORNEY-GENERAL--Did they come from the same place, the tavern + in the Strand that you were at? + + CRIPPES--Yes, I believe they did, my lord; for capt Coote bid + us follow them, and threatened us if we did not make greater + haste. + + ATTORNEY--GENERAL--Do you know my lord of Warwick? + + CRIPPES--Yes, he had whitish cloaths on; and none but he had + such clothes on as those were. + + LORD HIGH STEWARD--Will your lordship ask this witness any + questions? + + EARL OF WARWICK--My lord, I desire he may be asked, Whether I + did not bid him stop? and, whether I did not say, they should + not go to quarrel that night? + + ATTORNEY-GENERAL--My lord, I desire to know of him, directly + and downright, Whether my lord of Warwick was not one of them + that held him when he was within the rails of the fields? + + CRIPPES--No, he was not; he was neither of them; for the one of + them was too big for him, and the other was too little for my + lord Mohun. + + ATTORNEY-GENERAL--Now we call the chairman that carried the + earl of Warwick into Leicester-fields, James Crattle. + + (He was sworn.) + + ATTORNEY-GENERAL--Will you tell my lords what you know of any + person that you carried the 29th or 30th of October last, from + the Greyhound tavern in the Strand, and who it was, and whither + you carried him? + + CRATTLE--I was going along Charing-cross, between one and two + in the morning, the 30th of October, last, and I heard a chair + called for at Locket's at the Dog tavern; and thither I and my + partner went, and we took up the gentleman, and carried him to + Leicester-fields. + + ATTORNEY-GENERAL--Who was that gentleman? + + CRATTLE--It was my lord of Warwick. + + ATTORNEY-GENERAL--What time of night do you say it was? + + CRATTLE--It was about one or two in the morning. + + ATTORNEY-GENERAL--What day of the week was it? + + CRATTLE--It was Saturday night and Sunday morning. + + ATTORNEY-GENERAL--Whither did you carry him? + + CRATTLE--Into Green-street, towards the lower end of + Leicester-square. + + ATTORNEY-GENERAL--What chairs were there more there? + + CRATTLE--There was one that captain Coote was in, and another + that my lord Mohun was in, and we went away all together. + + ATTORNEY-GENERAL--Were there no other chairs? + + CRATTLE--I did not know who went in the other chairs, but there + were three other chairs that passed by us at St Martin's-lane, + and we followed after them to Leicester-fields. + + ATTORNEY-GENERAL--Pray what became of you after you had set + down your fare? + + CRATTLE--We were discharged and paid; the other three went up + towards my lord of Leicester's; but we were coming away, and in + a little time we heard the noise of calling chairs! chairs! + again, and there were two chairs did come up, Thomas Browne's + and ours; my lord of Warwick called our chair, and we took him + into it, and he bid us carry him to the Bagnio in Long-acre; + and when we came there we knocked at the door, and his hand was + bloody, and he asked us if we had any handkerchief to bind up + his hand. + + ATTORNEY-GENERAL--Was there any other chairs at the door of the + Bagnio, at the same time when you came there? + + CRATTLE--Yes, there was another chair there at the door at the + same time, and we set down both together. + + ATTORNEY-GENERAL--Pray whence came that chair? + + CRATTLE--Indeed, I do not know. + + ATTORNEY-GENERAL--Who were the chairmen that carried that + chair? + + CRATTLE--Indeed, my lord Mohun and my lord Warwick were the + only persons that I knew of all the company. + + ATTORNEY-GENERAL--What sort of gentleman was the other, that + went out of the other chair into the house? + + CRATTLE--He was a pretty tall man; when he was in we went away; + I only can say, I saw my lord of Warwick go into the house. + + ATTORNEY-GENERAL--Did you take any notice of any sword that my + lord of Warwick had in his hand at that time? + + CRATTLE--No; I cannot say I did take any notice of any sword, + only that there was a handkerchief desired. + + ATTORNEY-GENERAL--Pray, did you hear no noise at all in the + field, till you heard chairs called for again? + + CRATTLE--No; I cannot say I heard any noise in the field. + + ATTORNEY-GENERAL--Did you apprehend there was any fighting? + + CRATTLE--No, I knew nothing at all of it; but upon the calling + of chairs again, and my lord Warwick coming along, we took him + in, and he bid us go to the Bagnio, and thither we went. + + ATTORNEY-GENERAL--My lord, we have done with this witness. + + LORD HIGH STEWARD--My lord Warwick, will you ask this witness + any questions? + + EARL OF WARWICK--No, my lord. + +_Gibson_, the other chairman who carried the Earl of Warwick, was then +called, and gave substantially the same evidence as the last witness. + +_Applegate_ carried Lord Mohun to Leicester Fields, and corroborated +the account of the journey thither given by the other witnesses. + + ATTORNEY-GENERAL--What then happened afterwards, can you tell? + + APPLEGATE--I cannot tell whether I had lighted my pipe, or was + just lighting it, when I heard chairs called again; upon which + we run up with our chairs towards the upper end of the fields, + and there I did see my lord of Warwick within the rails, who + bid us put over our chair into the fields; but we told him, if + we did, we could not get it over again; and so we went with our + chair to the corner of the fields; and when we came there, + there came out captain French, who bid us open our chairs, and + let him in, for he did believe he was a dead man; and upon that + we did take him in, and he bid us carry him with all the speed + we could to the Bagnio in Long-acre, and my lord of Warwick got + into another chair behind; so we went to Long-acre; and when we + came to the door of the Bagnio and captain French came out of + the chair, he was so weak that he fell down upon his knees; and + when he came out, I asked who should pay me, and desired to be + discharged; and the earl of Warwick said, Damn ye, call for + your money to-morrow; so they both went in at the Bagnio door + together. + + ATTORNEY-GENERAL--Pray, who called for the chair first, captain + French, or my lord of Warwick, in the fields? + + APPLEGATE--I cannot tell; but when I brought up my chair, I + first saw my lord of Warwick, and he would have had me lifted + the chair over the rails, and I told him we could not get it + over again, and so went up to the upper end of the fields. + + ATTORNEY-GENERAL--If you first spoke with my lord of Warwick, + why did you not carry my lord of Warwick? + + APPLEGATE--Indeed I cannot tell; but I suppose it was because + he did not come so soon out of the fields as captain French, or + did not come the same way. + + ATTORNEY-GENERAL--Pray, do you remember anything that happened + just at their carrying capt. French away? + + APPLEGATE--Before he went into the chair, he stopped and would + have pulled off his cloaths, but we would not let him. + + ATTORNEY-GENERAL--Did you see any sword capt. French had? + + APPLEGATE--I did see no sword that I can say directly was a + sword; but capt. French had something in his hand, but what it + was I cannot tell. + + ATTORNEY-GENERAL--What was it that he said to you, when he + first went into the chair? + + APPLEGATE--He desired to be carried to the Bagnio; for he said + he believed he was a dead man. + + ATTORNEY-GENERAL--Pray friend, recollect yourself, if you heard + him say any thing at all when he first went into the chair at + the Greyhound tavern? + + APPLEGATE--I did not hear him mention any thing at all. + + ATTORNEY-GENERAL--Pray what did you hear my lord of Warwick say + at that time? + + APPLEGATE--Truly, I cannot say I heard him mention any thing at + all neither; but I did hear my lord Mohun say, when he could + not prevail, in St. Martin's-lane, with captain Coote to go + home, that if they did go he would go and see it. + + ATTORNEY-GENERAL--If they did go; who did he mean by they? + + APPLEGATE--My lord Warwick and captain Coote that were in the + other chairs; there was nobody else to speak to. + + ATTORNEY-GENERAL--Was there any talk of fighting or + quarrelling? + + APPLEGATE--No, indeed, I do not know of any difference there + was between them. + + LORD HIGH STEWARD--My lord Warwick, will your lordship ask this + witness any questions? + + EARL OF WARWICK--My lord, I desire he may be asked, Whether I + did not endeavour to put off the going into Leicester-fields, + and to have all things let alone till to-morrow. + + APPLEGATE--My lord, I cannot say any thing of that; but I did + hear my lord Mohun beg heartily of captain Coote to go home, + and let the business alone till another time; and indeed I + think, I never heard a man beg more heartily for an alms at a + door, than he did, that they might not go into the fields then; + but I cannot say that I heard any thing that my lord of Warwick + said about it. + + LORD HIGH STEWARD--Will your lordship ask him any other + questions? + + EARL OF WARWICK--No, my lord. + +Catro, who was the second chairman who carried Lord Mohun's chair, +corroborated Applegate's evidence. Palmer, Jackson, and Edwards were +three chairmen who had helped to carry French, James, and Dockwra to +Leicester Fields; but they had nothing to add to the evidence already +given. + +_Pomfret_ was a servant at the Bagnio in Long Acre. In answer to the +Attorney-General he said:-- + + My lord, on Sunday the 30th of October last, between two and + three in the morning, there came to my master's door the earl + of Warwick, and knocked at the door, and there was capt. French + with him; and when they were let in, my lord of Warwick told me + that capt. French was wounded, and he himself had a wound, and + he desired that my master might be called up for to dress the + wounds; especially, because capt. French was very much wounded; + which accordingly was done in about a quarter of an hour after + they were brought in. + + ATTORNEY-GENERAL--Did he desire to be concealed when he was + come in? + + LORD HIGH STEWARD--Of whom do you speak, Mr. Attorney? + + ATTORNEY-GENERAL--My lord of Warwick. + + POMFRET--He did desire, that if any body asked for him, it + should be said he was not there. + + ATTORNEY-GENERAL--Pray in what condition did my lord of Warwick + seem to be in at that time? + + POMFRET--He seemed to be very much concerned at that time, and + his right hand, in which he had his sword, and which was drawn, + was very much bloody. + + ATTORNEY-GENERAL--Was the sword bloody that he had in his hand? + + POMFRET--The blade was bloody; but whether it was all over + bloody, I cannot tell; there was besides some blood upon the + shell; it was very near all over bloody, as I remember. + + ATTORNEY-GENERAL--Pray, friend, consider what you swore at the + Coroner's Inquest about the blood upon the sword. + + POMFRET--Indeed I cannot say it was bloody all along the blade; + but there was blood upon the shell, and there was blood upon + the inside: it was so, to the best of my remembrance. + + ATTORNEY-GENERAL--What condition was Mr. French's sword in? + + POMFRET--He had a drawn sword in his hand, but I did not + perceive it had any blood upon it; it was a large blade. + + ATTORNEY-GENERAL--How do you know what sort of sword Mr. + French's was, and in what condition it was? + + POMFRET--He desired me to take notice of it next morning, and I + did so; and there was no blood upon it. + + ATTORNEY-GENERAL--How came you to be desired to take notice of + what passed there about the swords? + + POMFRET--My lord, there was three of them the next day, and + one, it was said, was Mr. Coote's, and another of them was my + lord of Warwick's, which I do believe was bloody from the point + upwards, very near; but I cannot directly say but that was + afterwards. + + ATTORNEY-GENERAL--Who brought in that sword that you say was + Mr. Coote's? + + POMFRET--To the best of my remembrance, capt. Dockwra brought + it in; it was almost half an hour after my lord Warwick and + capt. French came in to the house, when they came thither. + + ATTORNEY-GENERAL--They, who do you mean? + + POMFRET--Captain James and he. + + ATTORNEY-GENERAL--Were they let in presently? + + POMFRET--No, my lord of Warwick had desired that they might be + private there; but when they knocked at the door, my lord of + Warwick desired to know who they were; and when it was + understood that they were Mr. James and Mr. Dockwra, they were + let in by my lord's order. + + ATTORNEY-GENERAL--Pray, which of all the four brought in any + sword in a scabbard? + + POMFRET--It was captain Dockwra. + + ATTORNEY-GENERAL--Pray, did they appear to be all of a party? + + POMFRET--They were glad to see one another; and they talked a + pretty while together; but indeed I cannot say I heard what + they talked. + + ATTORNEY-GENERAL--Pray, do you remember my lord of Warwick's + sword, and what there was upon it? + + POMFRET--It was a steel sword, water-gilt, and as near as I can + remember, there was blood upon it for the most part from the + point upward. + + ATTORNEY-GENERAL--And what did appear upon Mr. French's sword? + + POMFRET--There was water and dirt, but there was no blood at + all. + + ATTORNEY-GENERAL--How long did they stay there? + + POMFRET--They all continued about half an hour; and then went + away, all but Mr. French, who staid there. + + ATTORNEY-GENERAL--What then became of the others? + + POMFRET--Mr. James, Mr. Dockwra, and my lord of Warwick went + away; and my lord of Warwick desired particularly, that we + would all take care of Mr. French, for he was his particular + friend; and Mr. French continued there till Sunday about one of + the clock. + + ATTORNEY-GENERAL--Was there any discourse at that time about + Mr. Coote? + + POMFRET--Not that I heard of, one word. + + ATTORNEY-GENERAL--Was there any notice taken of any quarrel + that happened between any body, and who? + + POMFRET--No, indeed, I did not hear them take notice of any + quarrel at all between any body. + + ATTORNEY-GENERAL--You say Mr. French, when he came into your + house, was wounded, and there was care particularly taken of + him because he was wounded. + + POMFRET--Yes; my lord of Warwick desired to take care of him. + + ATTORNEY-GENERAL--Then pray, was there no discourse how he came + to be wounded? + + POMFRET--Indeed I do not know how he came to be wounded; nor + did I hear one word of discourse about it; indeed I cannot say + any thing who wounded him. + + ATTORNEY-GENERAL--Pray will you recollect yourself, and tell my + lords what sort of handle had my lord of Warwick's sword when + you saw it? + + POMFRET--It had a steel handle. + + ATTORNEY-GENERAL--Pray, can you tell whether the shell was open + or close? + + POMFRET--I cannot tell justly; I saw it, and that was all. + + ATTORNEY-GENERAL--If I apprehend you, you say my lord had a + wound in his hand. + + POMFRET--Yes, my lord, he had so. + + ATTORNEY-GENERAL--Pray, in what hand was it that he was + wounded? + + POMFRET--To the best of my remembrance, it was in his right + hand. + + ATTORNEY-GENERAL--Pray, did there appear much blood there? + + POMFRET--Yes, my lord, indeed there did. + + SERJEANT WRIGHT--You talk of Mr. James and Mr. Dockwra's + swords; pray in what condition were they? + + POMFRET--Mr. Dockwra's sword was by his side, and not drawn. + + SERJEANT WRIGHT--What did you observe of captain James's sword? + + POMFRET--His sword was naked, and he had lost his scabbard; but + how that came I cannot tell; and there was dirt on one side of + the sword; and he said he had left his scabbard behind him. + + ATTORNEY-GENERAL--Was there any blood upon his sword? + + POMFRET--No, there was no blood that I did see upon it. + + ATTORNEY-GENERAL--Pray did you see any blood upon Mr. Dockwra's + sword? + + POMFRET--No, indeed, I did not see Mr. Dockwra's sword, it was + in the scabbard by his side. + +Warwick's was 'a pretty broad sword': he did not take notice what length +or breadth the other swords were of; French's sword was not a broad +sword; he saw the swords at about three in the morning. James broke his +sword on the floor after he came in. + +_Goodall_, a servant in the Bagnio, and his wife were called. They spoke +to Warwick coming in with his sword drawn in his hand and bloody; his +hand was wounded. There was blood on the hilt of his sword, which was a +close one. French may have come in with Warwick; James and Dockwra came +in half an hour afterwards. Warwick gave orders that nobody was to be +admitted; but he opened the door for James and Dockwra when they knocked +and he saw who they were. Warwick, James, and Dockwra went away in a +little time, Warwick ordering that particular care should be taken of +French, who was his friend. + +_Henry Amy_, the surgeon who lived at the Bagnio, was called, and said +that he was called up at two in the morning of the 20th of October to +attend the lord Warwick and captain French. The latter was seriously +wounded, the former on the first joint of his fore-finger. While +French's wound was being dressed there was a knocking at the door; +Warwick ordered that nobody should be admitted, but when he found it was +James and Dockwra ordered that they should be let in. They and Warwick +went away in a little time, the latter telling the witness to take +particular care of French. Warwick's sword was very bloody; French +called for his sword the next morning, when the witness saw it, and it +was a little dirty, but not with blood. There was no talk of any +quarrel; the witness asked no questions; he did not then hear anything +about Coote being killed. French's sword was a middle-sized one; it was +not a broad blade. + + LORD HIGH STEWARD--Mr. Attorney, who is your next witness? + + ATTORNEY-GENERAL--Captain Loftus Duckinfield. + + (Who was sworn). + + ATTORNEY-GENERAL--This gentleman will acquaint your lordships + what discourse past between these gentlemen the next day; pray, + Sir, acquaint my lords what you heard about Mr. Coote's death, + and when and where. + + CAPTAIN DUCKINFIELD--Early in the morning I was told of this + accident. + + ATTORNEY-GENERAL--By whom? + + CAPTAIN DUCKINFIELD--One of the company, I cannot tell who, I + think they were all together then, my lord of Warwick, capt. + James, capt. Dockwra, and nobody else. + + ATTORNEY-GENERAL--What was their discourse? + + CAPTAIN DUCKINFIELD--They said, they believed captain Coote was + killed. + + ATTORNEY-GENERAL--Did they tell you by whom? + + CAPTAIN DUCKINFIELD--By Mr. French, every body did say he was + his adversary. + + ATTORNEY-GENERAL--What account was given of the action? + + CAPTAIN DUCKINFIELD--They said it was done in the dark, and + capt. French was his adversary. + + ATTORNEY-GENERAL--Was there any notice taken of any duel? + + CAPTAIN DUCKINFIELD--Yes, there was, between those two, and + the other persons on both sides; and it was said my lord of + Warwick was friend to Mr. Coote, and my lord Mohun. + + ATTORNEY-GENERAL--Who were on the other side? + + CAPTAIN DUCKINFIELD--Mr. Dockwra and Mr. James. + + ATTORNEY-GENERAL--Was there any discourse, who actually fought? + + CAPTAIN DUCKINFIELD--It was said, that capt. French fought with + capt. Coote, as they believed, and Mr. James with my lord of + Warwick. + + ATTORNEY-GENERAL--Did you see my lord of Warwick's sword? + + CAPTAIN DUCKINFIELD--Some time of the day I did; but I cannot + tell whether it was in the morning, or no. + + ATTORNEY-GENERAL--In what condition was it? Was it bloody or + not? + + CAPTAIN DUCKINFIELD--It was a steel sword. + + ATTORNEY-GENERAL--How long did they stay with you? + + CAPTAIN DUCKINFIELD--About half an hour. + + ATTORNEY-GENERAL--Did they come publicly? + + CAPTAIN DUCKINFIELD--We went away in a hackney coach together. + + ATTORNEY-GENERAL--Pray, what discourse was there about + consulting to go into the country together? + + CAPTAIN DUCKINFIELD--That might be discoursed, but by whom I + cannot tell. + + ATTORNEY-GENERAL--Did my lord of Warwick talk of going into the + country? + + CAPTAIN DUCKINFIELD--Whether the company talked of it, or my + lord of Warwick in particular, and the rest assented to it, I + cannot well tell. + + ATTORNEY-GENERAL--Whither did they go? + + CAPTAIN DUCKINFIELD--I cannot directly tell. + + ATTORNEY-GENERAL--What time of the day was it? + + CAPTAIN DUCKINFIELD--It was about six of the clock. + + ATTORNEY-GENERAL--Cannot you tell whither they went? + + CAPTAIN DUCKINFIELD--Capt. James and capt. Dockwra went to the + Ship and Castle in Cornhill about five o'clock or six, as near + as I can remember. + + ATTORNEY-GENERAL--Can you tell what time my lord of Warwick + went away? + + CAPTAIN DUCKINFIELD--No, I cannot tell what time he went away, + not directly. + + ATTORNEY-GENERAL--Can you tell of any agreement amongst them, + whither they were to go? + + CAPTAIN DUCKINFIELD--No I cannot. + + ATTORNEY-GENERAL--What discourse or concern did you observe + past between them, concerning capt. Coote? + + CAPTAIN DUCKINFIELD--My lord of Warwick shewed a great deal of + concern for his friend Mr. Coote. + + ATTORNEY-GENERAL--Had you any notice of Mr. Coote's death + amongst you? + + CAPTAIN DUCKINFIELD--We had notice before we went away; but I + cannot tell whether it was before my lord of Warwick was gone. + + ATTORNEY-GENERAL--Was it after the discourse of going into the + country, or before? + + CAPTAIN DUCKINFIELD--Indeed, I cannot directly say when it + was. + + ATTORNEY-GENERAL--Pray, what reason was there for their going + into the country before he was dead? + + CAPTAIN DUCKINFIELD--They believed he was dead. + + ATTORNEY-GENERAL--Cannot you tell the reason why they would go + into the country? + + CAPTAIN DUCKINFIELD--No, indeed, I cannot tell the reason. + + ATTORNEY-GENERAL--Did you observe my lord of Warwick's sword? + Was there any blood upon it? + + CAPTAIN DUCKINFIELD--I cannot say his sword was bloody at the + point; the whole blade and shell was bloody, to the best of my + remembrance. + + ATTORNEY-GENERAL--What sort of a sword was it? + + CAPTAIN DUCKINFIELD--It was a pretty broad blade, a hollow + blade, and a hollow open shell. + + ATTORNEY-GENERAL--Was there any discourse concerning capt. + French? + + CAPTAIN DUCKINFIELD--Yes, they thought he was very ill wounded. + + ATTORNEY-GENERAL--Was there any, and what, discourse who should + give my lord of Warwick his wound? + + CAPTAIN DUCKINFIELD--It was said, they believed capt. James + gave my lord his wound. + + ATTORNEY-GENERAL--Pray, was there any blood upon Mr. James's + sword, or was he wounded? + + CAPTAIN DUCKINFIELD--I saw no wound upon capt. James, that I + know of. + + LORD HIGH STEWARD--Do you believe that my lord Warwick's sword + was bloodied with the hurt of his own hand, or any otherwise? + + CAPTAIN DUCKINFIELD--I cannot tell; it was a cut shell, and the + outside bloody as well as the in. + + LORD HIGH STEWARD--My lord Warwick, will your lordship ask this + witness any questions? + + EARL OF WARWICK--No, my lord. + + LORD HIGH STEWARD--Mr. Attorney, if you have any other witness, + pray call them. + +Another Witness was produced, that belonged to the Ship and Castle in +Cornhill. + + ATTORNEY-GENERAL--This man will give you an account what passed + at his house at that time, and between whom; pray, will you + tell my lords who was at your house the 30th of October last, + and what past there then? + + WITNESS--My lord of Warwick, capt. James and capt. Dockwra; and + when my lord of Warwick came in I thought my lord was in a very + great concern, and called for pen, ink and paper, and I feared + there was some quarrel in hand; but they said no, the quarrel + was over, and says my lord of Warwick, I am afraid poor Coote + is killed. + + ATTORNEY-GENERAL--Did you observe any desire to be private? + + WITNESS--No, indeed, I cannot tell that. + + ATTORNEY-GENERAL--How long did they continue there? + + WITNESS--About six a-clock my lord of Warwick, and capt. James, + and capt. Dockwra, and capt. Duckinfield went away. + + ATTORNEY-GENERAL--Can you tell who went with my lord Warwick? + + WITNESS--No, indeed, I cannot tell who went with my lord + Warwick; there came in a gentleman in black, whom I knew to be + my lord of Warwick's steward, and he came and spoke some words + to my lord of Warwick, about a quarter of an hour after they + came in, and then they went away, for after that I did not + hear any further discourse. + + ATTORNEY-GENERAL--What became of the rest of the company? + + WITNESS--They went away; I do not know what became of them, nor + whither they went; some of them went in and out of one room + into another several times, two or three times, and came out + again. + + ATTORNEY-GENERAL--My lord, we have done with the witness. + + LORD HIGH STEWARD--My lord Warwick, will you ask him any + questions? + + EARL OF WARWICK--No, my lord. + +_Mr. Salmon_, the surgeon who, by the coroner's orders, examined Coote's +wounds, was called. There were two wounds: one on the left breast, near +the collar-bone, running down four or five inches. He could not guess +what sort of a sword made it; the wound was about half an inch broad. +There was another wound under the last rib on the left side, an inch +broad, six inches deep. They were both mortal. In answer to Lord +Warwick, he said that neither could be given by a sword run up to the +hilt. He could not say that they must have been given by the same +weapon: but they might have been. + +_Stephen Turner_, Coote's servant, identified his master's sword; he +believed he fenced with his right hand, but had never seen him fence at +all. + + EARL OF WARWICK--I desire he may be asked, whether he has not + observed a particular kindness and friendship between his + master and me? + + TURNER--Yes, my lord; I have several times waited upon my + master, when my lord and he was together, and they were always + very civil and kind one to another; and I never heard one word + of any unkindness between them. + + EARL OF WARWICK--Whether he knows of any quarrel that was + between us? + + TURNER--No, I never did. + + EARL OF WARWICK--Whether he did not use to lie at my lodgings + sometimes? + + LORD HIGH STEWARD--You hear my lord's question: what say you? + Did your master use to lie at my lord of Warwick's lodgings at + any time? + + TURNER--Yes; very often. + + ATTORNEY-GENERAL--Pray call Pomfret again, and let him see the + sword. + + [Then he came in, and two swords were shewn him.] + + ATTORNEY-GENERAL--I desire he may acquaint your lordships what + he knows of those two swords. + + POMFRET--These two swords were brought in by some of the + company that came to my master's house; and when they were + shewn to captain French in the morning he owned this to be his, + and the other to be Mr. Coote's; and he desired that notice + might be taken, that his sword was dirty but not bloody; and + there was some blood upon the other. + + ATTORNEY-GENERAL--Who brought in Mr. Coote's sword? + + POMFRET--Indeed I cannot tell. + +_White_, the coroner, was called, and said that he had asked Salmon +whether the two wounds on Coote's body were given by the same weapon, +and he said he could not say. + + ATTORNEY-GENERAL--We have done with our evidence, until we hear + what my lord of Warwick says to it. + + LORD HIGH STEWARD--My lord of Warwick, will you ask this + witness any questions? + + EARL OF WARWICK--No, my lord. + + LORD HIGH STEWARD--Make proclamation for silence. + + CLERK OF THE CROWN--Serjeant at arms, make proclamation. + + SERJEANT-AT-ARMS--O yes, O yes, O yes! His grace, my lord high + steward of England, does strictly charge and command all manner + of persons here present to keep silence, upon pain of + imprisonment. + + LORD HIGH STEWARD--My lord of Warwick, the king's counsel have + made an end of giving evidence for the king; now is the proper + time for you to enter upon your defence. + + EARL OF WARWICK--May it please your grace, and you my noble + lords, my peers. + + I stand here before your lordships, accused of the murder of + Mr. Coote, of which I am so innocent, that I came and + voluntarily surrendered myself so soon as I heard your + lordships might be at leisure to try me; and had sooner done + it, but that the king was not then here, nor your lordships + sitting, and had no mind to undergo a long confinement; and now + I think I might well submit it to your lordships' judgment, + even on the evidence that has been offered against me, whether + there hath been any thing proved of malice prepense, or my + being any actor therein, so as to adjudge me guilty. And I + think I may with humble submission to your lordships say, that + my innocence appeareth even from several of the witnesses who + have been examined against me, which I will not trouble your + lordships to repeat, but submit to your memory and observation. + + But, my lords, the safety of my life does not so much concern + me in this case, as the vindication of my honour and reputation + from the false reflections to which the prosecutor has + endeavoured to expose me; and I shall therefore beg your + lordships' patience to give a fair and full account of this + matter: in which the duty I owe to your lordships, and to + justice in general, and the right I owe to my own cause in + particular, do so oblige me, that I will not in the least + prevaricate, neither will I conceal or deny any thing that is + true. + + My lords, I must confess I was there when this unfortunate + accident happened, which must be a great misfortune in any + case, but was more so to me in this, because Mr. Coote was my + particular friend; and I did all I could to hinder it, as your + lordship may observe by the whole proceedings. + + It was on the Saturday night when my lord Mohun and I, and + several other gentlemen, met at Locket's, where the same + company used often to meet; and in some time after several of + us had been there, Mr. Coote came unexpectedly, and for some + time he and we were very friendly, and in good humour, as we + used to be with each other; but then there happened some + reflecting expressions from Mr. Coote to Mr. French, who + thereupon called for the reckoning; and it being paid, we left + the upper room, and I proposed to send three bottles of wine + to my own lodging, and to carry him thither to prevent the + quarrel. But while the company stopped to call for a glass of + ale at the bar below, Mr. Coote (whose unfortunate humour was + sometimes to be quarrelsome) did again provoke Mr. French to + such degree, that they there drew their swords; but we then + prevented them of doing any mischief: then Mr. Coote still + insisting to quarrel further with Mr. French, my lord Mohun and + I proposed to send for the guards to prevent them: but they had + got chairs to go towards Leicester-fields; and my lord Mohun + and I, as friends to Mr. Coote, and intending to prevent any + hurt to him, did follow him in two other chairs; and as he was + going up St. Martin's-lane, stopped him, and I extremely there + pressed him to return and be friends with Mr. French, or at + least defer it, for that the night was very dark and wet; and + while we were so persuading of him, Mr. French in one chair, + and Mr. James and Mr. Dockwra in two other chairs past by us + (which we guessed to be them), on which Mr. Coote made his + chairmen take him up again, and because the chairmen would not + follow Mr. French faster, threatened to prick him behind; and + when we were gone to Green-street and got out of our chairs, + Mr. Coote offered half a guinea to be changed to pay for all + our three chairs, but they not having change, he desired lord + Mohun to pay the three shillings, which he did. And in a few + minutes after, Mr. Coote and Mr. French engaged in the fields, + whither I went for the assistance and in defence of Mr. Coote, + and received a very ill wound in my right hand; and there this + fatal accident befel Mr. Coote from Mr. French whom Mr. Coote + had dangerously wounded, and I must account it a great + unhappiness to us all who were there: but so far was I from + encouraging of it, that I will prove to your lordships that I + did my utmost endeavours to prevent it; so far from any design + upon him, that I exposed my own life to save his; so far from + prepense malice, that I will, by many witnesses of good quality + and credit, prove to your lordships a constant good and + uninterrupted friendship from the first of our acquaintance to + the time of his death; which will appear by many instances of + my frequent company and correspondence with him, often lending + him money, and paying his reckonings; and about two months + before his death lent him an hundred guineas towards buying him + an ensign's place in the guards, and often, and even two nights + before this, he lodged with me, and that very night I paid his + reckoning. And when I have proved these things, and answered + what has been said about the sword and what other objections + they have made, I doubt not but that I shall be acquitted to + the entire satisfaction of your lordships, and all the world + that hear it. + + Before I go upon my evidence, I will crave leave further to + observe to your lordships, that at the Old Bailey, when I was + absent, Mr. French, James, and Dockwra, have been all tried on + the same indictment now before your lordships; and it was then + opened and attempted, as now it is, to prove it upon me also; + and by most of them the same witnesses who have now appeared; + and they were thereupon convicted only of manslaughter, which + could not have been, if I had been guilty of murder. And on + that trial it plainly appeared that Mr. French was the person + with whom he quarrelled, and who killed him. And now I will + call my witnesses. + + LORD HIGH STEWARD--Will your lordship please to go on to call + your witnesses, for the proof of what you have said; that is + the method, and then you are to make such observations as you + please. + + EARL OF WARWICK--My first witness is capt. Keeting, who was + with me at Locket's, but went away before capt. Coote or any of + them came; and he will tell you I was with him a while. + + [Then captain Keeting stood up.] + + LORD HIGH STEWARD--Capt. Keeting, you are not upon your oath, + because the law will not allow it. In cases of this nature the + witnesses for the prisoner are not to be upon oath; but you are + to consider that you speak in God's presence, who does require + the truth should be testified in all causes before courts of + judicature; and their lordships do expect, that in what + evidence you give here, you should speak with the same regard + to truth as if you were upon oath; you hear to what it is my + lord of Warwick desires to have you examined, what say you to + it? + + CAPTAIN KEETING--My lord, I will tell your lordship all the + matter I know of it. I met with my lord of Warwick that evening + at Tom's Coffee-house, and we continued there till about eight + at night; I went away to see for a gentleman that owed me + money, and afterwards I went to Locket's; and while I was + there, the drawer came up and told me, my lord of Warwick + desired to speak with me; and when he came up into the room, he + said he was to meet with my lord Mohun there, and capt. Coote, + and he asked me if I knew where capt. French and capt. James + were; I told him I dined with capt. Coote at Shuttleworth's; + and in a while after, capt. Coote came in, and about an hour + and an half, I think, I continued there, and capt. French came + in; capt. Dockwra and we drank together for an hour and an + half, and they admired, about ten o'clock that my lord Mohun + was not come; and I payed my reckoning, not being very well, + and away I went home; Mr. James came in just before I went + away; but there was no quarrelling, nor any thing like it + before I went away. + + EARL OF WARWICK--My lord, I desire he may be asked, Whether we + did not usually meet there as friends, especially capt. Coote + and I? + + CAPTAIN KEETING--Captain Coote and my lord of Warwick used to + be almost every day together at that place. + + EARL OF WARWICK--Pray, did he ever know or observe any + difference or quarrel between capt. Coote and me? + + CAPTAIN KEETING--No, my lord, I never saw any thing but the + greatest friendship between my lord of Warwick and captain + Coote that could be; I was with them, and saw them together + almost every day. + + LORD HIGH STEWARD--Have you any thing further to examine this + witness to? + + EARL OF WARWICK--No, my lord, I have no further question to ask + him. + + LORD HIGH STEWARD--Who is your next witness, my lord? + + EARL OF WARWICK--My lord, I suppose I shall not need to trouble + you to examine the chairmen over again; your lordships have + heard what they can say: I desire colonel Stanhope may be + called. + + [Who it seems stood by the Chair of State, and it was some + while before he could get round to come to the place the + witnesses were to stand.] + + LORD HIGH STEWARD--While this witness gets round, if your + lordship has any other witness ready to stand up, pray let him + be called. + + EARL OF WARWICK--To prove the kindness between capt. Coote and + me, I desire col. Blisset may be called. [Who stood up.] + + LORD HIGH STEWARD--What is it your lordship asks this witness + or calls him to? + + EARL OF WARWICK--To testify what he knows of any kindness or + unkindness between capt. Coote and me; whether he has not been + often in our company? + + LORD HIGH STEWARD--Have you been often in company with my lord + of Warwick and capt. Coote? + + COLONEL BLISSET--Yes, my lord, I was very well acquainted with + both of them for a twelve-month past before this accident and I + have often been in their company, and always observed that + there was a great deal of friendship and kindness between them. + + EARL OF WARWICK--My lord, I desire he may tell any particular + instance that he knows or can remember. + + COLONEL BLISSET--I remember when capt. Coote had his commission + in the regiment of guards, he was complaining of the + streightness of his circumstances; he was to pay for his + commission 400 guineas, and said he had but 300 for to pay for + it: and my lord of Warwick did then say to him, do not trouble + yourself about that, or let not that disturb you, for I will + take care you shall have 100 guineas, and he said he would give + order to his steward to pay him so much; and I was told + afterwards that he did so. + + EARL OF WARWICK--I desire he may tell, if he knows of any other + particular instances of my friendship to Mr. Coote? + + COLONEL BLISSET--Once when he was arrested by his taylor for + L13, my lord lent him five guineas, and used very frequently to + pay his reckoning for him. + + EARL OF WARWICK--I desire he may tell, if he knows any thing + else; and whether he has not lain at my lodgings, and + particularly but some small time before this accident happened. + + COLONEL BLISSET--About ten days before this unhappy accident + happened, I was at my lord of Warwick's lodgings, and when I + came there I found capt. Coote a-dressing himself; and I asked + him how that came to pass, and they told me they had been up + late together, and that he had sent home for his man to dress + himself there, upon which I did observe that they had been + a-rambling together over night; and there was a very great + familiarity between them. + + EARL OF WARWICK--Did you observe any quarrel between us? + + COLONEL BLISSET--No, none at all; I never knew of any quarrel + between my lord of Warwick and capt. Coote, but I observed + there was a particular kindness between them; and a great deal + of friendship I know my lord of Warwick shewed to him, in + paying of reckonings for him, and lending him money when he + wanted. + + EARL OF WARWICK--My lord, I desire he may be asked, whether he + does not know that capt. Coote was straitened for money? + + COLONEL BLISSET--I did hear capt. Coote say, that he had not + received any thing from his father for 13 months, and his + father was angry with him, and would not send him any supply, + because he would not consent to cut off the entail, and settle + two or three hundred pounds upon a whore he had. + + ATTORNEY-GENERAL--Pray, Sir, will you consider with yourself, + and though you are not upon your oath, answer the questions + truly, for you are obliged to speak the truth, though you are + not sworn, whenever you come to give your testimony in a court + of judicature; pray, acquaint my noble lords here, whether you + did never hear my lord Warwick complain of capt. Coote? + + COLONEL BLISSET--No, I never did hear him complain of him. + + ATTORNEY-GENERAL--Did you never hear the least word of any + quarrel between them? + + COLONEL BLISSET--No, indeed, I did never hear of any quarrel + between them. + + ATTORNEY-GENERAL--Did you never hear of any unkindness at all? + + COLONEL BLISSET--No, indeed, my lord, not I: I never so much as + heard of the least unkindness whatsoever. + + LORD HIGH STEWARD--Well then, my lord, who do you call next? + + EARL OF WARWICK--Now colonel Stanhope is here, I desire he may + be asked the same question, whether he does not know the + particular friendship that was between capt. Coote and me, and + what instances he can give of it? + + LORD HIGH STEWARD--You are to consider, Sir, though you are not + upon your oath you are in a great court, and under no less + restriction to testify the truth, and nothing but the truth: + You hear what my noble lord asks you. + + COLONEL STANHOPE--My lord, I have known my lord of Warwick and + capt Coote for about a twelve-month, and I did perceive that + they did always profess a great kindness for one another. + + EARL OF WARWICK--I desire to know of him, whether he observed + any particular friendship between capt. Coote and me, much + about the time of this business? + + COLONEL STANHOPE--About eight or ten days before this unhappy + accident, I went to wait upon my lord of Warwick twice at his + lodgings: Once I found capt. Coote there, one of them was in + bed, and the other was dressing of himself; I thought they were + very good friends that were so familiar, and I had good reason + to think so, because of that familiarity: Both the times that I + was there, when I found them together, was within eight days + before the accident happened. + + EARL OF WARWICK--The next witness I shall call will be Mr. + Disney. + + ATTORNEY-GENERAL--But before colonel Stanhope goes, I desire to + ask him this question, whether he did never hear or know of any + unkindness between my lord of Warwick and capt. Coote? + + COLONEL STANHOPE--No, indeed I did not; I always thought them + to be very good friends. + + LORD HIGH STEWARD--Will your lordship go on to your next + witness? + + EARL OF WARWICK--Yes, my lord, there he is, Mr. Disney; I + desire he may be asked what he knows of any expressions of + kindness and friendship between me and capt. Coote. + +_Disney_ spoke to Lord Warwick lending Coote 100 guineas towards the +price of his commission; he had observed great kindness between the +two, and had several times seen Lord Warwick pay Coote's reckoning. + +_Colonel Whiteman_ was then called. He had constantly seen Lord Warwick +and Coote together; + + they dined together almost every day for half a year's time + almost; and as to this time, when this business had happened, I + went to my lord of Warwick, being sent for by him, and found + him at a private lodging, where he expressed a great deal of + concern for the death of his dear friend Mr. Coote; and he + shewed me the wound he had received in his hand, and he desired + he might be private, and he told me he believed people would + make worse of it than it was, because he did not appear; but he + did but intend to keep himself out of the way till he could be + tried; and I took what care I could to get him a convenience to + go to France. + + ATTORNEY-GENERAL--Pray, what reason did he give for his going + away? + + COLONEL WHITEMAN--The king being at that time out of England, + and so the parliament not sitting, he said he did not love + confinement, and had rather be in France till the parliament + should meet, and he might have a fair trial, which he thought + he should best have in this House. + +He had never seen any unkindness or quarrel between them. + +_Edmund Raymund_, Lord Warwick's steward, knew of the loan of 100 +guineas by him to Coote, and provided the money paid on that occasion. + +Lord Warwick then stated that he wished to call French as a witness, and +desired that counsel might be heard on his behalf as to whether he could +be guilty of the death of a man on whose side he was fighting equally +with those who were fighting on the other side, and who had already been +convicted of manslaughter. + +After a brief discussion, it was decided that counsel should be heard on +the question whether French was a competent witness. The facts were that +he had been indicted for murder, and convicted of manslaughter; he +claimed the benefit of clergy,[35] which was allowed him; the burning +on his hand was respited, and a pardon remitting the burning altogether +had been delivered to the Lord High Steward under the Privy Seal, but +had not passed the Great Seal. + +Lord Warwick had accordingly to maintain that French was a good witness +without having been burnt on his hand, or having been pardoned. + +The _Attorney-General_ first proceeded to argue that an allowance of +clergy did not make a felon convict a competent witness.