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diff --git a/38088.txt b/38088.txt new file mode 100644 index 0000000..4376b45 --- /dev/null +++ b/38088.txt @@ -0,0 +1,11237 @@ +The Project Gutenberg EBook of State Trials Vol. 2 (of 2), by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: State Trials Vol. 2 (of 2) + Political and Social + +Author: Various + +Editor: Sir Harry Lushington Stephen + +Release Date: November 22, 2011 [EBook #38088] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK STATE TRIALS VOL. 2 (OF 2) *** + + + + +Produced by David Garcia, Delphine Lettau, Brownfox and +the Online Distributed Proofreading Team at +http://www.pgdp.net (This file was produced from images +generously made available by The Internet Archive) + + + + + + + + + +STATE TRIALS + + + + + _First impression, March 1899_ + _Second impression, September 1899_ + + + _All rights reserved_ + +[Illustration: William Lord Russell.] + + + + +STATE TRIALS + +POLITICAL AND SOCIAL + +SELECTED AND EDITED + +BY H. L. STEPHEN + +IN TWO VOLUMES + +VOL. II + +[Illustration] + +LONDON +DUCKWORTH AND CO +1899 + + + + +Edinburgh: T. and A. CONSTABLE, Printers to Her Majesty + + + + +CONTENTS + + + PAGE + +LORD RUSSELL, 3 + +THE EARL OF WARWICK, 59 + +SPENCER COWPER AND OTHERS, 139 + +SAMUEL GOODERE AND OTHERS, 231 + + INDEX, 305 + + + + +LORD RUSSELL + + +Lord Russell's trial marks the moment in the latter part of Charles +II.'s reign when his power reached its highest point. The Exclusion Bill +was thrown out by the House of Lords in 1680, and though Stafford was +tried and executed at the end of the year, the dissolution of the +short-lived Oxford Parliament in April 1681 left the Country party, who +had just acquired the name of Whigs, in a temporarily hopeless position. +On the 2nd of July in the same year Shaftesbury was arrested on a charge +of suborning witnesses in the Popish Plot, but the bill presented +against him was thrown out by the Grand Jury, which had been packed in +his favour by a friendly sheriff, and he was liberated in November. An +unscrupulous exercise of the power of the Court led to North (brother of +the Chief-Justice of the Common Pleas, soon to become Lord Keeper) and +Rich being sworn in as sheriffs in June 1682, and Shaftesbury, no longer +being able to rely on his City friends, retired into hiding and entered +on the illegal practices described in Russell's trial. The security +afforded to the opponents of the Court was further diminished in 1683 +by the suppression of the charter of the City by a writ of Quo Warranto, +which, although it was too late to have any effect on Russell's conduct, +may help to justify it. The position of the Country party thus appeared +desperate. The King had contrived to overcome all constitutional means +of opposition; Shaftesbury's unscrupulous policy had alienated most of +his natural adherents; his violent disposition made it impossible for +his remaining followers to take advantage of the difficulties which the +King was preparing for himself and his successor; and by anticipating +the crisis of 1688, Shaftesbury, Essex, and Russell brought down +destruction on themselves. + +Lord Russell was tried at the Old Bailey on the 13th of July 1683 before +the Lord Chief-Justice, Sir Francis Pemberton,[1] the Lord Chief-Baron, +Mr. William Montague, and nine other judges. There appeared for the +prosecution the Attorney-General, Sir Robert Sawyer[2], the +Solicitor-General, Mr. Finch[3], Serjeant Jeffreys[4], Mr. North[5]. + +The charge against Lord Russell was that he was guilty of high treason +in conspiring to depose and kill the King, and to stir up rebellion +against him. To this he pleaded Not Guilty. + +He objected that he ought not to be arraigned and tried on the same day, +to which it was replied that he had had more than a fortnight's notice +of his trial and the facts alleged against him by having questions put +to him when he was in custody in the Tower. On the first juror being +called, Lord Russell objected that he was not a 40s. freeholder in the +City. He was allowed to have counsel assigned to him to argue as to +whether this was a good ground of objection; the counsel he chose were +Pollexfen[6], Holt[7], and Ward. The question was whether the statute 2 +Hen. V. c. 3, which enacted that in the case of capital offences the +jurors must have lands of the yearly value of 40s., applied to trials +for treason or to trials in the City. It was decided by all the judges +that it did not,[8] the objection was overruled, and a jury was sworn +without any challenges being made. + +_North_ then shortly opened the case. He alleged that in the previous +October and November a council consisting of Russell, the Duke of +Monmouth, Lord Grey,[9] Sir Thomas Armstrong, and one Ferguson, were +plotting a rising in conjunction with the Earl of Shaftesbury. The Earl +was anxious that the opportunity of the celebration of Queen Elizabeth's +birthday on the 19th of November should be used for the purpose. The +conspirators objected to this on the ground that Trenchard, who was to +have headed a rising in the West, was not ready. On this Shaftesbury and +Ferguson left the country, and the so-called council was re-organised by +Armstrong and Grey being left out, and Lord Howard,[10] Lord Essex,[11] +Colonel Algernon Sidney,[12] and Mr. Hampden,[13] being taken in. +Frequent consultations were held at Russell's house, and Aaron Smith was +despatched to Scotland to arrange a rising on the part of the +malcontents there. + +_Rumsey_[14] was called, and being sworn deposed that at the end of +October or the beginning of November Shaftesbury had sent for him to his +lodgings in Wapping, where he was hiding, and told him to go to the +house of one Sheppard, where he could find Monmouth, Russell, Grey, +Armstrong, and Ferguson, and to ask what resolution they had come to as +to the rising at Taunton. He took this message accordingly, and received +an answer that Trenchard had promised 1000 foot and 300 horse, but had +failed them. Most of this answer was delivered by Ferguson, but others, +including Russell, were in the room at the time. + + ATTORNEY-GENERAL--Was there nothing of my lord Shaftesbury to + be contented? + + RUMSEY--Yes, that my lord Shaftesbury must be contented; and + upon that he took his resolution to be gone. + + LORD CHIEF-JUSTICE--Did you hear any such resolution from him? + + RUMSEY--Yes, my lord. + +Shaftesbury told him of the meeting; he was not there more than a +quarter of an hour; he heard something of a declaration to be made, +either there, or on a report of Ferguson's. + + JEFFREYS--To what purpose was the declaration? + + LORD CHIEF-JUSTICE--We must do the prisoner that right; he says + he cannot tell whether he had it from him or Mr. Ferguson. + +There was some discourse begun by Armstrong as to the posture of the +guards at the Savoy and at the Mews. Monmouth, Grey, and Armstrong, in +Russell's presence, undertook to see the guards, + + with what care and vigilance they did guard themselves at the + Savoy and Mews, whether they might be surprised or not. + +The rising was to be on the 19th of November. It was arranged by +Shaftesbury that he himself was to go to Bristol, in what capacity it +was not stated. + + JEFFREYS--If my lord Russell pleases to ask him any questions + he may. + + LORD RUSSELL--I have very few questions to ask him for I know + little of the matter; for it was the greatest accident in the + world I was there, and when I saw that company was there I + would have been gone again. I came there accidentally to speak + with Mr. Sheppard; I had just come to town, but there was no + discourse of surprising the guards, nor no undertaking of + raising an army. + + LORD CHIEF-JUSTICE--We will hear you to anything by and by, but + that which we desire to know of your lordship is, as the + witnesses come, to know if you would have any particular + questions asked of them. + +On being pressed by Russell, Rumsey repeated that Russell 'did discourse +of the rising' at Taunton and consented to it. + +_Sheppard_ was called, and deposed that in October Ferguson came to him +in Monmouth's name, + + and desired the conveniency of my house, for him and some other + persons of quality to meet there. As soon as I had granted it, + in the evening the duke of Monmouth, my lord Grey, my lord + Russell, sir Thomas Armstrong, col. Rumsey and Mr. Ferguson + came. Sir T. Armstrong desired me that none of my servants + might come up, but they might be private; so what they wanted I + went down for, a bottle of wine or so. + +He confirmed Rumsey's evidence as to the discourse about surprising the +guards; Monmouth, Grey, and Armstrong went out to view them at the Mews; +the next time they met Armstrong reported + + the guards were very remiss in their places, and not like + soldiers, and the thing was feasible, if they had strength to + do it. + +There were two meetings: he had notice of them; the company came in the +evening; he saw no coaches; Lord Russell came both times. + + JEFFREYS--Do you remember that col. Rumsey at the first time + had any discourse about any private business relating to my + lord Russell? + + SHEPPARD--No, I do not remember it. + + ATTORNEY-GENERAL--Besides the seizing of the guards did they + discourse about rising? + + SHEPPARD--I do not remember any further discourse, for I went + several times down to fetch wine, and sugar, and nutmeg, and I + do not know what was said in my absence. + +He remembered that a paper was read 'somewhat in the nature of a +proclamation,' setting forth the grievances of the nation 'in order to a +rising.' It was read by Ferguson, but he could not say whether they were +all present or not. + +Cross-examined by Lord Russell, he could not be positive as to the time +of the meetings; they were at the time that Lord Shaftesbury was absent +from his house, and he absented himself about Michaelmas day. + + LORD RUSSELL--I never was but once at your house, and there was + no such design as I heard of. I desire that Mr. Sheppard may + recollect himself. + + SHEPPARD--Indeed my lord I can't be positive in the times. My + lord I am sure was at one meeting. + + LORD CHIEF-JUSTICE--But was he at both? + + SHEPPARD--I think so; but it was eight or nine months ago, and + I can't be positive. + + LORD RUSSELL--I can prove I was then in the country. Col. + Rumsey said there was but one meeting. + + COL. RUMSEY--I do not remember I was at two; if I was not, I + heard Mr. Ferguson relate the debates of the other meeting to + my lord Shaftesbury. + + LORD RUSSELL--Is it usual for witnesses to hear one another? + + LORD CHIEF-JUSTICE--I think your lordship need not concern + yourself about that; for I see the witnesses are brought in one + after another. + + LORD RUSSELL--There was no design. + + JEFFREYS--He hath sworn it. + + ATTORNEY-GENERAL--Swear my lord Howard (which was done). Pray + will your lordship give an account to the Court, what you know + of a rising designed before my lord Shaftesbury went away, and + afterwards how it was continued on. + + LORD HOWARD--My lord, I appear with some confusion. Let no man + wonder that it is troublesome to me. My lord as to the question + Mr. Attorney puts to me, this is the account I have to give: It + is very well known to every one, how great a ferment was made + in the city, upon occasion of the long dispute about the + election of sheriffs; and this soon produced a greater freedom + and liberty of speech one with another, than perhaps had been + used formerly, though not without some previous preparations + and dispositions made to the same thing. Upon this occasion + among others, I was acquainted with captain Walcot[15], a + person that had been some months in England, being returned out + of Ireland, and who indeed I had not seen for eleven years + before. But he came to me as soon as he came out of Ireland, + and when these unhappy divisions came, he made very frequent + applications to me; and though he was unknown himself, yet + being brought by me, he soon gained a confidence with my lord + Shaftesbury, and from him derived it to others. When this + unhappy rent and division of mind was, he having before got + himself acquainted with many persons of the city, had entered + into such counsels with them, as afterwards had the effect, + which in the ensuing narrative I shall relate to your + lordship. He came to me, and told me, that they were now + sensible all they had was going, that this force put upon + them---- + + LORD CHIEF-JUSTICE--Pray my lord, raise your voice, else your + evidence will pass for nothing. + + ONE OF THE JURY--We cannot hear my lord. + + LORD HOWARD--There is an unhappy accident happened that hath + sunk my voice: I was but just now acquainted with the fate of + my lord of Essex. My lord, I say, he came to me, and did + acquaint me, that the people were now so sensible that all + their interest was going, by that violence offered to the city + in their elections, that they were resolved to take some course + to put a stop to it, if it were possible: He told me there were + several consults and meetings of persons about it, and several + persons had begun to put themselves into a disposition and + preparation to act; that some had furnished themselves with + very good horses, and kept them in the most secret and blind + stables they could. That divers had intended it, and for his + own part he was resolved to imbark himself in it. And having an + estate in Ireland, he thought to dispatch his son thither (for + he had a good real estate, and a great stock, how he disposed + of his real estate, I know not); but he ordered his son to turn + his stock into money to furnish him for the occasion: This I + take to be about August, his son was sent away. Soon after this + the son not being yet returned, and I having several accounts + from him wherein I found the fermentation grew higher and + higher, and every day a nearer approach to action I told him I + had a necessity to go into Essex to attend the concerns of my + own estate; but told him how he might by another name convey + letters to me, and gave him a little cant, by which he might + blind and disguise the matter he wrote about when I was in the + country. + + I received two or three letters from him, that gave me an + account in that disguised style, but such as I understood, that + the negotiation which he had with my correspondents was going + on, and in good condition; and it was earnestly desired I would + come to town; this was the middle of September. + + I notwithstanding, was willing to see the result of that great + affair, upon which all men's eyes were fixed, which was the + determination of the shrivalty about that time. So I ordered it + to fall into town, and went to my own house Saturday night + which was Michaelmas Day. + + On Sunday he came to me and dined with me, and told me (after a + general account given me of the affairs of the times) that my + lord Shaftesbury was secreted and withdrawn from his own house + in Aldersgate Street; and that though he had a family settled, + and had absconded himself from them, and divers others of his + friends and confidents; yet he did desire to speak with me, and + for that purpose sent him to shew me the way to his lodging: He + brought me to a house at the lower end of Wood Street, one + Watson's house, and there my lord was alone. He told me he + could not but be sensible, how innocent soever he was, both he + and all honest men were unsafe, so long as the administration + of justice was in such hands as would accommodate all things to + the humour of the court. That in the sense of this he thought + it but reasonable to provide for his own safety by withdrawing + himself from his own house into that retirement. That now he + had ripened affairs to that head, and had things in that + preparation, that he did not doubt but he should be able, by + those men that would be in readiness in London, to turn the + tide, and put a stop to the torrent that was ready to overflow. + But he did complain to me, that his design, and the design of + the public, was very much obstructed by the unhandsome + deportment of the Duke of Monmouth, and my lord Russell, who + had withdrawn themselves not only from his assistance, but from + their own engagements and appointments: For when he had got + such a formed force as he had in London, and expected to have + it answered by them in the country, they did recede from it, + and told him they were not in a condition or preparation, in + the country, to be concurrent with him at that time. This he + looked upon but as an artificial excuse, and as an instance of + their intentions wholly to desert him: but notwithstanding + there was such preparation made in London, that if they were + willing to lose the honour of being concurrent with him, he was + able to do it himself, and did intend speedily to put it into + execution. I asked him what forces he had? He said he had + enough. Says I, What are you assured of? Says he, There is + above ten thousand brisk boys are ready to follow me, whenever + I hold up my finger. Says I, How have you methoded this, that + they should not be crushed, for there will be a great force to + oppose you? Yes, he answered, but they would possess themselves + of the gates; and these ten thousand men in 24 hours would be + multiplied into five times the number, and be able to make a + sally out, and possess themselves of Whitehall, by beating the + guards. I told him this was a fair story, and I had reason to + think a man of his figure would not undertake a thing that + might prove so fatal, unless it were laid on a foundation that + might give a prudent man ground to hope it would be successful. + + He said he was certain of it, but confessed it was a great + disappointment that these lords had failed him. I told him, I + was not provided with an answer at that time; that he well knew + me, and knew the general frame and bent of my spirit. But I + told him, I looked upon it as dangerous, and ought to be laid + deep, and to be very well weighed and considered of: and did + not think it a thing fit to be entered upon, without the + concurrence of those lords. He did consent, with much ado, but, + says he, you will find they will wave it, and give doubtful and + deferring answers, but you will find this a truth. + + I went to Moor Park next day, where the Duke of Monmouth was, + and told him the great complaint my lord Shaftesbury had made, + that he failed him. Says he, I think he is mad; I was so far + from giving him any encouragement, that I did tell him from the + beginning, and so did my lord Russell, there was nothing to be + done by us in the country at that time. I did not then own that + I had seen my lord, but spake as if this were brought me by a + third person, because he had not given