diff options
Diffstat (limited to '38088-h')
| -rw-r--r-- | 38088-h/38088-h.htm | 13107 | ||||
| -rw-r--r-- | 38088-h/images/illus1.png | bin | 0 -> 74956 bytes | |||
| -rw-r--r-- | 38088-h/images/illus2.png | bin | 0 -> 15590 bytes |
3 files changed, 13107 insertions, 0 deletions
diff --git a/38088-h/38088-h.htm b/38088-h/38088-h.htm new file mode 100644 index 0000000..a8111d6 --- /dev/null +++ b/38088-h/38088-h.htm @@ -0,0 +1,13107 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> + +<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> + <head> + <meta http-equiv="Content-Type" content="text/html;charset=iso-8859-1" /> + <meta http-equiv="Content-Style-Type" content="text/css" /> + <title> + The Project Gutenberg eBook of State Trials Vol. II., edited by H. L. Stephen. + </title> + <style type="text/css"> + +body { + margin-left: 10%; + margin-right: 10%; +} + + h1,h2,h3 { + text-align: center; /* all headings centered */ + clear: both; +} + +p { + margin-top: .75em; + text-align: justify; + margin-bottom: .75em; +} + +hr { + width: 33%; + margin-top: 2em; + margin-bottom: 2em; + margin-left: auto; + margin-right: auto; + clear: both; +} + +table { + margin-left: auto; + margin-right: auto; +} + +.pagenum { /* uncomment the next line for invisible page numbers */ + /* visibility: hidden; */ + position: absolute; + left: 92%; + font-size: small; + text-align: right; + font-weight: normal; + font-style: normal; +} /* page numbers */ + +.blockquot { + margin-left: 5%; + margin-right: 5%; +} + +.blockletter { + margin-left: 10%; + margin-right: 10%; + font-size:small; +} + +.bbox {border: solid 2px; padding:2em;} + +.center {text-align: center;} + +.smcap {font-variant: small-caps;} + +.caption {font-weight: bold;font-size:large;} + +/* Images */ +.figcenter { + margin: auto; + text-align: center; +} + +/* Footnotes */ +.footnotes {border: dashed 1px;} + +.footnote {margin-left: 10%; margin-right: 10%; font-size: 0.9em;} + +.footnote .label {position: absolute; right: 84%; text-align: right;} + +.fnanchor { + vertical-align: super; + font-size: .8em; + text-decoration: + none; +} + +.gap4 {margin-top:4em;} + +.xlarge {font-size:x-large;} +.large {font-size:large;} +.small {font-size:small;} + +.w60 {width:60%;} +.w40 {width:40%;} + +.ralign {text-align:right;} +.tabnum {text-align:right;padding-right:0.5em;padding-left:1em;} +.indentind {text-indent:1em;} +.indentpresig {margin-bottom:0} +.indentsig {text-indent:1em;margin-top:0} +.indentr {margin-right:5%;} +.hangindent {margin-left:2em;text-indent:-2em;} + +.indfirst {margin-top:2em;margin-bottom:0em;text-indent:-4em;padding-left:4em;} +.indmain {margin-top:1em;margin-bottom:0em;text-indent:-4em;padding-left:4em;} +.indsub {margin-top:0em;margin-bottom:0em;text-indent:-4em;padding-left:4em;margin-left:2em;} + + </style> + </head> +<body> + + +<pre> + +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) + + + + + + +</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. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +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 + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. +To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. 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 |