[36] It did not +discharge him from his offence, set him _rectus in curia_, and 'make him +in all respects a person fit to have the benefit and privileges of a +"probus et legalis homo"' till he had passed through those methods of +setting himself right in the eye of the law, that the law had +prescribed. The burning in the hand under the statute of Henry VII. was +not a punishment; it only showed that the branded person was not to have +his clergy again. Purgation was abolished by the statute of Elizabeth, +but satisfaction was not made to the law, the convict was not fully +discharged from its operation, and his credit was not restored, till he +was branded or pardoned. Till then 'the conviction remains upon him,' +and he was not capable of being a witness. + +_The Solicitor-General_, Sir John Hawles,[37] followed to the same +effect, and, by the order of the Court _Powys_[38] was then heard on +behalf of the prisoner. He agreed with the Attorney-General that the +branding under the statute of Henry VII. was only for the purpose of +showing that the branded man has had his clergy once, and was not a +punishment; the punishment still remained to be inflicted by the process +of purgation. But purgation was abolished after the Reformation by the +statute of Elizabeth 'because it was only an outward appearance and shew +of purgation, and was often the occasion of very great perjuries.' The +Court had power to imprison the convicted man for a year; but that was +not any more a punishment and a means of restoring a man to credit than +was the branding.[39] + +'What we insist on is this, that the allowance of clergy sets him right +in court, since purgation is abolished, and is the same thing as if he +had undergone the ceremonial parts of a formal purgation'; the prisoner +was to have the same benefit of his clergy as purgation would have given +him before the statute, and on being allowed his clergy is to be in the +same condition as if he had undergone purgation or been pardoned. The +respiting of the burning of the hand till the king's pardon could be +obtained was not to put him in a worse condition than he would have been +in had he been actually burnt. Cases were quoted, one of which was +afterwards fairly distinguished, and it was urged that the burning was +only a condition precedent to the accused getting out of prison, not to +his being restored to his credit. + +_Serjeant Wright_ replied for the Crown. He admitted that a pardon would +restore a convict to credit as a witness, and that an allowance of +clergy, followed by a burning of the hand, would have the same effect: +now that purgation was abolished, the burning had taken its place; 'that +is the very terms of the statute on which he is to be discharged; that +must actually be done before he can be put into the same condition that +he was in before the conviction, and consequently make him capable of +being a witness.' One of the cases quoted by Powys was distinguished, +and Hale was quoted to support the argument for the Crown. + +_Lord Chief-Justice Treby_[40] was then called on for his opinion, and +gave it that French was not a competent witness. He had not yet actually +been pardoned, for pardons were not operative till they had passed the +Great Seal. By his conviction he had forfeited his liberty, his power of +purchasing chattels or holding land, and his credit. + +These losses formerly might be restored by purgation; but purgation was +now replaced by burning in the hand. The imprisonment under the statute +was not a necessary condition to a restoration of credit, because it was +'a collateral and a new thing'; the party was not imprisoned 'by virtue +of his conviction, but by a fresh express order of the judges, made upon +the heinousness of the circumstances appearing on the evidence. They +may, and generally do, forbear to commit at all; and when they do, it +may be for a month or two, at their discretion.' In any case the burning +was a condition precedent to a restoration to credit. 'To me the law is +evident. A peer shall have this benefit without either clergy or +burning. A clerk in orders, upon clergy alone, without burning. A +lay-clerk, not without both.' + +_Lord Chief-Baron Ward_[41] and _Nevill, J._,[42] expressed themselves +as of the same opinion; and it was decided that French should not be +admitted as a witness. + +It was then suggested that counsel should be heard on the point +whether, supposing that Lord Warwick had been on Coote's side in the +fight, he was guilty of his death; but it was decided that as there was +still a question whether the facts were as alleged this could not be +done. + +Lord Warwick was then invited to sum up his evidence, 'which is your own +work, as not being allowed counsel as to matter of fact,' and to make +any observations he liked. He preferred, however, to say nothing. + +_The Solicitor-General_ then proceeded to sum up for the Crown, and +since he could not be heard by some lords at the upper end of the house, +the _Duke of Leeds_ moved either that 'any person that has a stronger +voice should sum up the evidence,' or that 'you will dispense with the +orders of the house so far, as that Mr. Solicitor may come to the +clerk's table, or some other place within the house, where he may be +heard by all.' _The Earl of Rochester_ opposed the second alternative on +the ground that 'in point of precedent many inconveniences' would occur +were such a course adopted. + +_The Earl of Bridgewater_ suggested that the difficulty might be met by +sending the guard to clear the passages about the court, which was +accordingly done, apparently with success. + +_The Solicitor-General_ then continued his summing up the evidence; his +only original comment on the case being that as there was no evidence +as to whose hand it was by which Coote was wounded, 'until that can be +known, every person that was there must remain under the imputation of +the same guilt, as having a hand, and contributing to his death.' + + Then the lords went back to their own house in the same order + they came into the court in Westminster Hall, and debated the + matter among themselves, what judgment to give upon the + evidence that had been heard; and in about two hours' time they + returned again into the court, erected upon a scaffold in + Westminster-hall; and after they were seated in their places, + the Lord High Steward being seated in his chair before the + throne, spoke to the Lords thus: + + LORD HIGH STEWARD--Will your lordships proceed to give your + judgment? + + LORDS--Ay, Ay. + + Then the Lord High Steward asked this question of every one of + the lords there present, beginning with the puisne baron, which + was the lord Bernard. + + LORD HIGH STEWARD--My lord Bernard, is Edward Earl of Warwick + guilty of the felony and murder whereof he stands indicted, or + not guilty? + + The lord Bernard stood up in his place uncovered, and laying + his right hand upon his breast pronounced his judgment thus: + + LORD BERNARD--Not Guilty of murder, but Guilty of manslaughter, + upon my honour. + + The same question was asked severally of all the lords, who in + the same form delivered the same opinion. + + Then the Lord High Steward reckoned up the number of peers + present, and the opinions that were given, and announced that + there were 93 present, and that they had all acquitted lord + Warwick of murder, but had found him guilty of manslaughter. + Lord Warwick was then called in, the judgment was announced to + him, and he was asked what he had to say why judgment of death + should not be pronounced against him according to law. And he + claimed the benefit of his peerage, under the statute of Edward + the 6th. + + LORD HIGH STEWARD--My lord, your lordship has demanded the + benefit of your peerage upon the statute of Edward the 6th, and + you must have it by law; but I am directed by their lordships + to acquaint you that you cannot have the benefit of that + statute twice; therefore, I am likewise directed by their + lordships to say that they hope you will take a more than + ordinary care of your behaviour for the future, that so you may + never hereafter fall into such unfortunate circumstances as you + have been now under; my lords hope this will be so sensible a + warning, that nothing of this kind will ever happen to you + again; your lordship is now to be discharged. + + LORD HIGH STEWARD--Is it your lordships' pleasure to adjourn to + the House of Lords? + + LORDS--Ay, Ay. + + LORD HIGH STEWARD--This House is adjourned to the House of + Lords. + + Then the lords went in procession, in the same order that they + came into the court. + +The next day Lord Mohun was tried on a similar indictment before the +same court. And most of the same witnesses having given the same +evidence again, he was acquitted and discharged. He then expressed +himself thus: + + LORD MOHUN--My lords, I do not know which way to express my + great thankfulness and acknowledgment of your lordships' great + honour and justice to me; but I crave leave to assure your + lordships, that I will endeavour to make it the business of the + future part of my life, so to behave myself in my conversation + in the world, as to avoid all things that may bring me under + any such circumstances, as may expose me to the giving your + lordships any trouble of this nature for the future. + +Then proclamation was made dissolving the Commission, and the Court +adjourned. + + * * * * * + +As is well known, the duel described in this trial is the original of +that described in _Esmond_ between Lord Castlewood and Lord Mohun; it +may therefore be of interest to transcribe a few passages out of the +latter work, premising only that there seems to be some faint +relationship between Captain Macartney, Lord Mohun's second in his duel +with Lord Castlewood, and the Lord Macartney who afterwards assisted him +in the same capacity in his final meeting with the Duke of Hamilton. +Lord Castlewood, as will be remembered, had come up to London to fight +Lord Mohun, really on account of his relations with Lady Castlewood, +nominally as the result of a quarrel at cards, which it was arranged +should have all the appearance of taking place. Lord Castlewood, Jack +Westbury, and Harry Esmond all meet together at the 'Trumpet,' in the +Cockpit, Whitehall. + + When we had drunk a couple of bottles of sack, a coach was + called, and the three gentlemen went to the Duke's Playhouse, + as agreed. The play was one of Mr. Wycherley's--_Love in a + Wood_. Harry Esmond has thought of that play ever since with a + kind of terror, and of Mrs. Bracegirdle, the actress who + performed the girl's part in the comedy. She was disguised as a + page, and came and stood before the gentlemen as they sat on + the stage, and looked over her shoulder with a pair of arch + black eyes, and laughed at my lord, and asked what ailed the + gentleman from the country, and had he had bad news from + Bullock fair? + + Between the acts of the play the gentlemen crossed over and + conversed freely. There were two of Lord Mohun's party, Captain + Macartney, in a military habit, and a gentleman in a suit of + blue velvet and silver, in a fair periwig with a rich fall of + point of Venice lace--my Lord the Earl of Warwick and Holland. + My lord had a paper of oranges, which he ate, and offered to + the actresses, joking with them. And Mrs. Bracegirdle, when my + lord Mohun said something rude, turned on him, and asked him + what he did there, and whether he and his friends had come to + stab anybody else, as they did poor Will Mountford? My lord's + dark face grew darker at this taunt, and wore a mischievous, + fatal look. They that saw it remembered it, and said so + afterward. + + When the play was ended the two parties joined company; and my + Lord Castlewood then proposed that they should go to a tavern + and sup. Lockit's, the 'Greyhound,' in Charing Cross was the + house selected. All three marched together that way, the three + lords going a-head.' + +At the 'Greyhound' they play cards, and Esmond tries in vain to quarrel +with Mohun himself. + + My Lord Mohun presently snuffed a candle. It was when the + drawers brought in fresh bottles and glasses and were in the + room--on which my Lord Viscount said, 'The Deuce take you, + Mohun, how damned awkward you are. Light the candle, you + drawer.' + + 'Damned awkward is a damned awkward expression, my lord,' says + the other. 'Town gentlemen don't use such words--or ask pardon + if they do.' + + 'I'm a country gentleman,' says my Lord Viscount. + + 'I see it by your manner,' says my Lord Mohun. 'No man shall + say damned awkward to me.' + + 'I fling the words in your face, my lord,' says the other; + 'shall I send the cards too?' + + 'Gentlemen, gentlemen! before the servants?' cry out Colonel + Westbury and my Lord Warwick in a breath. The drawers go out of + the room hastily. They tell the people below of the quarrel + upstairs. + + 'Enough has been said,' says Colonel Westbury. 'Will your + lordships meet to-morrow morning?' + + 'Will my Lord Castlewood withdraw his words?' asks the Earl of + Warwick. + + 'My lord Castlewood will be ---- first,' says Colonel Westbury. + + 'Then we have nothing for it. Take notice, gentlemen, there + have been outrageous words--reparation asked and refused.' + + 'And refused,' says my Lord Castlewood, putting on his hat. + 'Where shall the meeting be? and when?' + + 'Since my lord refuses me satisfaction, which I deeply regret, + there is no time so good as now,' says my Lord Mohun. 'Let us + have chairs, and go to Leicester Field.' + + 'Are your lordship and I to have the honour of exchanging a + pass or two?' says Colonel Westbury, with a low bow to my Lord + of Warwick and Holland. + + 'It is an honour for me,' says my lord, with a profound congee, + 'to be matched with a gentleman who has been at Mons and + Namur.' + + 'Will your Reverence permit me to give you a lesson?' says the + captain. + + 'Nay, nay, gentlemen, two on a side are plenty,' says Harry's + patron. 'Spare the boy, Captain Macartney,' and he shook + Harry's hand for the last time, save one, in his life. + + At the bar of the tavern all the gentlemen stopped, and my Lord + Viscount said, laughing, to the bar-woman, that those cards set + people sadly a-quarrelling; but that the dispute was over now, + and the parties were all going away to my Lord Mohun's house, + in Bow Street, to drink a bottle more before going to bed. + + A half-dozen of chairs were now called, and the six gentlemen + stepping into them, the word was privately given to the + chairmen to go to Leicester Field, where the gentlemen were set + down opposite the 'Standard Tavern.' It was midnight, and the + town was a-bed by this time, and only a few lights in the + windows of the houses; but the night was bright enough for the + unhappy purpose which the disputants came about; and so all six + entered into that fatal square, the chairmen standing without + the railing and keeping the gate, lest any persons should + disturb the meeting. + + All that happened there hath been matter of public notoriety, + and is recorded, for warning to lawless men, in the annals of + our country. After being engaged for not more than a couple of + minutes, as Harry Esmond thought (though being occupied at the + time with his own adversary's point, which was active, he may + not have taken a good note of time) a cry from the chairmen + without, who were smoking their pipes, and leaning over the + railings of the field as they watched the dim combat within, + announced that some catastrophe had happened, which caused + Esmond to drop his sword and look round, at which moment his + enemy wounded him in the right hand. But the young man did not + heed this hurt much, and ran up to the place where he saw his + dear master was down. + + My Lord Mohun was standing over him. + + 'Are you much hurt, Frank?' he asked in a hollow voice. + + 'I believe I'm a dead man,' my lord said from the ground. + + 'No, no, not so,' says the other; 'and I call God to witness, + Frank Esmond, that I would have asked your pardon, had you but + given me a chance. In--in the first cause of our falling out, I + swear that no one was to blame but me, and--and that my + lady----' + + 'Hush!' says my poor Lord Viscount, lifting himself on his + elbow and speaking faintly. 'Twas a dispute about the + cards--the cursed cards. Harry, my boy, are you wounded too? + God help thee! I loved thee, Harry, and thou must watch over + my little Frank--and--and carry this little heart to my wife.' + + And here my dear lord felt in his breast for a locket he wore + there, and, in the act, fell back fainting. + + We were all at this terrified, thinking him dead; but Esmond + and Colonel Westbury bade the chairmen come into the field; and + so my lord was carried to one Mr. Aimes, a surgeon, in Long + Acre, who kept a bath, and there the house was wakened up, and + the victim of this quarrel carried in. + +FOOTNOTES: + +[31] Charles, fifth Baron Mohun (1675?-1712), was the eldest son of the +fourth baron, who died from a wound received in a duel when his son was +about two years old. He fought his first duel in 1692, breaking out of +his lodgings, where he was confined in consequence of a quarrel over +dice, for the purpose, with the assistance of the Earl of Warwick of the +present case, the grandson of the Lord Holland of the Civil War. This +encounter ended in both combatants being disarmed. Two days later he +abetted in the murder of Mountfort, an actor. One Captain Hill was in +love with Mrs. Bracegirdle, the famous actress, and supposed that he had +cause to be jealous of the attentions she received from Mountfort, the +equally eminent actor. Accordingly Hill and Mohun formed a plan +(estimated to cost L50 in all) to carry off the lady as she came out of +the theatre: and providing themselves with a coach-and-six and a body of +soldiers set out on the enterprise. They missed Mrs. Bracegirdle at the +theatre, but found her by chance coming out of a house in Drury Lane +where she had supped. The attempt to carry her off in the coach failed, +owing to the vigorous resistance made by her friends. Hill and Mohun, +however, were allowed to escort her to her lodgings in Howard Street, +where they saw her safely home. Mountfort lived in Norfolk Street, at +the bottom of Howard Street; and as he was passing down the latter some +two hours later, he was accosted by Mohun in a more or less friendly +way; but while they were talking together, he was attacked and killed by +Hill, who did not give him time to draw his sword. Hill fled, but Mohun +was tried by his peers in Westminster Hall, January 1692-93. The trial +excited great interest partly owing to the youth of the prisoner, and on +a question being raised as to the degree of complicity necessary to +constitute his guilt, he was acquitted. A report of the trial will be +found in _State Trials_, xii. 950. There are also some picturesque +references to it in Chapter xix. of Macaulay's _History_. Mohun fought +another duel in 1694, served for two years in Flanders, returned to +England, and fought a duel with Captain Bingham in St. James's Park, +which was interrupted by the sentries. The same year he was present at +the death of Captain Hill, in the Rummer Tavern. The present case +occurred in 1698, and seems to have closed his career as a rake. He was +sent under Lord Macclesfield on a mission to present the +Electress-Dowager Sophia with a copy of the Act of Succession, and he +frequently took part in debates in the House of Lords. After Lord +Macclesfield's death he became entangled in a long course of litigation +with the Duke of Hamilton; and on their meeting in Master's Chambers, +remarks passed between them which led to a duel, when both were killed. +The Tories suggested that the Whigs had arranged the duel in order to +get rid of Mohun because they were tired of him, and Hamilton, because +they wanted to prevent his projected embassy to France. + +[32] John Lord Somers (1651-1716) was born at Whiteladies, near +Worcester, educated at Trinity College, Oxford, and called in 1676. He +appeared as junior counsel in the trial of the Seven Bishops, at the +instance of Pollexfen (see vol. i. p. 241), and took a conspicuous part +in the settlement of the monarchy after the Revolution, being an +influential member of the Committee which drafted the Declaration of +Rights. He became Solicitor-General in 1689, and Attorney-General in +1692, in which capacity it is curious to notice that he conducted the +prosecution of Lord Mohun for the murder of Mountfort (see _ante_, p. +60). He became William III.'s first Lord Keeper in 1692-3, and Lord +Chancellor in 1697. During all this time he was one of William's most +trusted advisers, and was consulted by him on the most confidential +questions relating to foreign policy. He was also familiar with the +leading literary and scientific men of his time, being responsible for +Addison's pension, and receiving the dedication of the _Tale of a Tub_ +from Swift. He also conferred favours on Rymer and Madox. He resigned +the Great Seal in 1700 after a motion for his perpetual exclusion from +the presence of the King had been defeated by a small majority in the +House of Commons; having already lost the King's confidence by the +position he adopted in regard to William's propositions for a standing +army, and attracted the hostility of the country partly by his +opposition to the bill for the resumption of the grants of forfeited +Irish estates. He played a conspicuous part in the reign of Queen Anne +as the head of the Whig junto formed at the beginning of that reign, but +never resumed office. + +[33] Sir Nathan Wright (1653-1721), born of an Essex family, was +educated at Emmanuel College, and was called in 1677. He was junior +counsel for the Crown in the trial of the Seven Bishops, and opened the +pleadings. He became Serjeant in 1692. On the retirement of Lord Somers +in 1700, a difficulty was found in providing a successor, and eventually +the post of Lord Chancellor was offered to, and accepted by, Wright. He +enjoyed no reputation, good or bad, as a judge, except that he was very +slow, and generally considered unfit for the place. After holding office +for five years he was dismissed on the accession to power by the Whigs +in 1705. Speaking of his appointment as Lord Chancellor, Lord Campbell +says, 'The occasional occurrence of such elevations seems wisely +contrived by Providence to humble the vanity of those who succeed in +public life, and to soften the mortification of those who fail.' + +[34] Thomas Lord Trevor (1659?-1730) was the son of a Secretary of State +of Charles II. He was called in 1680, became a bencher in 1689, +Solicitor-General in 1692, Attorney-General in 1695. He refused to +succeed Lord Somers in 1700; but in 1701 succeeded Sir George Treby as +Chief-Justice of the Common Pleas. He was re-appointed by Queen Anne, +and was one of the twelve peers created by her in 1711 to create a +majority in the House of Lords. He was removed from office in 1714 on +the accession of George I.; but leaving the Tory party, which he had +joined in Anne's reign, became Lord Privy Seal in 1726, and President of +the Council in 1730, but died six weeks afterwards. He enjoyed a +reputation as a good judge; but is chiefly remembered for his proper +conduct of Crown prosecutions as Attorney-General after the Revolution. + +[35] Benefit of clergy was originally the right of the clergy to be +exempt from the jurisdiction of the lay courts, and to be handed over to +the ordinary to make 'purgation.' This the accused clerk did by swearing +to his own innocence and producing twelve compurgators who swore to the +same effect. He was then 'usually acquitted' by a jury of twelve clerks; +but otherwise he was degraded and put to penance. The right itself was +gradually restricted: partly by a construction of the Statute of +Westminster the First (1275), by which it was held to be necessary that +the clerk should be indicted before he could claim his benefit; partly +by the practice prevailing in the time of Henry VI. that he must first +be convicted. Meanwhile its scope had been largely increased by its +extension in 1360 to all lay clerks, who were taken to mean persons +capable of reading. The law, however, which was applicable to the +present case depended on two statutes, 4 Henry VII., c. 13, and 18 +Elizabeth, c. 7; by the former any person allowed his clergy was to be +branded, and was not to be allowed it again unless he was actually in +orders; by the latter purgation was abolished, and any person taking +benefit of clergy was to be discharged from prison subject to the power +of the judge to imprison him for a year. By a statute of Edward _VI._ +also, a peer ('though he cannot read') was allowed a privilege +equivalent to benefit of clergy, but was not to be branded. + +A certain number of offences were excluded from benefit of clergy during +earlier times, and a great number during the eighteenth century, at the +beginning of which the privilege was extended to all prisoners. Finally, +the system was abolished in 1827. How this system, occupying as it did +an important position in the criminal procedure of this country till a +comparatively modern date, impresses a lawyer of the present day, may +best be described in the words of Sir James Stephen:--'Of this branch of +the law, Blackstone characteristically remarks that the English +legislature "in the course of a long and laborious process, extracted by +noble alchemy rich medicines out of poisonous ingredients." According to +our modern views it would be more correct to say that the rule and the +exception were in their origin equally crude and barbarous, that by a +long series of awkward and intricate changes they were at last worked +into a system which was abolished in a manner as clumsy as that in which +it was constructed' (_History of the Criminal Law_, vol. i. p. 458).... +'The result of this was to bring about, for a great length of time, a +state of things which must have reduced the administration of justice to +a sort of farce. Till 1487 any one who knew how to read might commit +murder as often as he pleased, with no other result, than that of being +delivered to the ordinary to make his purgation, with the chance of +being delivered to him _absque purgatione_. That this should have been +the law for several centuries seems hardly credible, but there is no +doubt that it was. Even after 1487, a man who could read could commit +murder once with no other punishment than that of having M. branded on +the brawn of his left thumb, and if he was a clerk in orders he could, +till 1547, commit any number of murders apparently without being branded +more than once' (_Ibid._, vol. i. p. 462). + +[36] Convicted felons were incompetent as witnesses till the passing of +Lord Denman's Act in 1843. + +[37] Sir John Hawles (1645-1716) was born in Salisbury of a Dorsetshire +family. He was educated at Winchester and Queen's College, Oxford. In +1689 he sat in the House of Commons for Old Sarum; he succeeded Sir +Thomas Trevor as Solicitor-General in 1695 and so remained till 1702. He +afterwards represented various western boroughs in Parliament, most of +them Cornish. He was one of the managers of Sacheverell's impeachment in +1710. He died at Upwinborne. + +[38] Sir Thomas Powys (1649-1719), of a Shropshire family, was educated +at Shrewsbury, and was called in 1673. He became Solicitor-General in +1686, and as a supporter of the dispensing power became Attorney-General +in 1687. As such he conducted the prosecution of the Seven Bishops. He +frequently appears for the defence in State Trials during the reign of +William III. He represented Ludlow in Parliament from 1701 to 1713, was +made a Serjeant at the beginning of Anne's reign, and a Judge of the +Queen's Bench in 1713. He was, however, removed from the bench on the +accession of George I. + +[39] To a modern practitioner to whom benefit of clergy is merely an +archaeological puzzle, it would seem that the proper argument was that +the imprisonment was a punishment, and that as French had not been +imprisoned he was quit of the law; but two centuries make a great deal +of difference in arguments on points of law. + +[40] Sir George Treby (1644-1700), the son of a Devon gentleman, entered +Exeter College in 1661, and was called in 1671. He represented his +native town of Plympton in the House of Commons in both Parliaments in +1679, and was a manager in the impeachment of Lord Stafford. He +succeeded Jeffreys as Recorder of London in 1680, but was removed after +the success of the _Quo Warranto_ proceedings. He sat in the Oxford +Parliament of 1681, and resumed his seat as Recorder after the arrival +of the Prince of Orange. He afterwards re-entered Parliament, succeeded +Pollexfen as Solicitor-General in 1689, as Attorney-General in the same +year, and as Lord Chief-Justice of the Common Pleas in 1692. + +[41] Edward Ward was called in 1670, and was engaged to assist Lord +Russell in his trial. He was a candidate for the office of Sheriff of +London in the famous election of 1683 (_ante_, pp. 3, 15). He refused a +judgeship at the Revolution; became Attorney-General in 1693, and Chief +Baron in 1695. He died in 1714. He was an ancestor of the late Mr. G. +Ward Hunt. + +[42] Sir Edward Nevill was called in 1658. He was knighted in 1681, on +presenting an address to Charles II. as Recorder of Bath. He became +Serjeant in 1684, and a Baron of the Exchequer in 1685. He was dismissed +six months afterwards for refusing to support the royal assumption of +the dispensing power. Fosse gives a striking extract from his evidence +before Parliament in 1689, to show how the power of the Executive was +actually brought to bear on the Stewart judges. He was restored to his +office after the Revolution, removed to the Common Pleas in 1691, and +died in 1705. + + + + +SPENCER COWPER AND OTHERS + + +Spencer Cowper,[43] a barrister; Ellis Stephens and William Rogers, +attorneys; and John Marston, a scrivener, were indicted at the Hertford +Summer Assizes in 1699 for the murder of Sarah Stout, on the 13th of the +previous March. They were tried at the same Assizes, before Baron +Hatsell,[44] on the 16th of July. + +The indictment alleged that they had murdered Sarah Stout by strangling +her, and had then thrown her body into the Priory River to conceal the +body. To this, all the prisoners pleaded Not Guilty. + +_Jones_ appeared for the prosecution; Cowper defended himself, and +practically the other prisoners as well. + +The prisoners agreed that Cowper's challenges should be taken to be the +challenges of all of them; and enough jurors were then challenged to +exhaust the panel. Accordingly, after some discussion, Jones was called +upon to show cause for his challenges. + + CLERK OF ARRAIGNS--Call Daniel Clarke. + + HATSELL, BARON--Mr. Jones, if you can say any juryman hath said + anything concerning the cause, and given his verdict by way of + discourse, or showed his affection one way or the other, that + would be good cause of challenge. + + JONES--My lord, then we should keep you here till to-morrow + morning. + + HATSELL, BARON--If there hath been any great friendship between + any juryman and the party, it will look ill if it is insisted + upon. + + COWPER--My lord, I do not insist upon it, but I profess I know + of no friendship, only that Mr. Clarke in elections hath taken + our interest in town; I know I have a just cause, and I am + ready to be tried before your lordship and any fair jury of the + county; therefore I do not insist upon it. + +A jury was then sworn, and _Jones_ opened the case for the prosecution. + + JONES--May it please your lordship, and you gentlemen that are + sworn, I am of counsel for the king in this cause, and it is + upon an indictment by which the gentlemen at the bar stand + accused for one of the foulest and most wicked crimes almost + that any age can remember; I believe in your county you never + knew a fact of this nature; for here is a young gentlewoman of + this county strangled and murdered in the night time. The thing + was done in the dark, therefore the evidence cannot be so plain + as otherwise might be. + + After she was strangled and murdered, she was carried down into + a river to stifle the fact, and to make it supposed she had + murdered herself; so that it was indeed, if it prove otherwise, + a double murder, a murder accompanied with all the + circumstances of wickedness and villainy that I remember in all + my practice or ever read of. + + This fact, as it was committed in the night time, so it was + carried very secret, and it was very well we have had so much + light as we have to give so much satisfaction; for we have + here, in a manner, two trials; one to acquit the party that is + dead, and to satisfy the world, and vindicate her reputation, + that she did not murder herself, but was murdered by other + hands. For my part, I shall never, as counsel in the case of + blood, aggravate; I will not improve or enlarge the evidence + at all; it shall be only my business to set the fact as it is, + and to give the evidence, and state it as it stands here in my + instructions. + + My lord, for that purpose, to lead to the fact, it will be + necessary to inform you, that upon Monday the 13th of March, + the first day of the last assizes here, Mr. Cowper, one of the + gentlemen at the bar, came to this town, and lighted at Mr. + Barefoot's house, and staid there some time, I suppose to dry + himself, the weather being dirty, but sent his horse to Mrs. + Stout's, the mother of this gentlewoman. Some time after he + came thither himself, and dined there, and staid till four in + the afternoon; and at four, when he went away, he told them he + would come and lodge there that night, and sup. + + According to his word he came there, and had the supper he + desired; after supper Mrs. Stout, the young gentlewoman, and he + sat together till near eleven o'clock. At eleven o'clock there + was orders given to warm his bed, openly to warm his bed in his + hearing. The maid of the house, gentlemen, upon this went up + stairs to warm his bed, expecting the gentleman would have come + up and followed her before she had done; but it seems, while + she was warming his bed, she heard the door clap together; and + the nature of that door is such, that it makes a great noise at + the clapping of it to, that any body in the house may be + sensible of any one's going out. The maid upon this was + concerned, and wondered at the meaning of it, he promising to + lie there that night; she came down, but there was neither Mr. + Cowper nor Mrs. Stout; so that we suppose, and for all that we + can find and learn, they must go out together. After their + going out, the maid and mother came into the room; and the + young gentlewoman not returning, nor Mr. Cowper, they sat up + all night in the house, expecting what time the young + gentlewoman would return. The next morning, after they had sat + up all night, the first news of this lady was, that she lay + floating and swimming in water by the mill dam. Upon that there + was several persons called; for it was a surprize how this + should come to pass. There she lay floating with her petticoats + and apron, but her night rail and morning gown were off, and + one of them not found till some time after; and the maid will + give you an account how it came to be found. + + This made a great noise in the country; for it was very + extraordinary, it happening that from the time the maid left + Mr. Cowper and this young gentlewoman together, she was not + seen or heard of till next morning, when she was found in this + condition, with her eyes broad open, floating upon the water. + + When her body came to be viewed, it was very much wondered at; + for in the first place, it is contrary to nature, that any + persons that drown themselves should float upon the water. We + have sufficient evidence, that it is a thing that never was; if + persons come alive into the water, then they sink; if dead, + then they swim; that made some more curious to look into this + matter. At first, it was thought that such an accident might + happen, though they could not imagine any cause for this woman + to do so, who had so great prosperity, had so good an estate, + and had no occasion to do an action upon herself so wicked and + so barbarous, nor cannot learn what reason she had to induce + her to such a thing. Upon view of the body, it did appear there + had been violence used to the woman; there was a crease round + her neck, she was bruised about her ear; so that it did seem as + if she had been strangled either by hands or a rope. + + Gentlemen, upon the examination of this matter, it was wondered + how this matter came about, it was dark and blind. The coroner + at that time, nor these people, had no evidence given, but the + ordinary evidence, and it passed in a day. We must call our + witnesses to this fact, that of necessity you must conclude she + was strangled, and did not drown herself. If we give you as + strong a proof as can be upon the nature of the fact, that she + was strangled, then the second matter under that enquiry will + be, to know who, or what persons, should be the men that did + the fact. I told you before, it was, as all wicked actions are, + a matter of darkness, and done in secret to be kept as much + from the knowledge of men as was possible. + + Truly, gentlemen, as to the persons at the bar, the evidence of + the fact will be very short, and will be to this purpose. + + Mr. Cowper was the last man unfortunately in her company; I + could wish he had not been so with all my heart; it is a very + unfortunate thing, that his name should upon this occasion be + brought upon the stage: but then, my lord, it was a strange + thing, here happens to be three gentlemen; Mr. Marson, Mr. + Rogers, and Mr. Stephens. As to these three men, my lord, I do + not hear of any business they had here, unless it was to do + this matter, to serve some interest or friend that sent them + upon this message; for, my lord, they came to town (and in + things of this nature it is well we have this evidence; but if + we had not been straightened in time, it would have brought + out more; these things come out slowly), these persons, Mr. + Stephens, Mr. Rogers, and Mr. Marson, came to town here on the + thirteenth of March last, the assize day. My lord, when they + came to town, they came to an house, and took lodgings at one + Gurrey's; they took a bed for two, and went out of their + lodging, having taken a room with a large bed in it; and + afterwards they went to the Glove and Dolphin, and then about + eight o'clock one Marson came to them there; in what company + they came, your lordship and the jury will know by and by; they + staid there, my lord, at the Glove from eight to eleven, as + they say. At eleven these three gentlemen came all into their + lodging together to this Gurrey's. My lord, when they came in, + it was very observable amongst them, unless there had been a + sort of fate in it, first, That they should happen to be in the + condition they were; and, secondly, fall upon the discourse + they did at that time; for, my lord, they called for fire, and + the fire was made them; and while the people of the house were + going about, they observed and heard these gentlemen talk of + Mrs. Sarah Stout; that happened to be their discourse; one said + to the other, Marson, she was an old sweetheart of yours: Ay, + saith he, but she cast me off, but I reckon by this time a + friend of mine has done her business. Another piece of + discourse was, I believe a friend of mine is even with her by + this time. They had a bundle of linen with them, but what it + was is not known, and one takes the bundle and throws it upon + the bed; well, saith he, her business is done, Mrs. Sarah + Stout's courting days are over; and they sent for wine, my + lord; so after they had drank of the wine they talked of it, + and one pulled out a great deal of money; saith one to + another, what money have you spent to-day? Saith the other, + thou hast had 40 or 50 pounds for thy share: Saith the other, I + will spend all the money I have, for joy the business is done. + + My lord, this discourse happened to be among them; which made + people of the house consider and bethink themselves; when the + next day they heard of this Mrs. Stout's being found in the + water, this made them recollect and call to mind all these + discourses. + + My lord, after these gentlemen had staid there all night, next + morning, truly, it was observed (and I suppose some account + will be given of it) that Mr. Cowper and they did meet + together, and had several discourses, and that very day went + out of town; and I think as soon as they came to Hoddesden, + made it all their discourse and business to talk of Mrs. Stout. + My lord, we will call our witnesses, and prove all these facts + that I have opened to your lordship; and then I hope they will + be put to give you some account how all these matters came + about. + + +_Call Sarah Walker_ (_who was sworn_). + + JONES--Mrs. Walker, pray give an account to my lord and the + jury, of Mr. Cowper's coming to your house the 13th of March, + and what was done from his coming there at night to his going + out? + + WALKER--May it please you, my lord, on Friday before the last + assizes, Mr. Cowper's wife sent a letter to Mrs. Stout, that + she might expect Mr. Cowper at the assize time; and therefore + we expected Mr. Cowper at that time, and accordingly provided; + and as he came in with the judges, she asked him if he would + alight? He said no; by reason I come in later than usual, I + will go into the town and show myself, but he would send his + horse presently. She asked him, how long it would be before he + would come, because they would stay for him? He said, he could + not tell, but he would send her word; and she thought he had + forgot, and sent me down to know, whether he would please to + come? He said, he had business, and he could not come just + then; but he came in less than a quarter of an hour after, and + dined there, and he went away at four o'clock: and then my + mistress asked him, if he would lie there? And he answered yes, + and he came at night about 9; and he sat talking about half an + hour, and then called for pen, ink and paper, for that, as he + said, he was to write to his wife; which was brought him, and + he wrote a letter; and then my mistress went and asked him, + what he would have for supper? He said milk, by reason he had + made a good dinner; and I got him his supper, and he eat it; + after she called me in again, and they were talking together, + and then she bid me make a fire in his chamber; and when I had + done so, I came and told him of it, and he looked at me, and + made me no answer; then she bid me warm the bed, which + accordingly I went up to do as the clock struck eleven, and in + about a quarter of an hour I heard the door shut, and I thought + he was gone to carry the letter, and staid about a quarter of + an hour longer, and came down, and he was gone and she; and + Mrs. Stout the mother asked me the reason why he went out when + I was warming his bed? and she asked me for my mistress, and I + told her I left her with Mr. Cowper, and I never saw her after + that nor did Mr. Cowper return to the house. + +She sat up all night; she next saw Sarah Stout when she had been taken +out of the water the next morning. On being pressed, she was certain +that it was a quarter after eleven by their clock when Cowper left the +house; their clock was half an hour faster than the town clock. + + COWPER--Pray, what account did you give as to the time before + my lord chief-justice Holt? + + WALKER--I gave the account that it was eleven, or quarter of an + hour