me liberty to tell them + where his lodging was. Says I, My lord, I shall be able to give + a better account of this in a day or two: Shall I convey it to + my lord, that you are willing to give a meeting? Yes, says he, + with all my heart. This was the 2nd, 3rd, or 4th of Oct. + + I came to town on Saturday, and was carried to him on Monday; + and I suppose this was Tuesday the 2nd of October. On Wednesday + I think I went to him again (but it is not very material) and + told him I had been with the duke of Monmouth and given him a + punctual account of what I had from him; and the duke did + absolutely disown any such thing, and told me, he never did + give him any encouragement to proceed that way, because the + countries were not in a disposition for action, nor could be + put in readiness at that time. Says my lord Shaftesbury, It is + false: they are afraid to own it. And, says he, I have reason + to believe, there is some artificial bargain between his father + and him, to save one another: for when I have brought him to + action, I could never get him to put on, and therefore I + suspect him: and, says he, several honest men in the city have + puzzled me, in asking how the duke of Monmouth lived: says he, + They puzzled me, and I could not answer the question; for I + know he must have his living from the King; and says he, we + have different prospects; we are for a Commonwealth and he hath + no other design but his own personal interest, and that will + not go down with my people now (so he called them), they are + all for a commonwealth: and then, says he, It is to no purpose + for me to see him; it will but widen the breach, and I dare not + trust him to come hither. Says I, My lord, that's a good one + indeed! dare not you trust him, and yet do you send me to him + on this errand? Nay, says he, it is because we have had some + misunderstanding of late; but I believe he is true enough to + the interest. Says I, It is a great unhappiness to take this + time to fall out, and I think it is so great a design, that it + ought to be undertaken with the greatest strength and coalition + in the kingdom. Says he, My friends are now gone so far, that + they can't pull their foot back again without going further; + for, says he, it hath been communicated to so many that it is + impossible to keep it from taking air, and it must go on. Says + he, We are not so unprovided as you think for; there are so + many men, that you will find as brisk men as any in England. + Besides we are to have 1000 or 1500 horse, that are to be drawn + by insensible parties into town, that when the insurrection is, + shall be able to scour the streets and hinder them from forming + their forces against us. My lord, after great inlargement upon + this head, and heads of the like nature, I told him I would not + leave him thus, and that nothing should satisfy me, but an + interview between him and the lords. No, I could not obtain it: + but if I would go and tell them what a forwardness he was in, + and that, if they would do themselves right, by putting + themselves upon correspondent action in their respective + places, and where their interest lay, well; otherwise he would + go away without them: So I went again to the Duke of Monmouth, + I spake to him only (I never spake to my lord Russell then, + only we were together, but I had never come to any close + conjunction of counsels in my life with him at that time). Says + I to the duke, This man is mad, and his madness will prove + fatal to us all; he hath been in a fright by being in the + tower, and carries those fears about him that cloud his + understanding. I think his judgment hath deserted him, when he + goes about with those strange sanguine hopes that I can't see + what should support him in the ground of them. + + Therefore says I, Pray will you give him a meeting? God-so says + the duke, with all my heart, and I desire nothing more. Now I + told him, I had been with my lord Shaftesbury, with other + inlargements that I need not trouble your lordship with; well, + says he, pray go to him, and try if it be possible to get a + meeting; so I went to him and told him; Says I, This is a great + unhappiness and it seems to be a great absurdity, that you are + so forward to act alone in such a thing as this. Pray, says I, + without any more to do, since you have this confidence to send + for me, let me prevail with you to meet them, and give them an + interview, or else you and I must break. I will no longer hold + any correspondence, unless it be so. Says he, I tell you they + will betray me. In short he did with much importunity yield + that he would come out the next night in a disguise. By this + time it was Saturday, I take it to be the 6th of Oct.: an + almanac will settle that: so the next night being Sunday and + the shops shut, he would come out in a concealment, be carried + in a coach, and brought to his own house, which he thought then + was safest. I came and gave the duke of Monmouth an account of + it; the duke I suppose conveyed the same understanding to my + lord Russell; and I suppose both would have been there + accordingly, to have given the meeting: but next morning I + found colonel Rumsey had left a note at my house, that the + meeting could not be that day. Then I went to the duke of + Monmouth and he had had the account before, that my lord + Shaftesbury did apprehend himself to be in some danger in that + house, and that the apprehension had occasioned him to remove; + but we should be sure to hear from him in two or three days. We + took it as a waiver, and thought he did from thence intend to + abscond himself from us, and it proved so to me, for from that + time I never saw him. But captain Walcot came to me, and told + me, that he was withdrawn, but it was for fear his lodging + might be discovered, but he did not doubt but in a week he + would let me know where his lodging was: but told me within + such a time, which I think was eight or ten days, there would + be a rising; and I told the duke of Monmouth and I believe he + told my lord Russell; and we believed his frenzy was now grown + to that height, that he would rise immediately and put his + design into execution: so we endeavoured to prevent it, upon + which my lord Russell (I was told) and the duke of Monmouth, + did force their way to my lord Shaftesbury's and did persuade + him to put off the day of his rendezvous. I had not this from + my lord Russell, for I had not spoke a word to him: but the + duke told me my lord Russell had been with him (I had indeed an + intimation, that he had been with him but the duke told me, + says he, I have not been with him, but my lord Russell was, + having been conveyed by colonel Rumsey). After this day was put + off, it seems it was put off with this condition, that those + lords and divers others should be in a readiness to raise the + country about that day fortnight, or thereabouts; for there was + not above a fortnight's time given: and, says the duke of + Monmouth, we have put it off but now we must be in action, for + there is no holding it off any longer. And says he, I have been + at Wapping all night, and I never saw a company of bolder and + brisker fellows in my life; and says he, I have been round the + Tower and seen the avenues of it; and I do not think it will be + hard, in a little time, to possess ourselves of it; but says + he, they are in the wrong way, yet we are engaged to be ready + for them in a fortnight, and therefore, says he, now we must + apply ourselves to it as well as we can. And thereupon I + believe they did send into the country and the duke of Monmouth + told me he spake to Mr. Trenchard, who was to take particular + care of Somersetshire, with this circumstance; Says he, I + thought Mr. Trenchard had been a brisker fellow; for when I + told him of it, he looked so pale, I thought he would have + swooned, when I brought him to the brink of action; and said, I + pray go and do what you can among your acquaintance; and truly + I thought it would have come then to action. But I went the + next day to him, and he said it was impossible, they could not + get the gentlemen of the country to stir yet. + + LORD RUSSELL--My lord, I think I have very hard measure, here + is a great deal of evidence by hearsay. + + LORD CHIEF-JUSTICE--This is nothing against you, I declare it + to the jury. + + ATTORNEY-GENERAL--If you please, my lord, go on in the method + of time. This is nothing against you, but it's coming to you, + if your lordship will have patience, I assure you. + + LORD HOWARD--This is just in the order it was done. When this + was put off, then they were in a great hurry; and Captain + Walcot had been several times with me, and discoursed of it. + But upon this disappointment they said, it should be the + dishonour of the lords, that they were backward to perform + their parts; but still they were resolved to go on. And this + had carried it to the latter end of October. About the 17th or + 18th captain Walcot came to me, and told me, now they were + resolved positively to rise, and did believe that a smart party + might perhaps meet with some great men[16]. Thereupon I told + the duke of it; I met him in the street and went out of my own + coach into his, and told him there was some dark intimation, as + if there might be some attempt upon the king's person; with + that he struck his breast with a great emotion of spirit, and + said, God-so, kill the king! I will never suffer that. Then he + went to the play-house to find sir Thomas Armstrong and send + him up and down the city to put it off, as they did formerly; + and it was done with that success, that we were all quieted in + our minds, that at that time nothing would be done: but upon + the day the king came from Newmarket, we dined together; the + duke of Monmouth was one, and there we had a notion conveyed + among us, that some bold action should be done that day; which + comparing it with the king's coming, we concluded it was + designed upon the king. And I remember my lord Grey, says he, + By God, if they do attempt any such thing, it can't fail. We + were in great anxiety of mind, till we heard the king's coach + was come in, and sir Thomas Armstrong not being there, we + apprehended that he was to be one of the party (for he was not + there). This failing, it was then next determined (which was + the last alarum and news I had of it), to be done upon the 17th + of November, the anniversary of queen Elizabeth; and I remember + it by this remark I made myself, that I feared it had been + discovered, because I saw a proclamation a little before + forbidding public bonfires without leave of my lord mayor. It + made some impressions upon me that I thought they had got an + intimation of our intention, and had therefore forbid that + meeting. This therefore of the 17th of November being also + disappointed, and my lord Shaftesbury, being told things were + not ripe, in the country, took shipping and got away: and from + that time I heard no more of him till I heard he was dead. + Now, Sir, after this, we all began to lie under the same sense + and apprehensions that my lord Shaftesbury did, that we had + gone so far, and communicated it to so many, that it was unsafe + to make a retreat; and this being considered, it was also + considered, that so great an affair as that was, consisting of + such infinite particulars, to be managed with so much fineness, + and to have so many parts, it would be necessary, that there + should be some general council, that should take upon them the + care of the whole. Upon these thoughts we resolved to erect a + little Cabal among ourselves, which did consist of six persons; + and the persons were the duke of Monmouth, my lord of Essex, my + lord Russell, Mr. Hambden junr., Algernone Sidney, and myself. + + ATTORNEY-GENERAL--About what time was this, when you settled + this council? + + LORD HOWARD--It would have been proper for me in the next place + to tell you that, and I was coming to it. This was about the + middle of Jan. last (as near as I can remember); for about that + time we did meet at Mr. Hambden's house. + + ATTORNEY-GENERAL--Name those that met. + + LORD HOWARD--All the persons I named before; that was the duke + of Monmouth, my lord of Essex, my lord Russell, col. Sidney; + Mr. Hambden junr., and myself; when we met there, it was + presently agreed what their proper province was, which was to + have a care of the whole; and therefore it was necessary some + general things should fall under our care and conduct which + could not possibly be conducted by individual persons. The + things that did principally challenge this care, we thought + were these: Whether the insurrection was most proper to be + begun in London, or in the country, or both at one instant. + This stood upon several different reasons: It was said in the + country; and I remember the Duke of Monmouth insisted upon it, + that it was impossible to oppose a formed, well-methodized and + governed force, with a rabble hastily got together; and + therefore whatever number could be gathered in the city, would + be suppressed quickly, before they could form themselves: + therefore it would be better to begin it at such a distance + from the town, where they might have an opportunity of forming + themselves, and would not be subject to the like panic fear, as + in the town, where half an hour would convey the news to those + forces that in another half hour would be ready to suppress + them. + +It was further suggested that if the meeting was remote from London, the +King must either give an opportunity for a rising there by withdrawing +troops, or else give the insurgents time to gather head. Other questions +discussed were what counties and towns were the fittest for action, what +arms were necessary, how the L20,000 or L30,000 which the Duke of +Monmouth considered necessary for the rising were to be raised; lastly +and chiefly how to 'order it, as to draw Scotland into a consent with +us.' Another meeting was held ten days afterwards at Lord Russell's, +when the same persons were present. It was then decided to send +messengers to Lord Argyle 'to settle an understanding with him, and +others to invite to England persons' that were judged most able to +understand the state of Scotland, and give an account of it. Aaron +Smith[17] was accordingly sent to Sir John Cochram[18], Lord +Melvile[19], and Sir ---- Campbell, and received sixty guineas from +Algernon Sidney for his expenses. It was agreed that the conspirators +should not meet together again till Aaron Smith's return. His absence +for a month caused some apprehensions; 'but if his letters had +miscarried, it could have done no great hurt, for it carried only a kind +of cant in it; it was under the disguise of a plantation in Carolina.' + + ATTORNEY-GENERAL--You are sure my lord Russell was there? + + LORD HOWARD--Yes, sir; I wish I could say he was not. + + ATTORNEY-GENERAL--Did he sit there as a cypher? What did my + lord say? + + LORD HOWARD--Every one knows my lord Russell is a person of + great judgment, and not very lavish in discourse. + + SERJEANT JEFFREYS--But he did consent? + + LORD HOWARD--We did not put it to the vote, but it went without + contradiction, and I took it that all there gave their consent. + + SOLICITOR-GENERAL--The raising of money you speak of, was that + put into in any way? + + LORD HOWARD--No, but every man was to put themselves upon + thinking of such a way, that money might be collected without + administering jealousy. + + ATTORNEY-GENERAL--Were there no persons to undertake for a + fund? + + LORD HOWARD--No, I think not. However it was but opinion, the + thing that was said was jocosely, rather than anything else, + that my lord of Essex had dealing in money, and therefore he + was thought the most proper person to take care of those + things; but this was said rather by way of mirth, than + otherwise. + +Howard then withdrew to Essex to see after some private affairs; on +returning to town he heard that Smith had returned with Sir John Cochram +but did not see them. He then went to Bath and had nothing more to do +with the conspiracy. + + LORD CHIEF-JUSTICE--My lord Russell, now if your lordship + pleases, is the time for you to ask him any questions. + + LORD RUSSELL--The most he hath said of me, my lord, is only + hearsay; the two times we met, it was upon no formed design, + only to talk of news, and talk of things in general. + + LORD CHIEF-JUSTICE--But I will tell you what it is he + testifies, that comes nearest your lordship, that so you may + consider of it, if you will ask any questions. He says after my + lord Shaftesbury went off (all before is but inducement, as to + anything that concerns your lordship, and does not particularly + touch you; after his going away he says) the party concerned + with my lord Shaftesbury did think fit to make choice of six + persons to carry on the design of an insurrection or rising, as + he calls it, in the kingdom; and that to that purpose, choice + was made of the Duke of Monmouth, my lord of Essex, your + lordship, my lord Howard, colonel Sidney, and Mr. Hambden. + + LORD RUSSELL--Pray my lord, not to interrupt you, by what party + (I know no party) were they chosen? + + LORD HOWARD--It is very true, we were not chosen by community, + but did erect ourselves by mutual agreement, one with another, + into this society. + + LORD RUSSELL--We were people that did meet very often. + + LORD CHIEF-JUSTICE--Will your lordship please to have any other + questions asked of my lord Howard? + + LORD RUSSELL--He says it was a formed design, when we met about + no such thing. + + LORD CHIEF-JUSTICE--He says that you did consult among + yourselves, about the raising of men, and where the rising + should be first, whether in the city of London, or in more + foreign parts, that you had several debates concerning it; he + does make mention of some of the duke of Monmouth's arguments + for its being formed in places from the city; he says you did + all agree, not to do anything further in it, till you had + considered how to raise money and arms: and to engage the + kingdom of Scotland in this business with you, that it was + agreed among you that a messenger should be sent into the + kingdom of Scotland. Thus far he goes upon his own knowledge, + as he saith; what he says after, of sending a messenger, is by + report only. + + ATTORNEY-GENERAL--I beg your pardon, my lord. + + LORD CHIEF-JUSTICE--It is so, that which he heard concerning + the sending of Aaron Smith. + + ATTORNEY-GENERAL--Will you ask him any questions? + + LORD RUSSELL--We met, but there was no debate of any such + thing, nor putting anything in method. But my lord Howard is a + man that hath a voluble tongue, talks very well, and is full of + discourse, and we were delighted to hear