after. + + COWPER--In her depositions there is half an hour's difference; + for then she said it was half an hour after ten. + + HATSELL, BARON--Which clock was earliest, yours or the town + clock? + + WALKER--Ours was half an hour faster than theirs. + + COWPER--How came you to know this? + + WALKER--By reason that dinner was dressed at the cook's, and it + was ordered to be ready by two o'clock, and it was ready at two + by the town clock, and half an hour after two by ours. + + COWPER--When you came down and missed your mistress, did you + enquire after her all that night? + + WALKER--No, Sir, I did not go out of the doors; I thought you + were with her, and so I thought she would come to no harm. + + COWPER--Here is a whole night she gives no account of. Pray, + mistress, why did not you go after her? + + WALKER--My mistress would not let me. + + COWPER--Why would she not let you? + + WALKER--I said I would see for her? No, saith she, by reason if + you go and see for her, and do not find her, it will make an + alarm over the town, and there may be no occasion. + + COWPER--Did your mistress use to stay out all night? + + WALKER--No, never. + + COWPER--Have not you said so? + + WALKER--I never said so in my life. + + COWPER--Pray, Mrs. Walker, did you never take notice that your + mistress was under melancholy? + + WALKER--I do not say but she was melancholy; she was ill for + some time; and I imputed it to her illness, and I know no other + cause. + + COWPER--Have you not often told people that your mistress was a + melancholy person, upon your oath? + + WALKER--I have said she hath been ill, and that made her + melancholy. + +The witness admitted that she had bought poison twice within the last +six months; she bought it at her own instance, and not at the order of +Mrs. Stout, or of Mrs. Crooke. She asked for white mercury. She bought +it to poison a dog with; the dog used to come about the house and do +mischief. It was another maid who gave it to the dog; she swore at the +inquest that she had given it because she had seen it given; it was +given in warm milk which did not seem discoloured. + + HATSELL, BARON--You said just now your mistress was ill, and + that made her melancholy; what illness was it? + + WALKER--My lord, she had a great pain in her head. + + HATSELL, BARON--How long had she been troubled with it? + + WALKER--Ever since last May was twelve months was the beginning + of it. + + JONES--Did you ever find her in the least inclined to do + herself a mischief? + + WALKER--No, I never did. + + COWPER--You bought poison twice, did you give all the poison + you bought to the dog? + + WALKER--Yes. + + COWPER--The first and the last? + + WALKER--Yes, the whole. + + COWPER--How much did you buy? + + WALKER--I am not certain how much I bought. + + COWPER--Pray, what mischief did it do the dog? + + WALKER--I cannot tell, he may be alive till now for aught I + know. + + COWPER--What mischief did the dog do? + + WALKER--A great deal, he threw down several things and broke + them. + + JONES--Did Mr. Cowper, upon your oath, hear Mistress Stout give + you order to make his fire, and warm his bed? + + WALKER--He knows best, whether he heard it or no; but he sat by + her when she spake it. + + JONES--Did she speak of it so as he might hear? + + WALKER--Yes, she did; for he was nearer than I. + + JONES--And did not he contradict it? + + WALKER--Not in the least. + + JONES--Was it the old or young woman that gave you the order? + + WALKER--The young woman. + + COWPER--Pray did the dog lap it, or did you put it down his + throat, upon your oath? + + WALKER--No, he lapt it, upon my oath. + + JONES--Did Mr. Cowper send for his horse from your house the + next day? + + WALKER--I cannot say that; I was not in the way. + + JONES--Did he come to your house afterwards? + + WALKER--No, I am sure he did not. + + JONES--Was the horse in your stable when it was sent for? + + WALKER--Yes, sir. + + JONES--And he did not come to your House again, before he went + out of town? + + WALKER--No, sir. + + JONES--Do you know which way he went out of town? + + WALKER--No, Sir. + + HATSELL, BARON--Did Mr. Cowper use to lodge at your house at + the assizes? + + WALKER--No, my lord, not since I came there; the sessions + before he did. + + COWPER--Where did you come to invite me to dinner? + + WALKER--At Mr. Barefoot's. + + COWPER--Then you knew I was to lodge there? + + HATSELL, BARON--Who wrote the letter on Friday, that Mr. Cowper + would lodge there? + + WALKER--I know not who wrote it, his wife sent it. + + JONES--Did he tell you he would lodge there that night before + he went away? + + WALKER--When he went from dinner he said so. + +_James Berry_ could not remember exactly which day it was that Sarah +Stout was found in his mill; but he went out at six o'clock to shoot a +flush of water and saw something floating in the water, and on going to +see what it was, saw that it was part of her clothes. He did not see her +face; no part of her body was above the water, only part of her clothes. +The water might be about five foot deep and she might be about five or +six inches under the water. She lay upon her side; when she was taken +out her eyes were open. + + JONES--Was she swelled with water? + + BERRY--I did not perceive her swelled; I was amazed at it; and + did not so much mind it as I should. + + JONES--But you remember her eyes were staring open? + + BERRY--Yes. + + JONES--Did you see any marks or bruises about her? + + BERRY--No. + + COWPER--Did you see her legs? + + BERRY--No, I did not. + + COWPER--They were not above the water? + + BERRY--No. + + COWPER--Could you see them under the water? + + BERRY--I did not so much mind it. + + COWPER--Did she lie straight or double, driven together by the + stream? + + BERRY--I did not observe. + + COWPER--Did you not observe the weeds and trumpery under her? + + BERRY--There was no weeds at that time thereabouts. + + JONES--Was the water clear? + + BERRY--No, it was thick water. + + JONES--Was there anything under her in the water to prevent her + sinking? + + BERRY--No, I do not know there was; she lay on her right side, + and her right arm was driven between the stakes, which are + within a foot of one another. + + JONES--Did anything hinder her from sinking? + + BERRY--Not that I saw. + + COWPER--Mr. Berry, if I understand you right, you say her arm + was driven between the stakes, and her head between the stakes; + could you perceive her right arm, and where was her left arm? + + BERRY--Within a small matter upon the water. + + HATSELL, BARON--Did you see her head and arm between the + stakes? + + BERRY--Yes, her arm by one stake and her head by another. + + JONES--Did her arm hang down or how? + + BERRY--I did not mind so much as I might have done. + +_John Venables_ and _Leonard Dell_ corroborated Berry's account of the +position of the body, the latter asserting that the right arm did not +reach to the ground. _Dell_ also helped to carry the body to land, but +saw no bruises. + + HATSELL, BARON--When you took her out of the water, did you + observe her body swelled? + + DELL--We carried her into the meadow, and laid her on the + bank-side, and there she lay about an hour, and then was + ordered to be carried into the miller's. + + HATSELL, BARON--Did you observe that any water was in the body? + + DELL--None at all that I could see; but there was some small + matter of froth came from her mouth and nostrils. + + JURYMAN--My lord, I desire to know whether her stays were + laced. + + DELL--Yes, she was laced. + + COWPER--How was she taken out of the water? + + DELL--My lord, we stood upon the bridge, I and another man, + where she lay, and he laid hold of her and took her out. + + JONES--And did you not perceive she was hung? + + DELL--No, my lord. + +_John Ulfe_ saw Mrs. Stout when she was taken out of the water; she lay +there on one side; there was nothing at all to hold her up; she lay +between a couple of stakes, but the stakes could not hold her up. + +_Katherine Dew, Edward Blackno, William Edmunds, William Page, William +How, and John Meager_ all gave the same account of the position and +state of the body, Dew and Ulfe adding that her shoes and stockings were +not muddy. + + JONES--Now, my lord, we will give an account how she was when + she was stript, and they came to view the body. Call John + Dimsdale, junior. (Who was sworn.) + + DIMSDALE--My lord, I was sent for at night on Tuesday the last + assizes. + + COWPER--My lord, if your lordship pleases, I have some + physicians of note and eminency that are come down from London; + I desire that they may be called into Court to hear what the + surgeons say. + + HATSELL, BARON--Ay, by all means. + + COWPER--My lord, there is Dr. Sloane, Dr. Garth, Dr. Morley, + Dr. Gilstrop, Dr. Harriot, Dr. Wollaston, Dr. Crell, Mr. + William Cowper, Mr. Bartlett, and Mr. Camlin. [Who respectively + appeared in Court.] + + JONES--Give an account how you found Mrs. Stout. + + HATSELL, BARON--You are a physician, I suppose, Sir? + + DIMSDALE[45]--A surgeon, my lord. When I was sent for to Mrs. + Stout's, I was sent for two or three times before I would go; + for I was unwilling after I heard Mrs. Stout was drowned; for I + thought with myself, what need could there be of me when the + person was dead? but she still sent; and then I went with Mr. + Camlin, and found a little swelling on the side of her neck, + and she was black on both sides, and more particularly on the + left side, and between her breasts up towards the collar-bone; + and that was all I saw at that time, only a little mark upon + one of her arms, and I think upon her left arm. + + JONES--How were her ears? + + DIMSDALE--There was a settling of blood on both sides the neck, + that was all I saw at that time. + + JONES--How do you think she came by it? + + DIMSDALE--Truly I only gave an account just as I say now to the + gentlemen at that time, I saw no more of it at that time, but + about six weeks after the body was opened by Dr. Phillips---- + + COWPER--My lord, he is going to another piece of evidence and I + would ask him---- + + JONES--Let us have done first; how was her ears? + + DIMSDALE--There was a blackness on both ears, a settling of + blood. + + JONES--Call Sarah Kimpson. + + HATSELL, BARON--Mr. Cowper, now you may ask him anything, they + have done with him. + + COWPER--I would ask him, whether he was not employed to view + these particular spots he mentions at the Coroner's inquest? + + DIMSDALE--I was desired to look upon the face and arms, and + breast, because they said there was a settling of blood there. + + COWPER--When you returned to the Coroner's inquest, what did + you certify as your opinion? + + DIMSDALE--I did certify that there was a settling of blood; but + how it came I could not tell. + + COWPER--I ask you, Sir, did not you say it was no more than a + common stagnation usual in dead bodies? + + DIMSDALE--I do not remember a word of it. + + COWPER--Sir, I would ask you; you say the spot was about the + collar-bone; was it above or below? + + DIMSDALE--From the collar-bone downwards. + + COWPER--Had she any circle about her neck? + + DIMSDALE--No; not, upon my oath. + +_Sarah Kimpson_ saw the body examined; she saw a great bruise behind +the ear, as big as her hand, and another under her collar-bone. + + JONES--Did you see nothing about her neck? + + KIMPSON--Nothing round her neck; on the side of her neck there + was a mark. + + JONES--Was there any other part bruised? + + KIMPSON--Only her left wrist, and her body was very flat and + lank. + +She saw the body the day it was found; it was not swollen; she did not +see any water about it. She had seen a child which was drowned in the +same place about ten weeks before; it was drowned at night and found the +next morning; it was found at the bottom of the river, the eyes were +shut, and the body was very much swelled. + +_Sarah Peppercorn_ saw the body of Sarah Stout when it was brought to +Mrs. Stout's house. She saw bruises on the head and near the ear. Mrs. +Stout asked her whether her daughter had been with child, and she said +she had not; she was a midwife. + + +_Elizabeth Husler_ was sworn. + + JONES--Had you the view of the body of Mrs. Sarah Stout the day + you heard she was drowned? + + HUSLER--She was not drowned, my lord; I went thither and helped + to pull off her clothes. + + JONES--In what condition was her body? + + HUSLER--Her body was very lank and thin, and no water appeared + to be in it. + +There was no water about her mouth and nose; there were bruises at the +top of the collar-bone and upon both her ears. + +_Ann Pilkington_ saw the body, and gave the same evidence as to its +general condition as the other witnesses. + + COWPER--Had she any circle about her neck? + + PILKINGTON--No, not that I did see. + + COWPER--Pray, did you not make some deposition to that purpose + that you know of? + + PILKINGTON--Sir, I never did, and dare not do it. + + COWPER--It was read against me in the King's Bench, and I will + prove it; was not Mr. Mead with you at the time of your + examination? + + PILKINGTON--Yes. + + COWPER--Did he not put in some words, and what were they? + + PILKINGTON--Not that I know of. + + COWPER--But you never swore so, upon your oath? + + PILKINGTON--No, I do not believe I did; if I did it was + ignorantly. + + JONES--Here is her examination, it is 'cross her neck.' + +_Mr. Coatsworth_, a surgeon, was called and deposed that in April he had +been sent for, by Dr. Phillips, to come to Hertford to see the body of +Mrs. Stout, who had been six weeks buried. Various parts of the body +were examined; the woman had not been with child; the intestines and +stomach were full of air, but there was no water in them, or the breast, +or lobes of the lungs; there was no water in the diaphragm. + + Then I remember I said, this woman could not be drowned, for if + she had taken in water, the water must have rotted all the + guts; that was the construction I made of it then; but for any + marks about the head or neck, it was impossible for us to + discover it, because they were so rotten. + +The inspection was made on the 28th of April, and the woman was drowned +on the 13th of March. The doctor had offered to examine the skull, to +see if it had been injured, 'but they did not suspect a broken skull in +the case, and we did not examine it.' All the other parts were sound. + + JONES--Call John Dimsdale. + + COWPER--My lord, I would know, and I desire to be heard to this + point; I think where the Coroner's inquest have viewed the + body, and the relations have been heard, and the body buried, + that it is not to be stirred afterwards for any private + inspection of parties, that intend to make themselves + prosecutors; but if it is to be taken up, it is to be done by + some legal authority; for if it should be otherwise, any + gentleman may be easily trepanned: for instance, if they should + have thought fit, after the Coroner's view, to have broken the + skull into a hundred pieces, this was a private view altogether + among themselves. Certainly, if they intended to have + prosecuted me, or any other gentleman upon this evidence, they + ought to have given us notice, that we might have had some + surgeons among them, to superintend their proceedings. My lord, + with submission, this ought not to be given in evidence. + + HATSELL, BARON--Mr. Cowper, I think you are not in earnest; + there is no colour for this objection: if they did take up the + body without notice, why should not that be evidence? unless + you think they had a design to forswear themselves. + + COWPER--Had you a _Melius Inquirendum_, or any lawful warrant + for making this inspection? + + COATSWORTH--No, there was not. + + HATSELL, BARON--Suppose they did an ill thing in taking up the + body without some order, though I do not know any more ill in + taking up that body than any other; but, however, is that any + reason why we should not hear this evidence? + + COATSWORTH--Mr. Camblin, sir Wm. Cowper's surgeon, was there + by. + +_Mr. Dimsdale, senior_, a surgeon, was sworn and deposed that he had +been sent for on the 28th of April by Mrs. Stout, to view the body of +her daughter. + + Finding her head so much mortified, down to her neck, we + thought all the parts were seized, and had a consultation, + whether we should open her or not; but Mrs. Stout was very + enraged, because a great scandal had been raised, that her + daughter was with child; and she said she would have her opened + to clear her reputation. + +The body was examined, with the same result that the other witness had +described, no water being found either in the stomach or the lungs. + + After this we had a consultation, to consider whether she was + drowned or not drowned; and we were all of opinion that she was + not drowned; only Mr. Camblin desired he might be excused from + giving his opinion whether she was drowned or not; but all the + rest of us did give our opinions that she was not drowned. + +The grounds for this opinion were the absence of water from the lungs +and intestines; and this was a sign which would show whether she had +been drowned or not weeks after her death. In answer to Cowper he +admitted that he had never seen a body opened which had been drowned six +weeks. If a body had been drowned a fortnight, the bowels would be so +rotten that it would be impossible to come near it. + +_John Dimsdale, junior_, believed that the body had not been drowned, +and signed a certificate to that effect after looking at the body; he +believed it, because he found no water in the body. He had seen the +child that was drowned the morning after it was drowned, and had found +abundance of water in the body then. + +_Dr. Dimsdale_ saw the body after it was opened, and on finding no water +in the thorax or abdomen, signed the certificate. Had the woman been +drowned he would have expected to find water in the thorax. + + COWPER--Is it possible there should be water in the thorax + according to your skill? + + DIMSDALE--Yes, we did think there would have been, if she had + been drowned. + +He would have expected to find traces of it after six weeks. + + COWPER--Pray by what passage does the water go into the thorax? + + DIMSDALE--It will be very difficult for me to describe the + manner here; but we should have found some in the stomach and + intestines. + + COWPER--Pray, sir, how should it go into the thorax? + + DIMSDALE--By the lymphaeduct, if carried by any means. + +No water would come into a body after it was dead, but he questioned +whether or not it might come into the windpipe. + + COWPER--Sir, I would ask you, was you not angry that Mr. + Camblin would not join with you in opinion? + + DIMSDALE--No. + + COWPER--Did you not tell him that you were a graduate + physician, and was angry he would not join you? + + DIMSDALE--Suppose I did? + + HATSELL, BARON--But did you so or no? + + DIMSDALE--Yes, my lord, we had some words about it. + + JONES--Swear Dr. Coatsworth. (Which was done.) Now, my lord, we + call these gentlemen that are doctors of skill, to know their + opinions of them that are found floating without water in + them, how they came by their death. + + DR. COATSWORTH--I have not seen many drowned bodies to make + observation upon; but it is my opinion, that every body that is + drowned, is suffocated by water passing down the windpipe into + the lungs upon respiration; and at the same time, the water + pressing upon the gullet, there will be a necessity of + swallowing a great part of it into the stomach; I have been in + danger of being drowned myself, and I was forced to swallow a + great quantity of water. If a person was drowned, and taken out + immediately, as soon as the suffocation was effected, I should + not wonder if there were but little water in the stomach and + guts; but if it lay in the water several hours, it must be very + strange if the belly should not be full of water; but I will + not say, it is impossible it should be otherwise. + + COWPER--I desire to know, whether this gentleman attempted to + drown himself, or was in danger of being drowned by accident? + + DR. COATSWORTH--It was by accident: I was passing up the + ship-side, and took hold of a loose rope instead of the + entering rope, which failing me, I fell into the water. + + COWPER--But you struggled to save yourself from drowning? + + DR. COATSWORTH--I did so; I have seen several persons that have + been drowned, and they have lain several days, until by + fermentation they have been raised; but I never made my + observations of any persons that have been drowned above six + hours. + + JONES--Did you ever hear of any persons that, as soon as they + were drowned, had swam above water? + + DR. COATSWORTH--I have not known such a case. + + COWPER--Did you ever know, Sir, a body that was otherwise + killed, to float upon the water? + + DR. COATSWORTH--I never made any observation of that. + + HATSELL, BARON--Dr. Browne has a learned discourse, in his + _Vulgar Errors_, upon this subject, concerning the floating of + dead bodies; I do not understand it myself, but he hath a whole + chapter about it.[46] + + +_Then Dr. Nailor was sworn._ + + JONES--We ask you the same question that Dr. Coatsworth was + asked, What is your opinion of dead bodies? If a body be + drowned, will it have water in it or no? + + DR. NAILOR--My lord, I am of opinion, that it will have a + quantity if it be drowned; but if there be no water in the + body, I believe that the person was dead before it was put into + the water. + + COWPER--I would ask the doctor one question, my lord, Whether + he was not a constant voter against the interest of our family + in this corporation? + + DR. NAILOR--I never did come to give a vote but sir William + Cowper, or his son, opposed me, and said I had no right to + vote. + + COWPER--I would have asked the same question of the Dimsdales, + if I had remembered it; they are of another party, as this + gentleman is. + + HATSELL, BARON--It is not at all material, as they are + witnesses. Then call Mr. Babington. (Who was sworn.) + + JONES--Pray, what is your opinion of this matter? + + BABINGTON--I am of opinion, that all bodies that go into the + water alive and are drowned, have water in them, and sink as + soon as they are drowned, and do not rise so soon as this + gentlewoman did. + + COWPER--Pray, what is your profession, Sir? + + BABINGTON--I am a surgeon. + + COWPER--Because Mr. Jones called you doctor. + + HATSELL, BARON--Did you ever see any drowned bodies? + + BABINGTON--Yes, my lord, once I had a gentlewoman a patient + that was half an hour under water, and she lived several hours + after, and in all that time she discharged a great quantity of + water; I never heard of any that went alive into the water, and + were drowned, that floated so soon as this gentlewoman did; I + have heard so from physicians. + + HATSELL, BARON--I have heard so too, and that they are forced + to tye a bullet to dead bodies thrown into the sea, that they + might not rise again. + + COWPER--The reason of that is, that they should not rise again, + not that they will not sink without it. But I would ask Mr. + Babington, whether the gentlewoman he speaks of went into the + water voluntarily, or fell in by accident? + + BABINGTON--By accident, but I believe that does not alter the + case. + +_Dr. Burnet_ was called, and expressed an opinion that if a person +jumped into the water or fell in by accident they would swallow and +inhale water as long as they were alive, but not afterwards; and that +they would sink. + +_Dr. Woodhouse_ expressed the same opinion. If a person had swallowed +water in drowning, signs of it would be visible some time afterwards. + + JONES--Call Edward Clement. (Who was sworn.) Are not you a + seaman? + + CLEMENT--Yes, Sir. + + JONES--How long have you been so? + + CLEMENT--Man I have writ myself but six years, but I have used + the sea nine or ten years. + + JONES--Have you known of any men that have been killed, and + thrown into the sea, or who have fallen in and been drowned? + Pray tell us the difference as to their swimming and sinking. + + CLEMENT--In the year '89 or '90, in Beachy fight, I saw several + thrown overboard during the engagement, but one particularly I + took notice of, that was my friend, and killed by my side; I + saw him swim for a considerable distance from the ship; and a + ship coming under our stern, caused me to lose sight of him, + but I saw several dead bodies floating at the same time; + likewise in another engagement, where a man had both his legs + shot off, and died instantly, they threw over his legs; though + they sunk, I saw his body float: likewise I have seen several + men who have died natural deaths at sea, they have when they + have been dead had a considerable weight of ballast and shot + made fast to them, and so were thrown overboard; because we + hold it for a general rule, that all men swim if they be dead + before they come into the water; and on the contrary, I have + seen men when they have been drowned, that they have sunk as + soon as the breath was out of their bodies, and I could see no + more of them. For instance, a man fell out of the _Cornwall_, + and sunk down to rights, and seven days afterwards we weighed + anchor, and he was brought up grasping his arm about the cable, + and we have observed in several cases, that where men fall + overboard, as soon as their breath is out of their bodies they + sink downright; and on the contrary, where a dead body is + thrown overboard without weight, it will swim. + + JONES--You have been in a fight; how do bodies float after a + battle? + + CLEMENT--Men float with their heads just down, and the small of + their back and buttocks upwards; I have seen a great number of + them, some hundreds in Beachy-head fight, when we engaged the + French. I was in the old _Cambridge_ at that time. I saw + several (what number I will not be positive, but there were a + great number, I cannot guess to a score) that did really swim, + and I could see them float for a considerable distance. + + JONES--Have you seen a shipwreck? + + CLEMENT--Yes; the _Coronation_, in September 1691. I was then + belonging to the _Dutchess_, under the command of captain + Clement; we looked out and see them taking down their masts; we + saw the men walking up and down on the right side, and the ship + sink down, and they swam up and down like a shoal of fish one + after another; and I see them hover one upon another and see + them drop away by scores at a time; and there was an account of + about nineteen that saved themselves, some by boats, and others + by swimming; but there were no more saved out of the ship's + complement, which was between five and six hundred, and the + rest I saw sinking downright, some twenty at a time. There was + a fisherman brought our captain word, that in laying in of his + nets he drew up some men close under the rocks that were + drowned belonging to the _Coronation_. We generally throw in + bags of ballast with them. + + JONES--I suppose all men that are drowned, you sink them with + weights? + + CLEMENT--Formerly shot was allowed for that purpose; there used + to be threescore weight of iron, but now it is a bag of ballast + that is made fast to them. + + JONES--Then, you take it for a certain rule, that those that + are drowned sink, but those that are thrown overboard do not? + + CLEMENT--Yes; otherwise why should the government be at that + vast charge to allow threescore or fourscore weight of iron to + sink every man, but only that their swimming about should not + be a discouragement to others? + + +_Then Richard Gin was sworn._ + + JONES--You hear the question; pray what do you say to it? + + GIN--I was at sea a great while, and all the men that I see + turned overboard had a great weight at their heels to sink + them. + + JONES--Then will they swim otherwise? + + GIN--So they say. + + JONES--Are you a seaman? + + GIN--I went against my will in two fights. + + JONES--Then, gentlemen of the jury, I hope we have given you + satisfaction that Mrs. Stout did not drown herself, but was + carried into the water after she was killed. That was the first + question; for if it be true that all dead bodies when they are + put into the water do swim, and the bodies that go alive into + the water and are drowned do sink, this is sufficient evidence + that she came by her death not by drowning, but some other way. + Now, my lord, as to the second matter, and that is to give such + evidence as we have against these gentlemen at the bar. Mr. + Cowper, it appears, was the last man that any one give an + account of was in her company. What became of her afterwards, + or where they went, nobody can tell; but the other witnesses + have given you evidence that he was the last man that was with + her. I shall only give this further evidence as to Mr. Cowper, + that notwithstanding all the civility and kindnesses that + passed between him and this family, when the bruit and noise of + this fact was spread abroad, Mr. Cowper did not come to + consider and consult with old Mrs. Stout what was to be done; + but he took no manner of notice of it, and the next day he rode + out of town, without further taking notice of it. Call _George + Aldridge_ and _John Archer_. + + +_John Archer was sworn._ + + JONES--Do you know anything of Mr. Cowper's going out of town + about this business of Mrs. Stout's being drowned? + + ARCHER--Yes, I did see him go out of town afterwards. + + JONES--Which way did he go? + + ARCHER--He went the way back from the Glove; I suppose he came + that way. + + COWPER--What day was it I went? Is it not the way that I used + to go when I go the Circuit into Essex? + + ARCHER--Yes, I believe so. + + COWPER--I lodged at Mr. Barefoot's, and he has a back-door to + the Glove, where my horse was, and I went the direct way into + Essex, and it was Wednesday morning: What day was it you see me + go? + + ARCHER--It was on the Wednesday morning. + + COWPER--That was the very day I went into Essex. + + +_Then George Aldridge was sworn._ + + JONES--When did Mr. Cowper go out of town the last assizes? + + ALDRIDGE--On Wednesday. + + JONES--Which way did he go? + + ALDRIDGE--He went the way to Chelmsford. + + JONES--Did you not fetch his horse from Stout's? + + ALDRIDGE--Yes, sir. + + JONES--How often did you go for it? + + ALDRIDGE--Three times. + + JONES--When? + + ALDRIDGE--On Tuesday night I sent once, and went twice myself; + the first time there was nobody at home to deliver the horse; + so I went to Mr. Stout's, and asked him about the horse, and he + said he could not deliver him till the maid went home; and then + I went about eleven o'clock and had the horse. + + HATSELL, BARON--Was it eleven at night? + + ALDRIDGE--Yes, my lord. + + COWPER--When I sent you to fetch my horse, what directions did + I give you? + + ALDRIDGE--You gave me directions to fetch your horse, because + you said you should have occasion to go out next morning + betimes with the judge. + + COWPER--The reason I sent for my horse was this; when I heard + she had drowned herself, I think it concerned me in prudence to + send a common hostler for him, for fear the lord of the manor + should seize all that was there as forfeited.[47] + + HATSELL, BARON--There was no danger of that, for she was found + _Non compos mentis_. + + COWPER--No, my lord, I sent before the verdict. + + JONES--It seems you did not think fit to go and take horse + there yourself, though you put your horse there. + + Now, my lord, we will go on, and give the other evidence that + we opened concerning these three other gentlemen that came to + town; two of them took lodgings at Gurrey's at five in the + afternoon, but did not come in till between eleven and twelve, + and then they brought another in with them; and though he had + been in town five or six hours, his feet were wet in his shoes, + and his head was of a reeky sweat; he had been at some hard + labour I believe, and not drinking himself into such a sweat. + + Call _John Gurrey_, _Matthew Gurrey_, and _Elizabeth Gurrey_. + + +_John Gurrey was sworn._ + + JONES--Do you know any of the gentlemen at the bar? + + J. GURREY--Yes. + + JONES--Name who you know. + + J. GURREY--There is Mr. Stephens, Mr. Rogers, and Mr. Marson. + + JONES--Pray do you remember when they took lodging at your + house? + + J. GURREY--The last assizes; when they first came, there was + only Mr. Stephens and Mr. Rogers. + + JONES--At what time did they take it? + + J. GURREY--I was at church, and cannot tell that, they hired + the lodgings of my wife. + + JONES--What can you say more? + + J. GURREY--I was in at night when they came; there came three + of them at eleven at night, whereof Mr. Marson was the third + person and he said he was destitute of a lodging and he asked + for a spare bed; my wife told him she had one, but had let it; + whereupon Mr. Stevens and Mr. Rogers said he should lodge with + them; so they went up altogether, and they called for a fire to + be kindled, and asked for the landlord, which was I, and they + asked me to fetch a bottle of wine, and I told them I would + fetch a quart, which I did, and then they asked me to sit down + and drink with them, which I did; and then they asked me if one + Mrs. Sarah Stout did not live in the town, and whether she was + a fortune? I said Yes. Then they said they did not know how to + come to the sight of her; and I said I would shew them her + to-morrow morning, not questioning but I might see her sometime + as she was coming down the street; so they said they would go + to see her. Mr. Rogers and Mr. Stephens charged Mr. Marson with + being her old sweet-heart; saith Mr. Marson, she hath thrown me + off, but a friend of mine will be even with her by this time. + + HATSELL, BARON--What o'clock was it then? + + J. GURREY--I reckon eleven of the clock when they came in. + + HATSELL, BARON--Did you observe in what condition Mr. Marson + was in? + + J. GURREY--I did not observe, only that he was hot, and put by + his wig; I see his head was wet, and he said he was just come + from London, and that made him in such a heat. + + JONES--Had he shoes or boots on? + + J. GURREY--I did not observe that. + + JONES--What did they do the next day? + + J. GURREY--The next morning I heard this party was in the + water; I sat up all night, and was fain to wait till my + daughter came down to look after the shop; and then I went to + see her, and she removed into the barn, and they were wiping + her face, closing her eyes, and putting up her jaws; and as I + came back these persons were walking, and I met Mr. Marson and + Mr. Stephens, and told them the news; said I, this person has + come to a sad accident: say they, so we hear; but nevertheless + we will be as good as our word, and go and see her. I went with + them and overtook Mr. Rogers; and Marson said we are going to + see Mrs. Stout. 'O landlord!' said Rogers, 'you may take up + that rogue' (pointing at Mr. Marson) 'for what he said last + night'; but I did not think, they speaking so jocularly, that + there was any suspicion of their being concerned in the murder. + A second time I went, the barn-door was locked; I knocked, and + they opened it, and let us in, and they uncovered her face to + let me see her, and I touched her; and looking about for them + they were gone, and I cannot say they see her or touched her: + Then Mr. Marson and they were consulting how to send a + great-coat to London, and I directed them to a coachman at the + Bell-inn; but I did not hear he went to enquire after the + coachman; then they went to your lordship's chamber, and I went + home; and about eleven o'clock I saw Mr. Marson and Mr. + Stephens coming down with Mr. Spencer Cowper. + + MARSON--I did not go out that night after I came in. + + JONES--No; we agree that. Did you see Mr. Cowper and these + gentlemen together? + + J. GURREY--Only at eleven o'clock on Tuesday noon, Mr. Cowper, + Mr. Marson, and Mr. Stephens were coming down to the market + place. + + JONES--Did not they take their leave of you when they went away + from you that forenoon? + + J. GURREY--No; only in the morning they told me they would send + me word at noon if they intended to lodge there. + + MARSON--I desire to know of Mr. Gurrey, if his sister was not + in the room when we came in? + + J. GURREY--She was in our house that day; but whether when they + came in I cannot tell. + + COWPER--Pray, have you not had some discourse with your sister, + the widow Davis, concerning some suspicion that you had of + Sarah Walker, that hath been produced as a witness? + + J. GURREY--I do not remember any such. + + COWPER--Then did not you say these words, We must not concern + ourselves with Sarah Walker, for she is the only witness + against the Cowpers? + + J. GURREY--I cannot remember any such thing. + + HATSELL, BARON--You may answer according to the best of what + you remember; if you say you have forgot when you have not, you + are forsworn. + + COWPER--If your lordship pleases to give leave to Mr. Gurrey to + recollect himself, I ask him, Whether he did not talk with his + sister Davis about some suspicion his wife and he had about + Sarah Walker, the maid-servant of the deceased? + + J. GURREY--I believe there might be some talk of a person that + was seen to go into the churchyard at some distance with Sarah + Walker. + + COWPER--Did your wife say that she did suspect that person? + + J. GURREY--Yes. + + COWPER--Did your wife say they behaved themselves strangely, + and that she would have persuaded the widow Blewit to have + watched her? + + J. GURREY--There was something of that. + + COWPER--Was there not some such words, that they must not + meddle with Sarah Walker, for she is the witness against the + Cowpers? + + J. GURREY--I said, Do not concern yourself with Sarah Walker, + for fear of taking off her evidence. + + COWPER--Pray did not the widow Davis warm the sheets for these + gentlemen? + + J. GURREY--She was with my wife, but I cannot say whether she + warmed the sheets. + + COWPER--When they came home, had you any lodgers that wanted to + come home? Had not you one Gape? + + J. GURREY--I cannot say whether he was in before or after them. + + COWPER--Did not you say to your sister Davis, Now these + gentlemen are in bed, if Mr. Gape would come home, our family + would be quiet? + + J. GURREY--I do not remember that. + + COWPER--Pray, did not you go to look for Mr. Gape? + + J. GURREY--Yes, I went to Hockley's. + + COWPER--Who did you employ to speak to Mr. Gape? + + J. GURREY--Mrs. Hockley. + + COWPER--When you came home to your own house, and after you + had been at Hockley's to speak with Mr. Gape, what account did + you give of the time of night, and other particulars? + + J. GURREY--I gave no account of the time. + + COWPER--Not to Mrs. Davis? + + J. GURREY--I cannot tell whether I did or no. + + COWPER--Did not you say, Mr. Gape asked Mrs. Hockley what + a-clock it was? + + J. GURREY--No, I do not remember that; but Mrs. Hockley went + in, and told him what time of night it was; it was eleven or + twelve of the clock, which I cannot say. + + JONES--Call Martha Gurrey. (Who was sworn.) Which of these + gentlemen do you know? + + MRS. GURREY--Mr. Marson, Mr. Rogers, and Mr. Stephens. + + JONES--What time of the night was it when they came to your + house? give an account of it, and what you heard them say. + + MRS. GURREY--It was a little after five, or thereabouts that + they came. + + JONES--Who came? + + MRS. GURREY--Mr. Stephens, and Mr. Rogers, and there was one + Mr. Gilbert, that married a first cousin of mine; he came and + asked me for my husband; and I asked him his business, and he + said he wanted to speak to him. + + JONES--Pray come to these men; when did they come to your + house? + + MRS. GURREY--They hired the lodging at five of the clock. When + they first came to see them I was not at home; Mr. Gilbert + brought them, and as I was coming along the street I saw Mr. + Gilbert walking off, and would not look at me. + + JONES--When did they go out? + + MRS. GURREY--They never staid there. + + JONES--When did they come in again? + + MRS. GURREY--Between eleven and twelve. + + HATSELL, BARON--What did they do when they came again? + + MRS. GURREY--I was laying on some sheets two pairs of stairs + when they came, and then there was three of them; so they saw + me a little after, and begged my excuse for bringing in + another, for they said it was so late that they could not get a + lodging any where else: and said, if I thought fit, the + gentleman should lie with them: And I told them I liked it very + well. + + JONES--What firing had they? + + MRS. GURREY--The firing I laid on in the morning, and they sent + for my husband to fetch them some wine. + + JONES--What did you hear them talk on? + + MRS. GURREY--They discoursed with my husband, and asked him if + he knew Mrs. Sarah Stout; and one of them said to Mr. Marson, I + think she was an old sweetheart of yours; Ay, said he, but she + turned me off, but a friend of mine is even with her: And Mr. + Rogers said he was in with her; and afterwards said, her + business was done. They had a bundle, that was wrapt up in pure + white cloth, like to an apron, but I cannot say it was an + apron; and there was a parcel hanging loose by it; and when he + laid it down he said, he would pass his word Mrs. Sarah Stout's + courting days were over; and I said, I hoped it was no hurt to + the gentlewoman; and then I looking upon Mr. Marson, saw him + put his peruke aside, and his head reeked, and he told them he + was but just come from London that night, which made him + disappointed of a lodging. + + JONES--What did you hear them say about any money? + + MRS. GURREY--I asked them how they would have their bed warmed? + And Mr. Marson answered, very hot: With that I went down to + send my daughter up, and she could not go presently; I told her + then she must go as soon as she could. + + HATSELL, BARON--Pray, do not tell us what passed between you + and your daughter: What do you know of these gentlemen? + + MRS. GURREY--I went to the next room, to see if every thing was + as it should be; I hearkened, and they had some discourse about + money, and I heard somebody (I do not know who it should be + except it were Mr. Stephens) answer and say, the use money was + paid to-night; but what money they meant I cannot tell. + + JONES--What did you find when they were gone? + + MRS. GURREY--Sir, I found a cord at the end of the trunk. + + JONES--Was it there in the morning, or before they came? + + MRS. GURREY--No, it could not have been, for I swept my room, + and wiped down the dust. + + JONES--Was the cord white? + + MRS. GURREY--No, it was more dirty than it is now, for my + husband and I have worn it in our pockets. + + COWPER--Pray, who brought the cord down from above stairs? + + MRS. GURREY--My daughter that lived with me, and she laid it + upon the shelf. + + COWPER--Did not you hear there was a coroner's inquest sitting? + + MRS. GURREY--The next day at night I did hear of it. + + COWPER--Why did not you go to the coroner's inquest and give an + account of it there? + + MRS. GURREY--I told my husband of it, and I asked my husband if + he did not hear what they said concerning Mrs. Sarah Stout? And + he answered, yes, they ought to be taken up for the words they + said last night: Why, saith I, do not you take notice of it? I + think you ought to take them up. But he went out of doors, and + I saw no more of him till the afternoon. When I heard the + words, I thought somebody had stole away and got to bed to her. + + COWPER--Pray, if your husband heard these words, why did not he + go to the coroner's inquest? + + MRS. GURREY--I did speak to him to have them taken up. + + COWPER--Why did he not do it? + + MRS. GURREY--He said he would not do it, he did not know but it + might cost him his life. + + JONES--How came you after this to discover it? + + MRS. GURREY--Because I was so troubled in mind I could not rest + night nor day; and I told him if he would not tell of it, I + would tell of it myself, for I was not able to live. + + +_Elizabeth Gurrey was sworn._ + + JONES--Pray, do you know Mr. Rogers, Mr. Stephens, and Mr. + Marson? + + E. GURREY--I know Mr. Marson, and these are the other + gentlemen, I reckon. + + JONES--What discourse did you hear from them? + + E. GURREY--Mr. Marson asked the other gentlemen how much money + they had spent? the other answered, what was that to him? you + have had forty or fifty pounds to your share. Then the other + asked him, whether the business was done? And he answered, he + believed it was; but if it was not done, it would be done + to-night. Then, my lord, he pulled a handful of money out of + his pocket, and swore he would spend it all for joy the + business was done. + + JONES--Was Mr. Cowper's name mentioned? + + E. GURREY--I heard them mention Mr. Cowper's name, but not Mrs. + Sarah Stout's. + + JONES--What condition was the gentleman's shoes in? + + E. GURREY--I think it was Mr. Marson, his shoes were very wet + and dirty; one of them was very hot, and he wiped his head with + his handkerchief. + + JONES--Now, my lord, we have done as to our evidence. Mr. + Marson pretended he was just then alighted and come from + London, and was in a great heat, and his shoes were wet: for + when he was examined, he said, he came to town about eight of + the clock, and went to the Glove and Dolphin inn, and stayed + there till he came to his lodging. Now it was a wonderful thing + that he should come wet shod from a tavern, where he had been + sitting four or five hours together. + + +_Then the Examination of Mr. John Marson was read_: + + The Examination of JOHN MARSON, taken before me, this 27th day + of April, 1692. + + 'Who being examined where he was on Monday the 13th of March + last, saith, That he was at the borough of Southwark (he being + an attorney of the said court) till past 4 of the clock in the + afternoon; and saith, that he set out from Southwark for + Hertford soon after, and came to Hertford about eight the same + afternoon, and put up his horse at the sign of , an inn + there, and then went to the Hand and Glove, together with + Godfrey Gimbart, esq., Ellis Stephens, William Rogers, and some + others, where they stayed till about eleven of the clock at + night, and then this examinant went thence directly to the + house of John Gurrey, with the said Stephens and Rogers, who + lay together in the said Gurrey's house all that night. And + being asked what he said concerning the said Mrs. Sarah Stout, + deceased, this examinant saith, that on Sunday the 12th of + March last, this examinant being in company with one Thomas + Marshall, and telling him that this examinant intended the next + day for Hertford, with the marshal of the King's Bench, the + said Thomas Marshall desired this examinant and the said + Stephens, who was then also in company, that they would go and + see the said Sarah Stout (his sweetheart). He confesseth, that + he did ask the said Gurrey, if he would shew this examinant + where the said Stout lived; telling the said Gurrey that his + name was Marshall, and asked him if he never heard of him + before; and jocularly said, that he would go and see her the + next morning, but doth not believe that he said any thing that + any friend was even with the said Sarah Stout, or to such like + effect. And doth confess, that he did the next day, upon the + said Gurrey's telling him that the said Stout was drowned, say, + that he would keep his word, and would see her. And saith, that + meeting with Mr. Cowper (who is this examinant's acquaintance) + he believes he did talk with him concerning the said Stout's + being drowned, this examinant having seen her body that + morning. + + JOHN MARSON. + + '_Cogn. Die et Anno antedict. + Coram J. Holt._' + + JONES--All that I observe from it, is this: That he had been + five hours in town, and when he came to his lodging, he came in + wet and hot, and said he was just come from London. + + MARSON--I had rid forty miles that day, and could not be soon + cold. + + HATSELL, BARON--They have done now for the king; come, Mr. + Cowper, what do you say to it? + + JONES--If your lordship please, we will call one witness more, + Mary Richardson. Mrs. Richardson, do you know Mr. Marson, or + any of these gentlemen? + + MRS. RICHARDSON--They came on Tuesday night to the Bell at + Hoddesdon, and lay there, and one of the gentlemen, when I was + warming the sheets, asked me if I knew Mrs. Sarah Stout? And I + said Yes. He asked me if I knew which way she came to her end? + And I told him I could not tell. + + JONES--Is that all? What did they say more? + + MRS. RICHARDSON--They did desire and wish it might be found out + how it came about; and one gentleman took no notice of her at + all. They had a little bundle, but what was in it I cannot + tell, but there I saw it bound up in some coloured stuff or + other, but what it was I cannot tell. + + JONES--Is that all you can say? + + MRS. RICHARDSON--Yes, that is all. + + JONES--Then we have done. + + HATSELL, BARON--Come, Mr. Cowper, what do you say to it? + + COWPER--Now they have done on the part of the king, my lord, + and you gentlemen of the jury, I must beg your patience for my + defence. I confess it was an unfortunate accident for me (as + Mr. Jones calls it) that I happened to be the last person (for + aught appears) in the company of a melancholy woman. The + discourse occasioned by this accident had been a sufficient + misfortune to me, without any thing else to aggravate it; but I + did not in the least imagine that so little, so trivial an + evidence as here is, could possibly have affected me to so + great a degree, as to bring me to this place to answer for the + worst fact that the worst of men can be guilty of. + + My lord, your lordship did just now observe, that I have + appeared at the bar for my clients; but I must say too, that I + never appeared for myself under this, or the like + circumstances, as a criminal, for any offence whatsoever. + +He then goes on to point out that there is no positive evidence against +him, but only suppositions and inferences--what to-day would be called +circumstantial evidence; and that even admitting the evidence of the +prosecution, it is as strong to show that the deceased woman was not +murdered as that she was. Even if the evidence proved that Mrs. Stout +was murdered, there was nothing to show that he or his fellow-prisoners +were guilty of the murder. The body was not floating when it was found, +as could be shown by the parish officers who were employed by the +coroner to take it out of the water. It in fact had sunk, and had then +been carried by the force of the stream sideways up the stakes which +were about a foot apart pointing down stream; and yet the alleged fact +that the body was floating was the only evidence produced to prove that +the woman was not drowned. Evidence would be given to prove that the +fact that the body contained little or no water was immaterial, for +drowning takes place when only a very little water is received into the +lungs; and in a case of suicide it is probable that water would enter +the lungs sooner than it would in cases of accident. As to the evidence +derived from the examination of the body after exhumation, it ought not +to have been given, as the exhumation was itself an offence; 'but as it +is I have no reason to apprehend it, being able to make it appear that +the gentlemen who spoke to this point have delivered themselves in that +manner either out of extreme malice, or a most profound ignorance; this +will be so very plain upon my evidence, that I must take the liberty to +impute one or both of these causes to the gentlemen that have argued +from their observations upon that matter.' + +It had been suggested that he had an interest in the death of the +deceased by reason of holding money of hers which he had received as her +trustee or guardian. He had been concerned in investing some L200 in a +mortgage for the deceased the previous December; he had paid over this +money to the mortgagees, and the mortgage had been found by the +prosecutors among the papers of the deceased after her death. This was +the only money transaction he had ever had with her. The prosecution had +proved that there was no concealment of shame to induce him to murder +her; and that, though they had no inclination to favour him. + +He would produce evidence to show that the dead woman committed suicide, +though he only did so most unwillingly and under compulsion. The +prosecution had shown that she was melancholy, and he could show that +she had reason for making away with herself. This he would do by +producing letters of hers, which were he alone concerned he would not +allude to; but as he was in honour bound to make the best defence he +could for his fellow-prisoners, he had no choice in the matter. + +The maid Walker was the only person who gave any direct evidence against +him, and she said that she heard the door shut at a quarter past eleven, +and that on going downstairs directly afterwards she found that both he +and the deceased had left the house. But he would prove that he had +entered the Glove Inn as the town clock struck eleven, that he had +stayed there a quarter of an hour, that after he had done several things +at his lodgings he had gone to bed by twelve, and had not gone out +again that night. He had sent to fetch his horse from Mrs. Stout's +house on Tuesday morning, as was only prudent, but he had told the man +whom he sent that he would not want it till the next day, when he was +going into Essex with the rest of the circuit, which he did. + +He had not heard that his name was connected with Mrs. Stout's death +till two months after the event; and the prosecution had in fact been +set on foot by the Quakers, who were scandalised at the idea of one of +their number committing suicide, and the political opponents of his +father and brother in the town. + +Cowper went on to explain that he always had the offer of a share in his +brother's lodgings, which were some of the best in the town, whenever +the latter went circuit, 'which out of good husbandry I always +accepted.' At the time of the last circuit, when the present case arose, +Parliament was sitting, and his brother 'being in the money chair,' +could not attend. As Cowper had been invited to lodge with Mrs. Stout +during the assizes and wished to accept the invitation, he asked his +brother to ask Barefoot, the keeper of his lodgings, to dispose of them +if he could. The brother said he would do so 'if he could think on it,' +and accordingly Cowper went down to Hertford intending to lodge with +Mrs. Stout unless his brother had failed to write to Barefoot. On +arriving at Hertford he found that his brother had not written to +Barefoot, and that the rooms there were ready for him. He accordingly +stayed there, sent to the coffee-house for his bag, and took up his +lodging at Barefoot's as usual. As soon as he had done this, the maid +Walker came round from Mrs. Stout's to invite him to dinner there. He +accepted the invitation, and also a further invitation to come again in +the evening; but he did not agree to sleep there. When he came the +second time he paid the deceased the interest on her mortgage, some six +pounds odd, in guineas and half-guineas, which money was found in her +pocket after she was drowned. He wrote a receipt for the money, which +she refused to sign; she pressed him to stay there that night, which he +refused to do. + +He then went on:-- + + 'My lord, I open my defence shortly, referring the particulars + to the witnesses themselves, in calling those who will fully + refute the suppositions and inferences made by the prosecutor, + whom first, my lord, I shall begin with, to show there is no + evidence of any murder at all committed; and this I say again, + ought to be indisputably made manifest and proved, before any + man can be so much as suspected for it. + + HATSELL, BARON--Do not flourish too much, Mr. Cowper; if you + have opened all your evidence, call your witnesses, and when + they have ended, then make your observations. + + MR. COWPER--Then, my lord, I will take up no more of your time + in opening this matter. Call Robert Dew. (Who appeared.) When + Mrs. Sarah Stout drowned herself, was not you a parish officer? + + DEW--I was. I was next house to the Coach and Horses; and about + six o'clock came a little boy (Thomas Parker's boy), and said + there was a woman fallen into the river. I considered it was + not my business, but the coroner's, and I sent the boy to the + coroner, to acquaint him with it, and the coroner sent word by + the boy, and desired she might be taken out; so I went to the + river, and saw her taken out: she lay in the river (as near as + I could guess) half a foot in the water; she was covered with + water; she had a striped petticoat on, but nothing could be + seen of it above water. I heaved her up, and several sticks + were underneath her, and flags; and when they took her out, she + frothed at the nose and mouth. + + COWPER--How was she? Was she driven between the stakes? + + DEW--She lay on the right side, her head leaning rather + downwards: and as they pulled her up, I cried, 'Hold, hold, + hold, you hurt her arm'; and so they kneeled down and took her + arm from the stakes. + + COWPER--Did you see any spot upon her arm? + + DEW--Yes, sir. + + COWPER--What sort of spot was it? + + DEW--It was reddish; I believe the stakes did it; for her arm + hit upon the stake where she lay. + + COWPER--Pray, how do these stakes stand about the bridge of the + mill? + + DEW--I suppose they stand about a foot asunder; they stand + slanting, leaning down the stream a little. + + COWPER--Could you discern her feet? + + DEW--No, nothing like it, nor the striped petticoat she had + on. + + COWPER--Might not her knees and legs be upon the ground, for + what you could see? + + DEW--Truly, if I were put upon my oath whether they were so, or + not, I durst not swear it; sometimes the water there is four + feet, sometimes three and a-half; I believe her feet were very + near the bottom. + + COWPER--Are not the stakes nailed with their head against the + bridge? + + DEW--They are nailed to the side of the bridge. + + COWPER--Pray, describe the manner in which they took her up. + + DEW--They stooped down, and took her up. + + COWPER--Did they take her up at once? + + DEW--They had two heavings, or more. + + COWPER--What was the reason they did not take her up at once? + + DEW--Because I cried out, 'They hurt her arm.' + + COWPER--Was she not within the stakes? + + DEW--No, this shoulder kept her out. + + COWPER--When you complained they hurt her arm, what answer did + they make you? + + DEW--They stooped down and took her arm out from between the + stakes; they could not have got her out else. + + COWPER--After she was taken out, did you observe any froth or + foam come from her mouth or nose? + + DEW--There was a white froth came from her, and as they wiped + it away, it was on again presently. + + COWPER--What was the appearance of her face and upper parts at + that time? + + DEW--She was so much disfigured, I believe that scarce any of + her neighbours knew her, the slime of the water being upon her. + + COWPER--Did you see her maid Sarah Walker at that time? + + DEW--No. + + HATSELL, BARON--Mr. Cowper, do you intend to spend so much time + with every witness? I do not see to what purpose many of these + questions are asked. + + COWPER--I have done with him: call Young. + + HATSELL, BARON--Mr. Cowper, I would not have you straiten + yourself, but only ask those questions that are pertinent. + + COWPER--Pray, give an account of what you know of the matter. + + YOUNG--On Tuesday morning between five and six o'clock, last + assizes---- + + COWPER--What officer did you say? + + YOUNG--I was constable. + + COWPER--Was you employed by the coroner? + + YOUNG--Not by him in person. Between five and six o'clock some + of the men that came into my yard to work, told me a woman was + drowned at the mill; I staid a little and went down to see, and + when I came there, I saw a woman, as they had told me, and I + saw part of her coat lie on the top of the water to be seen, + and I looked strictly and nicely within the bridge and saw the + face of a woman, and her left arm was on the outside the + stakes, which I believe kept her from going through; so I + looked upon her very wishfully, and was going back again; and + as I came back I met with R. Dew and two of my neighbours, and + they asked me to go back with them, and said they were going to + take her up; and being constable, I told them I thought it was + not proper to do it, and they said they had orders for it; so I + being constable went back with them, and when I came there I + found her in the same posture as before; we viewed her very + wishfully; her coat that was driven near the stakes was seen, + but none of her coats, or her legs; and after we had looked a + little while upon her, we spake to Dell and Ulse to take her + up, and one of them took hold of her coat till he brought her + above water; and as her arm drew up, I saw a black place, and + she laid sideway, that he could not take her up till they had + let her down again, and so they twisted her out sideway; for + the stakes were so near together that she could not lie upon + her belly, or upon her back; and when they had taken her up, + they laid her down upon a green place, and after she was laid + down, a great quantity of froth (like the froth of new beer) + worked out of her nostrils. + + HATSELL, BARON--How much do you call a great quantity? + + YOUNG--It rose up in bladders, and run down on the sides of her + face, and so rose again; and seeing her look like a + gentlewoman, we desired one Ulse to search her pockets, to see + if there were any letters, that we might know who she was; so + the woman did, and I believe there was twenty or more of us + that knew her very well when she was alive, and not one of us + knew her then; and the woman searched her pockets, and took out + six guineas, ten shillings, three pence halfpenny, and some + other things; and after that I desired some of my neighbours to + go with me and tell the money; for when it came to be known who + she was, I knew we must give an account on it, and I laid it + upon a block and told it, and they tyed it up in a + handkerchief, and I said I would keep the money, and they + should seal it up to prevent any question about it; and during + all this while of discourse, and sealing up the money, the + froth still worked out of her mouth. + + COWPER--Have you measured the depth of the water? What depth is + it there? + + YOUNG--I measured the water this morning, and it was so high + that it ran over the floodgate, and the height of it was about + four foot two inches; but sometimes it is pent up to a greater + height than it is to-day. + + COWPER--Was it higher to-day than when the body was found? + + YOUNG--To the best of my remembrance, it was as high to-day as + it was then. + + COWPER--Was any part of the body above water? + + YOUNG--No, nor nothing like the body could be seen. + + COWPER--Could you see where her legs lay? + + YOUNG--No, nor nothing but her upper coats, which were driven + against the stakes. + + COWPER--Pray give an account how long she lay there, and when + she was conveyed away? + + YOUNG--I stayed a quarter of an hour, and then I went and + sealed up the money at my own house, so that I did not see her + removed. + + JONES--Was anybody there besides yourself at this time? + + YOUNG--Yes; twenty people at the least. + + JONES--Now here is ten of them that have sworn that the body + was above the surface of the water. + + HATSELL, BARON--No, her cloaths, they say, were, but the body + was something under the water. + + COWPER--Now I will trouble your lordship no more with that + fact, but I will give you an account of the coroner's inquest, + how diligent they were in their proceedings, and produce a copy + of the inquisition itself, that she was found to have drowned + herself. + + HATSELL, BARON--Mr. Cowper, that is no evidence if it be + produced in order to contradict what these witnesses have said, + that have been examined for the king; but if you will prove + that they have sworn otherwise before the coroner than they now + do, then you say something, otherwise the coroner's inquest + signifies nothing as to the present question. + + COWPER--Call Thomas Wall. I am loth to be troublesome; but, if + you please to favour me, I desire to know of them whether they + do admit there was an inquisition, and that she was found _non + compos mentis_ and did kill herself. + + JONES--We do admit it. + + JURYMAN--We desire it may be read. + + HATSELL, BARON--Why, will not you believe what they agree to on + both sides? + + JURYMAN--If they do agree so, I am satisfied. + +_Wall_ was one of the coroner's jury, and saw the marks on the body +which he described; Mr. Camlin and the younger Dimsdale were requested +to examine them, which they did, and reported that they were no more +than were usual in such cases. Wall refreshed his memory from his notes, +and said that Sarah Walker had said that it was about eleven when she +had taken the coals up to warm Cowper's bed, but she could not say when +it was that Cowper went out, for she took up some more coals, and then +tarried a little, and then went down and found that Cowper and her +mistress had gone out. + + HATSELL, BARON--The woman said the same thing. + + COWPER--It is necessary in this particular as to time. + + HATSELL, BARON--She told you the clocks did differ. + +_Bowden_ and _Shute_ gave evidence as to the finding of the body and as +to its state when found, corroborating the other witnesses. + + COWPER--My lord, I am very tender how I take up your lordship's + time, and therefore I will not trouble you with any more + witnesses on this head; but with your lordship's leave I will + proceed to call some physicians of note and eminence, to + confront the learning of the gentlemen on the other side. + +_Dr. Sloane_[48] said he had not heard the other witnesses very +distinctly, because of the crowd; but that cases of the present kind +were very uncommon, and that none of them had fallen under his own +knowledge. It was plain that a great quantity of water might be +swallowed without suffocation; + + drunkards, who swallow freely a great deal of liquor, and those + who are forced by the civil law to drink a great quantity of + water, which in giving the question (as it is called) is + poured into them by way of torture to make them confess + crimes,[49] have no suffocation or drowning happen to them. + + But on the other hand, when any quantity comes into the + windpipe, so it does hinder or intercept the inspiration, or + coming in of the air, which is necessary for the respiration, + or breathing, the person is suffocated. Such a small quantity + will do, as sometimes in prescriptions, when people have been + very weak, or forced to take medicines, I have observed some + spoonfuls in that condition (if it went the wrong way) to have + choaked or suffocated the person. + +He took drowning to be when water got into the windpipe or lungs, and +believed that whether a person fell into the water alive or dead, some +quantity would find its way there. He inclined to believe that the +general condition of the body was consistent with the woman having been +drowned. + +_Dr. Garth_ gave reasons for disagreeing with the doctors called for the +prosecution in considering that the general state of the body proved +that the woman had not been drowned, pointing out that it was as +unnatural for a human body to float on its side, as for a shilling to +rest on its edge, or for a deal board to float edgewise rather than +otherwise. In spite of what had been said about the seamen, he believed +that dead bodies would generally sink. + + HATSELL, BARON--But you do not observe my question; the seamen + said that those that die at sea and are thrown overboard, if + you do not tye a weight to them, they will not sink; what say + you to that? + + DR. GARTH--My lord, no doubt in this they are mistaken. The + seamen are a superstitious people, they fancy that whistling at + sea will occasion a tempest. I must confess I have never seen + anybody thrown overboard, but I have tried some experiments on + other dead animals, and they will certainly sink; we have tried + this since we came here hither. Now, my lord, I think we have + reason to suspect the seaman's evidence; for he saith that + three-score pound of iron is allowed to sink the dead bodies, + whereas six or seven pounds would do as well. I cannot think + the commissioners of the navy guilty of so ill husbandry; but + the design of tying weights to their bodies, is to prevent + their floating at all, which otherwise would happen in some few + days; therefore what I say is this, that if these gentlemen had + found a cord, or the print of it, about the neck of this + unfortunate gentlewoman, or any wound that had occasioned her + death, they might then have said something. + +_Dr. Morley_ was called, and supported the view that a drowned body need +not necessarily have much water in it, and that it need not float. He +had tried experiments on two dogs the night before; he drowned them +both, and dissecting one found no water in its stomach, while the other +sank to the bottom of the water. + +_Dr. Woollaston_ and _Dr. Gelstrop_ both gave evidence to the same +effect as the preceding witnesses. + + COWPER--Now, my lord, I would call Mr. William Cowper; and + because of his name, I must acquaint your lordship that he is + not at all acquainted with me, though I should be proud to own + him if he were so; he is a man of great learning, and I + believe, most people admit him to be the best anatomist in + Europe. Mr. Cowper, will you give your opinion of this matter? + +_Mr. W. Cowper_[50] accordingly, premising that he would not only +'speak, from reason,' but give an account of experiments, stated that +the symptoms described were consistent with drowning; + + this is a truth that no man can deny who is acquainted with any + thing of this nature, that when the head of an animal is under + water, the first time it is obliged to inspire (or draw in air) + the water will necessarily flow into its lungs, as the air + would do if it were out of the water; which quantity of water + (if the dimensions of the windpipe and its branches in the + lungs be considered), will not amount to three inches square, + which is about three ounces of water. + + +And this quantity of water would be sufficient to cause suffocation, and +after suffocation, swallowing would become impossible. This he said, not +by way of conjecture or hypothesis, but as the result of experiment. + + I shall by the bye, tell you how fallacious the first + experiment was, when I proposed to satisfy myself whether a + dead body would float in water. It happened that a spaniel, + that had a great deal of long hair was hanged for this purpose, + which I found to float on the surface of the water; but when I + considered that his hair might buoy him up, I caused another + dog, which had shorter and less hair, to be hanged and put into + the water, which (according to what I had always conceived of + the human body) sunk directly to the bottom. In order to + satisfy myself what quantity of water was necessary to enter + the body of an animal, and cause suffocation in water, I caused + three dogs, when alive, to be suddenly plunged under water till + they were stifled; the result was that about three ounces of + water were found in their lungs, and none in their stomachs. + Dead bodies generally sank; weights were attached to dead + bodies, not so much to make them sink at the time, as to + prevent them floating afterwards. + + COWPER--With your lordship's favour, I now think it a proper + time to make this observation. The witnesses that have given + evidence for the king do say they believe she was not drowned; + but they have not pretended to say how she died otherwise. + + HATSELL, BARON--That is very true. + +_Dr. Crell_ was generally of the same opinion as that expressed by the +last witness, and, in spite of the suggestion of the judge that he +should confine his evidence to matters within his own experience, quoted +the opinion of Ambrose Parey ('who was chief surgeon to Francis the 1st, +employed by him in most of his sieges and battles against emperor +Charles the 5th, and consequently must observe, and could not be +ignorant of such like casualties in such great bodies of men'), as +expressed in his chapter of Renunciations, to the effect that the +certain sign of a man being drowned was an appearance of froth about his +nostrils and mouth. Altogether his firm opinion was that the woman was +drowned. + +_Mr. Harriot_, who had been a surgeon in the Fleet; and _Bartlet_, who +had been in several naval engagements, both swore that dead bodies when +thrown overboard sank at first, though they floated again afterwards. + +_Mr. Camlin_ was called at the coroner's inquest, and examined the body. +He found certain marks on the head and breast which Mr. Dimsdale said +were only the result of drowning; he had seen more decided marks on the +body of the child that was drowned. He saw no indications that Mrs. +Stout had been strangled. + + BOWD--It was much about this time twelvemonth I had some + business in London; and she [Mrs. Stout] sent to me, to know + when I should go to London; and I waited upon her before I + went, and she desired me to do some business for her; and when + I returned, I acquainted her with what I had done; and sitting + together in the hall, I asked her, what is the matter with you? + Said I, there is something more than ordinary; you seem to be + melancholy. Saith she, you are come from London, and you have + heard something or other: said I, I believe you are in love. In + love! said she. Yes, said I, Cupid, that little boy, hath + struck you home: she took me by the hand; Truly, said she, I + must confess it; but I did think I should never be guilty of + such a folly: and I answered again, I admire that should make + you uneasy; if the person be not of that fortune as you are, + you may, if you love him, make him happy and yourself easy. + That cannot be, saith she: the world shall not say I change my + religion for a husband. And some time after I had been in + London, having bought some India goods, she came to my shop and + bought some of me for a gown, and afterwards she came to pay me + for it; and I asked her, How do you like it? have you made it + up? No, said she, and I believe I shall never live to wear it. + + COWPER--Pray how long is it since? + + BOWD--It was about February or January before her death. I + asked her, why she did not come to my house oftener She said, + she had left off all company, and applied herself to reading; + and company was indifferent to her. + +Several other witnesses were then called to prove that they had recently +seen the deceased woman in a state of melancholy, and that she had +admitted that she was in love, though she would not say with whom. + + COWPER--Mrs. Cowper, what do you know of Mrs. Stout's + melancholy? + + COWPER--My lord, this is my brother's wife. + + MRS. COWPER--About spring was twelve month, she came to London, + and I believe it was not less than once or twice a week I saw + her; and I never had an opportunity to be an hour alone with + her at any time, but I perceived something in her melancholy. I + have asked her the reason of it several times, and sometimes + she seemed to dislike her profession, being a Quaker; and + sometimes she would say, that she was uneasy at something that + lay upon her spirits, which she should never outlive; and that + she should never be well while she was in this world. Sometimes + I have endeavoured to persuade her out of it seriously, and + sometimes by raillery, and have said are you sure you shall be + better in another world? And particularly I remember I have + said to her, I believe you have Mr. Marshall in your head: + either have him, or do not trouble yourself about him; make + yourself easy either one way or another; and she hath said no, + in an indifferent way, I cannot make myself easy: Then I have + said, marry him: no, saith she, I cannot. Sometimes with + company she would be diverted, and had frequently a way of + throwing her hands, and shewed great disturbance and + uneasiness. This time twelvemonth, at the summer assizes, I was + here six days, and I saw her every day; and one time, among + other discourse, she told me she had received great disturbance + from one Theophilus, a waterman and a Quaker, who coming down + to old Mrs. Stout, that was then lame, she had gathered about + 20 or 30 people together to hear him preach; and she said he + directed his discourse to her, and exasperated her at the rate + that she had thoughts of seeing nobody again, and said, she + took it heinously ill to be so used, and particularly, that he + had told her that her mother's falling outwardly in the flesh + should be a warning that she did not fall inwardly; and such + 'canting stuff,' as she called it; and she said, that + Theophilus had so used her, that she was ashamed to show her + head. Another time, the same week, she had a fever, and she + said, she was in great hopes it would end her days, and that + she neglected herself in doing those things that were necessary + for her health, in hopes it would carry her off, and often + wished herself dead. Another time, which I think was the last + time I saw her, it was at my sister's lodgings, and I sent for + her to drink a dish of tea with us, and she came in a great + toss and melancholy: Said I, what is the matter? you are always + in this humour. Saith she, I cannot help it, I shall never be + otherwise. Saith my sister, for God's sake keep such thoughts + out of your head as you have had, do not talk any more of + throwing yourself out of window: Saith she, I may thank God + that ever I saw your face, otherwise I had done it, but I + cannot promise I shall not do it. + + HATSELL, BARON--What is your name, madam? + + COWPER--It is my brother's wife, my lord. I desire Mrs. Toller + may give an account of what she knows as to her being + melancholy. + + MRS. TOLLER--My lord, she was once to see me, and she looked + very melancholy, and I asked her what was the matter? and she + said, something had vexed her that day; and I asked her the + cause of it, and she stopped a little while, and then said, she + would drown herself out of the way. + + HATSELL, BARON--How long ago was this? + + MRS. TOLLER--About three quarters of a year ago. + + JOHN STOUT--I desire to know whether she has always said so, or + not told another story. + + MRS. TOLLER--I told you no story; it may be I did not say so + much to you, but I said she talked something of drowning. I + have been with her when Mr. Cowper's conversation and name has + been mentioned, and she said she kept but little company; that + sometimes she went to Mrs. Low's, and that she kept none but + civil modest company, and that Mr. Cowper was a civil modest + gentleman, and that she had nothing to say against him. + + COWPER--This is Mrs. Eliz. Toller, my lord. + + ELIZABETH TOLLER--My lord, she came to see me some time after + Christmas, and seemed not so cheerful as she used to be; said + I, what is the matter? Why are you not so merry as you used to + be? Why do you not come often to see me? Saith she, I do not + think to go abroad so much as I used to do, and said, it would + be as much a rarity to see her go abroad, as to see the sun + shine by night. + + COWPER--Mrs. Grub, what do you know concerning Mrs. Stout's + pulling out a letter at her brother, Mr. John Stout's? Give an + account of it, and what she said upon that occasion. + + MRS. GRUB--I have a daughter that lives at Guernsey, and she + sent me a letter, and I prayed Mrs. Sarah Stout to read the + letter; and while she was reading it I cried; saith she, why do + you cry? said I, because my child is so far off. Said she, if I + live till winter is over, I will go over the sea as far as I + can from the land. + + HATSELL, BARON--What was the occasion of her saying so? + + MRS. GRUB--I was washing my master's study, Mrs. Sarah Stout + came in, and I had a letter from my daughter at Guernsey, and I + prayed Mrs. Sarah Stout to read it, and she read my letter, and + I cried, and she asked me, why I cryed? Said I, because my + child is so far off: Saith she, if I live to winter, or till + winter is over, I will go over sea as far as I can from the + land. + + COWPER--Now, my lord, to bring this matter of melancholy to the + point of time, I will call one witness more, who will speak of + a remarkable instance that happened on Saturday before the + Monday when she did destroy herself. + + Call Mr. Joseph Taylor. Pray will you inform the court and jury + of what you observed on Saturday before the Monday on which + Mrs. Stout destroyed herself. + + JOSEPH TAYLOR--I happened to go in at Mr. Firmin's shop, and + there she sat the Saturday before this accident happened, the + former assizes, and I was saying to her, Madam, I think you + look strangely discontented; I never saw you dressed so in my + life: Saith she, the dress will serve me as long as I shall + have occasion for a dress. + + COWPER--In what posture did she appear in the shop? + + JOSEPH TAYLOR--She appeared to be very melancholy. + + COWPER--What part of her dress did you find fault with? + + JOSEPH TAYLOR--It was her head cloaths. + + COWPER--What was the matter with them? + + JOSEPH TAYLOR--I thought her head was dawbed with some kind of + grease or charcoal. + + COWPER--What answer did she make? + + JOSEPH TAYLOR--She said, they would serve her time. + + COWPER--As to this piece of evidence, if your lordship pleases, + I desire it may be particularly taken notice of; it was her + head-dress that she said would serve her time. + + Pray, Mr. Taylor, was you at Mr. Barefoot's when I came there + on Monday morning? + + JOSEPH TAYLOR--Yes; I went up stairs with you into your + chamber. + + COWPER--Pray, what did I say to Mr. Barefoot? + + JOSEPH TAYLOR--You asked him if they had received a letter from + your brother, and he said, No, not that he knew of, but he + would call his wife, and he did call his wife, and asked her if + she had received a letter, and she said, No; then said you, I + will take up this lodging for mine; and accordingly you went up + stairs, and I went with you, and staid there about four times + as long as I have been here. + + COWPER--Are you very sure that I said, I would take up my + lodgings there? + + JOSEPH TAYLOR--Yes, I am very sure of it. + + HATSELL, BARON--What time of the day was it? + + JOSEPH TAYLOR--It was the fore part of the day; while I was + there, my lord, Mrs. Sarah Stout's maid came to invite Mr. + Cowper to her house to dinner. + + COWPER--Did you know anything of my sending to the + coffee-house? + + JOSEPH TAYLOR--You sent to the coffee-house for your things. + + HATSELL, BARON--Did Mr. Cowper use to lie at Mrs. Barefoot's? + + JOSEPH TAYLOR--His brother did, but I do not know whether this + gentleman did, but at that time he took up that place for his + lodging; and said, it was all one, my brother must pay for it, + and therefore I will take it up for myself. + + COWPER--Call Mrs. Barefoot and her maid. + + [But they not presently appearing,] + + COWPER--My lord, in the meantime I will go on to the other part + of my evidence, in opening of which I shall be very short. + + My lord, my wife lodging at Hertford, occasioned me frequently + to come down. Mrs. Stout became acquainted with her; When + business was over in the long vacation, I resided pretty much + at Hertford, and Mr. Marshall came down to pay me a visit, and + this introduced his knowledge of Mrs. Stout. When she was first + acquainted with him she received him with a great deal of + civility and kindness, which induced him to make his addresses + to her, as he did, by way of courtship. It happened one evening + that she and one Mrs. Crook, Mr. Marshall and myself, were + walking together, and Mr. Marshall and Mrs. Crook going some + little way before us, she took this opportunity to speak to me + in such terms, I must confess, as surprized me. Says she, Mr. + Cowper, I did not think you had been so dull. I was inquisitive + to know in what my dulness did consist. Why, says she, do you + imagine I intend to marry Mr. Marshall? I said I thought she + did, and that if she did not, she was much to blame in what she + had done: No, says she, I thought it might serve to divert the + censure of the world, and favour our acquaintance. My lord, I + have some original letters under her own hand which will make + this fully manifest; I will produce the letters after I have + called Mr. Marshall. Mr. Marshall. + + MR. MARSHALL--If your lordship pleases, it was in the long + vacation I came down to spend a little of my leisure time at + Hertford; the reason of my going thither was, because Mr. + Cowper was there at that time. The first night when I came down + I found Mrs. Sarah Stout visiting at Mr. Cowper's lodgings and + there I first came acquainted with her; and she afterwards gave + me frequent opportunities of improving that acquaintance; and + by the manner of my reception by her, I had no reason to + suspect the use it seems I was designed for. When I came to + town, my lord, I was generally told of my courting Mrs. Stout, + which I confess was not then in my head; but it being + represented to me as a thing easy to be got over, and believing + the report of the world as to her fortune, I did afterwards + make my application to her; but upon very little trial of that + sort, I received a very fair denial, and there ended my suit; + Mr. Cowper having been so friendly to me, as to give me notice + of some things, that convinced me I ought to be thankful I had + no more to do with her. + + HATSELL, BARON--When did she cast you off? + + MR. MARSHALL--I cannot be positive as to the time, my lord, but + it was in answer to the only serious letter I ever writ to her; + as I remember, I was not over importunate in this affair, for I + never was a very violent lover. + + HATSELL, BARON--Well, but tell the time as near as you can. + + MR. MARSHALL--I believe it was a second or third time I came + down to Hertford, which is about a year and a half since; and, + during the whole of my acquaintance with her, I never till + then found her averse to any proposal of mine; but she then + telling me her resolution was not to comply with what I + desired, I took her at her word, having, partly by my own + observation, but more by Mr. Cowper's friendship, been pretty + well able to guess at her meaning. + + COWPER--Because what you say may stand confirmed beyond + contradiction, I desire you to say whether you have any letters + from her to yourself? + + MR. MARSHALL--Yes, I have a letter in my hand which she sent + me, upon occasion of some songs I sent her when I came to town, + which she had before desired of me; and this is a letter in + answer to mine; it is her hand-writing, and directed to me. + + HATSELL, BARON--How do you know it is her hand-writing? + + MR. MARSHALL--I have seen her write, and seen and received + several letters from her. + + COWPER--Pray shew it Mr. Beale. + + MR. BEALE--I believe it to be her hand; I have seen her write, + and have a receipt of hers. + + CLERK OF ARRAIGNS--It is directed to Mr. Thomas Marshall at + Lyons-inn, and dated Sept. 26, 1697. + + '_Sept. 26, 1697._ + 'SIR, + + 'Yours came very safe; but I wish you had explained your + meaning a little more about the accident you speak of; + for have been puzzling my brains ever since; and without + I shall set myself to conjuring, I cannot imagine what + it should be, for I know of nothing that happened after + you went away, nor no discourse about you, only when we + were together, the company would sometimes drink your + health, or wish you had been there, or the like; so that + I fancy it must be something Mr. has invented for + diversion; though I must confess we have a sort of + people here, that are inspired with the gift of + foreknowledge, who will tell one as much for nothing as + any astrologer will have a good piece of money for. But + to leave jesting, I cannot tell when I shall come to + London, unless it be for the night and away, about some + business with my brother, that I must be obliged to + attend his motions; but when I do, I shall remember my + promise, although I do not suppose you are any more in + earnest than myself in this matter. I give you thanks + for your songs and your good wishes, and rest, + + Your loving Duck.' + + COWPER--Have you any more letters? + + MR. MARSHALL--Yes, I have another letter here, but before it is + read, I think it will be proper to give the court an account of + the occasion of its being writ. I waited on Mrs. Stout one + evening at her lodgings in Houndsditch, and at our parting she + appointed to meet me the next day; and to excuse her not coming + according to that appointment, she sent me this letter. + + CLERK OF ARRAIGNS--It is directed to Mr. Thomas