him. + + ATTORNEY-GENERAL--I think your lordship did mention the + Campbells? + + LORD HOWARD--I did stammer it out, but not without a + parenthesis, it was a person of the alliance, and I thought of + the name of the Argyles. + +_Atterbury_ was called, and swore that Sir Hugh Campbell was in his +custody; was captured 'making his escape out of a woodmonger's house, +both he and his son'; he owned that he had been in London four days, and +that he and his son and Bailey came to town together. + + +_West[20] was then called and sworn._ + + ATTORNEY-GENERAL--That which I call you to, is to know whether + or no, in your managery of this plot, you understand any of the + lords were concerned, and which. + + MR. WEST--My lord, as to my lord Russell, I never had any + conversation with him at all, but that I have heard this, that + in the insurrection in November, Mr. Ferguson and colonel + Rumsey did tell me that my lord Russell intended to go down and + take his post in the West, when Mr. Trenchard had failed them. + + LORD CHIEF-JUSTICE--What is this? + + ATTORNEY-GENERAL--We have proved my lord privy to the consults; + now we go about to prove the under-actors did know it. + + WEST--They always said my lord Russell was the man they most + depended upon, because he was a person looked upon as of great + sobriety. + + LORD RUSSELL--Can I hinder people from making use of my name? + To have this brought to influence the gentlemen of the jury, + and inflame them against me, is hard. + + LORD CHIEF-JUSTICE--As to this, the giving evidence by hearsay + will not be evidence; what colonel Rumsey, or Mr Ferguson told + Mr. West, is no evidence. + + ATTORNEY-GENERAL--It is not evidence to convict a man, if there + were not plain evidence before; but it plainly confirms what + the other swears: but I think we need no more. + + JEFFREYS--We have evidence without it, and will not use + anything of garniture; we will leave it as it is, we won't + trouble your lordship any further. I think, Mr. Attorney, we + have done with our evidence. + +The Lord Chief-Justice then recapitulated the evidence given against +Lord Russell, dwelling particularly on the traitorous character of +Rumsey's message, Russell's privity to Trenchard's rising, the alleged +written declaration, and the consultations as to the best method of +effecting a rising, and finally called on Lord Russell to make his +defence. + + LORD RUSSELL--My lord, I cannot but think myself mighty + unfortunate, to stand here charged with so high and heinous a + crime, and that intricated and intermixed with the treasons and + horrid practices and speeches of other people, the king's + counsel taking all advantages, and improving and heightening + things against me. I am no lawyer, a very unready speaker, and + altogether a stranger to things of this nature, and alone, and + without counsel. Truly, my lord, I am very sensible, I am not + so provided to make my just defence, as otherwise I should do. + But, my lord, you are equal, and the gentlemen of the jury, I + think, are men of consciences; they are strangers to me, and I + hope they value innocent blood, and will consider the witnesses + that swear against me, swear to save their own lives; for + howsoever legal witnesses they may be accounted, they can't be + credible. And for col. Rumsey, who it is notoriously known hath + been so highly obliged by the king, and the duke, for him to be + capable of such a design of murdering the king, I think nobody + will wonder, if to save his own life, he will endeavour to take + away mine; neither does he swear enough to do it; and then if + he did, the time by the 13th of this king, is elapsed, it must + be as I understand by the law, prosecuted within six months; + and by the 25 Edw. III. a design of levying war is no treason, + unless by some overt-act it appear.[21] And, my lord, I desire + to know, what statute I am to be tried upon; for generals, I + think, are not to be gone upon in these cases. + +The _Attorney-General_ replies that they are proceeding under the +Statute of 25 Edward III.; that he does not contend that a design to +levy war is treason, but to prepare forces to fight against the King is +a design within the Statute to kill the King; 'to design to depose the +King, to imprison the King, to raise the subjects against the King, +these have been settled by several resolutions to be within that +Statute, and evidences of a design to kill the King.'[22] A man cannot +be convicted of treason by one witness only, but several witnesses to +several acts which manifest the same treason are sufficient. + + JEFFREYS--If my lord will call his witnesses---- + + LORD RUSSELL--This is tacking of two treasons together; here is + one in November by one witness, and then you bring in another + with a discourse of my lord Howard, and he says the discourse + passed for pleasure. + +The Lord Chief-Justice and Jeffreys point out that it has been settled +that the two witnesses required in treason may be witnesses to different +acts, and that if Lord Russell admits the facts his counsel may be heard +on the point of law. + + LORD CHIEF-JUSTICE--My lord, to hear your counsel concerning + this fact, that we cannot do, it was never done, nor will be + done. If your lordship doubts whether this fact is treason or + not, and desires your counsel may be heard to that, I will do + it. + + SOLICITOR-GENERAL--Will your lordship please to call any + witness to the matter of fact? + + LORD RUSSELL--It is very hard a man must lose his life upon + hearsay. Colonel Rumsey says he brought a message which I will + swear I never heard nor knew of. He does not say he spake to + me, or I gave him any answer. Mr. Sheppard remembers no such + thing; he was gone to and again. Here is but one witness, and + seven months ago. + + ATTORNEY-GENERAL--My lord, if there is anything that is law, + you shall have it + + LORD RUSSELL--My lord, colonel Rumsey, the other day before the + king [the information of Rumsey is signed by the Duke of + Abermarle and Sir Leoline Jenkins, Secretary of State] could + not say that I heard it, I was in the room, but I came in late, + they had been there a good while; I did not stay above a + quarter of an hour tasting sherry with Mr. Sheppard. + +Here some of the judges desired that 25 Edw. III. c. 2 should be read, +which was done. The material parts of it declare 'that whereas divers +opinions have been before this time, in what case treason shall be said, +and in what not ... when a man doth compass or imagine the death of our +lord the king ... or if a man do levy war against our lord the king in +his realm, or be adherent to the king's enemies in his realm, giving to +them aid and comfort in the realm, or elsewhere, and thereof be +provable attainted of open deed by people of their condition,' it is +treason. On this the point of law is re-discussed with the same result +as before. + + LORD RUSSELL--I do not know how to answer it. The points + methinks must be quite otherwise, that there should be two + witnesses to one thing at the same time. + + ATTORNEY-GENERAL--Your lordship remembers, in my lord + Stafford's case, there was but one witness to one act in + England, and another to another in France. + + LORD RUSSELL--It was to the same point. + + ATTORNEY-GENERAL--To the general point, the lopping point. + + LORD RUSSELL--I can prove I was out of town when one of these + meetings was; but Mr. Sheppard cannot recollect the day, for I + was out of town all that time. I never was but once at Mr. + Sheppard's and there was nothing undertaken of viewing the + guards while I was there. Col. Rumsey, can you swear + positively, that I heard the message, and gave any answer to + it? + + LORD CHIEF-JUSTICE (to Col. Rumsey)--Sir, did my lord Russell + hear you when you delivered the message to the company? Were + they at the table, or where were they? + + COLONEL RUMSEY--When I came in they were standing at the + fireside; but they all came from the fireside to hear what I + said. + + LORD RUSSELL--Col. Rumsey was there when I came in. + + COLONEL RUMSEY--No, my lord. The duke of Monmouth and my lord + Russell went away together; and my lord Grey, and sir Thomas + Armstrong. + + LORD RUSSELL--The duke of Monmouth and I came together, and you + were standing at the chimney when I came in; you were there + before me. My lord Howard hath made a long narrative here of + what he knew. I do not know when he made it, or when he did + recollect anything; 'tis but very lately, that he did declare + and protest to several people, that he knew nothing against me, + nor of any Plot I could in the least be questioned for. + + LORD CHIEF-JUSTICE--If you will have any witnesses called to + that, you shall, my lord. + + LORD RUSSELL--My lord Anglesey, and Mr. Edward Howard. + + My lord Anglesey stood up. + + LORD CHIEF-JUSTICE--My lord Russell, what do you ask my lord + Anglesey? + + LORD RUSSELL--To declare what my lord Howard told him about me, + since I was confined. + + LORD ANGLESEY--My lord, I chanced to be in town the last week; + and hearing my lord of Bedford was in some distress and trouble + concerning the affliction of his son, I went to give him a + visit, being my old acquaintance, of some 53 years' standing, I + believe; for my lord and I were bred together at Maudlin + College in Oxon; I had not been there but a very little while, + and was ready to go away again, after I had done the good + office I came about; but my lord Howard came in, I don't know + whether he be here. + + LORD HOWARD--Yes, here I am to serve your lordship. + + LORD ANGLESEY--And sat down on the other side of my lord of + Bedford, and he began to comfort my lord; and the arguments he + used for his comfort, were, my lord, you are happy in having a + wise son, and a worthy person, one that can never sure be in + such a Plot as this, or suspected for it, and that may give + your lordship reason to expect a very good issue concerning + him. I know nothing against him, or any body else, of such a + barbarous design, and therefore your lordship may be comforted + in it. I did not hear this only from my lord Howard's mouth, + but at my own home on the Monday after, for I used to go to + Totteridge for fresh air; I went down on Saturday, this + happened to be on Friday (my lord being here, I am glad, for he + cannot forget this discourse); and when I came to town on + Monday I understood that my lord Howard upon that very Sunday + had been church with my lady Chaworth. My lady has a chaplain + it seems that preaches there and does the offices of the + church; but my lady came to me in the evening. This I have from + my lady---- + + LORD CHIEF-JUSTICE--My lord, what you have from my lady is no + kind of evidence at all. + + LORD ANGLESEY--I don't know what my lord is, I am acquainted + with none of the evidence, nor what hath been done; But my lady + Chaworth came to me, and acquainted me there was some + suspicion---- + + JEFFREYS--I don't think it fit for me to interrupt a person of + your honour, my lord, but your lordship knows in what place we + stand here: What you can say of anything you heard of my lord + Howard, we are willing to hear, but the other is not evidence. + As the court will not let us offer hearsays, so neither must we + that are for the king permit it. + + LORD ANGLESEY--I have told you what happened in my hearing. + +_Mr. Howard_ was then called, and after describing steps he took to +prevail on Lord Howard to come over to the King's side, when 'I +sometimes found my lord very forward and sometimes softened him'; and +continuing-- + + LORD CHIEF-JUSTICE--Pray apply yourself to the matter you are + called for. + + MR. HOWARD--This it may be is to the matter, when you have + heard me: for I think I know where I am, and what I am to say. + + LORD CHIEF-JUSTICE--We must desire you not to go on thus. + + MR. HOWARD--I must satisfy the world, as well as I can, as to + myself, and my family, and pray do not interrupt me. After + this, my lord, there never passed a day for almost---- + + LORD CHIEF-JUSTICE--Pray speak to this matter. + + HOWARD--Sir, I am coming to it. + + LORD CHIEF-JUSTICE--Pray, Sir, be directed by the Court. + + HOWARD--Then now, sir, I will come to the thing. Upon this + ground I had of my lord's kindness, I applied myself to my lord + in this present issue, on the breaking out of this Plot. My + lord, I thought certainly, as near as I could discern him (for + he took it upon his honour, his faith, and as much as if he had + taken an oath before a magistrate), that he knew nothing of any + man concerned in this business, and particularly of my lord + Russell, whom he vindicated with all the honour in the world. + My lord, it is true, was afraid of his own person, and as a + friend and a relation I concealed him in my own house, and I + did not think it was for such a conspiracy, but I thought he + was unwilling to go to the Tower for nothing again;[23] so + that if my lord has the same soul on Monday, that he had on + Sunday, this cannot be true, that he swears against my lord + Russell. + + LORD RUSSELL--Call Dr. Burnet.[24] + + LORD RUSSELL--Pray, Dr. Burnet, did you hear anything from my + lord Howard, since the Plot was discovered, concerning me? + + DR. BURNET--My lord Howard was with me the night after the Plot + broke out, and he did then, as he had done before, with hands + and eyes lifted up to heaven, say he knew nothing of any Plot, + nor believed any; and treated it with scorn and contempt. + + LORD HOWARD--My lord, may I speak for myself? + + JEFFREYS--No, no, my lord, we don't call you. + + LORD CHIEF-JUSTICE--Will you please to have any other witnesses + called? + + LORD RUSSELL--There are some persons of quality that I have + been very well acquainted and conversed with. I desire to know + of them, if there was anything in my former carriage to make + them think me like to be guilty of this? My lord Cavendish. + + LORD CAVENDISH--I had the honour to be acquainted with my lord + Russell a long time. I always thought him a man of great + honour, and too prudent and wary a man to be concerned in so + vile and desperate a design as this, and from which he would + receive so little advantage; I can say nothing more, but that + two or three days since the discovery of this plot upon + discourse about Col. Rumsey my lord Russell did express + something, as if he had a very ill opinion of the man, and + therefore it is not likely he would entrust him with such a + secret. + + LORD RUSSELL--Dr. Tillotson.[25] + + LORD CHIEF-JUSTICE--What questions would you ask him, my lord? + + LORD RUSSELL--He and I happened to be very conversant. To know + whether he did ever find anything tending to this in my + discourse. + + LORD CHIEF-JUSTICE--My lord calls you as to his life, and + conversation and reputation. + + DR. TILLOTSON--My lord, I have been many years last past + acquainted with my lord Russell, I always judged him a person + of great virtue and integrity, and by all the conversation and + discourse I ever had with him, I always took him to be a person + very far from any such wicked design he stands charged with. + + LORD RUSSELL--Dr. Burnet, if you please to give some account of + my conversation. + + DR. BURNET--My lord, I have had the honour to be known to my + lord Russell several years, and he hath declared himself with + much confidence to me, and he always upon all occasions + expressed himself against all risings; and when he spoke of + some people would provoke to it, he expressed himself so + determined against that matter that I think no man could do + more. + +_Dr. Thomas Cox_ was then called and said that having seen a great deal +of Lord Russell during the six weeks 'before this plot came out,' he had +always found him against all kind of risings; he expressed distrust of +Rumsey. + + He said, for my lord Howard, he was a man of excellent parts, + of luxuriant parts, but he had the luck not to be much trusted + by any party. + +The _Duke of Somerset_ spoke shortly as to Lord Russell's honour, +loyalty, and justice. + + FOREMAN OF THE JURY--The gentlemen of the jury desire to ask my + lord Howard something upon the point my lord Anglesey + testified, and to know what answer he makes to lord Anglesey. + + LORD CHIEF-BARON--My lord, what say you to it, that you told + his father that he was a discreet man, and he needed not to + fear his engagement in any such thing? + + LORD HOWARD--My lord, if I took it right my lord Anglesey's + testimony did branch itself into two parts, one of his own + knowledge, and the other by hearsay; as to what he said of his + own knowledge, when I waited upon my lord of Bedford, and + endeavoured to comfort him concerning his son, I believe I said + the words my lord Anglesey has given an account of, as near as + I can remember, that I looked upon his lordship as a man of + that honour, that I hoped he might be secure, that he had not + entangled himself in anything of that nature. My lord, I can + hardly be provoked to make my own defence, lest this noble lord + should suffer, so willing I am to serve my lord, who knows I + cannot want affection for him. My lord, I do confess I did say + it; for your lordship well knows under what circumstances we + were: I was at that time to outface the thing, both for myself + and my party, and I did not intend to come into this place, and + act this part. God knows how it is brought upon me, and with + what unwillingness I do sustain it; but my duty to God, the + king, and my country requires it; but I must confess I am very + sorry to carry it on thus far. My lord, I do confess I did say + so, and if I had been to visit my lord Pemberton, I should have + said so. There is none of those that know my lord Russell, but + would speak of my lord Russell, from those topics of honour, + modesty and integrity, his whole life deserves it. And I must + confess that I did frequently say, there was nothing of truth + in this, and I wish this may be for my lord's advantage. My + lord, will you spare me one thing more, because that leans hard + upon my reputation; and if the jury believe that I ought not to + be believed, for I do think the religion of an oath is not tied + to a place, but receives its obligation from the appeal we + therein make to God, and, I think, if I called God and angels + to witness to a falsehood, I ought not to be believed now; but + I will tell you as to that; your lordship knows that every man + that was committed, was committed for a design of murdering the + king; now I did lay hold on that part, for I was to carry my + knife close between the paring and the apple; and I did say + that if I were an enemy to my lord Russell, and to the Duke of + Monmouth, and were called to be a witness, I must have declared + in the presence of God and man, that I did not believe either + of them had any design to murder