Marshall; it is + without date. + + 'MR. MARSHALL, + + I met unexpected with one that came from H----d last + night, who detained me so long with relating the most + notorious inventions and lyes that are now extant + amongst those people, that I could not possible come + till it was late; and this day was appointed for + business, that I am uncertain when it will be finished; + so that I believe I cannot see you whilst I am in town. + I have no more at present, but that I am + + Your obliged Friend.' + + COWPER--Now, my lord, if your lordship please, I proceed to + shew you, that I went not so much voluntarily as pressed by her + to come to this house, and for that I will produce one letter + from her to myself; and, my lord, I must a little inform you of + the nature of this letter. It is on the outside directed to + Mrs. Jane Ellen, to be left for her at Mr. Hargrave's + coffee-house. For her to direct for me at a coffee-house, might + make the servants wonder and the post-man might suspect, and + for that reason she directed it in that manner. There was Mr. + Marshall by whom I received it, and I can prove the hand by Mr. + Beale. + + MR. MARSHALL--My lord, I verily believe I was by, and that Mr. + Cowper shewed me this letter immediately on receipt of it, as + he had done several others from the same hand. + + CLERK OF ARRAIGNS--This is directed for Mrs. Jane Ellen. It is + dated March the 5th, without any year. + + _'March the 5th._ + + SIR, + + I am glad you have not quite forgot that there is such a + person as I in being; but I am willing to shut my eyes, + and not see anything that looks like unkindness in you, + and rather content myself with what excuses you are + pleased to make, than be inquisitive into what I must + not know. I should very readily comply with your + proposition of changing the season, if it were in my + power to do it, but you know that lies altogether in + your own breast; I am sure the winter has been too + unpleasant for me to desire the continuance of it; and I + wish you were to endure the sharpness of it but for one + hour, as I have done for many long nights and days; and + then I believe it would move that rocky heart of yours, + that can be so thoughtless of me as you are; But if it + were designed for that end, to make the summer the more + delightful, I wish it may have the effect so far, as to + continue it to be so too, that the weather may never + overcast again; the which if I could be assured of, it + would recompense me for all that I have ever suffered, + and make me as easy a creature as I was the first moment + I received breath. When you come to H----d pray let + your steed guide you, and do not do as you did the last + time; and be sure order your affairs to be here as soon + as you can, which cannot be sooner than you will be + heartily welcome to + + Your very sincere Friend.' + + '_For Mrs. Jane Ellen, at Mr. Hargrave's, + near Temple-bar, London._' + + + COWPER--Though it is directed to Mrs. Jane Ellen, it begins in + the inside 'Sir,' and it is dated the 5th March next before the + 13th. + + HATSELL, BARON--What March was it? + + MR. MARSHALL--I kept no account of the time, but I am very + positive, by the contents, that Mr. Cowper shewed me this + letter and I read it, but by my now remembrance, it should be + longer since than March last. + + COWPER--It was March last. That which will set Mr. Marshall's + memory to rights is this other letter, which I received at the + Rainbow, when he was by, and he read it; and it importuning me + to a matter of this kind, I did produce it to my brother and + him; they both knew of it; and both read it, and that will + refresh his memory concerning the date of the other. + + MR. MARSHALL--My lord, I was in the coffee-house with Mr. + Cowper when he received this letter; and he afterwards shewed + it to Mr. William Cowper, at the Covent-garden tavern, when I + was by. + + CLERK OF ARRAIGNS--This is dated the 9th of March, and directed + to Mrs. Jane Ellen, at Mr. Hargrave's. + + '_March 9._ + + SIR, + + I writ to you by Sunday's post, which I hope you have + received; however, as a confirmation, I will assure you + I know of no inconveniency that can attend your + cohabiting with me, unless the grand jury should + thereupon find a bill against me; but I won't fly for + it, for come life, come death, I am resolved never to + desert you; therefore according to your appointment I + will expect you and till then I shall only tell you, + that I am + + 'Yours,' etc. + + '_For Mrs. Jane Ellen, at Mr. Hargrave's, + near Temple-bar, London._' + + + COWPER--If your lordship please, I will further prove this + letter by my brother. + +_William Cowper_ said that about a year and a half since, when Mrs. +Stout was in London, his brother came to his chamber in the Temple, and +told him that he had received a letter from Mrs. Stout, saying that she +intended to visit him in his chamber that day. His brother told the +witness that because of her connection with Marshall, as well as for +other reasons, he would not receive her there; and it was arranged that +as she intended first to dine with their father at his house in Hatton +Garden, where the witness was then living, he should take the +opportunity for casually remarking that the prisoner was that day gone +to Deptford, as he in fact intended to do. This plan was carried out, +with the result that Mrs. Stout left the room fainting. The witness then +went on to give an account of how his brother showed him the last letter +mentioned, at the Covent Garden Tavern-- + + Saith he, the occasion of my shewing it, is not to expose a + woman's weakness, but I would not willingly lie under too many + obligations, nor engage too far; nor on the other hand would I + be at an unnecessary expence for a lodging. + +It was accordingly arranged that the witness should write to Barefoot to +dispose of his lodgings, as Cowper had already related. + + I said I would write the next day, being Saturday; but when I + should have writ, it was very late, and I was weary, being then + tied down to the business of parliament; and partly for that + reason, and partly in point of discretion, which I had upon my + second thoughts, that it would be better for my brother to be + at Mr. Barefoot's, which is near the court, and in the market + place, I did neglect writing; and though I thought of it about + eleven o'clock, yet, as I said, partly for one reason, and + partly for another, I did not write that time.' + +_Beale_ was then called to prove the hand-writing of the letters, and +the jury declared themselves satisfied. + + HATSELL, BARON--I believe you may ask her mother, she will tell + you whether it be her daughter's hand. + + MRS. STOUT--How should I know! I know she was no such person; + her hand may be counterfeited. + + HATSELL, BARON--But if it were written in her more sober stile, + what would you say then? + + MRS. STOUT--I shan't say it to be her hand unless I saw her + write it. + + MR. STOUT--It is like my sister's hand. + + HATSELL, BARON--Do you believe it to be her hand? + + MR. STOUT--No, I don't believe it; because it don't suit her + character. + +_Mrs. Barefoot_ had expected Cowper at her lodgings, and had prepared a +bed for him. Cowper came to her house as usual, and sent to the +coffee-house for his bag. Mrs. Stout sent her maid over to invite Cowper +to dine at their house. Cowper came back to her house about eleven, by +the town clock, and did not go out again. + +_Hanwell_, the last witness's maid, made some preparations in Cowper's +room before he went to bed, which he did a little before twelve. + +Referring to the last-quoted letter of the deceased woman, Cowper says: + + 'I had rather leave it to be observed, than make the + observation myself, what might be the dispute between us at the + time the maid speaks of. I think it was not necessary she + should be present at the debate; and therefore I might not + interrupt her mistress in the orders she gave; but as soon as + the maid was gone I made use of these objections; and I told + Mrs. Stout by what accident I was obliged to take up my + lodgings at Mrs. Barefoot's, and that the family was sitting up + for me; that my staying at her house under these circumstances, + would in probability provoke the censure of the town and + country; and that therefore I could not stay, whatever my + inclination might otherwise be; but, my lord, my reasons not + prevailing, I was forced to decide the controversy by going to + my lodging; so that the maid may swear true, when she says I + did not contradict her orders.' + +_Spurr_ proved that Cowper came to the Glove and Dolphin Inn as the +clock struck eleven, and stayed there about a quarter of an hour. The +Glove and Dolphin was a little less than a quarter of a mile from Mrs. +Stout's house. + +Cowper then pointed out that, according to Sarah Walker's evidence, he +left Mrs. Stout's house at a quarter to eleven by the real time; that +if, as he should prove, it took half an hour to go from there to the +place where Mrs. Stout was drowned, he could not, according to the +evidence he had just called, have been there. + +_Sir W. Ashurst_ said it took him half an hour and one minute to walk to +the place where the deceased was drowned. _Sir T. Lane_ said it took him +about three-quarters of an hour, 'and we did not stay at all by the way, +except just to look upon the hospital.' + +_Kingett_ and _Man_, two servants at the Glove and Dolphin, confirmed +Spurr's evidence as to the time when Cowper arrived there and the time +he stayed there; adding that he came there to ask about an account for +his horse. + + HATSELL, BARON--Pray, wherein hath Sarah Walker said anything + that is false? + + COWPER--In this: I asked her when she gave evidence, whether + she went out to see for her mistress all that night, and + whether her mistress did not use to stay out at nights, and + whether she herself had not used to say so? If your lordship + pleases to remember, she said no. Pray, Mrs. Mince, what have + you heard Mrs. Stout's maid say concerning her mistress, + particularly as to her staying out all night? + + MRS. MINCE--She hath said, that her mistress did not love to + keep company with Quakers; and that she paid for her own board + and her maid's; and that, when she entertained any body, it was + at her own charge. And she hath said, that Mrs. Stout used to + ask, who is with you, child? and she would not tell her; and + that she did entertain her friends in the summer house now and + then with a bottle of wine; and when her mother asked who was + there? her mistress would say, bring it in here, I suppose + there is none but friends; and after the company was gone, she + used to make her mother believe that she went to bed: but she + used to go out and take the key with her, and sometimes she + would go out at the window, and she said particularly, one time + she went out at the garden window, when the garden door was + locked, and that she bid her not sit up for her, for she would + not come in at any time. + + HATSELL, BARON--Did ever Sarah Walker tell you that Mrs. Stout + staid out all night? + + MRS. MINCE--She hath said, she could not tell what time she + came in, for she went to bed. + +_Cowper_ offered to prove that Gurrey, at whose house the other +prisoners had stayed, had said that if he had gone to visit Mrs. Stout, +meaning apparently, if he had gone to visit the mother after the +daughter's death, the prosecution would not have taken place. To this he +would answer that he never had gone to see her in his life. + + Now, for a man officiously to make a new visit in the time of + the assizes, one engaged in business as I was, and especially + upon so melancholy an occasion; I say for me to go officiously + to see a woman I never had the least knowledge of, would have + been thought more strange (and justly might have been so) than + the omission of that ceremony. For my part, I cannot conceive + what Mr. Gurrey could mean, this being the case, by saying, + that if I had visited Mrs. Stout, nothing of this could have + happened. + + HATSELL, BARON--Mr. Cowper, he is not the prosecutor, I think + it is no matter what he said. + +_Sir W. Ashurst, Sir T. Lane, and Mr. Thompson_ were then called to +Cowper's character, and described him as a humane, upright, and capable +man. + +This concluded the case against Cowper, and the case of Marson was next +considered. In reply to a question from the judge, he explained that +Stephens was the clerk of the paper in the King's Bench; that Rogers was +steward of the King's Bench; and that it was their duty to wait upon the +Lord Chief-Justice of the King's Bench out of town. On Monday they all +went to the Lord Chief-Justice's house in Lincoln's Inn Fields, +according to their custom, and all set out from there. Marson, being +only an attorney in the borough court, could not go further with the +others than Kingsland, and returned from there to his business in +Southwark, where he attended the Court, as was his duty, and set out +again at past four in the afternoon. On arriving at Waltham he met one +Mr. Hanks, a clergyman, who was returning from attending the Lord +Chief-Justice to Hertford, whom he persuaded to return with him to +Hertford, on the plea that he did not know the way. They galloped all +the way, and did not arrive at Hertford till eight. There they found the +marshal, Stephens, Rogers, Rutkin, and others of the marshal's +acquaintance at the coffee-house, from which they went to the Glove and +Dolphin, and stayed there till eleven o'clock. Rogers and the witness +had a dispute about which of them should lie with Stephens at Gurrey's +house, and they all went to Gurrey's to see what could be arranged, and +to drink a glass of wine. Eventually Stephens, Rogers, and Marson, all +stayed at Gurrey's; while Hanks and Rutkin went back to the marshal's. +The party at Gurrey's drank three bottles of wine, + + and afterwards, in jocular conversation, I believe Mr. Stephens + might ask Mr. Gurrey if he knew of one Mrs. Sarah Stout? And + the reason why he asked that question our witness will explain. + I believe he might likewise ask what sort of woman she was? and + possibly I might say the words, My friend may be in with her, + though I remember not I did say anything like it; but I say + there is a possibility I might, because I had heard she had + denied Marshall's suit, and that might induce me to say, My + friend may be in with her, for all that I remember. I confess + Mr. Rogers asked me what money I had got that day, meaning at + the Borough Court? I answered fifty shillings; saith he, we + have been here a-spending our money, I think you ought to treat + us, or to that purpose. As to the bundle mentioned I had no + such, except a pair of sleeves and a neck-cloth. As to the + evidence which goes to words spoken, the witnesses have + fruitful inventions; and as they have wrested and improved the + instances I have been particular in, so they have the rest, or + otherwise forged them out of their own heads. + + HATSELL, BARON--Mr. Rogers, what do you say to it? + + ROGERS--We came down with the marshal of the King's bench, it + rained every step of the way, so that my spatter-dashes and + shoes were fain to be dried; and it raining so hard, we did not + think Mr. Marson would have come that day, and therefore we + provided but one bed, though otherwise we should have provided + two, and were to give a crown for our night's lodging. We went + from the coffee-house to the tavern, as Mr. Marson has said, + and from the tavern the next way to our lodging, where there + was some merry and open discourse of this gentlewoman; but I + never saw her in my life, nor heard of her name before she was + mentioned there. + + STEPHENS--We never stirred from one another, but went along + with the marshal of the King's bench, to accompany my lord + chief-justice out of town, as is usual. + + HATSELL, BARON--I thought it had been as usual for him to go + but half the way with my lord chief-justice. + + ROGERS--They generally return back after they have gone half + the way, but some of the head officers go throughout. + + STEPHENS--It was the first circuit after the marshal came into + his office, and that is the reason the marshal went the whole + way. + + HATSELL, BARON--Did not you talk of her courting days being + over? + + PRISONERS--Not one word of it; we absolutely deny it. + + STEPHENS--I never saw her. + + JONES--Mr. Marson, did you ride in boots? + + MARSON--Yes. + + JONES--How came your shoes to be wet? + + MARSON--I had none. + +_Hunt_ gave an account of how he was at the Old Devil Tavern at Temple +Bar, on Sunday night, and Marson and three or four others of Clifford's +Inn being there at the same time, discoursing of the marshal's attending +the Lord Chief-Justice to Hertford, Marson said he too might be required +to go; on which one of the company said, 'If you do go to Hertford, pray +enquire after Mr. Marshall's mistress, and bring us an account of her;' +and it was this discourse that gave occasion to talk of Mrs. Stout at +Gurrey's house, which was done openly and harmlessly. This story was +corroborated by one Foster, who had been at the Devil; and Stephens +offered to call another witness to the same purpose, but was stopped by +the judge. + +_Hanks_ was called, and gave the same account of his arrival in Hertford +as Marson had already given. He was in Marson's company from the time he +met him till he left him at his lodgings, at about eleven o'clock. + +_Rutkin_ was called by Marson to give an account of his coming to +Hertford. + + RUTKIN--My lord, I came to wait on the marshal of the King's + Bench to Hertford, and when we were come to Hertford we put up + our horses at the Bull, and made ourselves a little clean; we + went to church, and dined at the Bull, and then we walked in + and about the court, and diverted ourselves till about seven + o'clock; and between seven and eight o'clock came Mr. Marson + and Dr. Hanks to town, and then we agreed to go to the Dolphin + and Glove to drink a glass of wine; the marshal went to see an + ancient gentleman, and we went to the Dolphin and Glove, and + staid there till past ten o'clock, and after the reckoning was + paid we went with them to their lodging, with a design to drink + a glass of wine; but then I considered I was to lie with the + marshal, and for that reason I resolved not to go in, but came + away, and went to the Bull Inn, and drank part of a glass of + wine and afterwards went to the next door to the Bull Inn, + where I lay with the marshal. + +_Marson_ called witnesses to character, who swore that they had always +had a good opinion of him, that they had never seen him but a civilised +man, that he had been well brought up amongst them, and that they had +never seen him given to debauchery. + +_Cowper_ said that he was concerned to defend the other prisoners as +much as himself, and that there was something he wished to say in their +behalf. + + 'The principal witness against them is one Gurrey; and I will + prove to you, that since he appeared in this court, and gave + his evidence, he went out in a triumphant manner, and boasted + that he, by his management, had done more against these + gentlemen than all the prosecutor's witnesses could do besides. + To add to that I have another piece of evidence that I have + just been acquainted with; my lord, it is the widow Davis, + Gurrey's wife's sister, that I would call. + +_Mrs. Davis_ was asked by her sister to help her lay the sheets for the +men in Gurrey's house, and while she was doing so the gentlemen came +into the room; it was then about ten, or something later. They had three +quarts of wine and some bread and cheese, and then went to bed; and +after that Gurrey went to fetch Gape, who lodged at his house, from +Hockley's. + + COWPER--I only beg leave to observe that Gurrey denied that he + went for him. + + HATSELL, BARON--Ay; but this signifies very little, whether it + be true or false. + +Various other witnesses were called, who gave all the prisoners +excellent characters in their private and professional capacities. + + JONES--My lord, we insist upon it, that Mr. Cowper hath given a + different evidence now, from what he did before the coroner; + for there he said he never knew any distraction, or love fit, + or other occasion she had to put her upon this extravagant + action. Now here he comes, and would have the whole scheme + turned upon a love-fit. Call John Mason. + +_Mason_, in answer to questions put to him by Mr. Stout and Jones, said +that Cowper, before the coroner, had said that he knew no cause for Mrs. +Stout's suicide; and that she was a very modest person. He was asked +whether he knew any person she was in love with, and he said he knew but +of one, and his name was Marshall, and he was always repulsed by her. + +_Archer_ was present at the inquest, and heard Cowper say that he knew +no occasion of Mrs. Stout's death, nor of any letters. + + COWPER--Then I must call over the whole coroner's inquest, to + prove the contrary. + + HATSELL, BARON--Did they ask him concerning any letters? + + ARCHER--They asked him, If he knew of any thing that might be + the occasion of her death? + + HATSELL, BARON--I ask you again, if they asked him if he knew + of any letters? + + ARCHER--My lord, I do not remember that. + + MR. STOUT--I would have called some of the coroner's inquest + but I was stopped in it. + + JURYMAN--We have taken minutes of what has passed; If your + lordship pleases we will withdraw. + + HATSELL, BARON--They must make an end first. + +_Mrs Larkin_ was called, and said that Rutkin came to her house between +nine and ten, and that the marshal did not come in till an hour +afterwards. + +_Mr. Stout_ desired to call witnesses to his sister's reputation; and +_Jones_ said that the whole town would attest to that. + +_Hatsell, Baron_, then summed up. He said that the jury could not expect +that he should sum up fully, but that he would notice the most material +facts, and that if he omitted any thing, Jones or Cowper would remind +him of it. He then recapitulated Sarah Walker's evidence, very briefly; +and then went on:-- + + The other witnesses that came afterwards, speak concerning the + finding of the body in the river, and tell you, in what posture + it was. I shall not undertake to give you the particulars of + their evidence; but they tell you she lay on her right side, + the one arm up even with the surface of the water, and her body + under the water; but some of her cloaths were above the water. + You have also heard what the doctors and surgeons said on the + one side and the other, concerning the swimming and sinking of + dead bodies in the water; but I can find no certainty in it; + and I leave it to your consideration. + +Further, there were no signs of water in the body, and it was said that +this was a sign that she was not drowned; but then it was answered that +it might show that she had drowned herself, because if she wished to +drown herself she would choke herself without swallowing any water. + + The doctors and surgeons have talked a great deal to this + purpose, and of the water's going into the lungs or the thorax; + but unless you have more skill in anatomy than I you would not + be much edified by it. I acknowledge I never studied anatomy; + but I perceive that the doctors do differ in their notions + about these things.... Gentlemen, I was very much puzzled in my + thoughts, and was at a loss to find out what inducement there + could be to draw in Mr. Cowper, or these three other gentlemen, + to commit such a horrid, barbarous, murder. And on the other + hand, I could not imagine what there should be to induce this + gentlewoman, a person of plentiful fortune, and a very sober + good reputation, to destroy herself.' + +But if they believed the letters that had been produced to be in her +hand, there was evidence to show that although she was a virtuous woman, +a distemper might have turned her brains, and discomposed her mind. + + As to these three other gentlemen that came to this town at the + time of the last assizes, what there is against them, you have + heard; they talked at their lodging at a strange rate, + concerning this Mrs. Sarah Stout, saying, her business is done, + and that there was an end of her courting days, and that a + friend of theirs was even with her by this time. What you can + make of this, that I must leave to you; but they were very + strange expressions; and you are to judge whether they were + spoken in jest, as they pretend, or in earnest. There was a + cord found in the room, and a bundle seen there, but I know not + what to make of it. As to Mrs. Stout, there was no sign of any + circle about her neck, which, as they say, must have been if + she had been strangled; some spots there were; but it is said, + possibly these might have been occasioned by rubbing against + some piles or stakes in the river. Truly, gentlemen, these + three men, by their talking, have given great cause of + suspicion; but whether they, or Mr. Cowper, are guilty or no, + that you are to determine. I am sensible I have omitted many + things; but I am a little faint, and cannot remember any more + of the evidence. + +The jury then retired, and in half an hour returned with a verdict of +Not Guilty as to all the prisoners. + +The acquittal in this case led to an appeal of murder, the most curious +survival of the earliest English criminal procedure, which was not +finally abolished till 1819. The effect of such a proceeding was that +after an acquittal on an indictment for murder, the prosecutor might +challenge the accused to an ordeal by battle. Accordingly, in the long +vacation following the trial, Mrs. Stout, the mother of the dead woman, +sued a writ of appeal out of Chancery, against Cowper, in the name of an +infant who was her daughter's heir. The sealing of the writ was delayed, +it is said to nearly the last possible day, a year after the alleged +murder, for the purpose of keeping the matter in suspense as long as +possible; and the consent of the mother of the infant to Mrs. Stout's +being named as his guardian for the purpose, was obtained from her by a +fraudulent representation that the object of the proceeding was to +obtain the deceased woman's property for him. On discovering what its +real effect was, she and her friends applied to one Toler, the +under-sheriff of Hertfordshire, for the writ, and on his giving it up to +them, burnt it. On a rule being obtained for the return of the writ, and +it appearing that Toler had delivered it to the infant's mother, he was +adjudged guilty of a gross contempt, and heavily fined. Holt, Lord +Chief-Justice, said on this occasion that + + he wondered that it should be said that an appeal is an odious + prosecution. He said he esteemed it a noble remedy, and a badge + of the rights and liberties of an Englishman. The court of + king's bench, to show their resentment, committed Toler to the + prison of the king's bench for his fine, though the clerk in + court would have undertaken to pay it. And Holt, chief-justice, + said to Toler, that he had not been in prison long enough + before, and that he might now, if he pleased, go to Hertford + and make his boast that he had got the better of the king's + bench. + +Afterwards Mrs. Stout petitioned the Lord Keeper for another writ; the +infant and his mother presenting a counter-petition disowning their +former writ as sued forth without their consent. After an argument +before a full court it was decided that the Court had power to grant a +new writ, but that it would be unjust to grant one under the present +circumstances, because, among other reasons, the appellant and his +mother had renounced the writ as soon as they understood its nature, and +there was no proof that the appellees had been privy to their action. + +FOOTNOTES: + +[43] Spencer Cowper (1669-1727) was the younger brother of Earl Cowper, +who was the first Lord Chancellor of Great Britain. He was educated at +Westminster, and made Controller of the Bridge House Estates in 1690. At +the time of this trial his brother was the member for Hertford. In 1705 +and 1708 he represented Beeralston in Parliament; he was one of the +managers in Sacheverell's trial, and lost his seat in consequence, but +was afterwards elected for Truro in 1711. In 1714 he became +Attorney-General to the Prince of Wales, and in 1717 Chief-Justice of +Chester. On the accession of George the Second he was made +Attorney-General of the Duchy of Chester, and a Judge of the Common +Pleas in 1727. He died the same year. He was the grandfather of William +Cowper the poet. + +[44] Sir Henry Hatsell (1641-1714) was the son of an active Roundhead +who sat in the House of Commons during the Commonwealth. He was educated +at Exeter College, was called to the Bar in 1667, and became a Baron of +the Exchequer in 1697. The present trial was the most conspicuous with +which he was connected, from which fact it may be supposed that he never +enjoyed a very high reputation. He was removed from the Bench soon after +Queen Anne's accession. + +[45] This John Dimsdale was apparently the father of the first Baron +Dimsdale, who inoculated Catharine of Russia and the Grand Duke Paul, +her son, for smallpox in 1728. John's father was William, who +accompanied William Penn to America in 1684; so that it is not clear who +the Mr. Dimsdale, senior, and Dr. Robert Dimsdale of this trial were. +The family is, however, one which has long been settled in +Hertfordshire. + +[46] _Vulgar Errors_, Book IV., ch. vi., 'Of Swimming and Floating.' + +[47] The Lord of the Manor might have a right to the forfeited goods of +a felon. + +[48] Sir Hans Sloane (1660-1753) was born in Co. Down. He studied +medicine abroad, and was elected a member of the Royal Society in 1685. +In 1687 he went to the West Indies as secretary to the Duke of +Albemarle, and made valuable scientific collections. He was elected +secretary of the Royal Society in 1693, and succeeded Sir Isaac Newton +as president of the same body in 1727. He was physician to Queen Anne +and George the Second, and founded the botanical garden at Chelsea for +the Society of Apothecaries. He left his collections to the nation, and +they formed part of the original nucleus of the British Museum. Sloane +Street and Hans Square derive their names from him. + +[49] The lay reader must observe that Sloane is talking of the 'civil +law.' + +[50] William Cowper (1666-1709) was a leading surgeon at the time of +this trial, having been elected a member of the Royal Society in 1696, +and in 1698 having published a treatise on anatomy, which led to a +vigorous controversy between him and a Dutch doctor of the name Bidloo, +whose anatomical plates he seems to have adopted for his own work. He +subsequently published a variety of papers on surgery, and was the +discoverer of Cowper's glands. + + + + +SAMUEL GOODERE AND OTHERS + + +On the 18th of March 1741, at the Bristol Gaol-delivery, Samuel +Goodere,[51] Matthew Mahony, and Charles White were indicted for the +murder of Sir John Dineley Goodere, the brother of the first-named +prisoner. They were tried before Serjeant Michael Foster.[52] The trial +was adjourned to the 26th on account of Goodere's health, when there +appeared for the prosecution _Vernon_, and for the prisoner _Goodere_, +_Shepard_ and _Frederick_. The other prisoners were undefended. + +_Vernon_ opened the case. He began-- + + May it please you, Mr. Recorder, and you, gentlemen that are + sworn on the jury, I am counsel for the King against the + prisoners at the bar, who stand indicted for the murder of sir + John Dineley Goodere; they are also charged on the coroner's + inquest with the same murder; and though it is impossible for + human nature not to feel some emotions of tenderness at so + affecting a sight as now presents itself at the bar; yet, + gentlemen, should the guilt of this black and frightful murder + be fixed upon the prisoners (as from my instructions I fear it + will be), pity must then give way to horror and astonishment at + the baseness and barbarity of the fact and circumstances; and + our sorrow ought to be that, through the lenity of the laws, + the unnatural author and contriver of so shocking a piece of + cruelty, and this, his brutal accomplice in the ruffianly + execution of it, should be to share the common fate of ordinary + malefactors. + + +He then proceeds to point out that the indictment alleges that Mahony +strangled the deceased, and that Goodere was present aiding and abetting +him in the act; that therefore it would be immaterial for the jury which +of the two actually committed the act, if they were acting together; and +that it would not be material whether they strangled the deceased with a +rope, a handkerchief, or their hands, 'so the kind of death be proved.' +Goodere was Sir John's brother, and there had long been a quarrel +between them owing to various causes, particularly because Sir John had +cut off the entail of a property in Worcestershire, to which Goodere +would otherwise have been the heir in default of Sir John's issue. He +had recently been appointed captain of the _Ruby_ man-of-war, and in +January last she was lying in the King's road, within the county of +Bristol. Sir John had been ordered to Bath for his health, and had made +an engagement to call, on his way there, at the house of Mr. Jarrit +Smith, in Bristol, to transact some business. Goodere had asked Smith to +arrange a meeting between him and his brother to effect a +reconciliation, and accordingly this visit, which was to take place on +Tuesday the 13th of January, had been fixed upon for the purpose. On +Monday the 12th, Goodere and Mahony called at the White Hart Inn, near +the foot of College Green, in view of, and almost opposite to, Smith's +house; and Goodere, commending the view from a closet above the porch, +ordered breakfast to be prepared for him there the next day. On Tuesday, +Goodere, accompanied by Mahony, and a gang of men belonging to a +privateer called the _Vernon_, whom he had hired to assist him in +seizing Sir John, 'but whom one would have thought, the name of that +gallant admiral should have inspired with nobler sentiments,' came to +the White Hart, where Goodere went upstairs to the closet he had +ordered, and the others posted themselves below to watch for Sir John. +He soon arrived, armed with pistols, and followed by a servant, but only +made a short stay at Mr. Smith's, promising to come again the next +Sunday. He was too well protected for it to be advisable to interfere +with his movements, but Goodere's men, at his order, followed him a +little way down the hill as he left the house. Mr. Smith afterwards told +Goodere that his brother would return the next Sunday, and advised him +to be in the way, that he might bring them together. Goodere accordingly +made all his arrangements to effect his purpose. He ordered one +Williams, a midshipman, to bring up the man-of-war's barge on Sunday, to +leave it at a point a little below Bristol, with two or three men in +charge of her, and to bring on the rest of the crew to meet him at the +White Hart, explaining that he was going to bring some one on board. +Accordingly, on the Sunday, Goodere, the barge-men, and the +privateersmen, all met at the White Hart; and at three in the afternoon +Goodere went across to Mr. Smith's. There he met his brother, with whom +he spent some time, conversing and drinking with him apparently on +perfectly friendly terms. After half an hour, however, Sir John rose to +go, followed by his brother; as soon as they got into the street Goodere +made a sign to his men in the White Hart, who immediately seized Sir +John, and partly led him, and partly carried him towards the boat which +was waiting for them, as Goodere had ordered. Sir John made what +resistance he could, calling out that he was ruined, and that his +brother was going to take his life; his captors, however, explained to +bystanders who tried to interfere that he was a murderer, whom they were +arresting, and kept off the crowd by means of the bludgeons and +truncheons with which they were armed. They could not prevent Sir John, +however, from calling out, as he was being put into the barge, that he +was going to be murdered, that the people by were to tell Mr. Smith, and +that his name was Sir John Dineley. The privateersmen were landed lower +down the river, and at about seven in the evening Sir John was brought +on board the _Ruby_. There his brother pretended to the crew that he was +a madman, and shut him up in the purser's cabin, on to the door of +which he had two new bolts fitted. A sentry was posted outside the door, +but at some time after midnight he was relieved by Goodere himself, who +admitted Mahony and White, keeping back another man from approaching it. +A struggle was heard in the cabin, and Sir John calling out, 'Murder! +must I die! Help, for God's sake! save my life, here are twenty guineas, +take it!' Then Mahony called for a light, which was handed in to him by +Goodere, while he still kept another man away from the cabin door by his +cutlass. Goodere then withdrew to his cabin, and Mahony and White were +put ashore in the ship's yawl. In the morning the ship's cooper, who had +heard Sir John calling out, and in fact seen a part of the attack on him +through a chink, broke open the door of the purser's cabin and found the +dead body. Goodere was then arrested by the crew, and brought before the +Mayor of Bristol, where he denied all knowledge of the matter. + +_Shepard_ asked that the witnesses for the prosecution should be ordered +out of court. + +_Vernon_ replied that he had no right to this, and that as it would seem +to cast a slur upon their honesty he objected to it being done. + +_Shepard_ admitted that he had no right to it, but asked it as a favour; +on which all witnesses were ordered to leave the court, an exception +being made in favour of Mr. Jarrit Smith, who claimed a right to be +present as he was prosecuting solicitor as well as a witness. + +_Chamberlayn_ was called, and said that about three weeks before the +death of Sir John he was asked by Goodere to interpose with Mr. Jarrit +Smith to bring about a reconciliation between him and Sir John. He went +to Mr. Smith as he was asked to, and he promised to do all he could in +the matter. The brothers had been at law a long while, and spent a great +deal of money, and that was why Goodere wanted Mr. Smith to bring about +a reconciliation between them. + +_Jarrit Smith_ was then called, and deposed that Mr. Chamberlayn had +brought him the message he had described, and had brought Goodere to his +house, and that he had promised him to do what he could to bring about a +reconciliation. + + Some little time after they were gone, I saw sir John, and told + him that Mr. Goodere had applied to me to do all I could to + reconcile them. Sir John seemed to speak much against it at + first, and thought it would be to no purpose; for that he had + been a real friend to the captain, who had used him very ill; + but at last he was pleased to pass a compliment on me, and + said, I cannot refuse anything you ask of me. He then mentioned + several things the captain had said; and in particular told me + that at the death of sir Edward Goodere, his father, Mr. + Goodere, the prisoner, had placed several persons in the house + where sir Edward lay dead, in order to do him some mischief, + and he apprehended to take away his life. + + SHEPARD--I must submit it to the Court, that what sir John said + at that time is not a matter of evidence. + + THE RECORDER--It is not evidence, but perhaps it is + introductory to something Mr. Smith has further to say; if it + be not, it should not have been mentioned. + + SMITH--And that he had endeavoured to set aside a common + recovery, and made strong application to the Court of Common + Pleas for that purpose. + + SHEPARD--Whether this be evidence, I insist upon it that in + point of law it is not, and it may have an effect on the jury. + + THE RECORDER--I will take notice to the jury what is not + evidence. Go on, Mr. Smith. + + SMITH--After sir John had repeated several stories of this + sort, he concluded at last (as I told you before), And why, Mr. + Smith, if you ask it of me, I can't refuse. I saw Mr. Goodere + soon after, and told him I had seen sir John and talked with + him, and he was pleased to tell me, that he would see him, and + bid me contrive a convenient place to bring them together. I + told Mr. Goodere about the attempt to set aside the recovery. I + wonder, said Mr. Goodere, he should mention anything of that, + for I can set it aside when I please. I told him, I thought he + could not; for, said I, I have a good opinion on it, and am to + lend a large sum of money on the Worcestershire estate. He + said, I wonder that any body will lend him money on that + estate; I am next in remainder, and they will run a risk of + losing their money, I do assure you; and he cannot borrow a + shilling on it without my consent: but if my brother was + reconciled, then, if we wanted money, we might do it together, + for he cannot secure it alone. He told me, that he should take + it as a great favour, if I could fix a time as soon as I could + to bring them together. Soon after I saw sir John, and he told + me he was very deaf, and was advised to go to Bath, and then + appointed to be with me on Tuesday, the 13th of January last, + in the morning, when he would talk with me about the business + of advancing the money on his estate. After this I saw Mr. + Goodere, and told him that I had seen his brother; that he was + to be with me on Tuesday, the 13th of January last, and desired + him to be in the way, for sir John was always very punctual to + his appointment; and if business or anything happened to + prevent him he always sent me a letter. Mr. Goodere thanked me, + and told me he would be in the way; and on the Tuesday morning + sir John came to me on horseback, just alighted and came into + my office. I asked him to sit down, which he refused, saying + his head was bad; that he must go for Bath, having been advised + to go there for some time, and then he did not doubt but he + should be better. I told sir John, that his brother knew he was + to be in town therefore hoped he would sit down a little, for + that I had promised him to bring them together. He said, I + can't now, but you shall see me again soon, and then I may do + it. I asked him, when shall I see you again, to finish the + business you and I are upon? the writings are ready, name your + own time, the money will be paid. He appointed to be with me on + Monday morning to settle that business; and said, I shall come + to town the Saturday or Sunday before, and when I come I will + let you know it: he then mounted his horse and rid off. + Shortly after (as I was going to the Tolzey) at, or under + Blind-gate, I met Mr. Goodere, and told him I was glad to see + him and that his brother had been in town. He said he had seen + him and thought he looked better than he used to do. I told Mr. + Goodere that his brother had appointed to be with me on Monday + morning next on business, and I expected him to be in town + either the Saturday or Sunday before. I then had many + compliments from Mr. Goodere, and he said, how good it would be + to make up the matter between him and his brother. I heard + nothing of sir John being in town till Sunday the 18th of + January last, in the morning, when he sent me a letter to let + me know that he came to town the night before, and would be + glad to call upon me at any time I would appoint. I sent him + for answer, that I was to dine from home, but would return and + be at home at three o'clock that afternoon. And as I was + passing by, I stopt the coach at captain Goodere's lodgings in + Princes Street. I asked if he was at home? Found him alone, and + then shewed him sir John's letter. He read it, and asked the + time I appointed. I told him three o'clock that afternoon. Said + he, I think my brother writes better than he used to do. I + said, Mr. Goodere, I think it would be best for you to be + accidentally on purpose at that time at my house. No, says he, + I don't think that will be so well, I think it would be better + for you to send for me. I returned to my house, and my servant + told me that sir John had called, and that he would be here + again presently. Whilst my servant was telling this, sir John + came in; I took him by the hand, and asked him how he did? I + thank God, says he, I am something better; and