the king. I have said this, + because I would not walk under the character of a person that + would be perjured at the expense of so noble a person's life, + and my own soul. + +_Lord Clifford_, _Mr. Suton Gore_, _Mr. Spencer_, and _Dr. +Fitz-Williams_ then all gave evidence as to Lord Russell's character in +general terms. + + LORD CHIEF-JUSTICE--My lord, does your lordship call any more + witnesses? + + LORD RUSSELL--No, my lord, I will be very short. I shall + declare to your lordship, that I am one that have always had a + heart sincerely loyal and affectionate to the king, and the + government the best government in the world. I pray as + sincerely for the king's happy and long life as any man alive; + and for me to go about to raise a rebellion, which I looked + upon as so wicked and unpracticable, is unlikely. Besides, if I + had been inclined to it, by all the observation I made in the + country, there was no tendency to it. What some hot-headed + people have done there, is another thing. A rebellion cannot be + made now as it has been in former times; we have few great men. + I was always for the government, I never desired anything to be + redressed, but in a parliamentary and legal way, I have always + been against innovations and all irregularities whatsoever; and + shall be as long as I live, whether it be sooner or later. + Gentlemen, I am now in your hands eternally, my honour, my + life, and all; and I hope the heats and animosities that are + amongst you will not so bias you, as to make you in the least + inclined to find an innocent man guilty. I call to witness + heaven and earth, I never had a design against the king's life, + in my life, nor never shall have. I think there is nothing + proved against me at all. I am in your hands. God direct you. + +The _Solicitor-General_ then proceeds to sum up the case against Lord +Russell. The treason alleged against the prisoner is conspiring the +death of the King; the overt act proving the conspiracy is the +assembling in council to raise arms against the King and raise a +rebellion here. Rumsey was sent by Shaftesbury to Sheppard's house to +ask for news of Trenchard's rising at Taunton; the message was delivered +in Russell's presence and an answer was given as from them all that they +were disappointed there, and were not ready to rise. Monmouth, Grey, and +Armstrong went out to inspect the guards and reported that it was +feasible to surprise them. Russell was present and discussed a rising +with the rest; the rising was to be on the 19th of November. Sheppard +speaks to Ferguson engaging his rooms on behalf of Monmouth; there was +consequently a private meeting there which Russell attended. He confirms +Rumsey as to the inspecting of the guards, and speaks to the reading of +a paper, though he does not say that Russell was there when it was +read. Lord Howard 'gives you an account of many things, and many things +that he tells you are by hearsay. But I cannot but observe to you that +all this hearsay is confirmed by these two positive witnesses.' +Shaftesbury told Howard of the disappointment he had met with from noble +persons who would not join with him; Howard went from Shaftesbury to +Monmouth to expostulate with him; 'and Monmouth said he had always told +him (? Howard or Shaftesbury) he would not engage at that time.' This, +says the Solicitor-General, is confirmed by Rumsey's account of the +delivery of his message. Then follows the abandonment of the rising on +the 19th of November in consequence of the proclamation forbidding the +usual rejoicings on that occasion, and Shaftesbury's departure, leading +to the formation of the committee of six, of whom Lord Russell was one, +and who at one meeting discussed the proper place for the rising and at +another how best to obtain assistance from Scotland. Lord Russell states +that he only came to Sheppard's house by accident, about some other +business, but he came with Monmouth, and Monmouth came by appointment. +Surely this designed and secret meeting must have been intended for the +purposes for which it was used. Lord Russell objects that this evidence +proves no more than a conspiracy to levy war, which is not treason +within 25 Edw. III., and though it is treason within 13 Car. II., that +statute does not apply because the prosecution has not taken place +within six months of the offence. But the case is one of high treason +under 25 Edw. III., because 'to conspire to levy war, is an overt-act +to testify the design of the death of the King'; as to which see Lord +Cobham's case, 1 Jac.[26] A conspiracy to levy war against the king's +person tends to seizing the King, which has always been taken to be +treason. It may be different in the case of a conspiracy to levy war by +such an act as overthrowing all inclosures (which is levying war), which +by construction only is against the King, but such cases are to be +distinguished from the levying of war against the King himself; see the +case of Dr. Story. As was seen in Plunket's[27] case, to invite a +foreign invasion is to conspire the death of the King. Coke, in the +passage before that relied on by Lord Russell, admits that this is the +law. When Coke says that to levy war is not an overt act for compassing +the death of the King (that is, is not evidence of such an intention), +Sir Henry Vane's case shows he is wrong. + + As to the killing of the King, I am apt to think that was below + the honour of the prisoner at the bar ... but this is equal + treason; if they designed only to bring the King into their + power, till he had consented to such things as should be moved + in Parliament, it is equally treason as if they had agreed + directly to assassinate him. + +Lord Howard, it is true, testified repeatedly to Lord Russell's +innocence, but was not this the best way of concealing his own guilt? +Surely Dr. Burnet would look on himself as the last person to whom +conspirators would confess their crimes. + +_Jeffreys_ followed, recapitulating a few of the facts, but adding +nothing to the Solicitor-General's argument. + + LORD CHIEF-JUSTICE--Gentlemen of the jury, the prisoner at the + bar stands indicted before you of High treason in compassing + and designing the death of the king, and declaring of it by + overt-acts endeavouring to raise insurrections, and popular + commotions, in the kingdom here. To this he hath pleaded, Not + Guilty. You have heard the evidence that hath been against him; + it hath been at large repeated by the king's counsel which will + take off a great deal of my trouble in repeating it again. I + know you cannot but take notice of it, and remember it, it + having been stated twice by two of the king's counsel to you; + 'tis long, and you see what the parties here have proved. There + is first of all Col. Rumsey, he does attest a meeting at Mr. + Sheppard's house, and you hear to what purpose he says it was; + the message that he brought, and the return he had; it was to + enquire concerning a rising at Taunton; and that he had in + return to my lord Shaftesbury was, that Mr. Trenchard had + failed them, and my lord must be contented; for it could not be + that time. You hear that he does say, that they did design a + rising; he saith there was a rising designed in November, I + think he saith the seventeenth, upon the day of queen + Elizabeth's birth.[28] You hear he does say there was at that + meeting some discourse concerning inspecting the king's guards, + and seeing how they kept themselves, and whether they might be + surprised, and this he says was all in order to a rising. He + says, that at this my lord Russell was present. Mr. Sheppard + does say, that my lord Russell was there; that he came into + this meeting with the duke of Monmouth and he did go away with + the duke of Monmouth he believes. He says there was some + discourse of a rising or insurrection that was to be procured + within the kingdom: but he does not tell you the particulars of + any thing, he himself does not. My lord Howard afterwards does + come and tell you of a great discourse he had with my lord + Shaftesbury, in order to a rising in the city of London; and my + lord Shaftesbury did value himself mightily upon 10,000 men he + hoped to raise; and a great deal of discourse, he had with my + lord Shaftesbury. This he does by way of inducement to what he + says concerning my lord Russell. + + The evidence against him is some consults that there were by + six of them, who took upon them, as he says, to be a council + for the management of the insurrection, that was to be procured + in this kingdom. He instances in two that were for this + purpose, the one of them at Mr. Hambden's house, the other at + my lord Russell's house. And he tells you at these meetings, + there was some discourse of providing treasure, and of + providing arms; but they came to no result in these things. He + tells you that there was a design to send for some of the + kingdom of Scotland, that might join with them in this thing. + And this is upon the matter, the substance of the evidence, + that hath been at large declared to you by the king's counsel, + and what you have heard. Now gentlemen, I must tell you some + things it lies upon us to direct you in. + + My lord excepts to these witnesses, because they are concerned, + by their own shewing, in this design. If there were any, I did + direct (some of you might hear me) yesterday, that that was no + sufficient exception against a man's being an evidence in the + case of treason, that he himself was concerned in it; they are + the most proper persons to be evidence, none being able to + detect such counsels but them. You have heard my lord Russell's + witnesses that he hath brought concerning them, and concerning + his own integrity and course of life, how it has been sober and + civil, with a great respect to religion, as these gentlemen do + all testify. Now the question before you will be, Whether upon + this whole matter you do believe my lord Russell had any design + upon the king's life, to destroy the king, or take away his + life, for that is the material part here. It is used and given + you (by the king's counsel) as an evidence of this, that he did + conspire to raise an insurrection, and to cause a rising of the + people, to make as it were a rebellion within the nation, and + to surprise the king's guards, which, say they, can have no + other end, but to seize and destroy the king; and 'tis a great + evidence (if my lord Russell did design to seize the king's + guards, and make an insurrection in the kingdom) of a design to + surprise the king's person. It must be left to you upon the + whole matter: you have not evidence in this case as there was + in the other matter that was tried in the morning or + yesterday,[29] against the conspirators to kill the king at the + Rye. There was a direct evidence of a consult to kill the king, + that is not given you in this case: This is an act of + contriving rebellion, and an insurrection within the kingdom, + and to seize his guards, which is urged an evidence, and surely + is in itself an evidence, to seize and destroy the king. + + Upon this whole matter, this is left to you. If you believe the + prisoner at the bar to have conspired the death of the king + and in order to that, to have had these consults, that these + witnesses speak of, then you must find him guilty of this + treason that is laid to his charge. + + Then the Court adjourned till four o'clock in the afternoon, + when the Jury brought the said Lord Russell in guilty of the + said High Treason. + +On July 14th Lord Russell was brought up before the Recorder for +sentence, and, demanding to have the indictment read, pleaded that no +intention to kill the King had been proved. The Recorder, however, +pointed out that the point had already been taken, and that he was bound +by the verdict of the jury. He then condemned the prisoner in the usual +way to be drawn, hanged, and quartered. This sentence was commuted to +beheading, and was carried out on 21st July. + +Lord Russell was accompanied from Newgate to Lincoln's Inn Fields, where +the execution took place, by Tillotson and Burnet. He spoke a few words +on the scaffold, expressing his affection for the Protestant religion, +and denying knowledge of any plot against the King's life, or the +government. He left a paper of considerable interest from a general +point of view justifying his action in relation to the Popish Plot and +the Exclusion Bill. As to his trial, he asserts that he never saw +Sheppard but once, and then there was no undertaking as to seizing the +guards and no one appointed to view them. It may have been discoursed +of then and at other times, but he never consented to it, and once at +Shaftesbury's he strongly protested against it. He had an intention to +try some sherry when he went to Sheppard's; but when he was in town + + the duke of Monmouth came to me and told me he was extremely + glad I had come to town, for my lord Shaftesbury and some hot + men would undo us all, if great care be not taken; and + therefore for God's sake use your endeavours with your friends + to prevent anything of this kind. He told me there would be + company at Mr. Sheppard's that night, and desired me to be at + home in the evening, and he would call me, which he did: And + when I came into the room I saw Mr. Rumsey by the chimney, + although he swears he came in after; and there were things said + by some with much more heat than judgment, which I did + sufficiently disapprove, and yet for these things I stand + condemned. It is, I know, inferred from thence, and was pressed + to me, that I was acquainted with these heats and ill designs, + and did not discover them; but this is but misprision of + treason at most. So I die innocent of the crime I stand + condemned for, and I hope nobody will imagine, that so mean a + thought could enter into me, as to go about to save myself by + accusing others; the part that some have acted lately of that + kind has not been such as to invite me to love life at such a + rate.... I know I said but little at the trial, and I suppose + it looks more like innocence than guilt. I was also advised not + to confess matter of fact plainly, since that must certainly + have brought me within the guilt of misprision[30]. And being + thus restrained from dealing frankly and openly, I chose rather + to say little, than to depart from ingenuity, that by the grace + of God I had carried along with me in the former parts of my + life; so could easier be silent, and leave the whole matter to + the conscience of the jury, than to make the last and solemnest + part of my life so different from the course of it, as the + using little tricks and evasions must have been. + +Lord Russell's attainder was reversed by a private Act of 1 Will. and +Mary on the ground that the jury were not properly returned, that his +lawful challenges to them for want of freehold were refused, and that he +was convicted 'by partial and unjust constructions of the law.' + +FOOTNOTES: + +[1] Sir Francis Pemberton was born 1625, entered Emmanuel College 1640, +entered the Inner Temple 1645, was called 1654, was made a bencher 1671, +a serjeant 1675, and was imprisoned by the House of Commons for an +alleged breach of privilege in the same year. He was made a Judge of the +King's Bench in 1679, and took part as such in several trials connected +with the Popish Plot; he was discharged in 1680, returned to the bar, +and replaced Scroggs as Chief-Justice of the King's Bench in 1681. He +was moved to the Common Pleas in 1683, to allow Sir Edmund Saunders, who +had advised in the proceedings against the City of London, to act as +judge in the case. He was dismissed from his office of judge in the same +year, about five weeks after Lord Russell's trial. Returning to the bar, +he helped to defend the Seven Bishops, but was imprisoned by the +Convention Parliament for a judgment he had given six years before +against Topham, the serjeant-at-arms, who had claimed to be without his +jurisdiction. He bore on the whole a high character for independence and +honesty; and it is curious to learn that he lived to advise the Earl of +Bedford whether Lord Russell's attainder would prevent his son +succeeding to the earldom. + +[2] Sir Robert Sawyer was born in 1633, entered Magdalene College, +Cambridge, in 1648, where he was chamber-fellow with Pepys, joined the +Inner Temple and went the Oxford circuit. He was elected to the House of +Commons for Chipping Wycombe in 1673, and assisted in drafting the +Exclusion Bill. He appeared for the Crown in most of the State Trials of +this period. He afterwards led in the defence of the Seven Bishops, took +part in the Convention Parliament, and was expelled from the House on +account of his conduct in Armstrong's case. He was re-elected and became +Chief-Justice of the King's Bench in 1691, and died in 1692. + +[3] Heneage Finch, first Earl of Aylesford, was born about 1647: he was +educated at Westminster and Christ Church. He entered the Inner Temple, +became Solicitor-General in 1679, being elected to the House of Commons +for the University of Oxford in the same year. He was deprived of office +in 1686, and defended the Seven Bishops. He sat in the House of Commons +in 1685, in all Parliaments from the Convention Parliament (1689) till +he became a peer in 1703, under the title of Baron Guernsey. He was made +Earl of Aylesford on the accession of George I. (1714), and died in +1719. + +[4] See vol. i. p. 240. + +[5] Francis North, Lord Guilford (1637-1685), the third son of the +fourth Lord North, was educated at various Presbyterian schools and St. +John's College, Cambridge. He was called to the bar in 1661, and with +the help of the Attorney-General, Sir Geoffrey Palmer, soon acquired a +large practice. After holding various provincial posts, he became +Solicitor-General in 1671. He entered Parliament in 1673, and became +Attorney-General the same year, becoming Chief-Justice of the Common +Pleas in 1675. He always strongly supported Charles II.'s government, +temporising during the Popish Plot, and being chiefly responsible for +the execution of Colledge. He became Lord Keeper in 1682, and was raised +to the peerage in 1683: but during his tenure of office was much vexed +by intrigues, particularly by the conduct of Jeffreys, who had succeeded +him in the Common Pleas. He is now chiefly remembered on account of the +very diverting and interesting life of him written by his brother Roger. + +[6] Pollexfen. See Note in Alice Lisle's trial, vol. i. p. 241. + +[7] Sir John Holt (1642-1710) was called to the bar in 1663. He appeared +for Danby on his impeachment in 1679, and was assigned to be counsel for +Lords Powys and Arundell of Wardour, who were impeached for +participation in the Popish Plot in 1680, but against whom the +proceedings were stopped after Stafford's conviction. He appeared for +the Crown in several trials preceding that of Lord Russell, and having +expressed an opinion in favour of the Quo Warranto proceedings against +the City of London was appointed Recorder, knighted, and called as a +serjeant in 1685. He was deprived of the recordership after a year on +refusing to pass sentence of death on a deserter, a point which owed its +importance to Charles II.'s attempts to create a standing army; but as +he continued to be a serjeant, he was unable thenceforward to appear +against the Crown. He acted as legal assessor to the Convention called +after the flight of James II., as a member of the House of Commons took +a leading part in the declaration that he had abdicated, and was made +Chief-Justice in 1689. + +[8] This decision and unspecified 'partial and unjust constructions of +law' were the professed ground on which Russell's attainder was +subsequently reversed: see _post_, p. 56. Sir James Stephen (_Hist. +Crim. Law_, vol. i. p. 412) expresses an opinion that the law upon the +subject at the time was 'utterly uncertain.' + +[9] Lord Grey was the eldest son of the second Baron Grey of Werk. He +succeeded his father in 1675: he voted for Stafford's conviction, and +was a zealous exclusionist. He was convicted of debauching his +sister-in-law, Lady Henrietta Berkeley, in 1682, and consequently took +no part in Russell's plot. He was arrested in connection with the Rye +House Plot, but escaped to Holland, whence he returned to take part in +Monmouth's rising. He was captured after Sedgemoor, but his life was +spared on his being heavily fined and compelled to give evidence against +his friends. He left England, but returned with William III., during +whose reign he filled several offices. He was created Earl of +Tankerville in 1695, and died in 1701. + +[10] Lord Howard, the third Lord Howard of Escrick, was born about 1626. +He entered Corpus College, Cambridge. He served in Cromwell's +Life-guards. As a sectary he seems to have favoured the Restoration. He +was committed to the Tower for secret correspondence with Holland in +1674. After succeeding to the peerage he furthered the trial of his +kinsman Stafford. After giving evidence in this trial (see p. 15), he +gave similar evidence against Algernon Sidney, was pardoned, and died in +obscurity at York in 1694. + +[11] The Earl of Essex was the son of the Lord Capel who was one of +Charles I.'s most devoted adherents and lost his life after his vain +defence of Colchester in 1648. The younger Lord Capel was made Earl of +Essex at the Restoration. Though opposed to the Court party by +inclination, he served on various foreign missions, and was +Lord-Lieutenant of Ireland from 1672 to 1677. On his return to England +he associated himself with the Country party, and on Danby's fall was +placed at the head of the Treasury Commission, and thereafter followed +Halifax and Sunderland in looking to the Prince of Orange for ultimate +assistance rather than Shaftesbury, who favoured the Duke of Monmouth. +He left the Treasury in 1679, supported Shaftesbury in 1680 on the +Exclusion Bill, and appeared as a 'petitioner' at Oxford in 1680. He +voted against Stafford. He was arrested as a co-plotter with Russell on +Howard's information, and committed suicide in the Tower on the day of +his trial (see p. 16). + +[12] Algernon Sidney (1622-1683) was the son of the second Earl of +Leicester, and commanded a troop in the regiment raised by his father, +when he was Lord-Lieutenant in Ireland, to put down the Irish rebellion +of 1641. He afterwards came over to England, joined the Parliamentary +forces, and was wounded at Marston Moor. He continued serving in various +capacities, returning for a time to Ireland with his brother, Lord +Lisle, who was Lord-Lieutenant. He was appointed one of the +commissioners to try Charles I., but took no part in the trial. He was +ejected from Parliament in 1653, and adopted a position of hostility to +Cromwell. He remained abroad after the Restoration, though not excepted +from the Act of Indemnity, and lived a philosophic life at Rome and +elsewhere. He tried to promote a rising against Charles in Holland in +1665, and opened negotiations with Louis XIV. during the French war. He +returned to England in 1677 to settle his private affairs, and stayed on +making friends with the leaders of the Opposition, and vainly trying to +obtain a seat in the House of Commons. He quarrelled with Shaftesbury, +who denounced him as a French pensioner (which he probably was), and +seems to have had no connection with his plots. He was arrested on 27th +June, tried by Jeffreys on 7th November, condemned, and executed on 7th +December 1683. + +[13] John Hampden (1656-1696) was the second son of Richard Hampden. +After travelling abroad in his youth he became the intimate friend of +the leaders of the Opposition on his return to England in 1682. He was +arrested with them and tried in 1684, when he was imprisoned on failing +to pay an exorbitant fine. After Monmouth's rising he was tried again +for high treason. As Lord Grey was produced as a second witness against +him, Lord Howard, who had testified before, being the first, he pleaded +guilty, implicating Russell and others by his confession. He was +pardoned, and lived to sit in Parliament after the Revolution; but +falling into obscurity failed to be elected for his native county in +1696, and committed suicide. + +[14] Rumsey had been an officer in Cromwell's army, and had served in +Portugal with distinction. He obtained a post by Shaftesbury's +patronage; and with West, a barrister, was responsible for the Rye House +Plot. According to his own account, he was to kill the King, whilst +Walcot was to lead an attack on the guards. He appeared as a witness in +the trials of Walcot and Algernon Sidney, as well as in the present one. +His last appearance before the public was as a witness against Henry +Cornish, one of the leaders of the opposition of the City to the Court +party, whom he and one Goodenough accused of participation in Russell's +plot, and who was tried and executed in 1685. He had offered to give +evidence against Cornish before, in 1683, but the second witness +necessary to prove treason was not then forthcoming. The unsatisfactory +nature of Rumsey's evidence led to Cornish's property being afterwards +restored to his family, while, according to Burnet, 'the witnesses were +lodged in remote prisons for their lives.' Cornish was arrested, tried +and executed within a week. + +[15] Walcot was an Irish gentleman who had been in Cromwell's army. He +frequented West's chambers, where he met West and Rumsey, who were the +principal witnesses against him. Rumsey's story was that though Walcot +objected to killing the King, he promised to attack the guards. He was +tried and convicted earlier on the same day. + +[16] The following passages seem to give a true account of the measure +of the complicity of Russell and his friends with the Rye House Plot. + +[17] Aaron Smith is first heard of as an obscure plotter in association +with Oates and Speke. He was prosecuted in 1682 for supplying seditious +papers to Colledge, and sentenced to fine and imprisonment. He managed +to escape, however, before sentence was pronounced, and was arrested in +connection with the present trial, when, as nothing could be proved +against him, he was sentenced for his previous offence. After the +Revolution he was appointed solicitor to the Treasury; but failing to +give a good account of various prosecutions which he set on foot, he was +dismissed in 1697. + +[18] Sir John Cochram or Cochrane was the second son of William +Cochrane, created Earl of Dundonald in 1689. He escaped to Holland at +the time of Russell's trial, took part in Argyle's insurrection in 1685, +turned approver, and farmed the poll tax after the Revolution, but was +imprisoned in 1695 on failing to produce proper accounts. + +[19] George Melville was the fourth baron and the first Earl of +Melville. He supported the Royalist cause in Scotland, and tried to +induce a settlement with the Covenanters before the battle of Bothwell +Bridge. He escaped from England after the discovery of the Rye House +Plot, and appeared at the Court of the Prince of Orange. After the +Revolution he held high offices in Scotland till the accession of Anne, +when he was dismissed. He died in 1707. + +[20] West was a barrister at whose chambers in the Temple Rumsey, +Ferguson, and other plotters used to meet, and it was alleged that the +Rye House Plot was proposed: said by Burnet to have been 'a witty and +active man, full of talk, and believed to be a determined atheist.' + +[21] As to what is treason under 25 Edward III., see _post_, p. 36. +Under 13 Car. II. c. 1 it is treason, _inter alia_, to devise the +deposition of the King; but the prosecution must be within six months of +the commission of the offence. + +[22] The question was, 'What is included in the expressions "Imagine the +King's death" and "Levying war against the King"?' The Attorney-General +was evidently placing a gloss on them, which was perhaps justified from +a wider point of view than a merely legal one. However that may be, the +same process was continued till it culminated in the theory of +'constructive treason,' according to which it was laid down in 1794 that +a man who intended to depose the King compassed and imagined his death. +The matter was eventually decided in 1795 by a statute which made such +an intent and others of the same kind treason of themselves. See further +Stephen's _History of Criminal Law_, vol. ii. pp. 243-283. + +[23] He had been twice sent to the Tower: once in 1674 in consequence of +the discovery of a secret correspondence with Holland; once in 1681 on a +false charge by Edward Fitzharris of writing the _True Englishman_, a +pamphlet advocating the deposition of Charles II. and the exclusion of +the Duke of York, which was in fact written by Fitzharris, it is +suggested with the purpose of imputing its authorship to the Whigs. It +is no doubt the second of these occasions that is referred to. + +[24] Burnet had at this time retired into private life, having lost the +Court favour which he had gained at an earlier period. He had been an +intimate friend of Stafford, and was living on terms of the closest +intimacy with Essex and Russell at the time of their arrest. After +Russell's execution he left the country, and eventually found his way to +the Hague just before the Revolution, where he performed services for +William and Mary requiring the utmost degree of confidence. He landed at +Torbay with William, soon became Bishop of Salisbury, and until the end +of William's life remained one of his most trusted councillors. He +retained a position of great influence under Anne, and died in 1715. In +relation to his evidence in this case, it is interesting to read in his +history that Russell was privy to a plot for promoting a rebellion in +the country and for bringing in the Scotch. He says further: 'Lord +Russell desired that his counsel might be heard to this point of seizing +the guards; but that was denied unless he would confess the fact, and he +would not do that, because as the witnesses had sworn it, it was false. +He once intended to have related the whole fact just as it was; but his +counsel advised him against it'; in fact Russell admitted that he knew +of a traitorous plot, and did not reveal it. 'He was a man of so much +candour that he spoke little as to the fact; for since he was advised +not to tell the whole truth, he could not speak against that which he +knew to be true, though in some particulars it had been carried beyond +the truth.' See too _post_, p. 55. + +[25] John Tillotson (1630-1694) was the son of a weaver of Sowerby. He +entered Clare Hall in 1647, and became a a fellow of the same college in +1651. He received an early bias against Puritanism from Chillingworth's +_Religion of Protestants_, and his intercourse with Cudworth and others +at Cambridge. He became tutor to the son of Prideaux, Cromwell's +Attorney-General in 1656; he was present at the Savoy Conference in +1661, and remained identified with the Puritans till the passing of the +Act of Uniformity in 1662; afterwards he became curate of Cheshunt in +Hertfordshire and rector of Keddington in Suffolk. In 1664 he was known +as a celebrated preacher, and was appointed preacher in Lincoln's Inn. +In 1678 and 1680 he preached sermons to the House of Commons and the +King respectively, exhorting the former to legislation against Popery, +and pointing out to the latter that whilst Catholics should be +tolerated, they should not be allowed to proselytise. He attended +Russell on the scaffold, and with Burnet was summoned before the Council +on a suspicion of having helped to compose Russell's published speech. +He acquired great influence after the Revolution; and having exercised +the archiepiscopal jurisdiction of the province of Canterbury during +Sancroft's suspension, became himself archbishop in 1691. + +[26] Henry Brooke, the eighth Lord Cobham, after losing Court favour on +the death of Elizabeth, was accused in 1603 of plotting with Aremberg, +the Spanish ambassador, to place Arabella Stuart on the throne, and to +kill the King. His evidence contributed largely to the conviction of Sir +Walter Raleigh of the same treason, and he was tried and convicted the +next day. He was kept in prison till 1617, when he was allowed to go to +Bath on condition that he returned to prison; but he was struck by +paralysis on his way back and died in 1619. See vol. i. pp. 19-57. + +[27] Oliver Plunket (1629-1681) was Roman Catholic bishop of Armagh and +titular primate of Ireland. He attained these positions in 1669; in 1674 +he went into hiding when the position of the Catholics in England drew +attention to their presence in Ireland. He was arrested, on a charge of +complicity with the Popish Plot in 1678, and eventually tried in the +King's Bench for treason in 1681 by Sir Francis Pemberton, when the law +was laid down as stated above. He was convicted, hung, beheaded and +quartered. + +[28] Rumsey says the 19th, Howard the 17th. The 17th was the anniversary +of the Queen's accession. + +[29] Thomas Walcot and William Hone, tried for and convicted of +participation in the Rye House Plot. + +[30] See _ante_, p. 42. + + + + +THE EARL OF WARWICK + + + March 28, 1699. About eleven of the clock the Lords came from + their own house into the court erected in Westminster hall, for + the trials of Edward, earl of Warwick and Holland, and Charles + lord Mohun[31], in the manner following. The lord high + steward's gentleman attendants, two and two. The clerks of the + House of Lords, with two clerks of the crown in the Courts of + Chancery and King's Bench. The masters of Chancery, two and + two. Then the judges. The peers' eldest sons, and peers minors, + two and two. Four serjeants at arms with their maces, two and + two. The yeoman usher of the house. Then the peers, two and + two, beginning with the youngest barons. Then four serjeants at + arms with their maces. Then one of the heralds, attending in + the room of Garter, who by reason of his infirmity, could not + be present. And the gentleman usher of the Black Rod, carrying + the white staff before the lord high steward. Then the lord + chancellor, the lord high steward, of England, alone. + + When the lords were seated on their proper benches, and the + lord high steward on the wool-pack; the two clerks of the crown + in the courts of Chancery and King's Bench, standing before the + clerk's table with their faces towards the state; + + The clerk of the crown in Chancery having his majesty's + commission to the lord high steward in his hands, made three + reverences towards the lord high steward, and the clerk of the + crown in Chancery on his knees presented the commission to the + lord high steward, who delivered it to the clerk of the crown + in the King's bench (then likewise kneeling before his grace) + in order to be opened and read; and then the two clerks of the + crown making three reverences, went down to the table; and the + clerk of the crown in the King's Bench commanded the serjeant + at arms to make proclamation of silence; which he did in this + manner. + + SERJEANT-AT-ARMS--O yes, O yes, O yes, My lord high steward his + grace does straitly charge and command all manner of persons + here present, to keep silence, and hear the king's majesty's + commission to his grace my lord high steward of England + directed, openly read, upon pain of imprisonment. + +Then the lord high steward[32] asked the peers to be pleased to stand +up uncovered, while the King's commission was read. And the peers stood +up, uncovered, and the King's commission was read in Latin, by which it +was set out that the Grand Jury of the County of Middlesex had found a +true bill of murder against the Earl of Warwick and Lord Mohun, which +the peers were commissioned to try. Proclamation that all persons there +present should be uncovered, was then made, and the return of +_certiorari_, bringing the indictment before the House of Lords, was +read in Latin. + +Order was then made that the judges might be covered, and the governor +of the tower was ordered to produce the earl of Warwick; and he was +brought to the bar by the deputy-governor, having the axe carried before +him by the gentleman gaoler, who stood with it at the bar, on the right +hand of the prisoner, turning the edge from him. + +The lord high steward then informed the prisoner that he had been +indicted of murder by the Grand Jury for the county of Middlesex, on +which indictment he would now be tried; and proceeded-- + + Your lordship is called to answer this charge before the whole + body of the house of peers as assembled in parliament. It is a + great misfortune to be accused of so heinous an offence, and it + is an addition to that misfortune, to be brought to answer as a + criminal before such an assembly, in defence of your estate, + your life, and honour. But it ought to be a support to your + mind, sufficient to keep you from sinking under the weight of + such an accusation, that you are to be tried before so noble, + discerning, and equal judges, that nothing but your guilt can + hurt you. No evidence will be received, but what is warranted + by law; no weight will be laid upon that evidence, but what is + agreeable to justice; no advantage will be taken of your + lordship's little experience in proceedings of this nature; nor + will it turn to your prejudice, that you have not the + assistance of counsel in your defence, as to the fact (which + cannot be allowed by law), and their lordships have already + assigned you counsel if any matter of law should arise. + +After a little more to the same effect the indictment was read, first in +Latin, then in English, and the earl of Warwick pleaded Not Guilty. + +The indictment was then opened by Serjeant Wright,[33] to the effect +that the prisoner was accused of murdering Richard Coote on the 30th of +October, by stabbing him, together with Lord Mohun, Richard French, +Roger James, and George Dockwra. + +The _Attorney-General_[34] then opened the case, as follows:-- + + ATTORNEY-GENERAL--May it please your lordships, I am of counsel + in this cause for the king against this noble lord, Edward earl + of Warwick and Holland, the prisoner at the bar, who stands + indicted by the grand jury of the County of Middlesex, has been + arraigned, and is now to be tried before your lordships for the + felonious killing and murdering of Mr. Coote, in the indictment + named; the evidence to make good this charge against this noble + lord, it comes to my turn to open to your lordships. + + My lords, the case, as to the fact, according to my + instructions, is this: Upon Saturday, the 29th of October last, + at night, my lord of Warwick, my lord Mohun, Mr. French, Mr. + Dockwra, and Mr. Coote, the unfortunate gentleman who was + killed, met together at one Locket's who kept the + Greyhound-tavern in the Strand, and there they staid till it + was very late; about twelve of the clock at night, or + thereabouts, a messenger was sent by the company to fetch + another gentleman, Mr. James; and Mr. James coming to them, in + what condition your lordships will be told by the witnesses; + about one of the clock in the morning, on Sunday, the 30th of + October, they all came down out of the room where they had been + so late, to the bar of the house, and there, as the witnesses + will tell your lordships, swords were drawn, and the chairs + were called for, and two chairs which were nearest at hand + came, and two of the company went into those chairs; who they + were, and what past at that time, the witnesses will tell your + lordships; those that got into those chairs came out again, and + more chairs were called for. But I must acquaint your + lordships, that my lord Mohun, when the two gentlemen that went + into the chairs ordered the chairmen to take them up, and carry + them away, spoke to them to stop and go no further, for there + should be no quarreling that night, and that he would send for + the guards and secure them, and after this they came out of the + chairs again; it will appear there were swords drawn amongst + all of them, and some wounds given: more chairs being called + for, and brought, this noble lord that is here at the bar, my + lord of Warwick, my lord Mohun, and the other four gentlemen, + went all into the chairs, and gave the chairmen directions, + whither they should carry them, at leastwise the foremost had + directions given them, and the rest were to follow them; it was + a very dark night, but at last they came all to + Leicester-square; and they were set down a little on this side + the rails of the square, and when the chairmen had set them + down they went away; but immediately some of them heard my + lord of Warwick calling for a chair again, who came towards the + rails, and there they found two of the gentlemen, that had been + carried in some of the other chairs, holding up Mr. Coote + between them, and would have had the chairmen carried him away + to a surgeon's, but they found he was dying, and so would not + meddle with him; afterwards my lord of Warwick and Mr. French + were carried by two of the chairs to Mr. Amy's, the surgeon at + the Bagnio in Long-acre, where Mr. French being wounded, was + taken care of particularly by the recommendation of my lord of + Warwick, and the master of the house was called up, it being + very late; Mr. Coote's sword was brought to that place, but by + whom it was brought we cannot exactly say. While my lord of + Warwick and captain French were there, and my lord of Warwick + had given orders for the denying of himself, and forbid the + opening of the door, there came the other two gentlemen, Mr. + James and Mr. Dockwra, and upon their knocking at the door they + were let in by my lord's order, after he had discovered who + they were, looking through the wicket. Mr. James had his sword + drawn, but it was broken. My lord of Warwick's hand was + slightly wounded, and his sword bloody up to the hilt when he + came in, as will be proved by the testimony of the servants in + the House. There was a discourse between my lord, Mr. James and + Mr. Dockwra, about going into the country; but before they + went, the swords were all called for to be brought to them, and + upon enquiry, there was no blood found upon Mr. French's sword, + but a great deal upon my lord of Warwick's, of which great + notice was taken at that time. Mr. Coote, who was killed, had + received one wound in the left side of his breast, half an + inch wide, and five deep, near the collar bone; he had likewise + another wound upon the left side of his body; both which your + lordships will hear, in the judgment of the surgeon, were + mortal wounds, and the evidence will declare the nature of + them. + + My lords, the evidence does chiefly consist of, and depend on + circumstances, the fact being done in the night, and none but + the parties concerned being present at it; we shall lay the + evidence before your lordships, as it is, for your judgment, + and call what witnesses we have on behalf of the king, against + this noble peer the prisoner at the bar, and take up your + lordships' time no further in opening; and we shall begin with + Samuel Cawthorne; he is a drawer at the tavern where those + lords and gentlemen were together, and he will give you an + account of the time they came there, how long they staid, what + happened in the house during their being there, and what time + they went away. + + LORD HIGH STEWARD--Give him his oath. (Which the clerk did.) + + ATTORNEY-GENERAL--My lords, I doubt the witness is so far off, + that it will be difficult for him to hear the questions that we + are to ask him, unless we could have him nearer to us. + + LORD HIGH STEWARD--Mr. Attorney, my lords seem to be of opinion + that it will be more for your advantage and theirs that the + witnesses stand at the distance they do; which will oblige you + to raise your voice so loud, that they may hear the witnesses + and you too. + + ATTORNEY-GENERAL--Is your name Samuel Cawthorne? + + CAWTHORNE--Yes, my lord. + + ATTORNEY-GENERAL--Where do you live? + + CAWTHORNE--With Mr. Locket at Charing-cross. + + ATTORNEY-GENERAL--Did you live with him at the Greyhound tavern + in the Strand the latter end of October last? + + CAWTHORNE--Yes, I did. + + ATTORNEY-GENERAL--Well, pray will you acquaint my lords with + the time when my lord of Warwick, my lord Mohun, and Mr. Coote + were at that house, how long they stayed, what happened while + they were there, and when they went away? + + CAWTHORNE--It was Saturday night, the 29th of October last. + + ATTORNEY-GENERAL--Pray tell my lords the whole of your + knowledge in the matter. + + CAWTHORNE--There came my lord of Warwick, my lord Mohun, + captain Coote, capt. French, and captain Dockwra, the 29th of + October last, in the evening, to my master's house at the + Greyhound tavern in the Strand. + + ATTORNEY-GENERAL--How long were they there, and what time of + night came they in? + + CAWTHORNE--About 8 o'clock at night, my lord Warwick, my lord + Mohun, capt. French, and capt. Coote, came in. + + ATTORNEY-GENERAL--What day do you say it was? + + CAWTHORNE--Saturday, the 29th of October last. + + ATTORNEY-GENERAL--How long did they continue there? + + CAWTHORNE--It was between one and two the next morning before + they went away. + + ATTORNEY-GENERAL--Was any body sent for to come to them there? + + CAWTHORNE--Yes, Mr. James. + + ATTORNEY-GENERAL--What time was that? + + CAWTHORNE--About twelve of the clock. + + ATTORNEY-GENERAL--Did he stay with them till they went away? + + CAWTHORNE--Yes. + + ATTORNEY-GENERAL--What did you observe pass in the company + while they were there? + + CAWTHORNE--I did not observe any thing of quarrel, not so much + as an angry word amongst them, till they came down to the bar + and were going away; when they came down to the bar they + ordered me to call them chairs, or coaches; and there were no + coaches to be had, and so I went for chairs, and two chairs + came; for the porter that went to call the coaches was a great + while before he came back; and, as I said, I going for chairs, + there came two; but that they said was not enough; so more + chairs were called for, and at length there were more chairs + gotten; in the first three chairs, my lord of Warwick, my lord + Mohun, and captain Coote went away in; and my lord Warwick and + my lord Mohun bid the chairmen carry them home. + + ATTORNEY-GENERAL--Were there then any other chairs at the door? + + CAWTHORNE--There were two more chairs at the door, and another + was called for. + + ATTORNEY-GENERAL--Did you hear any directions given where they + should carry them? + + CAWTHORNE--My lord Warwick and my lord Mohun bid them carry + them home. + + ATTORNEY-GENERAL--Did you hear my lord Warwick or my lord Mohun + particularly, and which, say whither they would be carried? + + CAWTHORNE--I did hear my lord Mohun say, captain Coote should + go and lie with him, or he would go and lie with capt. Coote + that night, for there should be no quarrelling. + + ATTORNEY-GENERAL--Did they upon that go away? + + CAWTHORNE--Mr. French and Mr. Coote were in chairs before my + lord Mohun or my lord Warwick, or any of the rest. + + ATTORNEY-GENERAL--What then happened upon their going into the + chairs? + + CAWTHORNE--My lord Mohun came out to them and swore there + should be no quarrel that night, but he would send for the + guards and secure them. + + ATTORNEY-GENERAL--What happened then? + + CAWTHORNE--Upon that, both of them came out of their chairs and + came into the house, and there they came to the bar three of + them in the passage by the bar, and three of them behind that + passage. + + ATTORNEY-GENERAL--Pray, will you tell what did really pass + throughout the whole transaction? What was done after they came + in again into the house? + + CAWTHORNE--After that, I was bid to call for six chairs, if I + could get no coaches, and so I did; and when I had brought what + chairs I could get, and returned to the bar I heard the swords + clash; when the swords were drawn I cannot say, nor by whom, it + might be by all the six, for aught I know, because I was in the + street to call the chairs, and when I came back to the house, I + was in hopes all had been quieted, for their swords were + putting up: and when they went away in the chairs, I did hope + they went away friendly. + + ATTORNEY-GENERAL--Pray, how did they go away? who went + together? + + CAWTHORNE--My lord of Warwick, my lord Mohun, and captain + Coote went in the first three chairs, them three together, and + bid the chairmen go home; the sixth chair was not then come. + + ATTORNEY-GENERAL--When that chair came, pray what directions + were given to it? + + CAWTHORNE--I did not hear them give the chairmen any directions + at all. + + ATTORNEY-GENERAL--Do you know any thing more that was done + after this time? + + CAWTHORNE--No, my lord, not after they went away; after I + returned with the chairs, it was in two minutes' time that they + went away. + + ATTORNEY-GENERAL--My lords, I suppose he knows no more of the + matter. + + LORD HIGH STEWARD--Will you then ask him no more questions, Mr. + Attorney? + + ATTORNEY-GENERAL--No, my lords, unless this noble lord shall + ask him any questions, upon which we shall have occasion to + examine him. + + LORD HIGH STEWARD--My lord, has your lordship any questions to + ask this witness? For now is your time, the king's counsel + having done examining him. + + EARL OF WARWICK--I desire to ask him, whether I did not bid the + chairmen go home? + + LORD HIGH STEWARD--If your lordship please to propose your + question to me, I will require an answer to it from the + witness, and it will be the better heard by my lords. + + EARL OF WARWICK--My lord, I desire to know of this man, + whether, when I went away in the chair from his master's house + I did not bid the chairmen go home? + + LORD HIGH STEWARD--Witness, you hear my lord's question, what + say you to it? + + CAWTHORNE--Yes; my lord of Warwick did bid the chairmen go + home. + + EARL OF WARWICK--My lord, I have another question to ask him. + Whether he knows of any quarrel there was between me and Mr. + Coote at that time, or any other time; because we both used to + frequent that house? + + CAWTHORNE--No, my lords, I never heard any angry words between + my lord Warwick and Mr. Coote in my life. + + [Then the lords towards the upper end of the House complaining + that they did not hear his Grace, the Lord High Steward was + pleased to repeat the question thus:] + + LORD HIGH STEWARD--When my lord of Warwick bid the chairmen go + home, or at any other time, did you observe that there had been + any quarrel between his lordship and Mr. Coote? + + EARL OF WARWICK--My lord, I desire he may be asked, since we + both used that house, Whether that night, when I went away, or + before or after, I had any quarrel with Mr. Coote? + + LORD HIGH STEWARD--The question my lord desires you, that are + the witness, to answer, is, Whether you did hear any + quarrelling or angry words to pass between my lord Warwick and + Mr. Coote that night before or after they came down, or when + they went away, or at any other time? + + CAWTHORNE--No, my lord, I never heard any angry words pass + between them then, nor ever at any time before in all my life, + but I always looked upon them to be very good friends. + + EARL OF WARWICK--I desire he may be asked, Whether Mr. Coote + did not come to that house in my company, and whether he did + not frequently come to that house? + + CAWTHORNE--Yes; they used to be there every day almost, and + they came that night together in company. + + EARL OF WARWICK--I desire he may be asked, whether I have not + been frequently in his company there? + + CAWTHORNE--Yes; I say very frequently, every day almost, + sometimes twice a-day. + + LORD HIGH STEWARD--Would your lordship ask him any other + question? + + EARL OF WARWICK--My lord, I desire he may be asked this + question, whether he knows of any particular kindness between + Mr. Coote and me? + + LORD HIGH STEWARD--Do you know of any particular kindness + between my lord Warwick and Mr. Coote, the gentleman that was + killed? + + CAWTHORNE--Yes, my lord, there was always a great kindness + between them, as I observed: it ever was so, and I never heard + angry words pass between them, but they were very good friends + constantly; I waited upon them generally when they were at my + master's house, which was every day almost. + + EARL OF WARWICK--I desire to know of this witness, whether he + does not remember, or can name, some particular kindnesses that + passed between Mr. Coote and me? + + LORD HIGH STEWARD--Can you specify any particular instances of + kindness that passed between my lord Warwick and Mr. Coote? + + CAWTHORNE--Yes; my lord of Warwick used generally to pay the + reckoning for Mr. Coote, and he did so at this time. + + EARL OF WARWICK--My lord, I desire he may be asked, between + whom he apprehended the quarrel to be at this time? + + LORD HIGH STEWARD--You say, friend, there were swords drawn and + a quarrelling at the bar; can you tell between whom the quarrel + was? + + CAWTHORNE--My lord Warwick, my lord Mohun, and capt. Coote, + were all on one side, and the other three were on the other + side. + + EARL OF WARWICK--Who were the two persons that it was + apprehended the quarrel was between? I desire he may be asked. + + LORD HIGH STEWARD--You say, there were three on the one side, + and three on the other; pray, between whom did you apprehend + the quarrel to be? + + CAWTHORNE--I believe the quarrel was between Mr. Coote and Mr. + French. + + EARL OF WARWICK--My lord, I desire to know of this witness, + what words he heard Mr. Coote say after he and Mr. French + returned into the house and came out of the chairs. + + LORD HIGH STEWARD--What do you say to the question my lord + proposes? + + CAWTHORNE--I heard Mr. Coote say, he would laugh when he + pleased, and he would frown when he pleased, God damn him. + + EARL OF WARWICK--My lord, I desire to know, who he thinks those + words were addressed to? + + LORD HIGH STEWARD--To whom did Mr. Coote speak these words? + + CAWTHORNE--Whether he spoke them particularly to Mr. French or + to the other two gentlemen who were on the other side of the + bar, I cannot directly tell. + + EARL OF WARWICK--I desire to know of him, whether Mr. Coote was + not one of the three that was on the outside of the bar? + + CAWTHORNE--Yes, my lord of Warwick, my lord Mohun, and capt. + Coote, were of the outside of the bar. + + EARL OF WARWICK--Was capt. Coote with me in the beginning of + the night at that house? + + CAWTHORNE--Yes, he came at the beginning of the night with my + lord of Warwick. + + EARL OF PETERBOROUGH--My lords, I desire to ask this witness + one question. + + LORD HIGH STEWARD--I think it is proper, my lords, in point of + method, to let both sides have done before any questions be + asked by any of my noble lords. + + EARL OF PETERBOROUGH--I did apprehend my lord of Warwick had + done. + + LORD HIGH STEWARD--No, my lord, not as yet; pray, my lord of + Warwick, what other questions has your lordship to ask of this + witness? + + EARL OF WARWICK--My lord, I desire he may be asked particularly + this question, whether he perceived any quarrel particularly + between me and capt. Coote when we went out of the house? + + LORD HIGH STEWARD--You hear the question, did you perceive any + quarrel between my lord Warwick and Mr. Coote before they went + out of the house? + + CAWTHORNE--No, I did not; nor ever saw any quarrel between them + in my life. + + EARL OF WARWICK--I desire to know who paid the reckoning that + night? + + CAWTHORNE--The reckoning was called for before I came in to + take it; and though I think my lord of Warwick paid for Mr. + Coote, yet I cannot so directly tell, because it was collected + before I came into the room to receive it. + + LORD HIGH STEWARD--My lord, have you any thing more to ask this + witness? + + EARL OF WARWICK--No, my lord, at present, that I think of. + + LORD HIGH STEWARD--My lord Peterborough, your lordship desired + to ask a question, will you please to propose it now? + +The Earl of Peterborough reminded the witness that he had said that +there were two sides, and that Coote and Lord Warwick were on the same +side. He asked what Cawthorne meant by this, and he explained that all +six had their swords drawn; that Mohun, Warwick, and Coote were on one +side of the bar, and the