after I have + settled this affair with you, I will go to Bath for some time, + and then, I hope, I shall be better. I said, captain Goodere is + waiting, I beg you will give me leave to send for him; you know + you said you would see him. With all my heart, says sir John, I + know I gave you leave. I then sent down a servant to captain + Goodere's lodgings, to let him know sir John was with me, and + desired him to come up. The servant returned, and said, Here is + captain Goodere; on which I said, sir John, please to give me + leave to introduce your brother. He gave me leave: captain + Goodere came in, went directly and kissed him as heartily as + ever I had seen any two persons who had real affection one for + the other. I desired them to sit down. Sir John sat on one side + of the fire, and captain Goodere on the other, and I sate + between them. I called for a table and a bottle of wine, and + filling a full glass, I said, sir John, give me leave to drink + love and friendship. Ay, with all my heart, says sir John; I + don't drink wine, nothing but water; notwithstanding, I wish + love and friendship. Captain Goodere filled a bumper, and + pledged it, spoke to his brother, and drank love and friendship + with his brother's health. We sate some time, all seemed well, + and I thought I could have reconciled them. The cork lying out + of the bottle, captain Goodere takes up the cork in his hand, + put it into the mouth of the bottle and struck it in very hard. + I then said, though sir John will not drink wine, you and I + will. No, says captain Goodere, I will drink water too, if I + drink any more; and there was no more drank. After they had + talked several things (particularly captain Goodere of the + pleasantness of the situation of the estate in Herefordshire + and goodness of the land) in a very pleasant and friendly way, + sir John rose up, and said, Mr. Smith, what time would you have + me be with you to-morrow morning? I appointed nine o'clock. He + said, Brother, I wish you well; then said to me, I will be with + you half an hour before. Sir John went down the steps; the + captain was following; I stopt him, and said, Pray don't go, + captain, let you and I drink a glass of wine. No more now, I + thank you, sir, said he. I think, said I, I have done great + things for you. He paused a little and said, By God, it will + not do; and in a very short time the captain went very nimbly + down the steps. I followed him to the door, and observed him to + go after sir John down the hill; and before he turned the + churchyard wall, to be out of my sight, I observed some sailors + come out of the White Hart ale-house, within view of my door, + and they ran up to captain Goodere. I heard him say, Is he + ready? (I thought he meant the boat), they said, Yes. He bid + them make haste. Then they ran very fast towards the + lower-green, one of them having a bottle in his hand; captain + Goodere went very fast down the hill, and had it not been by + mere accident I should have followed him (but some people think + it was well I did not), for I promised my wife to return to the + house where we dined in Queen's-square, where I went soon + after. + + MR. RECORDER--Mr. Smith, did they all go toward the lower + green? + + SMITH--No, Sir; but some towards the butts on St. Augustine's + back. Sir John went that way, and captain Goodere followed him; + but the men who came out of the ale-house went toward the lower + green some of them. About 5 o'clock in the evening, as I was + riding up the hill towards the College-green I observed a + soldier looked hard at me into the coach, as if he had + something to say, and seemed to be in a confusion. I walked + into the court, the soldier with me, and then he said, I am + informed, Sir, your name is Mr. Jarrit Smith. Yes, says I, it + is. (What I am now going to say, Mr. Recorder, is what the + soldier told me.) He told me, that as he was drinking with a + friend at the King's Head ale-house at the Lime-kilns, he heard + a noise, and ran out to see what was the matter, when he saw a + person dressed (as he described) like sir John's dress. + + VERNON--Pray, Sir, how was sir John dressed? + + SMITH--Sir John was dressed in black clothes, he had a ruffled + shirt on, a scarlet cloak, a black velvet cap (for the sake of + keeping his ears warm) and a broad-brimmed hat flapping. He + described this exactly, and told me likewise, that the captain + of the man-of-war and his crew had got the person into custody, + and by force had put him on board the man-of-war's barge or + boat lying near the Slip, by the King's Head; that the + gentleman cried out, For God's sake if you have any pity or + compassion upon an unfortunate man, go to Mr. Jarrit Smith, and + tell him how I am used: and that the captain hearing him cry + out, stopt his mouth with his hand. + + MR. RECORDER--What did the soldier desire of you? + + SMITH--The soldier desired me to enquire into it, for that he + did not know the intention of taking off a gentleman in that + way. + + MR. RECORDER--Did you do any thing on that request of the + soldier? + + SMITH--Yes, Sir; it immediately occurred to me, that sir John, + when he left my house, told me that he was going to his + lodgings. I went to his lodgings (which was at one Mr. Berrow's + near the mint), I there asked for him, and related the story I + had heard; they told me they had not seen him since he went to + my house. + + VERNON--Mr. Smith, Sir, will you inform us by what name the + unfortunate gentleman (you are speaking of) was commonly + called? + + SMITH--Sir John Dineley Goodere; his mother was a Dineley, and + there came a great estate from her side to him, which + occasioned his being called by the name of Dineley. + + VERNON--When sir John went from your house on Tuesday, was he + alone, or had he any attendants with him? + + SMITH--Sir John was well guarded; he had pistols, and I think + his servant had pistols also. + + VERNON--I think you told us but now, that sir John was to be + with you on Sunday; pray, when did you let Mr. Goodere know it, + Sir? + + SMITH--I met captain Goodere that very day at Blind-gate, and + told him of it; and he said, he had met his brother himself. + + VERNON--Pray, Sir, did Mr. Goodere tell you, to whom the estate + would go on sir John's death? + + SMITH--Yes, he has often said he was the next remainder man, + and that the estate would come to himself on his brother's + death. + + MR. RECORDER--Well, Mr. Goodere, you have heard what Mr. Smith + hath said, have you any questions to ask him? + + MR. SHEPARD--Mr. Recorder, what I have to ask of you, with + submission, in behalf of Mr. Goodere, is, that you will indulge + counsel to put his questions for him to the Court, and that + the Court will then be pleased to put them for him to the + witnesses. It is every day's practice at the courts of + Westminster, Old Bailey, and in the Circuit. + +_Vernon_ replied that the matter was entirely in the discretion of the +Court, and that Shepard could ask for nothing as a matter of right. + + The judges, I apprehend, act as they see fit on these + occasions, and few of them (as far as I have observed) walk by + one and the same rule in this particular; some have gone so far + as to give leave for counsel to examine and cross-examine + witnesses, others have bid counsel propose their questions to + the court; and others again have directed that the prisoner + should ask his own questions; the method of practice in this + point is very variable and uncertain; but this we certainly + know, that by the settled rule of law the prisoner is allowed + no other counsel but the court in matters of fact, and ought + either to ask his own questions of the witnesses, or else + propose them himself to the Court. + +He then asked Jarrit Smith one more question, to which he replied. + + VERNON--Sir, I think you were present when Mr. Goodere was + brought to Bristol after his brother's being killed; I'd be + glad to know whether you then heard him say anything, and what, + concerning this foul business? + + SMITH--I was present when Mr. Goodere was brought to Bristol + after this murder happened, when he was asked (before the + justices) about the seizing, detaining and murdering sir John + Dineley; and he then directly answered that he did not know + that his brother was murdered or dead. He was then asked in + relation to the manner of seizing him, and carrying him away; + he said he knew nothing of it till he came to the boat, and + when he came there he saw his brother in the boat; but he did + not know that his brother had been used at that rate. + + SHEPARD--Mr. Smith, Sir, you are speaking about sir John; by + what name did you commonly call him? + + SMITH--Sir John Dineley Goodere. + + THE RECORDER--Mr. Goodere, have you any questions to ask Mr. + Smith? + + GOODERE--Yes, Sir. Mr. Smith, I ask you what sir John Dineley's + business was with you, and how much money were you to advance? + + SMITH--Five thousand pounds, Sir; and I told him that I was + satisfied that it was a good title. + + GOODERE--I ask you if you knew him to be a knight and a + baronet? + + SMITH--I can't tell; I never saw the letters patent. + + GOODERE--Can't you tell how you styled him in the writings? + +_Vernon_ objected to this, because baronetage must be derived from +letters-patent, and therefore could not be properly proved by Mr. +Smith's personal knowledge; and added that it was not material, because +the indictment alleged that the person murdered was Sir John Dineley +Goodere, and the prosecution would prove that he usually went by that +name. + +To this _Shepard_ answered that if the person killed was a baronet, and +was not so described, there was a misdescription, and the prisoners +could not be convicted on that indictment. + +_Vernon_ then argued at some length that the necessity of setting out a +personal description in an indictment applied only to the defendant, and +that all that the law required in the description of the person on whom +the offence was committed was a convenient certainty; and that a +description by the Christian and surname sufficed. Besides, this was all +begging the question, for as it did not appear in proof that the +deceased was a baronet, he might, for all that appeared judicially, have +been christened Sir John. + + Had we called the deceased in the indictment sir John Dineley + Goodere baronet, then, Sir, we should probably have been told + that we had failed in proof of the identity of the person, for + that the baronetage was in its creation annexed to, and made a + concomitant on, the patentee's name of Goodere, and waited only + on that name; and that the deceased, considered as a baronet, + was not of the maternal name of Dineley, and so upon the matter + no such person as sir John Dineley Goodere baronet ever existed + _in rerum natura_.[53] + + +_Shepard_ pointed out that they could not be expected to produce +letters-patent to show that the deceased was a baronet, because the +prisoner had not been allowed to see, or to have a copy of his +indictment; and that it was only on hearing it read that the defence +became aware that the deceased was not described as a baronet. He +therefore hoped that Goodere might be allowed to ask the question he +proposed of Mr. Smith, who having been familiar with Sir John, and seen +all his papers and title-deeds, must know the certainty of his title and +degree. + +_The Recorder_ held that it was sufficient if the deceased was described +by his Christian and surname; and that the question proposed to the +witness was improper, for that it was not material whether the deceased +was a baronet or not.[54] + +_Morris Hobbs_ was the landlord of the White Hart. He could see Mr. +Jarrit Smith's house from his windows; and had seen the prisoners +before. + + VERNON--I would not lead you in your evidence, but would be + glad you'd give an account to Mr. Recorder, and the jury, + whether Mr. Goodere (the gentleman at the bar) applied to you + about coming to your house; if so, pray tell us when it was, + and upon what occasion? + + HOBBS--The 12th of January (which was on Monday) captain + Goodere and Mahony came to my house; captain Goodere asked my + wife, Have you good ale here? She said, Yes; he also asked, + What place have you over-head? I answered, A closet, a place + where gentlemen usually sit to look out. Will you please to let + me see it, says he? Yes, Sir, said I. I went up to shew it, he + and Mahony went up; the captain said it was a very fine + prospect of the town; he asked for a pint of ale, I drawed it, + and he gave it to Mahony, he drank it: and then the captain + asked my wife, whether he might have a dish of coffee made + to-morrow morning? Sir, said she, it is a thing I don't make + use of in my way; but, if you please, I will get it for you. + Then he told her, he would be there to-morrow morning by about + nine o'clock. Mahony was by then. + + VERNON--Did you hear this discourse pass between your wife and + Mr. Goodere? + + HOBBS--Yes, I did, and then the captain paid for his pint of + ale, and went away; and the next morning (being Tuesday the + 13th of January) he came again to my house before my wife was + up, and I was making the fire (for I keep no servant). I did + not know him again, I thought he was another man; says he, + Landlord, can't you open them windows in the parlour? I told + him, I would, and so I did; he looked out, and I thought that + he had been looking for somebody coming from College prayers. + He asked where my wife was? Says I, she is a-bed: because, said + he, I talked with her about having some coffee for breakfast. I + told him, she should come down presently, but I had much rather + he would go down to the coffee-house, where he would have it in + order. No, says he, I will have it here. My wife came down, he + asked if he might go upstairs where he was before; he went up, + and by and by Mahony and three men more came in; I did not know + Mahony's name; when they came in, the captain was above stairs; + he directed me to make his men eat and drink whatever they + would, and he would pay for it; I brought them bread and + cheese, they eat what they pleased; Mahony went backwards and + forwards, up stairs and down several times; he went out, but + where, or what for, I did not know. + + VERNON--Did Mahony, when he went up stairs, go in to Mr. + Goodere? + + HOBBS--Yes, several times; Mahony put the coffee, and some + bread and butter, and made the toast, and did everything for + the captain, I thought he had been his footman. When the + captain had breakfasted, and had made the men welcome, he + shifted himself (some porter brought fresh clothes to him). By + and by a man rid along, who, I believe, was sir John Goodere's + man, with pistols before him; I heard somebody say that it was + his man: and soon after the captain had shifted himself, Mahony + went out about a quarter of an hour, and came back sweating, + and went up to the captain; and I looking out of the window saw + the man on horseback, and leading another horse (which I took + to be his master's) and by and by sir John mounted, and rid + down between my house and the church; and I had some glimpse + of him, and heard the captain say, Look well at him, but don't + touch him. + + THE RECORDER--This you heard the gentleman above stairs say to + the four men below? + + HOBBS--Yes, Sir, he spoke these words to the four who came in. + + VERNON--Did sir John and his man appear to have any arms? + + HOBBS--Yes, Sir, they had both pistols before them. + + VERNON--Those men that were along with Mahony, do you know what + ship they belonged to? + + HOBBS--There was a young man, I believe something of an + officer, came to my wife, and asked her, Is the captain of the + man-of-war here? She answered that she did not know; but there + was a gentleman above, and there were six other men besides in + the other room in another company, which I did not know + belonged to the captain, until he ordered six pints of ale for + them. The captain ordered entertainment for ten men. + + VERNON--Where were those six men? + + HOBBS--In the kitchen; they did not belong to the man-of-war, + nor were not in company with the other four. + + VERNON--Now, will you proceed to give an account what followed + upon Mr. Goodere's saying, Look well at him, but don't touch + him. + + HOBBS--As soon as sir John went down the hill, this Mahony + stept up to the captain and came down again, and he and the + other three in his company went down the hill, and the captain + followed them; the clothes which the captain pulled off were + left in the room; when the captain was going out at the door + with his sword and cloak, I thought I was pretty safe of my + reckoning, because of his clothes being left. The captain said + at the door, Landlady, I will come back and pay you presently. + + VERNON--How long was it before Mr. Goodere returned to your + house? + + HOBBS--He came again in about a quarter of an hour: When he + came again, he went upstairs, changed a guinea, he asked what + was to pay? I told him four shillings and one penny half-penny, + and then went away. About an hour and a half after Mahony and + the other came again, sweating, and said they had been a mile + or two out in the country. Mahony asked credit for a tankard of + ale, and said his master would come up on Saturday following, + and then he would pay for it: Well, said I, if he is to come up + on Saturday, I will not stand for a tankard of ale; but if he + don't come, how shall I have my reckoning? Says Mahony, I live + at the Scotch arms in Marsh-street. Well, said I, I will not + deny drawing you a tankard of ale, if you never pay me. Said + he, You had best get the room ready against Saturday, and make + a fire, and just dust it. + + VERNON--Pray, when Mr. Goodere went away from your house was he + in the same dress as when he came that day? + + HOBBS--No, Sir. When he came there he had a light-coloured + coat, and he looked like a country farmer at his first coming + in; but when he was out, he had a scarlet cloak on, wore a + sword, and had a cane in his hand; a porter brought him the + things. + + VERNON--Do you know any thing of what happened on the Sunday + following? + + HOBBS--Yes, Sir; the Sunday morning Mahony came to my house, + having trousers, a short jacket and leather cap on, asked for a + quart of ale, this was Sunday: My wife said, Don't draw any + more upon tick. Mahony gave a sixpence and paid for it, and + said, See that the room be clear, the captain will be up in the + afternoon, and then he will be here; And as he was going out of + the house, he said to me, If you fortune to see that gentleman + go up with the black cap before that time, do you send a porter + to me to the Scotch arms. I told him I had no porter, and could + not send. About 3 o'clock in the afternoon when he came again + with a person who had a scalled face, and one or two more, a + man who lodged in the house came and told me, that they wanted + to go up stairs; but I would not let them, because it was in + service-time. They all went into the parlour, and had a quart + of ale, and when that was drunk, Mahony called for another; and + then eight or nine men more came and called for ale, and went + into the parlour, but still kept looking out; and one of them + being a little fellow, I don't know his name, kept slamming the + door together, ready to break the house down. Says I, Don't + break my house down about my ears, don't think you are in + Marsh-street; then the little fellow came up as if he was going + to strike me, as I was coming up out of the cellar with a + dobbin of ale in my hand, for a gentleman going to the college; + I saw this gentleman (pointing to the prisoner Samuel Goodere) + and the deceased walk down the hill, I looked after them, and + so did Mahony; and then all those men rushed out, and followed + them. Mahony paid the reckoning, and went away: I ran in to see + after my tankard for I was more afraid of losing that than the + reckoning. And that is all I do know from the beginning to the + end. + + VERNON--How long did he continue at your house on the Sunday? + + HOBBS--I believe, Sir, an hour and a half; and there was some + or other of them still looking out and waiting at the door. + + THE RECORDER--You say that Mahony desired you that if you saw + the gentleman in the black cap go by, to send a porter; who did + you apprehend that gentleman to be? + + HOBBS--The gentleman that rode down the Tuesday. + + ONE OF THE JURY--To what place were you to send the porter? + + HOBBS--To the Scotch arms in Marsh-street, where Mahony lodged, + if the gentleman in the black cap did go up to Mr. Smith's. + + VERNON--I think, you say, you saw Mr. Goodere on the Sunday go + down the hill, after the gentleman in the black cap? + + HOBBS--I did, Sir; but nobody at all was with him. + + GOODERE--Did you see me at all that day? + + HOBBS--Yes, Sir, I saw you go into Mr. Jarrit Smith's; and when + you came down the hill, after the gentleman in the black cap, + you called out to Mahony and his company, and bid them to look + sharp. + + GOODERE--Did you see anybody with me that day? I was not at + your house that day. + + HOBBS--I did not say you were; but as you was going to Mr. + Jarrit Smith's, I heard one of your men say, There goes our + captain, or else I had not looked out. + + MAHONY--I beg leave, my lord, to ask him, who it was that the + captain bid Mahony to look sharp to? + + HOBBS--The gentleman with the black cap. + + THE RECORDER--Was the gentleman in the black cap, at whose + going by they all rushed out, the same gentleman whom you had + seen before go to Mr. Jarrit Smith's? + + HOBBS--Yes, Sir, but Mahony gave half-a-crown for my reckoning, + and as they rushed out so hastily, I was afraid they had taken + away my tankard; for which reason I went to look after it, and + saw no more. + + +_Thomas Williams, sworn._ + + VERNON--Mr. Williams, I think you belonged to the _Ruby_ at the + time when this melancholy affair happened? + + WILLIAMS--Yes, Sir. + + VERNON--What station were you in? + + WILLIAMS--I was ordered to walk the quarter-deck. + + VERNON--Will you give an account of what you know in relation + to the ill-treatment of sir John Dineley Goodere? Tell all you + know about it. + + WILLIAMS--I came up on Sunday the 18th day of January last for + my commander, went to his lodgings, he was not at home. I was + told there that he dined that day at Dr. Middleton's and he was + just gone there. I went to Dr. Middleton's after him, and he + was just gone from thence; I then returned to his lodgings and + found him there; I told him the barge was waiting for his + honour. He asked me if I knew the river, and if I knew the + brick-yard at the lime-kilns? I told him that I knew the + lime-kilns, and at last I recollected that I did remember the + brick-yard he meant. That is well enough, says he. While I was + there, Mahony came up to him, and the captain desired of me to + go down stairs, for he wanted to speak to Mahony in private. I + went down stairs, by and by Mahony came down and went away; + then I went up to captain Goodere again, when he directed me to + get all the hands together, and go down into the barge, and, + says he, let it be landed at the brick-yard. He asked me, if I + knew the White Hart in the College Green? I told him, I did, + and he directed me to take eight men up with me to the White + Hart, and let two remain in the boat for I have a gentleman + coming on board with me. I did as I was ordered; and when I + came to the White Hart, I saw Mahony and some of the + privateer's men with him there in a room; I did not like their + company; I went into the kitchen; I asked the landlord to make + me a pint of toddy; he asked me, whether I would have it hot or + cold; I told him a little warm; he was going about it but + before it was made, Mahony and the privateer's men rushed out + of the house: I seeing that, followed them; they had the + gentleman in possession before I came to them, and were + dragging him along. I asked them what they were at? One of the + privateer's men told me, if I did not hold my tongue he would + throw me over the key into the river, and immediately captain + Goodere came there himself; The privateer's men asked what they + should do with him, and he directed them to take him on board + the barge. I followed them down the butts, the gentleman cried + out Murder, murder! Mr. Stephen Perry, the anchor-smith, came + out of his house, and asked me what was the matter; I told him + I did not know: Mahony said he was a murderer, he had killed a + man on board the man-of-war, and that he had run away; they had + carried him before a magistrate, and he was ordered back to the + man-of-war to be tried by a court-martial. + + THE RECORDER--Was the captain within hearing at the time Mahony + said that? + + WILLIAMS--He was just behind. + + THE RECORDER--Was he within hearing? + + WILLIAMS--He was; and when they had brought him into the barge + captain Goodere desired to have the cloak put over sir John to + keep him from the cold, but sir John said he did not want a + cloak, neither would he have it. The privateer's men wanted me + to put them on the other side the water, but I said I would not + without the captain's orders. They asked the captain, and he + directed me to do it, and I put them ashore at the glass-house, + and just as we came over against the hot-wells, there was a + gentleman standing whom sir John knew, to whom sir John cried + out, Sir, do you know Mr. Jarrit Smith? But before he could + speak any more, the cloak was thrown over him to prevent his + crying out, and the captain told me to steer the barge on the + other side, until we got clear of the noise of the people; and + when we were got clear, he directed me to steer the boat in the + middle, as I ought to do. I obeyed his orders. + + THE RECORDER--Who threw the cloak over him? + + WILLIAMS--The captain. And the captain being as near to sir + John as I am to your lordship, sir John asked the captain what + he was going to do with him? Says the captain, I am going to + carry you on board, to save you from ruin, and from lying + rotting in a gaol. + + VERNON--And what reply did sir John make to that? + + WILLIAMS--He said, I know better things, I believe you are + going to murder me; you may as well throw me overboard, and + murder me here right, as carry me on board ship and murder me. + No, says the captain, I am not going to do any such thing, but + I would have you make your peace with God. As I steered the + boat, I heard all that passed. We brought sir John on board + between 7 and 8 o'clock, he could hardly go up into the ship, + he being so benumbed with cold; he did go up of his own accord, + with the men's assistance. + + VERNON--How was he treated on board the man-of-war? + + WILLIAMS--Sir, I don't know how they treated him after he went + on board the ship. I was excused from watching that night so I + went to my hammock; but after I was got out of my first sleep, + I heard some people talking and walking about backwards and + forwards: I was surprised; at last I peeped out of my hammock, + and asked the centinel what was o'clock. He said, between two + and three. And then I saw captain Goodere going down the ladder + from the deck towards the purser's cabin, but for what + intention I know not. I believe he came from his own cabin. + + THE RECORDER--Whereabout is the purser's cabin? + + WILLIAMS--The purser's cabin is in a place called the Cockpit, + the lower steps of the ladder is just by the door of the + purser's cabin. + + THE RECORDER--And it was that ladder you saw the captain go + down, was it? + + WILLIAMS--Yes, Sir, it was. + + VERNON--Mr. Williams, you have not told us all the particulars + of sir John's treatment between the seizing and carrying him to + the barge. + + WILLIAMS--One of the men had hold of one arm, and another the + other, and a third person was behind shoving him along. + + VERNON--Where was captain Goodere then? + + WILLIAMS--He was just behind him. + + VERNON--How near was he to him? + + WILLIAMS--Sometimes he was as near to him as I am to you. + + THE RECORDER--How many were there in the company, do you think, + in the rope-walk, when they were carrying sir John along? + + WILLIAMS--There were five of the privateer's men, and Mahony + made six, and there were nine belonging to the barge; about + sixteen in all. + + RECORDER--At what distance were you? + + WILLIAMS--At a pretty great distance; I walked just before + them; I saw them take him along in the manner I have said; I + heard sir John cry out murder several times as he went, as they + took him along the rope-walk. + +In answer to Goodere, the witness said that he slept on the starboard +side of the gun-room, and that he could see people coming down into the +cockpit, because the gun-room came unusually far out; there was no other +cabin but the purser's in the cockpit. He did not know where the ship +lay, being but a foremast man. + + +_Samuel Trivett, sworn._ + + VERNON--Will you give an account to Mr. Recorder and the Jury + of what you know relating to this business? + + TRIVETT--On Sunday the 18th of January last, I was at a public + meeting in the rope-walk; I heard a noise of people cried, Damn + ye, stand off, or else we will knock your brains out; I stepped + up, and asked what right they had to carry a man along after + that manner? I followed them: their answer was, it was a + midshipman who had committed murder, and they were taking him + down to the ship to do him justice; other people likewise + followed, enquiring what was the matter the gentleman was + behind, and ordered them to make more haste. + + VERNON--Look upon the prisoner at the bar, Mr. Goodere; is that + the gentleman that ordered them to make more haste? + + TRIVETT--I believe that is the man, my lord. On the gentleman's + ordering them to make more haste, five or six of them caught + him up in their arms, and carried him along; and as they were + got down about the corner of Mr. Brown's wall, he insisted upon + their making more dispatch, and then they hurried him as far as + captain Osborn's dock. By that time his clothes were ruffled + and shoved up to his arm-pits; they put him down, and settled + his clothes, and then I saw his face, and knew him to be sir + John Dineley: he cried out murder several times, and said, they + were taking him on board to kill him, he believed. As they were + going with him along, he cried out to Mrs. Darby, For God's + sake assist me, they are going to murder me. I told Mrs. Darby + it was sir John Dineley: she said she knew him; the cloak was + then over his face. As they got him further, he called out to a + little girl, to get somebody to assist him, for they were going + to murder him. They pushed him along to Mrs. New's house, and + made a little stop there, and then they brought him to the + water-side, where was a boat; they put out a plank with ledges + nailed across: he was ordered to go on board the boat; they got + him on board, and put him to sit down in the stern-sheet: then + he cried out, For God's sake, gentlemen, if any of you know Mr. + Jarrit Smith in the College-green, tell him my name is sir John + Dineley. One of the men put his cloak and covered him, and + before he could say any more, that gentleman (pointing to the + prisoner Goodere) took his hand and put it on his mouth, and + would not let him speak any further, and ordered the boat to be + pushed off, which was done; and the tide making up strong, the + boat got almost to the other side. I heard that gentleman + (pointing as before) say, Have you not given the rogues of + lawyers money enough already? Do you want to give them more? I + will take care that they shall never have any more of you; now + I'll take care of you. + + THE RECORDER--Prisoners, will either of you ask this witness + any questions? + + GOODERE--No, I never saw the man before in my life. + + +_Thomas Charmsbury, sworn._ + + CHARMSBURY--On Sunday the 18th of January last, between the + hours of four and five in the afternoon, I was on board the + ship called the _Levant_, lying in Mr. Thompson's dock; I heard + a noise coming over the bridge of the dock, and I saw a man in + a scarlet cloak, and a parcel of people, some before and some + behind, guarding of him, and he made a noise. I went towards + them, to see what was the matter, and at Mr. Stephen Perry's + counting-house (they rested) I asked, what was the matter? + They said, he had killed a man on board a man-of-war; that he + had run away; and they had had him before a magistrate, and he + was ordered on board the king's ship to be carried round to + London to take his trial. Mr. Perry (on hearing the noise) came + out and saw him; says Mr. Perry, Gentlemen, do you know what + you are about? I would not be in your coats for a thousand + pounds, for it is 'squire Goodere. They threatened to knock + down any that should come near; a fellow, I take him to be + Mahony, came up to me, and threatened to knock me down several + times. They took and carried him as far as captain James Day's + lofts and warehouse, where he keeps his hemp; and there they + rested him again, and threatened to knock down any that should + come near them. Then said Mahony, Damn ye, here comes the + captain. Immediately I turned about, and saw a gentleman with + his cane poised in one hand, and his sword in the other; he had + a dark shag coat and yellow buttons, whom I take to be that + gentleman the prisoner at the bar. They took up the man in the + scarlet cloak again, and carried him so far as coming out from + the lower College-green into the rope-walk: the prisoner + Goodere came up to them and ordered them to mend their pace; + they took him up again, and carried him as far as Brown's + garden, at the lower end of the rope-walk, as fast as they + could well carry him, where they settled his clothes, and in + the meanwhile the prisoner Goodere came up to them again, and + ordered them to mend their pace. With much difficulty they got + him between the gate and stile, and carried him as far as the + warehouse at the corner of the glass-house, there they rested + and settled his clothes again; then they took him up, and + carried him down to the Lime-kilns, as far as the lower part of + the wall below madam New's; and then brought him down to a + place opposite to the King's-head, and then they put him on + board a boat (I take it the man-of-war's barge) having ten + oars, and they handed him in. After, the prisoner Goodere went + into the boat after him, and set sir John on the + starboard-side, and the prisoner Goodere on the larboard-side; + then sir John cried out, Murder! you gentlemen that are on + shore, pray tell Mr. Jarrit Smith that my name is Dineley, and + before he could say Goodere the gentleman took up the flap of + the cloak, threw it over the face of sir John, and stopped his + mouth; and says he, I will take care of you, that you shall not + spend your estate; and ordered the barge to be put off; and + then he took the gentleman's cloak from his shoulders, and put + it on his own. + + THE RECORDER--Who was it that stopped his mouth with his cloak? + + CHARMSBURY--That gentleman the prisoner at the bar. The boat + was so full, had so many people in it, that they were obliged + to row but with eight oars: and when they proceeded down the + river, it being about three quarters flood, and the gentleman + continually crying out, they went out of sight, and I saw no + more of them. + +_Mrs. Darby_, who lived at the limekilns, saw Sir John forced along +between two men; he was crying out, Murder, murder! for the Lord's sake +save me, save me, for they are going to kill me. She knew Sir John very +well; she had mended his chair for him last summer; she was told that +the gentleman at the bar was the captain of the man-of-war; he was +dressed in a dark drab-coloured coat, and his waistcoat was trimmed with +gold. She heard Sir John cry out something as he was being hurried into +the boat, but she could not hear what. + +_William Dupree_ was drinking at the King's Head with a friend, and a +young woman who was reading at the window said she heard a great noise, +on which they went out, and saw a company of men forcing a gentleman +along, the prisoner Goodere coming behind them. They said that he had +murdered a man, and that they were taking him on board for justice. They +put him on the yawl, while Captain Goodere stood by. He cried out, 'For +God's sake! go and acquaint Mr. Jarrit Smith, for I am undone, they will +murder me.' The witness went back to the King's Head, where the people +advised him to go to Mr. Jarrit Smith and inform him of it, which he +did. When Sir John cried out he saw Goodere put his hand on his mouth. + + +_Theodore Court, Master of the Ship, sworn._ + + VERNON--Will you tell Mr. Recorder and the jury what you know + concerning the death of sir John Dineley Goodere? + + T. COURT--On the 18th of January last, being Sunday, the barge + went up to fetch captain Goodere from Bristol, and about seven + of the clock in the evening he came on board, and when he came + into the gangway, says he, How do you all do, gentlemen? + Excuse me, gentlemen, from going the right way to-night, for I + have brought an old mad fellow on board and I must take care of + him. I saw a gentleman with a black cap coming up the ship's + side, and his groans shocked me, so that I could not help him; + he looked much surprised as a person used ill; as soon as he + was on board he was taken into custody, and carried by the + captain's orders down to the cockpit, and put into the purser's + cabin, and a centinel ordered upon him; and I saw him no more + at that time. Next morning I was told that the captain's + brother was murdered, and that the captain had given Charles + White and Mahony leave to go on shore. + + THE RECORDER--By whose direction was he put into the purser's + cabin? + + T. COURT--The captain himself went down and saw them put him + in. + + VERNON--Whereabout in the ship is the purser's cabin? + + T. COURT--In the cock-pit. + + VERNON--Was it a place where gentlemen who came on board + commonly lay? + + T. COURT--No, nobody had laid in it for a considerable time. + The next morning the cooper met me, and said, Here is fine + doings to-night, Mr. Court! Why, what is the matter? said I. + Why, said he, about three o'clock this morning they went down + and murdered sir John. The ship was in an uproar; the Cooper + said, if Mr. Perry (the lieutenant) did not secure the captain, + he would write to the board; we had several consultations in + the ship about it. The captain sent for me to breakfast with + him: I accepted his invitation; I can't say but he behaved with + a very good name to all the people on board. About ten o'clock + Mr. Perry, myself, and the other officers, with the cooper, + consulted about securing the captain. Mr. Perry cautioned us + not to be too hot; for, said he, if we secure the captain + before we know sir John is dead, I shall be broke, and you too. + We send for the carpenter, and desired him to go down and open + the cabin-door, the centinel who stood there having said it was + lock'd; the carpenter went down, opened the cabin-door, and + came up, and said sir John was murdered; and that he lay on his + left side, with his leg up crooked. I told them, gentlemen, + there is nothing to be done before the coroner comes; and + therefore we must not touch him: whereupon the door was ordered + to be fastened up; we then consulted how to take the captain, + and a method was agreed on for that purpose. And as soon as the + captain was taken, he declared he was innocent of it, that he + knew not that his brother was murdered. When the coroner came, + I saw the deceased, and my heart ached for him. + + THE RECORDER--Who was it put the centinel upon sir John? + + T. COURT--The captain ordered it to be done. + + VERNON--Is it usual to place a centinel at the purser's + cabin-door? + + T. COURT--No, it is not; unless there be somebody there under + confinement. + + VERNON--Is there any other cabin near the purser's? + + T. COURT--Yes, there is the slop-room just by; there the cooper + and his wife lay that night: there is just a little partition + of about half-inch deal, parting the slop-room from the place + where sir John lay confined. + + VERNON--Pray, will you tell us whether any and what discourse + passed between Mr. Goodere and you, about sailing, and when it + was? + + T. COURT--Sir, in the morning he asked me, Will the wind serve + to sail? He said, he had another pressing letter from the lords + of the admiralty to sail as soon as possible. I told him that + the wind was west-south-west, and that we could not go out to + sea; for no pilot would take charge of the ship I believed. And + as this is a harbour where a pilot is allowed, I don't pass for + this place; otherwise I must have observed his orders. + + VERNON--Did he acquaint you how far or to what part, he would + have you sail? + + T. COURT--Yes, he said, if he got no further than the Holmes, + he did not care; and asked me if it was safe riding there. I + told him it was not; for it was foul ground for such a ship as + ours. + + THE RECORDER--Mr. Goodere, will you ask this witness any + questions? + + GOODERE--What cabins are there in the cock-pit? + + T. COURT--I know no cabins there but the purser's cabin and the + slop-room, etc. + + VERNON--Call Mr. Williams. + +_William Williams_ produced a watch which he had found in a vault in +Back Street. Culliford, who kept the Brockware Boat on the Back, had +reported at the Council House, when he was examined there, that a watch +and some money had been left at his house; but his wife, when asked for +them, denied the watch, but afterwards admitted that she had thrown it +into the vault where the witness afterwards found it. + +_T. Court_ said that the captain had had a watch like the one produced. +In answer to Goodere, he said that there were in the cockpit the +steward's room, the purser's cabin, and the slop-room. The ship had been +moored on Thursday the 15th of January. When Sir John was murdered she +lay in the King Road; the witness then described the position of the +ship with greater detail. + +_Vernon_ interposed to state that the ship was in the King Road, which +was well known to be within the franchise of the city: the sheriffs of +the city continually executed writs there; and such a serious matter +ought not to be decided on a side wind. + +_Duncan Buchanan_, one of the crew of the _Ruby_, was ordered to go to +the White Hart on Tuesday the 13th of January, and there were Mahony and +the privateer's men drinking hot flip. He saw a gentleman come out of +Mr. Smith's; he was mounted, and had pistols before him; he was followed +by a servant, also armed. Some of the men ran out, and Goodere followed +them and ordered them to follow the gentleman. On the 18th, the barge +came alongside the ship, about seven in the evening, with the gentleman +in it. The witness stood in the gangway to receive him. + + When he came up, I heard him make a moan, and the captain said, + I have brought a madman on board, bring him along, I will bring + him to his senses by-and-by. I saw them take him along the + gangway. You must not mind what he says, said the captain; and + he was ordered down to the purser's cabin: I was ordered + centinel there. About twelve o'clock the captain sent for me to + come up to him, and I laid down my sword and went up, and + Mahony was there with him; and there was a bottle of rum and a + glass before them: the captain asked me to drink a dram, I + thanked him and drank. He asked me how his brother was? I told + him he groaned a little; says the captain, I know the reason of + that, he is wet, and I am coming down by-and-by to shift him + with dry stockings: so I left the captain and Mahony together. + Some time after the captain came down to me as I was at my post + at the purser's cabin; he asked if his brother made a noise; I + told him no; upon which the captain listened a little time at + the door, and then said, Give me the sword, and do you walk + upon deck, for I want to speak to my brother in private. Soon + after this Mahony went down, and very soon after Mahony was + down, I heard a great struggling in the cabin, and the + gentleman cry out Murder! I then thought the gentleman had been + in one of his mad fits; but now I suppose they were then + strangling him. As I was walking to-and-fro in the gun-room, I + looked down, and saw the captain take the candle out of the + lanthorn, which was hanging up there, and he gave the candle + into the cabin. + + THE RECORDER--Where was Mr. Goodere when you heard the cry of + murder? + + BUCHANAN--In the cock-pit by the purser's cabin-door, with the + sword in his hand. + + THE RECORDER--What time of the night was this? + + BUCHANAN--Between two and three o'clock; I lighted a candle at + the lanthorn in the gun-room, and was going down to the captain + with it, as supposing him to be without light; and as I was + going down with it, the captain held up his sword, waved it, + and said, Go back, and stay where you are. + + THE RECORDER--You said that sir John Dineley cried out Murder! + Was that before you offered the candle to the captain? + + BUCHANAN--Yes, Sir; it was before. + + THE RECORDER--How long? + + BUCHANAN--About a quarter of an hour. + + THE RECORDER--How long did the cry of murder continue? + + BUCHANAN--About three or four minutes; soon after the captain + had ordered me to keep back, he called for a candle, and I + carried one down, and he gave me the sword, and bid me stand + upon my post; and said he, if my brother makes any more noise, + let him alone and send for me; and he locked the purser's + cabin-door, and took the key away with him; and in the morning + the doctor's mate, the cooper, and I consulted together about + it; and I was willing to know, if sir John was dead or not: and + when we peeped into the cabin, we saw him lying in a very odd + sort of posture, with his hat over his face, and one of his + legs lay crooked; upon which we concluded he was dead. + + THE RECORDER--How long were you off your post from first to + last? + + BUCHANAN--I can't tell exactly. + + THE RECORDER--Recollect as well as you can. + + BUCHANAN--About three quarters of an hour. + + THE RECORDER--And could you see who was at the purser's + cabin-door all that time? + + BUCHANAN--Yes, Sir; I saw the captain stand at the foot of the + ladder at the door, with a drawn sword, from the time I went up + to the time I came down again; he locked the door, and carried + the key away with him. + + VERNON--Pray, were there any bolts on the purser's cabin-door? + + BUCHANAN--Yes, there were bolts on the door; they were put on + soon after sir John came on board: sir John was in that cabin + when they were put on. + + VERNON--You say you heard a noise and outcry of murder; how far + were you from the cabin-door when you heard that cry of murder? + + BUCHANAN--I was walking to-and-fro the gun-room. + + VERNON--How far is that from the purser's cabin-door? + + BUCHANAN--As far as I am from you. + + VERNON--Whom did you see go into the purser's cabin to sir + John? + + BUCHANAN--I saw Mahony go in there. + + VERNON--Did you see any other person go in besides Mahony? + + BUCHANAN--No, I did not; I saw Mahony go in just before the cry + of murder, but no other person. + + VERNON--Do you know any thing about securing the captain? + + BUCHANAN--Yes, I will tell you what happened then. We went and + secured him. As soon as he was laid hold of, he cried out, Hey! + hey! what have I done? We told him his brother was murdered, + and that he had some concern in it. He said, What if the + villains have murdered my brother, can I help it? I know + nothing of it. + + GOODERE--Did you see me in the cabin at all? + + BUCHANAN--No, Sir, I don't say you were in the cabin. + + THE RECORDER--Mr. Goodere, the witness does not say he saw you + in the cabin, but at the door, and with a sword in your hand, + and that you handed in a light after the cry of murder was + over. + + GOODERE--I could not have been in the cabin without Buchanan's + seeing me go in, because he stood at the bulkhead of the + gun-room. + + THE RECORDER--Mahony, will you ask this witness any questions? + + MAHONY--Are you certain that I was in the cabin when you heard + the groans? + + BUCHANAN--I am positive you were there in the purser's cabin + when I heard the murder cried out. + + +_Daniel Weller, sworn._ + + VERNON--I think you are the carpenter belonging to the _Ruby_ + man-of-war? + + WELLER--Yes, Sir, I am. + + VERNON--Give an account to Mr. Recorder and the jury of what + you know relating to this business. + + WELLER--The 18th of January last, about seven o'clock in the + evening, the captain came on board in the barge; as I attended + him, I observed he seemed in a pleasant humour, he came upon + the deck at once, and said he had brought a poor crazy man on + board, who had been the ruin of himself and family, and that he + had now brought him on board to take care of him: he took him + down to the cock-pit, and having been there a little while, one + of my people came and asked for some bolts; I asked, What for? + He told me it was to put on the outside of the purser's + cabin-door, to bolt the crazy gentleman in. I gave him a bolt; + after he had nailed it on, he came and wanted another: I had + another, gave it to him, and went down to see the bolts put on. + Sir John cried out, What are you doing, nailing the door up? I + answered, No. I ordered the door to be opened, to turn the + points of the nails. The door being opened, sir John asked + whether the carpenter was there? I told him I was the man. The + centinel told me no-body must go in there; however, I went in, + while they turned the points of the nails. Sir John bid me sit + down, and asked me, What does my brother mean by bringing me on + board in this manner, to murder me? No, Sir, says I, I hope + not, but to take care of you. He asked me, if his brother told + me that he was mad? I saw no more of him till next morning. + + VERNON--And what did you see then? + + WELLER--Next morning the lieutenant sent me down to see if sir + John was dead. I went down and asked the centinel for the key; + he told me the captain had been there in the night, and had + taken away the key in his pocket. I broke open the cabin-door, + and sir John was lying on one side dead, with his right leg + half up bent, his hat was over his face, with blood bespattered + about his mouth and nose. I went directly up, and told the + lieutenant of it. + + THE RECORDER--By whose orders did you put the bolts on the + door? + + WELLER--One of my people came to me for bolts, and told me he + was ordered by the captain to put the bolts on; and none of + them ever came for any thing to be done, without an order of an + officer. + + +_Edward Jones, sworn._ + + VERNON--Mr. Jones, I think you are the cooper of the ship + _Ruby_? + + JONES--Yes, Sir. + + VERNON--Were you on board upon Sunday the 18th of January last? + + JONES--Yes, Sir, I was. + + VERNON--In what cabin did you lie that night? + + JONES--I had no cabin, but I made bold to lie in the slop-room + that night, having my wife on board. + + VERNON--Pray what is that you call the slop-room? + + JONES--It is like a cabin. + + VERNON--How near is the slop-room to the purser's cabin? + + JONES--Nothing but a thin deal-partition parts it from the + purser's cabin. + + VERNON--Will you relate to Mr. Recorder and the jury what you + know about the murder of Mr. Goodere's brother; tell the whole + you know concerning it. + + JONES--About Wednesday or Thursday before this happened, the + captain said to me, Cooper, get this purser's cabin cleaned + out, for he said he expected a gentleman shortly to come on + board. I cleaned it out; and on Sunday evening the gentleman + came on board, when the people on deck cried, Cooper, shew a + light. I brought a light, saw the captain going down the + cock-pit ladder, the gentleman was hauled down: he complained + of a pain in his thigh by their hauling him on board. The + captain asked him, if he would have a dram? He said no; for he + had drank nothing but water for two years. The captain ordered + Mahony a dram; he drank it; he also ordered one Jack Lee to put + two bolts on the purser's cabin-door. The gentleman walked + to-and-fro the purser's cabin while they were nailing the bolts + on. He wanted to speak with one of the officers. The carpenter + told him he was the carpenter. Says the gentleman, Do you + understand what my brother Sam is going to do with me? And + said, His brother had brought him on board to murder him that + night. The carpenter said, He hoped not, but what was done was + for his good. The captain said, They must not mind what his + brother said, for he had been mad for a twelvemonth past. And + the captain went up again, and went into the doctor's room. I + went to bed about eight o'clock. Some time about eleven o'clock + at night I heard the gentleman knock, and said, He wanted to + ease himself; to which the centinel gave no manner of heed. Is + it not a shame, said he, to keep a gentleman in, after this + manner? At last, some other person spoke to the centinel, and + says, Why don't you go up and acquaint the captain of it, that + the gentleman may ease himself? Soon after Mahony comes down + with a bucket, for the gentleman to ease himself. Mahony sat + down in the cabin, and he and the gentleman had a great deal of + discourse together; the gentleman said he had been at the + East-Indies, and told what he had got for his merit; and Mahony + said, some by good friends. I heard the gentleman, after Mahony + was gone, pray to God to be his comforter under his affliction. + He said to himself, he knew that he was going to be murdered, + and prayed that it might come to light by one means or + another. I took no notice of it, because I thought him a crazy + man. I slept a little, and about two or three o'clock my wife + waked me. She said, Don't you hear the noise that is made by + the gentleman? I believe they are killing him. I then heard him + kick, and cry out, Here are twenty guineas, take it; don't + murder me; Must I die! must I die! O my life! and gave several + kecks with his throat, and then he was still. I got up in my + bed upon my knees: I saw a light glimmering in at the crack, + and saw that same man, Mahony, with a candle in his hand. The + gentleman was lying on one side. Charles White was there, and + he put out his hand to pull the gentleman upright. I heard + Mahony cry out, Damn ye, let us get his watch out; but White + said he could not get at it. I could not see his pockets. White + laid hold of him, went to tumbling him up to get out his money, + unbuttoned his breeches to get out his watch; I saw him lay + hold of the chain; White gave Mahony the watch, who put it in + his pocket; and White put his hand into one of the gentleman's + pockets, and cursed that there was nothing but silver: but he + put his hand in the other pocket, and there he found gold. + White was going to give Mahony the gold: damn ye, says Mahony, + keep it till by-and-by. + + THE RECORDER--In what posture did sir John lie at that time? + + JONES--He lay in a very uneasy manner, with one leg up; and + when they moved him, he still remained so, which gave me a + suspicion that he was dead. White put his hand in another + pocket, took out nothing but a piece of paper, was going to + read it. Damn ye, said Mahony, don't stand to read it. I saw a + person's hand on the throat of this gentleman, and heard the + person say, 'Tis done, and well done. + + THE RECORDER--Was that a third person's hand, or the hand of + Mahony or White? + + JONES--I cannot say whether it was a third person's hand or + not. I saw but two persons in the cabin, I did not see the + person, for it was done in a moment. I can't swear I saw any + more than two persons in the cabin. + + THE RECORDER--Did you take notice of the hand that was laid on + sir John's throat? + + JONES--I did. + + THE RECORDER--Did it appear to you like the hand of a common + sailor? + + JONES--No; it seemed whiter. + + VERNON--You have seen two hands held up at the bar. I would ask + you to which of them it was most like in colour? + + JONES--I have often seen Mahony's and White's hands, and I + thought the hand was whiter than either of theirs; and I think + it was neither of their hands by the colour of it. + + THE RECORDER--Was sir John on the floor, or on the bed? + + JONES--On the bed; but there was no sheets: it was a + flock-bed, and nobody had lain there a great while. + + VERNON--How long did the cries and noise which you heard + continue? + + JONES--Not a great while: he cried like a person going out of + the world, very low. At my hearing it, I would have got out in + the mean time, but my wife desired me not to go, for she was + afraid there was somebody at the door that would kill me. + + VERNON--What more do you know concerning this matter, or of + Mahony and White's being afterwards put on shore? + + JONES--I heard some talking that the yaul was to go to shore + about four of the clock in the morning, and some of us were + called up, and I importuned my wife to let me go out. I called, + and asked who is centinel? Duncan Buchanan answered, It is I. + Oh, says I, is it you? I then thought myself safe. I jumpt out + in my shirt, went to him; says I, There have been a devilish + noise to-night in the cabin, Duncan, do you know any thing of + the matter? They have certainly killed the gentleman, what + shall us do? I went to the cabin-door where the doctor's mate + lodged, asked him if he had heard any thing to-night? I heard a + great noise, said he. I believe, said I, they have killed that + gentleman. He said, he believed so too. I drawed aside the + scuttle that looked into the purser's cabin from the steward's + room, and cried, Sir, if you are alive, speak. He did not + speak. I took a long stick, and endeavoured to move him, but + found he was dead. I told the doctor's mate that I thought he + was the proper person to relate the matter to the officer, but + he did not care to do it then. If you will not, I will, said I. + I went up to the lieutenant and desired him to come out of his + cabin to me. What is the matter, said he? I told him I believed + there had been murder committed in the cock-pit, upon the + gentleman who was brought on board last night. Oh! don't say + so, says the lieutenant. In that interim, whilst we were + talking about it, Mr. Marsh the midshipman came, and said, that + there was an order to carry White and Mahony on shore. I then + swore they should not go on shore, for there was murder + committed. The lieutenant said, Pray be easy, it can't be so; I + don't believe the captain would do any such thing. That + gentleman there, Mr. Marsh, went to ask the captain if Mahony + and White must be put on shore? And Mr. Marsh returned again, + and said, that the captain said they should. I then said, it is + certainly true that the gentleman is murdered between them. I + did not see Mahony and White that morning, because they were + put on shore. I told the lieutenant, that if he would not take + care of the matter, I would write up to the Admiralty, and to + the mayor of Bristol. The lieutenant wanted the captain to + drink a glass of wine: the captain would not come out of his + cabin; then the lieutenant went in first; I followed him. I + told the captain that my chest had been broke open, and I + desired justice might be done. Then I seized him, and several + others came to my assistance. + + THE RECORDER--Mr. Goodere, do you ask Mr. Jones any questions? + + GOODERE--Do you know whether the midshipman was sent away on + the king's business, or else only to put those two men on + shore? + + JONES--I know not, you were the captain of the ship. + + THE RECORDER--Mahony, will you ask this witness any + questions? + + MAHONY--Did you see me lay hands on the gentleman? + + JONES--Yes, I did, as I have already related. + + +_Margaret Jones, sworn._ + + VERNON--Mrs. Jones, pray acquaint Mr. Recorder and the jury + what you know about the murder of sir John Dineley Goodere (the + gentleman ordered by Mr. Goodere into the purser's cabin). + + MRS. JONES--About seven o'clock in the evening, the 18th of + last January, the captain (having been on shore) came on board, + and came down into the cock-pit, and asked if the cabin was + clean? My husband answered, yes. On which the captain gave + orders to bring down the gentleman; and the captain said to the + doctor, Doctor, I have got an old mad fellow here, you must + doctor him up as well as you can. They brought the gentleman + into the cabin, the captain asked him how he did now? The + gentleman complained that he had a great pain in his thigh, he + was hurted by the men's hauling him as they had done. The + captain asked him if he would drink a dram of rum? He answered, + No; for he said he had drank nothing but water for two years + past. The captain gave a dram to several persons there; and he + gave orders for some sheets to be brought; and he said to + Mahony, As his clothes are wet, do you pull them off. And the + gentleman said to Mahony, Don't strip me, fellow, until I am + dead. The gentleman said, Brother Sam, what do you intend to do + with me? The captain told him that he brought him there to save + him from rotting in a gaol. About ten o'clock Mahony was left + there; the gentleman desired him to go; but Mahony said, I have + orders to abide here, to take care of you. The gentleman said + to Mahony, I can abide by myself. Before the captain went away, + he bid Mahony to see if his brother had any knife about him. + The gentleman gave up his knife to Mahony, desired him to take + care of it, for it was his son's knife. The gentleman asked + about the knife several times in the night. About twelve + o'clock I went to sleep; about two o'clock I wakened again: I + heard the gentleman talk to Mahony, but Mahony advised the + gentleman to go to sleep. He said, I cannot sleep. They talked + together a great while. Mahony said, I am to go on shore in the + morning, and if you have any letters to send to Bristol, I will + carry them for you. I heard somebody say to the gentleman, You + must lie still, and not speak a word for your life. Some + minutes after I heard a great struggling; who it was, I don't + know. The gentleman cried out, Murder; help for God's sake! and + made several kecks in his throat, as though somebody was + stifling him. I shook my husband, told him that somebody was + stifling the gentleman. I heard two people in the cabin + whispering; I don't know who they were. The gentleman cried out + murder again, Help for God's sake! He said, I have twenty + guineas in my pocket, here take it; must I die! Oh, my life! + And just about that time, before he was dead, somebody from the + outside offered to come into the cabin, but I heard one of the + persons on the inside say, Keep out, you negro; and then a + great noise was made; I thought the cabin would have been beat + down. Some few minutes after the gentleman had done struggling, + a candle was brought: I soon got up, and looked through the + crevice: I saw a man, who I believe to be White, take the + gentleman by the coat, and pulled him upright. I saw Mahony + with a candle in his hand; I observed the other to put his hand + in the gentleman's pocket. One of them said, Damn ye, pull out + his watch. Then I saw the person take hold of the watch-string + and pull it out, and he said to the other, Here 'tis, take it, + and put it into thy pocket. Then one of them put his hand in + another pocket, and took it out, said, Here's nothing but + silver; and then he searched another pocket, and said, Here it + is; and pulled out a green purse: soon after that, the door was + unbolted, I heard a person say, Where shall I run? who I + believe was Mahony; and the other, Charles White, said, Follow + me, boy. And they went to go upon deck through the hatch-hole, + which is an uncommon way; and that is all I know. + + THE RECORDER--Mr. Goodere and Mahony, do either of you ask this + witness any questions? + + GOODERE--No. + + MAHONY--No. + + +_James Dudgeon, sworn._ + + VERNON--Mr. Dudgeon, I think you are the surgeon's mate + belonging to the _Ruby_? + + DUDGEON--Yes, Sir. + + VERNON--Give Mr. Recorder and the jury an account what you know + relating to this matter. + + DUDGEON--I am very sorry that I should come on this occasion + against captain Goodere, because he ever behaved towards me in + a genteel manner. The week before this happened, I was told by + one of the officers, that the captain was going to bring his + brother on board; and on Sunday the 18th of January, about the + dusk of the evening, the barge came down to the ship. I was at + that time walking the quarter-deck; some of our people seeing + the barge a-coming they said, Our captain is coming on board + with his brother sure enough: but instead of coming up the + quarter-deck, the captain went down upon the main-deck, and I + still kept walking on the quarter-deck, expecting to see the + gentleman when he went into the great cabin, but I afterwards + found that he was ordered down to the cock-pit. Soon after, I + went down there myself; and the captain being there, said, + Doctor, I have brought a madman to you, I don't know what we + shall do with him, but we must make the best of him that we + can; and Mahony came down likewise. The captain sent his + steward for a bottle of rum, Mahony had a dram of it. The + captain asked sir John if he would have one? Sir John replied, + No; for, said he, I have not drank any thing of that nature for + two years past; he groaned several times. There was then one + Cole at the foot of the ladder, to whom also the captain gave a + dram; then there was a centinel put upon the cabin-door; but + Cole asked the captain if he might go in, and the captain said + he might. The old gentleman made a noise as the captain went up + the ladder; the captain told him, We have now brought you on + board, and will take care you shall want for nothing. After the + captain was gone, Cole wanted to go in, but the centinel would + not let him; telling him that his orders were to let none in + but Mahony: however, Cole went up and got leave of the captain + to go in, and he did go in. Soon after this the captain came + down again to the cock-pit, and came into my place, and sat + down; and after talking of things promiscuously, he said, he + believed it would be proper for me to go and feel his brother's + pulse; or else, Doctor, he said, do you chuse to leave it alone + till to-morrow morning? I made answer, that to-morrow morning + might be the best time; because the gentleman may be much + confused by being brought down on the water. Come, said he, let + us go in now; for I believe it will be as well. If you please, + Sir, said I, I will; so the centinel opened the door, and we + both went in. Immediately after, the captain went out again, + and forthwith the door was shut upon me: which very much + surprised me, to think that the captain should leave me with a + madman, and I observed the captain to peep through; I then + asked the gentleman what he mostly complained of? and felt his + pulse. He then made some groans, and told me, that he had got a + great cold last week at Bath, and that he felt a severe pain in + his head. I was going to ask him some more questions, but the + captain called me, and said, Don't ask him any more questions, + but only feel his pulse. Then the centinel opened the door, and + I came out, and the captain and I went into my place again. + Well, doctor, said he, how do you find his pulse? Why, Sir, + said I, his pulses are very regular. Why, said he, I believe he + was pretty much hurried upon the water. Then the captain went + up the ladder, and a little while after he came down again; + there were two midshipmen with me in my place, and when the + captain came in, they went to go out, but he desired one of + them to stay, for he had something to say to him, because he + was to go up for letters in the morning; so we sat down, and + talked of various things; but I informed the captain that the + old gentleman have had hard lodging to-night. Why, said he, I + would put another bed in there, and have given him clean + sheets, but he would not hear anything of this kind. Then said + he to me, Doctor, I believe it will not be amiss to take an + inventory of everything he has about him, for fear it should be + reported that he is robbed. I replied, Sir, it may not be + amiss. By-and-by, Cole came tumbling down the ladder, the + midshipman opened the curtain to see who it was; Captain, said + he, that is Cole, and I then told that Cole had been drunk a + great part of that day. Soon after that the captain opens the + curtain, and sees Mahony stand by the centry. Mahony, said he, + I thought you had been about the thing which I sent you to do; + which I take to be getting the money out of the gentleman's + pocket. No, Sir, said he, I chuse to do it after he is asleep. + Very well, said the captain. Then the captain spoke to the + midshipman, and said, Mr. Marsh, You are to go up for letters + to-morrow, and if anyone takes notice of what was done to-day, + you may tell the people that it is my brother, and he is very + much disordered in his brains, and I have got him on board in + hopes of getting relief for him. Sometimes, Doctor, says he, he + can talk as well as you or I; but at other times, he is very + much out of order. About eight o'clock I was for going to bed, + but did not till an hour and a half after; and about that time + sir John was making a great noise, and asking who is without + the door, what must I do my affairs in the cabin? What a shame + is it? Will not you let me have anything to do it in? but + nobody made any reply. Upon which I said to the centinel, why + don't you answer the gentleman? Are not you ashamed of it? Upon + which, I suppose, one went up to the captain and he came down, + and said, he was sorry that the gentleman should make such a + disturbance; but he hoped, that the first night would be the + worst: upon which the captain went up, and Mahony went in; and + I heard the gentleman and him talking together, and he asked + Mahony, what his brother was going to do with him? What, says + he, does he say I am mad? Formerly I used to be so, but now I + have not tasted any thing stronger than water these two years. + But, said he, to be sure these fellows are not sailors who + attacked me this day; they are not sailors, for, if so, they + are sadly degenerated from what sailors were formerly, for I + myself have been at sea, and might have been a commander. About + half an hour after ten, I fell asleep, but was very uneasy. + About twelve the centinel was sent for to go up to the captain, + but soon came down again; and about half an hour after two I + awaked, hearing some stir in the cock-pit; and I heard Mahony's + voice in the cabin, saying, Lie still and sleep, Sir. In a + short time after that I heard a struggle, and sir John cried + out, Here is 20 guineas for you, take it; must I die? And it + seemed to me, by his speaking, that they were stifling his + mouth. Upon which the person who stood centry upon the cabin + turned the key, whereupon Mahony cried out in a terrible + pucker, Damn ye, keep the door fast. Upon which I spake, and + said, What is the matter? what a noise is that? And the person + who stood centinel made answer, Nothing at all, nothing at all; + so I lay still a while, and all was pretty quiet. A little time + after that, Mahony called for a light, and the cabin-door was + opened, and a light handed in; the cock-pit was then in + darkness, so all was quiet again for some time. Soon after that + the cabin-door was opened again, and I heard as if two or three + people were coming out of the cabin, and heard Mahony say, + which way shall I go? And somebody made answer, you may go + through the hatch-hole. He repeated the question, which way + shall I go? and the other answered, by the ship-side. I then + thought somebody had been murdering sir John sure enough, and + they are carrying off his body that way; at the same time a + person stept up the cock-pit ladder, and I heard the captain's + voice, and he said, Centry, if he makes any more noise, let me + know it; but I thought within myself, that he was past that. + After this was past, all was pretty quiet, and the centinel + kept walking without my room: I was cautious of speaking to + him, not knowing who he was; but soon after, one of the + captain's servants came down to the store-room for liquor, and + he asked the centry whether he had made any noise lately? To + which he replied, You may tell the captain that the gentleman + hath been at the lock. About half an hour after, the person who + was upon the watch came to me, and asked, if I had any commands + on shore, for the boat was going up? I told him, No; but + perceiving by his voice who it was, I called him to come to me + in the dark, and I whispered, and said to him, Mr. Heathorne, + here hath been a hellish cabal to-night, I believe they have + murdered the gentleman; doth Mahony go on shore? He answered, + that he did; then, said I, the thing is done. I then asked who + was the centry without my door? and he told me; whereupon I + called the centry to me, and asked him, what noise and cabal is + this that hath been here to-night? He said, He did not know; + but the captain, said he, hath been down several times + to-night, and that he had taken the sword from him. Just after + this, in came Edward Jones, the cooper, and his wife shaking + and trembling; and said, White and Mahony had murdered the + gentleman sure enough. I told them, I did believe they were + both going on shore; and I would, said I, have you tell the + lieutenant what you saw of the matter, and let him know that I + am of the same opinion with you: but do you first go into the + steward's room, and draw the scuttle, and then you'll see + whether he is dead, or no. Upon which they went and drawed the + scuttle, and a cat fled in their face, and they found the + gentleman lay in the same posture as White and Mahony left + him. I then bid them go and tell the lieutenant the matter, + that those fellows might be prevented from going ashore; but + yet, said I, we can't stop them neither, seeing they have the + captain's orders. Then went Jones up forthwith, and I believe, + told the lieutenant; and I also stept up to him just after, and + told him, that I believed sir John was actually murdered; for, + said I, there have been a terrible noise in the cock-pit + to-night, and the captain himself was there this morning when + 'twas almost three o'clock, and the men that were with him are + going on shore. The lieutenant answered, that he could not stop + these men from going ashore, because the captain hath given + them leave; so, said he, we must let it alone till morning, to + see whether the gentleman is dead, or no. About eight o'clock + in the morning I went to him again; but he told me it was best + to defer it till we did see whether the captain sends down to + him, or not. It is, said he, no way proper for us to think of + seizing the captain, till we see that the gentleman is actually + dead, and have reason to think he is murdered. When the + captain's breakfast was ready, he sent for the lieutenant and + me to come and breakfast with him: accordingly we did; and soon + after there was a shore-boat came towards us, and then Mr. + Chamberlayn came on board, and went to the lieutenant's cabin; + and the lieutenant told that gentleman, that they were then + going to seize the captain, for it was believed that he had + been accessary to the murder of his brother. Immediately a + message was brought by one of the men, that sir John was dead: + upon which the captain was forthwith seized by eight or ten + men. + + VERNON--How far was your cabin from the purser's? + + DUDGEON--I can't say certainly, but believe about three yards. + + VERNON--Did you view the body of the deceased whilst he lay + dead in the purser's cabin? + + DUDGEON--I did. + + VERNON--And did you find any visible marks of violence upon + him? + + DUDGEON--Sir, I saw no rope, but he had a neck-cloth about his + neck, and there were some marks in his neck, which looked like + the scratching of nails; and I believe that he was strangled, + the blood came out of his nose and mouth. + +_William Macguinis_ was in his hammock when Sir John was brought aboard, +but was called up at twelve o'clock to stand sentinel in the gun-room. + + I had not been long on my post before I saw the captain come + down; and soon after I saw Mahony, that man there (pointing at + the prisoner Mahony), also come down. I stopt him, and asked + him where he was going? Damn your blood, you son of a bitch, + what is that to you? How busy you make yourself. And when he + came to the bottom of the cock-pit ladder I heard him say to + another man, Come here, this is the way. But who it was he + spake to, I know not. This was a little after two o'clock. The + captain espied me, he made towards me, and waved his naked + cutlass, and said, Stand back! stand back! + +The captain was down in the cockpit then. Buchanan had been sentinel in +the cockpit, but had been released by the captain. The witness saw +Mahony go into the purser's cabin, and afterwards saw the captain and +Mahony come up again from the cockpit; it was then about three o'clock. + +_Walker_ found a watch in the necessary house in the Brockware Boat, a +public-house on the Back, kept by Culliford. He searched for it by the +order of the justices; when he found it, the watch was in one place, and +the case in another, about a yard off. + +_Sarah Culliford_, of the Brockware Boat, received the watch from +Mahony. She had it in her possession about two hours before and two +hours after he was taken up. + + This young man (meaning the prisoner Mahony) was drinking in my + house, he pulled out the watch, delivered it to me, and desired + me to keep it for him until he did call for it; some time after + I had business to go out, I went into town, and had the watch + in my pocket; when I came back, my children told me that the + constable had been there to search the house for it, which much + surprised me; I went and threw the watch into the necessary + house for fear I should come into trouble. + + JOHN FUSSELL--I had this handkerchief from Mahony on the 19th + of January last, the night when we took him, I found it on his + neck; when he was seized he took it off; I took it out of his + hand, it was bloody then as it is now, I put it into my pocket. + +_John Mitchel_, the chief clerk to the Town Clerk, produced the +examination of Matthew Mahony, taken before the Mayor, voluntarily +signed by Mahony in the Mayor's presence, and signed by the Mayor. + + +_Clerk reads the Examination in these words:_ + + City and county of Bristol, to wit. The voluntary Examination + and Confession of Matthew Mahony, a native of Ireland, aged + about 21 years. This Examinant confesseth and saith, That about + sixteen or seventeen days ago, and several times since, he was + desired by Mr. Goodere, captain of the _Ruby_ man-of-war, now + lying at King-road, in the county of the city of Bristol, to + seize his, the captain's, brother, sir John Dineley Goodere, + bart., and bring him on board the said man-of-war; and that on + Tuesday last, this examinant, and the crew belonging to the + man-of-war's barge, and Edward Mac-Daniel, John Mac-Graree, and + William Hammon, privateer's men, were placed by the said + captain at the White-Hart alehouse, opposite St. Augustine's + Church, in order to seize sir John Dineley Goodere that day; + but it so happened that the captain forbid them to do it then. + And that on Sunday last, this examinant, the said barge's crew, + or the greatest part of them, and George Best, cock-stern of + the barge, the said Edward Mac-Daniel, John Mac-Graree, William + Hammon, and one Charles Bryer, privateer's men as aforesaid, + were again placed at the White-Hart aforesaid, to seize the + said sir John Dineley Goodere, and waited there for some time; + and he coming out of Mr. Jarrit Smith's house, and coming under + St. Augustine's church-yard wall, this examinant and his + comrades pursued him, and near the pump there they came up with + him, and told him there was a gentleman wanted to speak with + him; and he, asking where the gentleman was, was answered, a + little way off, and he went quietly a little way; but no one + appearing, he resisted and refused to go; whereupon this + examinant and comrades sometimes forcibly hauled and pushed, + and at other times carried him over St. Augustine's butts, + captain Day's rope-walk, and along the road to the hot-well + (captain Goodere being sometimes a little behind, and sometimes + amongst the crowd all the way), till they came to the slip + where the barge lay. But sir John was very unwilling to go, + made the utmost resistance, and cried out murder a great many + times; and when he was put into the barge, called out and + desired somebody would go to Mr. Jarrit Smith, and tell him of + his ill-usage, and that his name was sir John Dineley; + whereupon the captain clapt his hand on sir John's mouth to + stop him speaking, and told him not to make such a noise, he + had got him out of the lion's mouth (meaning the lawyer's + hands), and would take care he should not spend his estate; and + bid the barge men row away, which they did; and in their + passage to the man-of-war, the two brothers bickered all the + way. But when they came to the man-of-war, sir John went on + board as well as he could, and the captain took him down into + the purser's cabin, and stayed a little time with him, and + treated him with a dram of rum, and then left him for a + considerable time; and in the interim sent for this examinant + into his, the captain's cabin, and there told this examinant he + must murder his brother, for that he was mad, and should not + live till four o'clock in the morning; and this examinant + reasoning with him, and telling him he would not be concerned + and that he thought he had brought him there with intent only + to bring him to reason, and take care that he should not spend + his estate in law, and to have a perfect reconciliation: but + the captain still insisting, that this examinant had taken him, + he should do it; and this examinant then saying, he was not + able to do it of himself, the captain replied, if this + examinant could get nobody else, he and this examinant must do + it themselves. And then ordered him to call one Elisha Cole; + and he being too drunk to undertake such an affair, bid this + examinant call one Charles White, a very stout lusty fellow, + and the captain gave him a dram, and bid him sit down, and soon + gave other drams, and asked him if he could fight, and told + him, Here is a madman, he must be murdered and thou shalt have + a handsome reward. And this examinant, the said Charles White, + and the captain, all being agreed to murder the said sir John + Dineley Goodere, the captain then proposed the method, and + produced a piece of half-inch rope about nine foot long, and + Charles White having made a noose in the rope, the captain + said, applying himself to this examinant and the said Charles + White, You must strangle him with this rope, and at the same + time gave the handkerchief now produced, that in case he made a + noise, to stop his mouth; and said, I will stand sentinel over + the door whilst you do it; and accordingly instantly went out + of his own cabin, and turned the centinel from the purser's + cabin-door, and let this examinant and White into the purser's + cabin, where sir John Dineley Goodere was lying in his clothes + on a bed. The captain having pulled to the door, and standing + centinel himself, the said White first strangled sir John with + his hands, and then put the rope about sir John's neck and + hauled it tight, and sir John struggled, and endeavoured to cry + out, but could not. And this examinant confesses, that whilst + White was strangling sir John, this examinant took care to keep + him on the bed, and when one end of the rope was loose, this + examinant drew and held it tight; and thus each bore a part + till sir John was dead; and they having rifled the deceased of + his watch and money, knocked at the door to be let out; and the + captain called out, Have you done? they replied, Yes. He opened + the door, and asked again, Is he dead? And being answered in + the affirmative, and having a light, swore, by God, he would be + sure he was dead; and then went in himself, and returning, + locked the door, and put the key in his pocket, and they all + went together to the captain's cabin again, and there this + examinant gave the captain sir John's watch, and the captain + gave this examinant his own watch in lieu of it; and then the + captain gave them both some money, and White afterwards gave + this examinant eight guineas as part of the money he took out + of the deceased's pocket, and then the captain ordered them to + be put on shore in his own boat. And further this examinant + confesses and saith, That before and after the murder was + committed, the captain, Charles White, and this examinant + consulted what to do with the corpse; and the captain proposed + to keep it two or three days in the ship, and, as he expected + to go to sea, would sew it up in a hammock, or something else, + and there throw it over-board. And that before this examinant + and his comrades were sent to seize sir John, as is before set + forth, they were ordered by captain Goodere, that, if they met + with any resistance, they should repel force by force, and were + prepared with short heavy sticks or bludgeons for that + purpose. + + MATTHEW MAHONY. + +The Recorder cautioned the jury that this statement was evidence against +Mahony only, and was not to be taken as evidence against Goodere. + +_Vernon_ said that this concluded his evidence as to the facts; but that +as Goodere had made a point as to the position of the ship, he would +call evidence to show that the King Road had always been taken to lie +within the city and county of Bristol; and that the sheriff's officers +of Bristol had always used to execute both city and county process in +the King Road. + +_John Wint_ and _Lowden_ were called, and proved that they had served +process out of the Mayor's and the Piepowder Court, and process issued +out of the King's Bench, and the Common Pleas, and the Admiralty Court, +in the King Road. + +_Goodere_ being called on for his defence, said that he would call +witnesses to prove that sir John was a lunatic, and that he was doing +his best to take care of him. + +_Mrs. Gethins_ said that Goodere had asked her for a garret to keep his +brother in, for he was a madman; he made no secret of it. She had heard +nothing about Mahony having five pounds a month to take care of him. She +had heard Goodere talk with his own doctor about his brother. + + +_Mr. Marsh, sworn._ + + GOODERE--Did you go ashore in the morning about the king's + business, or what business did you go about? + + MARSH--I had an order about eight o'clock the night sir John + was brought on board, to go up in the morning to Bristol for + the letters from the Admiralty, and about four of the clock in + the morning I was called up to go: but the lieutenant seemed + much disordered, and bid me come to him before I set out. I + waited on the lieutenant, and told him, that White and Mahony + said they had liberty to go on shore, that the captain had + given them liberty to go; the lieutenant said, he knew nothing + of it. But as it is always my way, before I carry anybody off, + I said, I would go to the captain and ask leave. I went to the + captain, and asked him, if White and Mahony had liberty from + him to go on shore? And he said, Yes, let them go. + + GOODERE--Mr. Marsh, did you go upon the king's business, or on + purpose to take up these men? + + MARSH--I went about the king's business. + + VERNON--But it was after sir John was brought on board, that + Mr. Goodere ordered you to go up? + + MARSH--Yes, Sir, it was. + + VERNON--Did anybody else go up with you, besides Mahony and + White? + + MARSH--No, there did not. + + VERNON--Did Mr. Goodere give you orders to put them on shore in + any particular place? + + MARSH--I will do justice between man and man: the captain did + not give me orders to put them on shore in any particular + place. + + VERNON--Were they landed publicly or privately? + + MARSH--I put them on shore at the Gibb, about six of the clock + in the morning. + + GOODERE--Now, may it please you, sir, I shall show that Mahony + had business at Bristol that day by appointment, to receive + some wages that was due to him; for which purpose I shall call + Mr. Dagg. + +_Abel Dagg_, the keeper of Newgate, had had one Mervin in his house as a +prisoner for debt. Mahony had a claim against him for wages due to him +before he was pressed, and Mervin wished to settle the matter with him. +Accordingly Dagg had seen Goodere on the Tuesday or Wednesday before +this matter, and he said that he would meet Dagg to accommodate the +difference on the Monday following. The captain made the appointment to +meet him on the Monday, but he told Taylor, an attorney, that Mahony +would come on shore on Monday. He did not know that White had any +business on shore on Monday. + + +_Bridget King_ was sworn. + + GOODERE--Mrs. King, will you give the Court an account of what + you know of the lunacy of my brother sir John Dineley? + + MRS. KING--Please you, my lord, I think he was mad; for he + would get up at two or three of the clock in the morning, and + call his servants up, and fall a-singing; and then he would go + to bed again, and swear it was but twelve o'clock at night, and + lie a-bed all day. He would send his boy out all over his + grounds to pick up stones, and have the wheel-barrow rattling + about the streets on a Sunday: he hath ringed the bell to call + his servants up to his bedside, and when they were come up, he + would ask them what they did there, and swear they were come to + shoot him? He himself hath gone over all his grounds on a + Sunday to pick sticks, and hath sent his servants to market + when there was none; and he would be busy in every thing, and + hang on the pot himself; and he hath been quite raving mad. + + VERNON--Did you live as a servant to sir John? + + MRS. KING--I lived as a servant with him in London, and he came + down for the air to Tockington; he brought me down to go to + Bath. + + VERNON--How long did you continue with him? + + MRS. KING--A twelve-month, sir. + + VERNON--And how durst you venture to live so long with a + madman? He did not go mad for love of you, I hope? Have you + lived any time in Bristol? + + MRS. KING--No. + + VERNON--Then I suppose you came but now from London? + + MRS. KING--Yes, I did. + + GOODERE--Do you believe he was a madman? + + MRS. KING--In the actions that I have seen by him, I have + reason to think he was a madman. + + +_Mrs. Mary Stafford, sworn._ + + GOODERE--Mrs. Stafford, will you tell his lordship and the jury + what you know of sir John's being a lunatic? + + MRS. STAFFORD--Sir John hired me for a housekeeper in London, + and told me he had a great many servants, and he wanted a + housekeeper. When he brought me down, he ordered me to his + seat at Tockington; where, he said, he had a great deal of + company frequently. When I came there, I found there was + nothing in what he had told me; for, instead of a great many + servants, he had but one: a poor old shattered house, ready to + tumble down about one's ears, and the household goods all to + pieces: he was a madman, for if I had followed his directions + in any thing I should have done mischief. He hath sent me and + the rest of his servants to Thornbury market, when there was + none; he hath ringed the bell to call his servants to come to + his bedside to him, and when we have come up to him, he hath + asked us, what we did there? Sir, said I, you called me up; he + hath said he did not: and after we had been there a quarter of + an hour, he would take a knife, fork, glass-bottle, or anything + that came in his way, to throw at us, asking of us, What did we + come to rob him? And I was afraid of my life, to live with him. + I do believe he was a madman, or else he would never have acted + as he did; he would go into the kitchen, and take the pot, and + hang it on the fire. I style him a madman by his actions. + + VERNON--And must he therefore be hanged himself like a mad dog, + think you? + + MRS. STAFFORD--I know nothing of that, Sir. + + VERNON--How long did you live with sir John? + + MRS. STAFFORD--Three months, Sir. + + GOODERE--Call Mr. Robert Cock. + + THE RECORDER--What do you call him to prove? + + GOODERE--My lord, in order to prove sir John Dineley a lunatic. + Mr. Cock, will you give an account to my lord and the jury what + you know of the lunacy of sir John Dineley? + + +_Robert Cock, sworn._ + + COCK--My lord, I have known Mr. Dineley at Charlton for some + years; I have been several times in his company; I have seen + him do several acts of lunacy, as a madman. + + VERNON--Where do you live? + + COCK--I live in Cumberland, when I am at home. + + VERNON--Are you of any business? + + COCK--I am an officer belonging to his majesty. + + VERNON--What kind of officer? + + COCK--A salt officer. + + GOODERE--I will not give your lordship and the jury much more + trouble. I am entirely innocent; they have not proved that I + was present at the death of sir John Dineley. + + THE RECORDER--Don't deceive yourself; though they have not + proved you was actually in the cabin, when sir John was + murdered, yet they have given evidence of that, which (if the + jury give credit to) will amount to presence in the eye of the + law. + + GOODERE--I shall now call some witnesses to my character, and + likewise to shew how improbable it is that I should be guilty + of the murder of my brother. + + Call Mr. Pritchard. + +_Mr. Pritchard_ had known Goodere many years; he always bore the +character of a good husband, a good neighbour, and a kind friend. + +_The Rev. Mr. Watkins_, three months or half a year before Sir John's +death, had told Goodere that Sir John had told him that he had made his +will and cut his brother off from everything, and had given his estate +to the Footes. The witness had found Sir John a good neighbour, and a +kind friend; he was a man of strong passions, and if any one affronted +him, he would let the party know that he did resent it. His tenants, and +those the witness had conversed with, said that he was one of the best +of landlords. + + VERNON--I don't ask you, Sir, concerning his moral character; + but whether he was in his senses or not? + + WATKINS--In his senses! I saw him last Christmas, he was making + up his accounts with several of his tenants; he was then in + very good understanding. I take him to have been a man that + always had his senses in a regular exercise. + + VERNON--What have you heard the prisoner Mr. Goodere say in + relation to Sir John's making his will? + + WATKINS--I believe he told me that sir John had not the power + to make a will; I told him it was my opinion, if they would be + reconciled together, sir John's will would not stand. + +_Mr. Thomas_ and _Mr. Ashfield_ and the _Rev. Mr. Rogers_ spoke in +general terms to Goodere's good character. + +_George Forcevil_ had known him for fourteen or fifteen years; he had a +very good character in the neighbourhood; he constantly attended his +church twice a day Sundays, and would be there at prayers almost every +day. He thought him to be a good man. + +_Goodere_ said he would not trouble the Court with any more evidence as +to his character; he was deprived of some evidence by reason of his +sickness in gaol, which prevented his friends from coming to advise him +about his defence; also there were witnesses on board the ship who might +have been of great service to him, but the ship had sailed before he got +an order from the Admiralty ordering them to stay on shore. + +_Frederick_ drew the Recorder's attention to the fact that there had +been several aspersions in the newspapers to the prejudice of Goodere, +and that a pamphlet had been published in Bristol called _The Bristol +Fratricide_; but he hoped that the jury would not be influenced by such +matters against the prisoner. + +The jury declared that they had never seen any such pamphlet or +newspapers. + + VERNON--Mr. Recorder, we must beg leave to ask Mr. Jarrit + Smith's opinion, as to Sir John's being a lunatic or not? + + SMITH--I am surprised to hear it said by some of Mr. Goodere's + witnesses that sir John Dineley Goodere was mad. I knew him + fourteen or fifteen years, and conversed with him both in + person and by letter; but never discovered that he was in the + least disordered in his senses, I always took him to be a man + of sound understanding. On the Sunday before his death, he + expressed himself with a great deal of good nature and + affection at the sight of his brother. + +_Shepard_ proposed to call evidence to show that the place where the +ship lay was not in the city and county of Bristol. + +_The Recorder_ said that the evidence that had been given as to the +service of writs, proved that the King's Road was within the +jurisdiction, and it was admitted that the ship lay within the Road. If, +however, the prisoner could show that any part of the Road was, or ever +had been esteemed to be, within any other county than the county of the +city of Bristol, he would hear him. He then asked Mahony if he had +anything to say. + + MAHONY--I hope your Lordship will consider that I was a poor, + pressed servant, and that I was drunk when I made the + confession, and I was frightened out of my wits. + + MR. RECORDER--You say you were drunk when you made the + confession; it is possible, that night when you were taken and + brought before the magistrates you were in liquor, but it seems + your confession was not taken until the next day. + +_Vernon_ then replied on the whole case; confining himself to pointing +out that if Goodere was abetting Mahony in killing Sir John, it made no +difference that he was not in the cabin at the time that he was killed. + +_Shepard_ replied, trying to distinguish Goodere's case from those which +had been cited by Vernon, and suggesting that Goodere only brought his +brother on board the ship in order that he might take proper care of +him; but the Recorder stopped him, pointing out that he was going off +from the point of law to matter of fact. He said that he should tell the +jury that if they believed that Goodere stood at the cabin door to +prevent any persons coming who might prevent the murder, or to encourage +those within in the business they were about, they must find him guilty +on the indictment. He then recapitulated the facts in some detail, but +did not add any comment. He concluded by laying down the law as to +whether Goodere was an accessory to what was done, in the sense already +indicated, and told the jury that, in such a case as the present, they +would be well-advised not to attach much weight to the evidence given as +to Goodere's character. + +The jury thereupon retired, and after a short space returned, and found +both the prisoners Guilty. + +The next day Charles White was tried on a separate indictment for the +same murder. He pleaded Not Guilty, but was convicted, chiefly on the +evidence of Jones the cooper and his wife, and his own confession. + +On the next day all three prisoners were brought up, and having nothing +to say for themselves were all sentenced to death. + +They were all hung at Bristol on the 15th of April, having confessed the +fact. 'The body of Mahony is hung in chains near the place where the +horrid fact was committed.' + +FOOTNOTES: + +[51] Samuel Goodere (1687-1741) entered the navy in 1705, served through +the War of Spanish Succession, but in 1719 was found guilty by a +court-martial of having been very much wanting in the performance of his +duty in the attack on St. Sebastian in the same year. He was temporarily +appointed to another ship for rank in 1733. He was then living with his +father, who had quarrelled with John; and apparently John had quarrelled +with his wife, who was supported against him by Samuel. The father's +will disappointed both sons, and John, having cut off the entail of his +estate during his son's life, after his death announced his intention of +leaving it to one of the Footes, a cousin of the actor, which probably +led to his murder. Samuel left two sons; it seems doubtful whether they +succeeded to the baronetcy. The elder died insane. The younger became a +poor knight at Windsor, and dropped the name of Goodere. He made himself +conspicuous by the oddity of his behaviour. He believed that a small sum +of money expended in law-proceedings would realise a fortune, and that +that money would be obtained through a wife. He therefore frequented +crowded places, and on seeing any woman or girl he did not know would +present her respectfully with a printed proposal of marriage. He died in +1809. + +[52] Sir Michael Foster (1681-1763) entered Exeter College 1705, was +called to the Bar in 1713, and practised locally at his native town of +Marlborough. He became Recorder of Bristol in 1735, and a puisne judge +of the King's Bench in 1745. He enjoyed a great reputation as a master +of Crown Law, and was the author of the well-known _Discourses_ on that +subject. + +[53] After mentioning certain obsolete rules relating to indictments, +Sir James Stephen says:--'I do not think that anything has tended more +strongly to bring the law into discredit than the importance attached to +such technicalities as these. As far as they went, their tendency was to +make the administration of justice a solemn farce. Such scandals do not +seem, however, to have been unpopular. Indeed, I have some doubt whether +they were not popular, as they did mitigate, though in an irrational, +capricious manner, the excessive severity of the old criminal law' +(_Hist. Crim. Law_, vol. i. p. 284). + +[54] It is curious that Shepard did not take the point that the prisoner +was not described as a baronet, which he in fact became on his brother's +murder. Till recently such an objection would have been fatal. + + + + +INDEX + + + Albemarle, Duke of, takes information in Lord Russell's case, ii. 36. + + Albert, Archduke, sends embassy to James I., i. 3; + Cobham's connection with, 24. + + Aldridge, George, witness against Cowper, how he left the town, ii. + 170, 171. + + Aleyn, Sir Thomas, witness against Col. Turner, i. 170-180, 186, 191, + 192, 201. + + Amy, Henry, wounds of French and Lord Warwick; arrival at the Bagnio of + other duellists; condition of their swords, ii. 101. + + Anderson, Lord Chief-Justice, i. 10. + + Andrews, Doctor, i. 22. + + Anglesey, Lord, gives evidence in favour of Lord Russell, ii. 38, 39. + + Applegate, chairman, witness against Lord Warwick, ii. 92-95; + carried Lord Mohun to Leicester Fields, 92; + carried French to the Bagnio, 93; + Mohun tried to stop quarrel, 95. + + Arabella. _See_ Stewart, Lady Arabella. + + Aremberg, Duke of, ambassador of Henry IV., i. 3; + overtures to, 3, 12, 19, 29, 35, 55; + Raleigh's account of, 25, 47, 49, 57. + + Argyle, Duke of, and Lord Russell's Plot, ii. 27. + + Armstrong, Sir Thomas, and Lord Russell, ii. 8, 11, 13, 47; + and the Rye House Plot, 25. + + Arundel, Lord, at Raleigh's execution, i. 69, 71. + + Atterbury, a witness in Lord Russell's trial, ii. 32. + + Axtel, Daniel, regicide, i. 129, 150; + statement by, as to Hulet, 162. + + + Babington, Dr., witness against Cowper, ii. 165. + + Barefoot, Mrs., witness for Cowper, ii. 214. + + Barter, witness against Lady Lisle, i. 249, 250; + re-examined as to Dunne's statements, 256. + + Beavor, witness against Peters, i. 152, 154. + + Berry, James, found Sarah Stout drowned, ii. 151, 153. + + Blisset, Col., witness for Lord Warwick, ii. 115-117; + Warwick gives Coote 100 guineas, 115; + friendship between them, 116. + + Blunt, Charles, Earl of Devon, i. 9. + + Bocking, Jane, bewitched, i. 214, 225. + + Bowd, witness for Cowper, as to Sarah Stout's melancholy, ii. 239, 240. + + Bownes, John, regicide, i. 129. + + Bradshaw, John. _See_ Charles I., i. 75-119, 76; + discusses authority of Court, 80-87; + asks the King to plead, 91, 92; + declares sentence settled, King to be heard, 96, 97; + final speech by, 103-117. + + Brandon, George, the executioner of Charles I., i. 163, 165, 166. + + Bridgman, Sir Orlando. _See_ Harrison, Peters, and Hulet, i. 125, 129; + tries Col. Turner, 169. + + Brook, George, i. 4-8, 11; + and the 'Bye,' 16, 30; + Cecil's examination of, 28; + pension to, 35, 36; + and Copley, 39; + examination of, 40; + book given to, 40, 41; + and Arabella Stewart, 47. + + Browne, Sir Thomas, witness against the Suffolk witches, i. 227. + + Browne, Thomas, chairman, witness against Lord Warwick, ii. 82-87; + carried Coote to Leicester Fields, 83; + tried to carry Coote to the surgeon, 84; + cross-examined, 81, 87. + + Buchanan, David, witness against Goodere, ii. 268-272; + Goodere and Mahony at Sir John's cabin, 270, 271. + + Burnet, Dr., gives evidence in favour of Lord Russell, ii. 40-44; + accompanies him to the scaffold, 54. + + + Campbell, Sir ----, and Lord Russell's plot, ii. 28. + + Campian, Edmund, Jesuit, i. 47. + + Capel, Lord, execution of, i. 164. + + Carew, advises Raleigh to escape, i. 70. + + ---- John, regicide, i. 129. + + Carpenter, Dunne's evidence as to, ii. 68, 81; + witness against Lady Lisle, 77. + + Castlewood, Lord, duel with Lord Mohun, ii. 130-135. + + Cavendish, Lord, gives evidence in favour of Lord Russell, ii. 42. + + Cawthorne, witness against Lord Warwick, ii. 68-82; + French and Coote start from Locket's and return, 70, 71; + quarrel at Locket's, 71; + party leave Locket's, 71, 72; + cross-examination, 72-82; + heard no quarrel between Warwick and Coote, 73; + quarrel at Locket's, 75-82. + + Chamberlain, Sir T., witness against Turner, i. 189, 190, 201. + + Chandler, Susan, bewitched, i. 214; + state of, at the Assizes, 214; + evidence as to, 226; + recovers on verdict, 234. + + Charles, Prince of Wales, i. 61. + + Charles I., trial of, i. 75-119: + assembling of the High Court, 76-79; + charge read, 79, 80; + authority of Court discussed, 80-83; + the Court adjourns and re-assembles, 83; + King charged, authority of Court discussed, and King refuses to + plead, 84-87; + Court adjourns and re-assembles, 89; + Solicitor-General demands judgment, 89-91; + King charged and refuses to plead, 91-95; + Court adjourns and re-assembles, 95; + sentence agreed on, King to be heard, 96, 97; + King demands to be heard by Lords and Commons and is refused, 97-101; + Bradshaw's speech, 103-117; + sentence on the King, 118. + + Charles II. and the regicides, i. 120-125. + + Clement, seaman, witness against Cowper, as to corpses floating, ii. + 166-168. + + Clifford, Lord, witness for Lord Russell, ii. 46. + + Coatsworth, surgeon, witness against Cowper, ii. 158, 159, 163, 164. + + Cobham, Lord. _See_ Raleigh, i. 1-71; + in opposition, 2; + overtures to French and Spanish, 3; + Raleigh accuses, 5; + avows Raleigh's guilt; 6; + not a witness, 33, 37-39, 47-49; + takes message to Aremberg, 19; + letter to, from Raleigh, 21; + Raleigh's instigation of, 21, 23; + examination of, 23, 24, 40, 41; + Raleigh's reply to, 25, 26; + second examination of, 26, 27, 35, 45; + Cecil's examination of, 28, 29; + Coke's argument as to Raleigh's complicity with, 29-33; + Raleigh's confession as to, 36; + letter to the lords, 55, 56; + to Raleigh, 56, 57. + + Cochram, Sir John, and Lord Russell's plot, ii. 28, 29. + + Coke. _See_ Raleigh's trial, i. 1-71; + opening speech by, 13-23; + on Raleigh's connection with Cobham, 29-33; + on Cobham's letter, 53-56; + final sentence of Raleigh by, 65. + + Cook, John, solicitor to the Commonwealth, i. 79, 124, 129. + + Coote, opening as to, in Lord Warwick's case, ii. 65-68; + leaves Locket's first and returns, 71; + leaves with Warwick and Lord Mohun, 71, 72; + no quarrel with Warwick, 73, 74, 76, 108, 110, 114, 117, 119; + quarrel with French, 75; + conversation of, with Warwick and Mohun in St. Martin's Lane, 83, 86, + 87; + wounded in Leicester Square, 84, 88; + death of, 89; + killed by French, 102; + news of his death, 104; + Warwick's account of the death of, 111, 112; + receives money from Warwick, 115, 116. + + Copley, i. 4; + his confession, 35, 39. + + Corriton, prosecutes Lady Lisle, i. 241. + + Cotton, Sir Robert, King Charles taken to his house, i. 89, 119, 150. + + Court, Theodore, witness against Goodere, master of the _Ruby_, ii. + 264-267, 268. + + Cowper, Dr. W., witness for Spencer Cowper, ii. 197. + + ---- Spencer, trial of, ii. 139-228; + opening of case against, 141-146; + at Sarah Stout's house, Walker's evidence, 140-148; + Sarah Stout's melancholy, 140-151; + the finding of Sarah Stout's body, 151-155; + medical evidence for the prosecution, 154-162; + evidence as to dead bodies floating, 162-169; + how Cowper left Hertford, 169, 170; + Cowper's defence, 183-187; + the finding of the body, 187-194; + medical evidence, evidence of Sir Hans Sloane, etc., 194-199; + Sarah Stout's melancholy, 199-205; + Sarah Stout and Mr. Marshall, 206-208; + letters to Marshall, 208-210; + letters to Cowper, 210-212; + Cowper's connection with Sarah Stout, 212-214; + summing up, 224-246; + acquittal and appeal proceedings, 227, 228. + + Cowper, William, witness for Spencer Cowper, ii. 212-214. + + ---- Mrs., evidence of, for Spencer Cowper, as to Sarah Stout's + melancholy, ii. 201, 202. + + Cox, Dr. Thomas, witness for Lord Russell, ii. 44. + + ---- William, witness against Hulet, i. 164. + + Crattle, James, witness against Lord Warwick, ii. 90-92; + carried him to Leicester Square, 90; + and to the Bagnio, 91. + + Creed, witness for Lady Lisle, i. 262. + + Crippes, William, witness against Lord Warwick, ii. 87-90; + helped to carry Coote to Leicester Fields, 87; + conversation in St. Martin's Lane, 87, 88; + Coote wounded, 88. + + Cromwell, Oliver, and Peters, i. 142-145, 149, 150. + + Cullender, Rose, trial of, i. 211-235; + indictment, 213; + bewitched the Pacys, 221; 223, 224; + and the Durents, 225; + and Susan Chandler, 226; + touches the children in court, 229; + bewitches Soam's cart, 231; + and Sherringham's beasts, 232; + defence of, 233; + summing up and verdict as to, 234. + + + Dew, Robert, witness for Cowper, as to finding Sarah Stout's body, ii. + 188-190. + + Dimsdale, John (senior), surgeon, witness against Cowper, ii. 160-162. + + ---- ---- surgeon, witness against Cowper, ii. 154-156, 161. + + Dockwra, opening as to, in Lord Warwick's case, ii. 165; + arrival at the Bagnio, 97; + tried for murder of Coote, and convicted of manslaughter, 112. + + Doncaster, Lord, at Raleigh's execution, i. 69, 70. + + Duckinfield, Captain Loftus, witness against Lord Warwick, ii. 102-107; + interview with Warwick, James, and Dockwra, 102; + French killed Coote, 102; + Warwick fought with James, 103; + duellists to leave London, 104; + condition of Warwick's sword, 105. + + Dunne, James, witness against Lady Lisle, i. 242; + examination in chief, 242-247; + cross-examination of, 247-249; + re-examined as to what he told Lady Lisle, 250-255; + re-examined as to arrests at Moyles Court, 255-257; + final examination of, 258-261. + + Duny, Amy, trial of, for witchcraft, i. 211-235; + indictment, 213; + bewitches William Durent, 215, 217; + and Elizabeth Durent, 217; + and Dorothy Durent, 218; + touches Elizabeth Pacy, 219; + bewitches Elizabeth Pacy, 220-225; + admission by, 221; + bewitches Diana Booking, 225; + present while a child is touched by another, 229; + bewitches geese, a chimney, and a firkin of fish, 232, 233; + defence by, 233; + summing up as to, and verdict, 234. + + Durent, Ann, bewitched, i. 213, 225; + state of, at the Assizes, 214. + + Durent, Elizabeth, bewitched, i. 213; + bewitched by Amy Duny, 217, 218. + + ---- William, bewitched, i. 214; + bewitched by Amy Duny, 215. + + + Esmond, Henry, present at duel between Lord Castlewood and Lord Mohun, + ii. 130-135. + + Essex, Earl of, i. 54, 59, 70, 71. + + ---- ---- and Lord Russell, ii. 8; + Howard's evidence as to, 26, 29. + + + Fairfax, Lady, interrupts Charles I.'s trial, i. 96. + + Fane, guides Dunne to Moyles Court, i. 246. + + Ferguson, and Lord Russell, ii. 8, 13. + + Finch, Sir Heneage, i. 127; + prosecutes Russell when Solicitor-General, 5; + speech of, 47-50. + + Fleetwood, George, i. 129. + + Ford, Sir Richard, sheriff, complaint against, in Turner's trial, i. + 169; + at Turner's execution, 208. + + Foster, Sir Richard, tries Goodere, ii. 232. + + Foster, Sir Robert, i. 126. + + French, opening as to, in Lord Warwick's case, ii. 65-68; + leaves Locket's first, and returns, 71; + quarrel with Coote, 75; + wounded, 93; + arrival at the Bagnio, 96; + condition of his sword, 97, 98; + killed Coote, 102; + tried for murder of Coote, and convicted of manslaughter, 112. + + Fry, Elizabeth, witness against Turner, i. 184, 185. + + + Garland, Austin, regicide, i. 129. + + Garth, Dr., witness for Cowper, ii. 235, 236. + + Gin, Richard, seaman, witness against Cowper as to corpses floating, + ii. 168, 169. + + Gittens, witness against Hulet, i. 158-160. + + Glover, Cornelius, witness against Peters, i. 154, 155. + + Goodall, witness against Lord Warwick, arrival of the duellists at the + Bagnio, ii. 101. + + Goodere, Sir John. _See_ Goodere, Samuel. + + ---- Samuel, trial of, ii. 231-304; + Vernon opens the case, 232-236; + Sir John at Jarrit Smith's house, 238, 239; + meets Goodere there, 241, 242; + counsel's right to cross-examine, 245; + description of Sir John in the indictment, 247, 248; + Goodere visits the White Hart, 249-254; + Sir John carried to the _Ruby_, 255-264; + Sir John on the _Ruby_, 264-289; + Sir John murdered, 274-282; + Mahony's confession, 291-295; + question of jurisdiction, 295; + Sir John's madness, 297-301; + Goodere's character, 301; + defence, 303; + summing up, verdict and sentence, 304. + + Gore, Mr. Sutton, witness for Lord Russell, ii. 46. + + Gregory, Clement, regicide, i. 129. + + Grey, Lord, connection with Raleigh, i. 2-8, 16, 17; + Cecil arrests, 28. + + Grey of Werk, Lord, and Lord Russell, ii. 7, 8, 11, 13, 47. + + Gunter, witness against Peters, i. 145, 146. + + Gurrey, John, Mrs., and Elizabeth, witnesses against Stephens, etc., + their conduct and conversation in Hertford, ii. 171-180. + + + Hacker, Francis, regicide, i. 129. + + Hale, Sir Matthew, trial of Suffolk witches by, i. 212; + Lord Campbell on, 213 _n._ + + Hamilton, Duke of, execution of, i. 164. + + Hampden, John, and Lord Russell, ii. 10; + Howard's evidence as to, 26. + + Harrison, Colonel Thomas, trial of, i. 130-139; + pleads after discussion, 130, 131; + present in the High Court, 133; + and at a Committee Meeting, 132, 133; + conducted the King from Hurst Castle to London, 133, 134; + defence of, 135-139; + sentence on, 139, 140. + + Hatsell, Sir Henry, tries Spencer Cowper, ii. 140. + + Hawles, Sir John, prosecutes Lord Warwick when Solicitor-General, ii. + 122-127. + + Heale, Serjeant, i. 13. + + Henry, Prince of Wales, Raleigh's pupil, i. 61. + + Henry IV. of France, i. 3. + + Hevingham, William, regicide, i. 129. + + Hewson, Colonel, and King Charles's execution, i. 159, 160, 161. + + Hicks, and Lady Lisle, i. 241; + tried and hanged, 242; + Lady Lisle agrees to receive, 244; + journey with Dunne, 245; + discovered at Moyles Court, 255; + message to, and reception by, Lady Lisle, 258-261. + + Hide, Sir Robert, i. 126; + tries Colonel Turner, i. 169; + summing up of, 193, 194. + + Hill, William, witness against Turner, i. 182, 184, 191. + + Hobbs, Morris, witness against Goodere, landlord of the White Hart, ii. + 248-255; + Goodere's first visit, 290-292; + his second visit, 293-295. + + Holland, Earl of, execution of, i. 164. + + Hollis, Denzil, i. 136, 138. + + Holt, John, defends Lord Russell, ii. 6. + + Howard, Thomas, Earl of Suffolk, i. 8. + + ---- Henry, Earl of Northampton, i. 9. + + ---- of Escrick, Lord, and Lord Russell, ii. 8; + witness against Lord Russell, ii. 14-32; + declarations of Russell's innocence, 38-42, 44-46, 48, 52. + + ---- Mr., gives evidence in favour of Lord Russell, ii. 39-41. + + Hulet, William, trial of, i. 158-166; + on the scaffold of Charles I., i. 159; + statements by, and reports as to, 160-163; + sentence on, 165, 166. + + + Ireton, General, and Peters, i. 146, 147, 148. + + + James, opening as to, in Lord Warwick's trial, ii. 65-68; + sent for to Locket's, 69; + tries to stop the quarrel, 80; + arrival at the Bagnio, 87; + condition of his sword, 100; + fought with Warwick, 103; + tried for murder of Coote, and convicted of manslaughter, 112. + + Jeffreys, Lord Chief-Justice, tries Lady Lisle, i. 239-275; + summing up of, 263-269; + and the jury, 270-272; + prosecutes Lord Russell when a serjeant, ii. 50. + + Jenkins, Sir Leoline, takes information in Lord Russell's case, ii. 36. + + Jones, conducts prosecution of Cowper, ii. 140. + + ---- Edward, witness against Goodere, ii. 274-279; + saw murder of Sir John, 276; + helped to arrest captain, 278. + + ---- Mrs., witness against Goodere, saw murder of Sir John, ii. 280, + 281. + + ---- John, regicide, i. 129. + + + Keeting, Captain, witness for Lord Warwick, ii. 113, 114. + + Kelyng, Sir John, i. 127; + action in trial of Suffolk witches, i. 226, 229. + + Kemish, Francis, i. 21, 45. + + + La Chesnee, i. 64, 70. + + Lawrency, Raleigh plots with, i. 19, 25, 29; + examination of, 35. + + Le Clerc, i. 63, 70. + + Leeds, Duke of, cross-examination by, in Lord Warwick's trial, ii. 85, + 86. + + Lilburne, Robert, i. 129. + + Lisle, John, husband of Lady Lisle, i. 239. + + ---- Lady Alice, trial of, i. 239-275; + agrees to receive Hicks, 244, 245; + Dunne's first account of her reception of Hicks, etc., 246-249; + Barter's account of the same, 249; + Dunne's second account, 250-255; + denial of, as to Hicks and Nelthorp, 257; + Dunne's third account, 258-261; + defence of, 262, 263; + summing up as to, 263-269; verdict, 272; + sentence, 272, 273; + execution of, 274; + reversal of attainder of, 274, 275. + + + Macartney, Captain, second to Lord Castlewood, ii. 130-135. + + Mallett, Sir Robert, tries the regicides, i. 126. + + Manchester, Lord, tries the regicides, i. 136. + + Markham, Sir Griffen, and the 'Bye,' i. 4, 6, 21. + + Marshall, witness for Cowper, acquaintance with Sarah Stout, ii. 207, + 208; + letters from Sarah Stout, 208, 210. + + Marson, John (see Cowper, Spencer, trial of, ii. 139-228); + leaves London and arrives at Hertford, 218, 224; + conversation at Gurrey's, 219; + at the Devil, 221; + character of, 221, 222; + summing up, 224-226; + verdict, 227. + + Marten, Henry, regicide, i. 124, 129. + + Masterson, witness against Harrison, i. 132. + + Melvile, Lord, and Lord Russell's plot, ii. 28. + + Meyn, Simon, regicide, i. 129. + + Millington, Gilbert, regicide, i. 129. + + ---- witness against Turner, i. 188, 201. + + Milton, John, i. 124. + + Mohun, Lord, ii. 59; + true bill against, 62; + opening as to, 65-68; + tries to stop quarrel at Locket's, 71, 77, 79, 80; + leaves with Lord Warwick and Coote, 71, 72; + conversation of, with Coote and Warwick in St. Martin's Lane, 83, 86; + trial and acquittal of, 130; + duel with Lord Castlewood, 130-135. + + Monmouth, Duke of, and Lord Russell, ii. 7, 11, 13; + connection with Lord Howard, 20-26, 47, 48, 51. + + Montague, Lord Chief-Baron, tries Russell, ii. 5. + + Mortimer, Dr., witness against Peters, i. 151, 152. + + Mosely, witness for Turner, i. 201. + + Mundy, prosecutes Lady Lisle, i. 241. + + + Nailor, Dr., witness against Cowper, ii. 164. + + Nelson, Lieut.-Col., witness against Hulet, i. 162. + + Nelthorpe, brought to Lady Lisle by Dunne, i. 245; + discovered at Moyles Court, 255; + reception by Lady Lisle, 258-261. + + Nevill, Sir Edward, opinion of, in Lord Warwick's case, ii. 126. + + Newburgh, Lord, witness against Harrison, i. 133. + + Normanby, Marquis of, cross-examination by, in Lord Warwick's + trial, ii. 85. + + Northampton, Lord, at Raleigh's execution, i. 61. + + North, Sir Dudley, appointed Sheriff of London, ii. 3. + + ---- Francis, prosecutes Lord Russell, ii. 5; + opens the case, 7. + + Northumberland, Earl of, i. 2, 3. + + Nunnelly, Richard, witness against Peters, i. 150, 151. + + Nutley, witness against Harrison, i. 132. + + + Pacy, Deborah, bewitched, i. 214; + too ill to be brought to the Assizes, 219; + evidence as to, 219-223. + + ---- Elizabeth, bewitched, i. 214; + state of, at the Assizes, 214; + being unconscious at the Assizes, recognises and assaults Amy Duny, + 219; + evidence as to, 219-223. + + Palmer, Sir Geoffrey, i. 127. + + Payton, Sir John, i. 21. + + Pemberton, Sir Francis, Lord Chief-Justice, tries Russell, ii. 4. + + Pennington, Isaac, i. 129. + + Penruddock, John, i. 239. + + ---- Col., i. 239; + witness against Lady Lisle, as to at Moyles Court, arrests 255-257. + + Peterborough, Earl of, cross-examines in Lord Warwick's case, ii. 77. + + Peters, Hugh, trial of, i. 140-158; + pleads, 140, 141; + in Pembrokeshire, 142, 143; + escape from London with Cromwell, 143; + replies to Dr. Young, 144, 145; + consultations with Cromwell, 145, 146; + with Ireton and others at Windsor, 147, 148; + in the Painted Chamber, 149; + rode before the King into London, 149; + at the trial and execution, 150, 151; + his preachings, 152, 154; + his defence, 155, 156; + summing up and sentence, 156-158. + + Phillips, Serjeant, in Raleigh's trial, i. 36, 51. + + Pollexfen, defends Lord Russell, ii. 6; + prosecutes Lady Lisle, 61. + + Pomfret, witness against Lord Warwick, servant at the Bagnio, ii. + 96-100; + arrival of Warwick and French, 96; + and Dockwra and James, 97; + state of the swords, 96-100. + + Popham, Lord Chief-Justice, i. 6, 10; + examination by, of Lord Cobham, 27. + + Potter, Vincent, regicide, i. 129. + + Powys, Sir Thomas, appears for Lord Warwick, ii. 123, 125. + + Preston, Sir Amyas, i. 42. + + Pretty, account of Hulet by, i. 161. + + + Raleigh, Sir Walter, trial of, i. 1-71; + position on accession of James I., 2; + overtures of, to French and Spaniards, 3, 4; + examination and arrest, 5; + indictment, 11-13; + Coke's opening, 13-23; + Cobham's examination, 23, 24; + Raleigh's answer, 25, 26; + Cobham's second examination, 26, 27; + Raleigh's answer, 27, 28; + his connection with Cobham, 29, 30; + two witnesses required, 31-33; + examinations of Watson, etc., 35; + of Raleigh, 36; + Cobham not called, 37-39, 47-49; + examinations of Raleigh, Cobham, and others, 39-41; + book against the title of the King, 41-44; + letter to Cobham, 45; + Lady Arabella Stewart, 46, 50; + Dyer's evidence, 50; + Phillip's speech, 51; + Cobham's letter to the lords, 55, 56; + to Raleigh, 56, 57; + verdict, 57; + sentence, 58-60; + life in the Tower and the Guiana expedition, 61-65; + condemnation, 65; + letter to the King, 65, 66; + to his wife, 66-69; + execution, 69, 70. + + Raymund, Edmund, witness for Lord Warwick, ii. 119. + + Regicides. _See_ Harrison, Thomas; Peters, Hugh; Hulet, William; and + note i. p. 129. + + Rich, appointed Sheriff of London, ii. 3. + + ---- Col., and Peters, i. 146, 148. + + Richardson, Thomas, witness against Peters, i. 150. + + ---- Mrs., evidence against Marson, ii. 152. + + Roe, Owen, regicide, i. 129. + + Rogers, William (_see_ Cowper, Spencer, trial of, ii. 139-228); + leaves London and arrives at Hertford, 218-220; + conversation at Gurrey's, 219; + summing up, 224-226; + verdict, 227. + + Rumsey, witness against Lord Russell, takes message from Shaftesbury to + the conspirators, ii. 10-12, 13, 34, 37, 47, 51, 55. + + Russell, Lord, trial of, ii. 3-56; + charges against, 6; + objections to jurors, 6, 7, 56; + North opens case against, 7-10; + Rumsey's evidence against, as to meetings in Sheppard's house, 10-12; + Sheppard's evidence as to the same, 12-14; + Lord Howard's evidence against, as to Shaftesbury's plot, 14-26; + and Russell's plot, 26-31; + West's evidence as to connection of with Trenchard, 32, 33; + speech of, on question of law, 33, 34; + replies thereto, 34-37; + reply of, to Rumsey's evidence, 37, 38; + evidence as to declarations by Howard, 38-42; + evidence as to character, 43, 44; + Howard's reply, 44-46; + conclusion of speech of, 46, 47; + reply by Solicitor-General, 47-50; + summing up, 50-54; + verdict and sentence, 54; + execution of, and statement by, 54-56; + reversal of attainder of, 56. + + + Salisbury, Earl of (_see_ Raleigh); connection with Raleigh's trial, i. + 1-8; + judge in Raleigh's trial, 9; + plots revealed to, 28. + + Salmon, witness against Lord Warwick; describes Coote's wounds, ii. + 107. + + Sandeswell, Ann, witness against the Suffolk witches, i. 232. + + Savoy, Duke of, and Raleigh, i. 61. + + Sawyer, Sir Robert, prosecutes Lord Russell when Attorney-General, ii. + 5. + + Scot, Thomas, regicide, i. 129. + + Scroope, Adrian, regicide, i. 129. + + Shaftesbury, Earl of, connection with Lord Russell's trial, ii. 4-8; + message of, to conspirators, 11; + connection with Howard, 17-26, 47, 48, 51, 52. + + Sheppard, conspiracy at the house of, ii. 11, 47, 51; + witness as to meetings of conspirators, 13, 14. + + Sherringham, Robert, witness against the Suffolk witches, i. 232. + + Sidney, Col. Algernon, and Lord Russell, ii. 9; + Howard's evidence as to, 26. + + Simpson, Holland, witness against Peters, i. 150. + + Sloane, Sir Hans, witness for Cowper, ii. 194, 195. + + Smith, Aaron, conspires with Lord Russell, ii. 10, 28, 29. + + ---- Abraham, watchman, witness against Hulet, i. 163, 164. + + ---- Jarrit, witness against Goodere; two visits of Sir John to, and + reconciliation of brothers at his house, ii. 237-246. + + Soam, John, witness against the Suffolk witches, i. 231 + + Somers, Lord John, ii. 61. + + Somerset, Duke of, and the Guiana expedition, i. 61. + + ---- ---- witness for Lord Russell, ii. 44. + + Spencer, Mr., witness for Lord Russell, ii. 46. + + Stanhope, Col., witness for Lord Warwick, ii. 117, 118. + + Starkey, witness against Peters, i. 146, 149. + + Stephen, Sir James, on Coke, i. 7; + on validity of Lord Russell's objection to the jury, ii. 7; + on benefit of clergy, 121, 122; + on indictments, 247. + + Stephens, Ellis (_see_ Cowper, Spencer, trial of, ii. 139-228); + leaves London and arrives at Hertford, 218; + conversation at Gurrey's house, 219; + journey to Hertford, 220; + summing up, 224-226; + verdict, 227. + + Stewart, Charles. _See_ Charles I. and Charles II. + + ---- Lady Arabella, i. 12; + accusations against Raleigh as to, 20; + Raleigh's denial, 25, 26, 29, 49, 57; + statement on behalf of, 46. + + Stout, Mrs., takes proceedings for an appeal against Turner, ii. 227, + 228. + + ---- Sarah. _See_ Cowper. + + Stringer, Justice's visit to Turner, i. 207. + + Stubbards, Col., and trial of Charles I., i. 150. + + Stukely, Vice-Admiral, i. 62-64, 70. + + Suffolk witches, i. 311-325. + _See_ Cullender, Rose; and Duny, Amy. + + Sully, Duke of, ambassador to James I., i. 3. + + + Tasker, Major Ralph, witness against Turner, i. 145, 146. + + Temple, James, regicide, i. 129. + + ---- Peter, regicide, i. 129. + + Tench, and Charles I.'s scaffold, i. 151. + + Thomlinson, Col., in charge of Charles I., i. 78. + + Tichburne, Robert, regicide, i. 124, 129. + + Tillotson, Dr., witness for Lord Russell, ii. 42, 43; + accompanies him to the scaffold, 54. + + Toogood, witness as to admissions by Hulet, i. 160. + + Treby, Lord Chief-Justice, opinion of, in Lord Warwick's case, ii. 125, + 126. + + Trenchard, the rising of, ii. 8, 11, 24. + + Trevor, Thomas Lord, prosecutes the Earl of Warwick when + Attorney-General, ii. 65; + speech of, 122. + + Tryon, witness against Turner, i. 181, 182, 187, 193. + + Turner, Sir Edward, i. 127; + opens the case against Hulet, 158. + + Turner, Ely, trial of, i. 169-208; + was to bring money to Fry's house, 184, 185; + examined by Sir T. Aleyn, 191; + acquitted, 203. + + ---- James, trial of, i. 169-208; + Aleyn's evidence, 170-180; + Turner suspected, 171; + found in possession of money, 172, 186; + account of money and jewels by, 173; + arrest by Aleyn, 174, 175; + his wife sent for money and jewels, 175; + wife's account of them, 176; + committed to Newgate, 177, 178; + his account of his money to Aleyn, 179; + Tryon's account of the burglary, 180-182; + Turner's account to Hill, 182, 183; + as to forging Tryon's will, 183, 184; + deposits money with Fry and Ball, 185, 186; + account given by, of robbery to Cole, 187; + examined by Chamberlain and Aleyn, 189, 190; + defence of, 194-200; + summing up and verdict, 202, 203; + confession by, 204; + dying speech and execution of, 205, 208. + + ---- John, trial of, i. 169-208; + flies from Sir T. Aleyn, 179, 180, 191; + carried money to Fry's house, 185, 192, 197, 201, 202; + acquitted, 202. + + ---- Mary, trial of, i. 169-208; + sent for jewels and money by Turner, 175, 176, 199; + visit to Fry's house, 186, 197; + produced money and jewels, 188; + examined by Chamberlain, 190; + acquitted, 203. + + Turner, Stephen, witness against Lord Warwick, Coote's servant, ii. + 107; + Coote friendly with Warwick, 108. + + ---- William, trial of, i. 169-208; + arrest and examination of, 192; + identified by Tryon, 193; + denial by, 201; + acquittal and confession of, 203, 204. + + + Vanden Anchor, witness against Turner, i. 188. + + Villiers and the Guiana Expedition, i. 61. + + + Wade, Sir Thomas, i. 11. + + Wait, Thomas, and Raleigh's trial, i. 129. + + Walcot, connection with Lord Shaftesbury and Lord Howard, ii. 15, + 20-26. + + Walker, Sir Clement, on omissions in Charles I.'s trial, i. 93 _n._ + + ---- Sarah, witness against Cowper, his arrival and conduct at Mrs. + Stout's, ii. 146-152; + evidence contradicted, 216, 217. + + Wall, witness for Cowper, ii. 193. + + Waller, Sir Hardress, i. 129. + + Ward defends Lord Russell, ii. 7; + opinion of, in Lord Warwick's case when Lord Chief-Baron, 166. + + Warwick and Holland, Earl of, trial of, ii. 59-135; + preliminaries, 59-64; + opening speech, 65-68; + guests leave Locket's, 70-72; + course of quarrel between Coote and French, 75-79; + the journey to Leicester Fields and the Bagnio, 82-92; + arrival and proceedings at the Bagnio, 96-101; + Warwick's defence as to the facts, 109-112; + friendship between Warwick and Coote, 107, 113-119; + capacity of French to give evidence, benefit of clergy, 200-226; + verdict, 128, 129; + sentence, 129. + + Watcher, witness against Turner, i. 192. + + Watson, and the 'Bye' plot, i. 4, 16, 17, 35, 40. + + Weller, Daniel, witness against Goodere, ship's carpenter, i. 272-274. + + Westmoreland, i. 28. + + Whichcot, Sir Jeremy, witness against Peters, i. 150. + + Whiteman, Colonel, witness for Lord Warwick, ii. 119. + + Williams, Thomas, witness against Goodere, capture of Sir John, ii. + 255-259. + + Wilson, Sir Thomas, i. 64. + + Windham, Wadham, i. 127. + + Winwood and the Guiana Expedition, i. 61. + + Witches, Suffolk, the. _See_ Cullender, Rose; and Duny, Amy. + + Woodhouse, Dr., witness against Cowper, ii. 65. + + Wotton, Lord, of Morley, i. 10. + + Wright, Sir Nathan, prosecutes the Earl of Warwick when a serjeant, ii. + 64; + speech of, 104. + + Wroth, Sir Robert, i. 44. + + + Young, Sir Edward, opens Peters' case, i. 141. + + ---- Dr. William, witness against Peters, i. 141, 143, 145; + Peters' reply to, 143, 145. + + ---- witness for Cowper, finder of Sarah Stout's body, ii. 190-192. + + + + + Printed by T. and A. CONSTABLE, Printers to Her Majesty + at the Edinburgh University Press + + + + +TRANSCRIBERS' NOTES + + +Page 26: Algernone as in the original + +Page 36: Abermarle as in the original + +Page 53: beleive corrected to believe after "Whether upon this whole + matter you do" + +Page 61: paragraph ending "their faces towards the state;" as in the + original + +Page 101: 20th as in the original. Should perhaps be 30th. + +Page 310: Fergusson standardised to Ferguson, as in the text + +Page 313: inconsistent spelling of Nelthorp(e) as in original + +Page 319: find- changed to finder in entry for Young, witness for Cowper + +Footnote 12: Algernon Sidney. Year corrected from 1783 to 1683 in + "executed on 7th December 1783" + +Footnote 14: Rumsey. Year corrected from 1785 to 1685 in "executed in + 1785." Year corrected from 1783 to 1683 in "before, in 1783," + +Footnote 25: "became a a fellow" corrected to "became a fellow" + +General : The following have been inconsistently hyphenated in the + original: ale(-)house, church(-)yard, cock(-)pit, + half(-)penny, lime(-)kilns, no(-)body, over(-)board, + sweet(-)heart, three(-)score, twelve(-)month. These have not + been standardised. + +General : No attempt has been made to standardise or modernise spelling. + Corrections to punctuation have not been individually noted. + +Index : Volume numbers omitted in the original have been added for + Cowper, William; Howard, Thomas; Howard, Henry; Northampton, + Lord; Suffolk Witches + + + + + +End of the Project Gutenberg EBook of State Trials Vol. 2 (of 2), by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK STATE TRIALS VOL. 2 (OF 2) *** + +***** This file should be named 38088.txt or 38088.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/8/0/8/38088/ + +Produced by David Garcia, Delphine Lettau, Brownfox and +the Online Distributed Proofreading Team at +http://www.pgdp.net (This file was produced from images +generously made available by The Internet Archive) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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