three captains, James, French, and Dockwra on +the other: the cause of quarrel must have occurred above stairs, but he +heard nothing pass between them. + + LORD HIGH STEWARD--But you have not given a satisfactory answer + to that question which the noble lord, my lord Peterborough, + asked you, What reason you had to apprehend that the noble lord + the prisoner at the bar, and capt. Coote were of a side? + + CAWTHORNE--My lord Mohun came to the chairside, when capt. + Coote and capt. French were got into the two first chairs, and + told capt. Coote, that there should be no quarrel that night + but that they three, my lord Warwick, my lord Mohun, and he, + should go home together; and I took them three to be of a side, + because they were on the outside of the bar together; and when + they all went away, their three chairs went away first, all + three together. + + LORD HIGH STEWARD--Is that all the reason you can give why you + say, they were three and three of a side? + + CAWTHORNE--Yes, my lord, I did apprehend it so. + + ATTORNEY-GENERAL--If my noble lords have done with their + questions I desire to ask this witness another question; my + lords, I think this person says, that there was a quarrel at + the bar of the house, and swords drawn, and as he apprehended, + three were on the one side, and three on the other; but if I + take him right, I do not see that he has given your lordships + any manner of satisfaction, what reason he had to apprehend + there were three and three of a side; or, which will be very + material in this case, if your lordships can get to the + knowledge of it, which three were on the one side, and which + three were on the other; or indeed, whether there were three + and three of a side, as your lordships will have reason + by-and-bye to enquire a little further into that matter. My + lords, I desire he may be asked this plain question, What words + or other passages he did perceive, that made him apprehend + there was a quarrel between them, and they were three and three + of a side? + + CAWTHORNE--I apprehended it from the words that Mr. Coote said, + That he would laugh when he pleased, and frown when he pleased. + + ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked, who + those words were spoken to, and who they were applied to? + + CAWTHORNE--They were spoke to Mr. James, Mr. French, and Mr. + Dockwra, who were within side of the bar. + + ATTORNEY-GENERAL--Did he apply those words to all those + particular persons? + + CAWTHORNE--Yes, as I thought, for they three were within the + bar; my lord Warwick, my lord Mohun, and Mr. Coote, were + without the bar. + + ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked this + question. Was that before the swords were drawn, or afterwards? + + CAWTHORNE--It was before. + + ATTORNEY-GENERAL--Then I desire he may be asked, whether the + swords were drawn upon those words? + + CAWTHORNE--No, my lord; the time of drawing the swords was when + I went out to call chairs and coaches; and I know not who drew + the swords first, or when they were drawn; but when I came back + I found them all drawn, and I heard them clashing. + + ATTORNEY-GENERAL--Upon the oath you have taken, was those words + that you speak of Mr. Coote's that he would laugh when he + pleased, and frown when he pleased, before the swords were + drawn, or after the swords were drawn? + + CAWTHORNE--Before the swords were drawn; for I did not see the + swords drawn till I came back. + +In answer to Lord Wharton, the witness said that Mohun and Warwick had +threatened to send for a file of musketeers, and Mohun had done all he +could to pacify the quarrellers, and he 'particularly had his finger +pricked with endeavouring to cross their swords, and keeping them from +fighting; which was all he got from it.' His hand was bloody; but the +witness did not see him hurt, as he was outside at the time. He +received their reckoning just before they came down to the bar and +stayed there two or three minutes afterwards. It was after Coote came +out of his chair that he heard him speak the words he had deposed to; no +reply was made to them. Mohun, Warwick, and James had all tried to stop +the quarrel and threatened to send for the guard; this was before the +swords were drawn downstairs. + + ATTORNEY-GENERAL--Pray, my lord, let him be asked this + question, Was it after they were three on the one side, and + three on the other, that my lord Mohun and my lord Warwick + spoke those words? + + CAWTHORNE--I apprehend the words were spoke by Mr. Coote, That + he would laugh when he pleased, and frown when he pleased, + before the swords were drawn. + + LORD HIGH STEWARD--But that which my lords desire to know is, + What the time was when my lord Warwick and my lord Mohun + declared their desire to part them and make them friends; + whether before or after the swords drawn? + + CAWTHORNE--Before and after; for I was absent when the swords + were drawn. + + EARL RIVERS--He says, that after my lord Mohun and my lord + Warwick threatened to send for the musqueteers, they promised + to be quiet. I desire to know who he means by they? + + CAWTHORNE--Mr. James called to me, and said, I need not go and + call for the guards, for the quarrel was over. There is one + thing more that I forgot, my lord: After my lord Mohun and my + lord Warwick were gone away in their chairs, and Mr. Coote, I + heard Mr. Dockwra say to capt. James and capt. French, they did + not care a farthing for them, they would fight them at any + time. + + LORD HIGH STEWARD--Who were together then? + + CAWTHORNE--Capt. James, Mr. French, and Mr. Dockwra, after my + lord Mohun and my lord Warwick were gone with capt. Coote. + + LORD HIGH STEWARD--Then Mr. French was with them? Mr. Dockwra + said so? + + CAWTHORNE--Yes, my lord. + + LORD WHARTON--If I apprehend him aright, as to what he says + now, my lord of Warwick, my lord Mohun, and capt. Coote, were + gone away at that time. + + CAWTHORNE--Yes, they were gone away in the three first chairs, + which my lord Mohun bid go home. + + LORD WHARTON--Who does he say spoke those words? + + LORD HIGH STEWARD--You hear my noble lord's question, who spoke + those words? Repeat them again. + + CAWTHORNE--When my lord Warwick, my lord Mohun, and capt. + Coote, were gone, I heard Mr. Dockwra say to Mr. French and Mr. + James, We don't care a farthing for them, we will fight them at + any time. + + ATTORNEY-GENERAL--I desire to know, whether this witness + testified any thing of this matter when he was examined before + the coroner? + + CAWTHORNE--No; I forgot those words when I was examined before + the coroner. + + ATTORNEY-GENERAL--How soon after your examination did you + recollect yourself as to what you now speak? + + CAWTHORNE--The next day after. + +He had not mentioned the words he now said were spoken by Dockwra either +at the inquest or at the trial at the Old Bailey. + + +_Thomas Browne was sworn._ + + LORD HIGH STEWARD--What question do you ask this witness, Mr. + Attorney? + + ATTORNEY-GENERAL--That he would acquaint your lordships, + whether he carried Mr. Richard Coote, the person that was + slain, upon the 29th or 30th of October, from the Greyhound + tavern in the Strand, and to what place he carried him? + + LORD HIGH STEWARD--You hear the question; pray speak so loud + that my lords may all hear what you say. + + BROWNE--My Lords, I was between the hours of one and two in the + morning, on Sunday the 30th of October last, with my fellows + and our chair, at the Buffler's Head Tavern at Charing-cross, + and I heard some people at Locket's, at the Greyhound in the + Strand, calling coach coach, a pretty while; but there were no + coaches in the street, nor that came to them; when they could + not get coaches then they called out for chairs; and we coming + to the door with our chair, there were four other chairs there, + and six gentlemen stood in the passage; and then it was said, + there was not chairs enough, and there wanted one more, and + they stood discoursing; and the first man came into my chair, + who was capt. Coote, and my lord of Warwick he got into + another; When the door of the chair was shut up, we asked + whither we should go; but my lord Mohun came and bid open the + chair again; and we did so, and he returned into the house, and + there was some discourse between them standing at the bar in + the entry. Mr. Coote came out again and came into my chair, and + my lord Mohun and my lord of Warwick went into two others; Mr. + Coote bid me carry him into Leicester fields, and to make all + the haste I could; my lord of Warwick and my lord Mohun being + in the next chairs, asked him, Whither are you a-going, and + called out twice, and he said, To Leicester fields; pray do + not, says my lord of Warwick, but come along with us, and let + it alone till to-morrow; but he bid us go on; and as we were + turning up St. Martin's Lane, by the Cross Keys tavern, my lord + Mohun, and my lord Warwick called out to us to stop, and their + chairs came up to the back door of the Cross Keys tavern, and + there all the three chairs were set on a-breast in St. Martin's + Lane, and while they were talking together, there came by three + chairs on the other side of the way; and Mr. Coote bid us take + up and make all the haste we could to get before them into + Leicester fields, so taking up the chair again, Mr. Coote bid + us make haste, and if we could go no faster, he swore, damn + him, he would run his sword in one of our bodies: There were + two chairs before me, and my lord Mohun and my lord Warwick + followed in two chairs after me; and when we came to the corner + of Leicester fields, at Green street end, all the three chairs + were set down a-breast again, and Mr. Coote put his hand in his + pocket, and took out half a guinea to pay, and said he had no + silver; and my lord of Warwick spoke to my lord Mohun, who + took out three shillings out of his pocket, who said, there was + for my lord Warwick, captain Coote, and himself; and when they + were gone out, I took my box and my pipe, and filled my pipe, + and took the lanthorn and lighted it, and by that time I had + lighted my pipe, I heard a calling out, Chair, chair, again, + towards the upper end of the square; so I took my chair, and + there was one of the chairs that was not gone; and so we came + up to the upper end of the fields, and they called to us to + bring the chairs over the rails; we told them we did not know + how to do that, for we should not be able to get them back + again; at last we did get over the rails, and made up close to + the place where we heard the noise, for we could see nothing, + it being a very dark night; and when we came up close to them, + by our lanthorn there were two gentlemen holding up Mr. Coote + under their arms, and crying out, My dear Coote, My dear Coote! + + ATTORNEY-GENERAL--Pray, who were those two gentlemen? + + BROWNE--I did not know them, one was in red cloaths, and the + other had gold lace, and they would have had me have taken Mr. + Coote into my chair; but seeing him bloody, and not able to + help himself, I said I would not spoil my chair, and so would + not meddle with him; but they said they would make me any + satisfaction for my chair, and desired me to take him in; but + he gave himself a spring from them, and we found he was too + heavy for us to lift over the rails, and all we could do could + not make him sit in the chair, but the chair was broken with + endeavouring to place him there; and they said if we would + carry him to a surgeon's, they would give us L100 security; + but we finding it impossible, the watch was called for, but + nobody would come near, for they said it was out of their ward, + and so they would not come anigh me; and I staid about half an + hour with my chair broken, and afterwards I was laid hold upon, + both I and my partner, and we were kept till next night eleven + a-clock; and that is all the satisfaction that I have had for + my chair and every thing. + + ATTORNEY-GENERAL--Pray, my lord, I desire he may recollect + himself; for we do apprehend it is very material, who it was + that desired to take Mr. Coote into the chair. + + BROWNE--I cannot tell who they were, it was so very dark I + could only see their cloaths. + + ATTORNEY-GENERAL--Did you see the earl of Warwick there? + + BROWNE--No, Sir, he was not there; one of them, I tell you, had + officers' cloaths on, red lined with blue, and the other had + gold lace on; there was nobody there that held him up but them + two. + + MARQUIS OF NORMANBY--He says he saw two persons holding up Mr. + Coote; it would be very well to have that matter very well + settled, who those two persons were; I desire to know how he is + sure my lord of Warwick was not one of them two? + + BROWNE--I know my lord of Warwick very well, and I am sure he + was neither of the two. + + DUKE OF LEEDS--I would know what light he had to discern it so + well by, that he can be sure my lord of Warwick was not there; + for he says it was a very dark night, and yet he describes the + particular persons that held Mr. Coote up. + + BROWNE--Yes, my lord, I am sure my lord of Warwick was none of + them. + + DUKE OF LEEDS--How could you distinguish in so dark a night, + the colours of people's cloaths? + + BROWNE--With the candle that I had lighted in my lanthorn. + + DUKE OF LEEDS--He could not know any of the persons unless he + held a lanthorn to their faces, or knew them very well before. + + LORD HIGH STEWARD--My lord Warwick, will your lordship ask this + witness any questions? + + EARL OF WARWICK--My lord, I desire he may be asked, Whether I + did not bid him stop at St. Martin's-lane end, and do all that + I could to hinder Mr. Coote from going any further, but to go + home? + + BROWNE--The earl of Warwick, and my lord Mohun, as they turned + up the lane, asked Mr. Coote, whither he was going? And when he + said to Leicester-fields, they desired him to let it alone till + to-morrow; and my lord Mohun said he should go home with him; + but the other bid us go on, and said he would not go to his + lodgings, but that they would make an end of it that night; + still they called to him again, Dear Coote, let us speak a word + with you; and as the chairs came to the back-door of the + Cross-keys tavern, there they stood all of a breast, and they + both of them spoke to him, and stood a pretty while there, and + in the mean time three chairs passed by on the other side; he + commanded us to take up, and carry him away to Leicester-fields + immediately, and overtake the other chairs, or he would run one + of us into the body. + + LORD HIGH STEWARD--Would your lordship ask him any more + questions? + + EARL OF WARWICK--No, my lord. + + ATTORNEY-GENERAL--My lord, I observe, he says they discoursed + some time together while they stopped in St. Martin's-lane; I + desire that he may be asked, Whether he can tell what that + discourse was? + + BROWNE--I could not well hear, they whispered together, but I + could hear my lord Mohun, and my lord of Warwick, desire capt. + Coote to go home, and let the business alone till another time. + + ATTORNEY-GENERAL--I desire he may explain himself, what that + business was that they would have put off till to-morrow. + + BROWNE--I know not what it was; I heard of no anger betwixt + them, but they were as good friends, for anything I know to the + contrary, as ever they were in their lives or as ever I see any + men. + + ATTORNEY-GENERAL--Our next witness is William Crippes. [Who was + sworn.] + + LORD HIGH STEWARD--What do you ask this man, Mr. Attorney? + + ATTORNEY-GENERAL--Pray, will you give my lords here an account + who you carried to Leicester-fields, the 29th or 30th of + October, and what happened in your knowledge at that time? + + CRIPPES--Captain Coote was the first man that went into the + chair when we came to the Greyhound tavern; afterwards he came + out again, and when we took him up the second time, he was the + first man that set out; and he bid us carry him to + Leicester-fields; and when we came to the corner of St. + Martin's-lane, we turned up that way; and my lord of Warwick, + and my lord Mohun, called to us, being in chairs behind, to + know whither we were going, and desired to speak with captain + Coote; and he said he was going to Leicester-fields; and when + they asked, what to do? He said, to end the business: they + desired him to put it off till to-morrow; and while they were + discoursing about it in St. Martin's-lane, there passed by + other three chairs, which, when captain Coote saw, he bid us + take up and overtake them, and go faster, or he would run one + of us into the body: so we went on, and at the lower end of + Leicester-fields we set him down; and the other two gentlemen, + my lord Warwick and my lord Mohun, were there set down, and + went lovingly together, for any thing that I saw, up the + pavement of the square, towards the upper end; and in a little + time we heard a noise of calling for chairs towards the upper + end, and when we came there with the chair, we were bid to lift + over the chair within the rails; and when we said it was hard + to be done, they insisted upon it, and we did come in; and when + we came there we saw two gentlemen holding up captain Coote, + and would have had us taken him into the chair; we saw there + was a great deal of blood, but I never heard how it came, and + they would have had us carried him to a French surgeon's, and + proffered any money. + + ATTORNEY-GENERAL--My lord, I desire to know, who they were that + desired him to be carried to the surgeon? + + LORD HIGH STEWARD--You hear the question, what say you? + + CRIPPES--I cannot tell, my lord; one of them had something of + lace upon him, but it was so dark that I could hardly see my + hand, and therefore I cannot tell who they were; and when there + was an objection made, that the chairs would be spoiled, they + said we need not question our chair, they would give us L100 + security to answer any damages, if we would but carry him; so + we endeavoured to put him into the chair, but could not; and + so we called out to the watch, to have had some help; but they + said it was none of their ward, and so they would not come to + us; so the gentlemen went away, and we left them, and went and + called a surgeon, who, when he came, said, he was a dead man, + and we were secured till the next day. + + ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked, Were + there not other chairs in that place at the time? + + CRIPPES--There was one in the Field besides, and no more that I + could see; they all went away but us two. + + ATTORNEY-GENERAL--What distance of time was there between their + setting down in Leicester-fields, and their calling the chairs + again? + + CRIPPES--Not a quarter of an hour. + + ATTORNEY-GENERAL--What became of the three chairs that passed + by you in St. Martin's-lane? + + CRIPPES--They got before us; but what became of them afterwards + I cannot tell. + + ATTORNEY-GENERAL--Did they come from the same place, the tavern + in the Strand that you were at? + + CRIPPES--Yes, I believe they did, my lord; for capt Coote bid + us follow them, and threatened us if we did not make greater + haste. + + ATTORNEY--GENERAL--Do you know my lord of Warwick? + + CRIPPES--Yes, he had whitish cloaths on; and none but he had + such clothes on as those were. + + LORD HIGH STEWARD--Will your lordship ask this witness any + questions? + + EARL OF WARWICK--My lord, I desire he may be asked, Whether I + did not bid him stop? and, whether I did not say, they should + not go to quarrel that night? + + ATTORNEY-GENERAL--My lord, I desire to know of him, directly + and downright, Whether my lord of Warwick was not one of them + that held him when he was within the rails of the fields? + + CRIPPES--No, he was not; he was neither of them; for the one of + them was too big for him, and the other was too little for my + lord Mohun. + + ATTORNEY-GENERAL--Now we call the chairman that carried the + earl of Warwick into Leicester-fields, James Crattle. + + (He was sworn.) + + ATTORNEY-GENERAL--Will you tell my lords what you know of any + person that you carried the 29th or 30th of October last, from + the Greyhound tavern in the Strand, and who it was, and whither + you carried him? + + CRATTLE--I was going along Charing-cross, between one and two + in the morning, the 30th of October, last, and I heard a chair + called for at Locket's at the Dog tavern; and thither I and my + partner went, and we took up the gentleman, and carried him to + Leicester-fields. + + ATTORNEY-GENERAL--Who was that gentleman? + + CRATTLE--It was my lord of Warwick. + + ATTORNEY-GENERAL--What time of night do you say it was? + + CRATTLE--It was about one or two in the morning. + + ATTORNEY-GENERAL--What day of the week was it? + + CRATTLE--It was Saturday night and Sunday morning. + + ATTORNEY-GENERAL--Whither did you carry him? + + CRATTLE--Into Green-street, towards the lower end of + Leicester-square. + + ATTORNEY-GENERAL--What chairs were there more there? + + CRATTLE--There was one that captain Coote was in, and another + that my lord Mohun was in, and we went away all together. + + ATTORNEY-GENERAL--Were there no other chairs? + + CRATTLE--I did not know who went in the other chairs, but there + were three other chairs that passed by us at St Martin's-lane, + and we followed after them to Leicester-fields. + + ATTORNEY-GENERAL--Pray what became of you after you had set + down your fare? + + CRATTLE--We were discharged and paid; the other three went up + towards my lord of Leicester's; but we were coming away, and in + a little time we heard the noise of calling chairs! chairs! + again, and there were two chairs did come up, Thomas Browne's + and ours; my lord of Warwick called our chair, and we took him + into it, and he bid us carry him to the Bagnio in Long-acre; + and when we came there we knocked at the door, and his hand was + bloody, and he asked us if we had any handkerchief to bind up + his hand. + + ATTORNEY-GENERAL--Was there any other chairs at the door of the + Bagnio, at the same time when you came there? + + CRATTLE--Yes, there was another chair there at the door at the + same time, and we set down both together. + + ATTORNEY-GENERAL--Pray whence came that chair? + + CRATTLE--Indeed, I do not know. + + ATTORNEY-GENERAL--Who were the chairmen that carried that + chair? + + CRATTLE--Indeed, my lord Mohun and my lord Warwick were the + only persons that I knew of all the company. + + ATTORNEY-GENERAL--What sort of gentleman was the other, that + went out of the other chair into the house? + + CRATTLE--He was a pretty tall man; when he was in we went away; + I only can say, I saw my lord of Warwick go into the house. + + ATTORNEY-GENERAL--Did you take any notice of any sword that my + lord of Warwick had in his hand at that time? + + CRATTLE--No; I cannot say I did take any notice of any sword, + only that there was a handkerchief desired. + + ATTORNEY-GENERAL--Pray, did you hear no noise at all in the + field, till you heard chairs called for again? + + CRATTLE--No; I cannot say I heard any noise in the field. + + ATTORNEY-GENERAL--Did you apprehend there was any fighting? + + CRATTLE--No, I knew nothing at all of it; but upon the calling + of chairs again, and my lord Warwick coming along, we took him + in, and he bid us go to the Bagnio, and thither we went. + + ATTORNEY-GENERAL--My lord, we have done with this witness. + + LORD HIGH STEWARD--My lord Warwick, will you ask this witness + any questions? + + EARL OF WARWICK--No, my lord. + +_Gibson_, the other chairman who carried the Earl of Warwick, was then +called, and gave substantially the same evidence as the last witness. + +_Applegate_ carried Lord Mohun to Leicester Fields, and corroborated +the account of the journey thither given by the other witnesses. + + ATTORNEY-GENERAL--What then happened afterwards, can you tell? + + APPLEGATE--I cannot tell whether I had lighted my pipe, or was + just lighting it, when I heard chairs called again; upon which + we run up with our chairs towards the upper end of the fields, + and there I did see my lord of Warwick within the rails, who + bid us put over our chair into the fields; but we told him, if + we did, we could not get it over again; and so we went with our + chair to the corner of the fields; and when we came there, + there came out captain French, who bid us open our chairs, and + let him in, for he did believe he was a dead man; and upon that + we did take him in, and he bid us carry him with all the speed + we could to the Bagnio in Long-acre, and my lord of Warwick got + into another chair behind; so we went to Long-acre; and when we + came to the door of the Bagnio and captain French came out of + the chair, he was so weak that he fell down upon his knees; and + when he came out, I asked who should pay me, and desired to be + discharged; and the earl of Warwick said, Damn ye, call for + your money to-morrow; so they both went in at the Bagnio door + together. + + ATTORNEY-GENERAL--Pray, who called for the chair first, captain + French, or my lord of Warwick, in the fields? + + APPLEGATE--I cannot tell; but when I brought up my chair, I + first saw my lord of Warwick, and he would have had me lifted + the chair over the rails, and I told him we could not get it + over again, and so went up to the upper end of the fields. + + ATTORNEY-GENERAL--If you first spoke with my lord of Warwick, + why did you not carry my lord of Warwick? + + APPLEGATE--Indeed I cannot tell; but I suppose it was because + he did not come so soon out of the fields as captain French, or + did not come the same way. + + ATTORNEY-GENERAL--Pray, do you remember anything that happened + just at their carrying capt. French away? + + APPLEGATE--Before he went into the chair, he stopped and would + have pulled off his cloaths, but we would not let him. + + ATTORNEY-GENERAL--Did you see any sword capt. French had? + + APPLEGATE--I did see no sword that I can say directly was a + sword; but capt. French had something in his hand, but what it + was I cannot tell. + + ATTORNEY-GENERAL--What was it that he said to you, when he + first went into the chair? + + APPLEGATE--He desired to be carried to the Bagnio; for he said + he believed he was a dead man. + + ATTORNEY-GENERAL--Pray friend, recollect yourself, if you heard + him say any thing at all when he first went into the chair at + the Greyhound tavern? + + APPLEGATE--I did not hear him mention any thing at all. + + ATTORNEY-GENERAL--Pray what did you hear my lord of Warwick say + at that time? + + APPLEGATE--Truly, I cannot say I heard him mention any thing at + all neither; but I did hear my lord Mohun say, when he could + not prevail, in St. Martin's-lane, with captain Coote to go + home, that if they did go he would go and see it. + + ATTORNEY-GENERAL--If they did go; who did he mean by they? + + APPLEGATE--My lord Warwick and captain Coote that were in the + other chairs; there was nobody else to speak to. + + ATTORNEY-GENERAL--Was there any talk of fighting or + quarrelling? + + APPLEGATE--No, indeed, I do not know of any difference there + was between them. + + LORD HIGH STEWARD--My lord Warwick, will your lordship ask this + witness any questions? + + EARL OF WARWICK--My lord, I desire he may be asked, Whether I + did not endeavour to put off the going into Leicester-fields, + and to have all things let alone till to-morrow. + + APPLEGATE--My lord, I cannot say any thing of that; but I did + hear my lord Mohun beg heartily of captain Coote to go home, + and let the business alone till another time; and indeed I + think, I never heard a man beg more heartily for an alms at a + door, than he did, that they might not go into the fields then; + but I cannot say that I heard any thing that my lord of Warwick + said about it. + + LORD HIGH STEWARD--Will your lordship ask him any other + questions? + + EARL OF WARWICK--No, my lord. + +Catro, who was the second chairman who carried Lord Mohun's chair, +corroborated Applegate's evidence. Palmer, Jackson, and Edwards were +three chairmen who had helped to carry French, James, and Dockwra to +Leicester Fields; but they had nothing to add to the evidence already +given. + +_Pomfret_ was a servant at the Bagnio in Long Acre. In answer to the +Attorney-General he said:-- + + My lord, on Sunday the 30th of October last, between two and + three in the morning, there came to my master's door the earl + of Warwick, and knocked at the door, and there was capt. French + with him; and when they were let in, my lord of Warwick told me + that capt. French was wounded, and he himself had a wound, and + he desired that my master might be called up for to dress the + wounds; especially, because capt. French was very much wounded; + which accordingly was done in about a quarter of an hour after + they were brought in. + + ATTORNEY-GENERAL--Did he desire to be concealed when he was + come in? + + LORD HIGH STEWARD--Of whom do you speak, Mr. Attorney? + + ATTORNEY-GENERAL--My lord of Warwick. + + POMFRET--He did desire, that if any body asked for him, it + should be said he was not there. + + ATTORNEY-GENERAL--Pray in what condition did my lord of Warwick + seem to be in at that time? + + POMFRET--He seemed to be very much concerned at that time, and + his right hand, in which he had his sword, and which was drawn, + was very much bloody. + + ATTORNEY-GENERAL--Was the sword bloody that he had in his hand? + + POMFRET--The blade was bloody; but whether it was all over + bloody, I cannot tell; there was besides some blood upon the + shell; it was very near all over bloody, as I remember. + + ATTORNEY-GENERAL--Pray, friend, consider what you swore at the + Coroner's Inquest about the blood upon the sword. + + POMFRET--Indeed I cannot say it was bloody all along the blade; + but there was blood upon the shell, and there was blood upon + the inside: it was so, to the best of my remembrance. + + ATTORNEY-GENERAL--What condition was Mr. French's sword in? + + POMFRET--He had a drawn sword in his hand, but I did not + perceive it had any blood upon it; it was a large blade. + + ATTORNEY-GENERAL--How do you know what sort of sword Mr. + French's was, and in what condition it was? + + POMFRET--He desired me to take notice of it next morning, and I + did so; and there was no blood upon it. + + ATTORNEY-GENERAL--How came you to be desired to take notice of + what passed there about the swords? + + POMFRET--My lord, there was three of them the next day, and + one, it was said, was Mr. Coote's, and another of them was my + lord of Warwick's, which I do believe was bloody from the point + upwards, very near; but I cannot directly say but that was + afterwards. + + ATTORNEY-GENERAL--Who brought in that sword that you say was + Mr. Coote's? + + POMFRET--To the best of my remembrance, capt. Dockwra brought + it in; it was almost half an hour after my lord Warwick and + capt. French came in to the house, when they came thither. + + ATTORNEY-GENERAL--They, who do you mean? + + POMFRET--Captain James and he. + + ATTORNEY-GENERAL--Were they let in presently? + + POMFRET--No, my lord of Warwick had desired that they might be + private there; but when they knocked at the door, my lord of + Warwick desired to know who they were; and when it was + understood that they were Mr. James and Mr. Dockwra, they were + let in by my lord's order. + + ATTORNEY-GENERAL--Pray, which of all the four brought in any + sword in a scabbard? + + POMFRET--It was captain Dockwra. + + ATTORNEY-GENERAL--Pray, did they appear to be all of a party? + + POMFRET--They were glad to see one another; and they talked a + pretty while together; but indeed I cannot say I heard what + they talked. + + ATTORNEY-GENERAL--Pray, do you remember my lord of Warwick's + sword, and what there was upon it? + + POMFRET--It was a steel sword, water-gilt, and as near as I can + remember, there was blood upon it for the most part from the + point upward. + + ATTORNEY-GENERAL--And what did appear upon Mr. French's sword? + + POMFRET--There was water and dirt, but there was no blood at + all. + + ATTORNEY-GENERAL--How long did they stay there? + + POMFRET--They all continued about half an hour; and then went + away, all but Mr. French, who staid there. + + ATTORNEY-GENERAL--What then became of the others? + + POMFRET--Mr. James, Mr. Dockwra, and my lord of Warwick went + away; and my lord of Warwick desired particularly, that we + would all take care of Mr. French, for he was his particular + friend; and Mr. French continued there till Sunday about one of + the clock. + + ATTORNEY-GENERAL--Was there any discourse at that time about + Mr. Coote? + + POMFRET--Not that I heard of, one word. + + ATTORNEY-GENERAL--Was there any notice taken of any quarrel + that happened between any body, and who? + + POMFRET--No, indeed, I did not hear them take notice of any + quarrel at all between any body. + + ATTORNEY-GENERAL--You say Mr. French, when he came into your + house, was wounded, and there was care particularly taken of + him because he was wounded. + + POMFRET--Yes; my lord of Warwick desired to take care of him. + + ATTORNEY-GENERAL--Then pray, was there no discourse how he came + to be wounded? + + POMFRET--Indeed I do not know how he came to be wounded; nor + did I hear one word of discourse about it; indeed I cannot say + any thing who wounded him. + + ATTORNEY-GENERAL--Pray will you recollect yourself, and tell my + lords what sort of handle had my lord of Warwick's sword when + you saw it? + + POMFRET--It had a steel handle. + + ATTORNEY-GENERAL--Pray, can you tell whether the shell was open + or close? + + POMFRET--I cannot tell justly; I saw it, and that was all. + + ATTORNEY-GENERAL--If I apprehend you, you say my lord had a + wound in his hand. + + POMFRET--Yes, my lord, he had so. + + ATTORNEY-GENERAL--Pray, in what hand was it that he was + wounded? + + POMFRET--To the best of my remembrance, it was in his right + hand. + + ATTORNEY-GENERAL--Pray, did there appear much blood there? + + POMFRET--Yes, my lord, indeed there did. + + SERJEANT WRIGHT--You talk of Mr. James and Mr. Dockwra's + swords; pray in what condition were they? + + POMFRET--Mr. Dockwra's sword was by his side, and not drawn. + + SERJEANT WRIGHT--What did you observe of captain James's sword? + + POMFRET--His sword was naked, and he had lost his scabbard; but + how that came I cannot tell; and there was dirt on one side of + the sword; and he said he had left his scabbard behind him. + + ATTORNEY-GENERAL--Was there any blood upon his sword? + + POMFRET--No, there was no blood that I did see upon it. + + ATTORNEY-GENERAL--Pray did you see any blood upon Mr. Dockwra's + sword? + + POMFRET--No, indeed, I did not see Mr. Dockwra's sword, it was + in the scabbard by his side. + +Warwick's was 'a pretty broad sword': he did not take notice what length +or breadth the other swords were of; French's sword was not a broad +sword; he saw the swords at about three in the morning. James broke his +sword on the floor after he came in. + +_Goodall_, a servant in the Bagnio, and his wife were called. They spoke +to Warwick coming in with his sword drawn in his hand and bloody; his +hand was wounded. There was blood on the hilt of his sword, which was a +close one. French may have come in with Warwick; James and Dockwra came +in half an hour afterwards. Warwick gave orders that nobody was to be +admitted; but he opened the door for James and Dockwra when they knocked +and he saw who they were. Warwick, James, and Dockwra went away in a +little time, Warwick ordering that particular care should be taken of +French, who was his friend. + +_Henry Amy_, the surgeon who lived at the Bagnio, was called, and said +that he was called up at two in the morning of the 20th of October to +attend the lord Warwick and captain French. The latter was seriously +wounded, the former on the first joint of his fore-finger. While +French's wound was being dressed there was a knocking at the door; +Warwick ordered that nobody should be admitted, but when he found it was +James and Dockwra ordered that they should be let in. They and Warwick +went away in a little time, the latter telling the witness to take +particular care of French. Warwick's sword was very bloody; French +called for his sword the next morning, when the witness saw it, and it +was a little dirty, but not with blood. There was no talk of any +quarrel; the witness asked no questions; he did not then hear anything +about Coote being killed. French's sword was a middle-sized one; it was +not a broad blade. + + LORD HIGH STEWARD--Mr. Attorney, who is your next witness? + + ATTORNEY-GENERAL--Captain Loftus Duckinfield. + + (Who was sworn). + + ATTORNEY-GENERAL--This gentleman will acquaint your lordships + what discourse past between these gentlemen the next day; pray, + Sir, acquaint my lords what you heard about Mr. Coote's death, + and when and where. + + CAPTAIN DUCKINFIELD--Early in the morning I was told of this + accident. + + ATTORNEY-GENERAL--By whom? + + CAPTAIN DUCKINFIELD--One of the company, I cannot tell who, I + think they were all together then, my lord of Warwick, capt. + James, capt. Dockwra, and nobody else. + + ATTORNEY-GENERAL--What was their discourse? + + CAPTAIN DUCKINFIELD--They said, they believed captain Coote was + killed. + + ATTORNEY-GENERAL--Did they tell you by whom? + + CAPTAIN DUCKINFIELD--By Mr. French, every body did say he was + his adversary. + + ATTORNEY-GENERAL--What account was given of the action? + + CAPTAIN DUCKINFIELD--They said it was done in the dark, and + capt. French was his adversary. + + ATTORNEY-GENERAL--Was there any notice taken of any duel? + + CAPTAIN DUCKINFIELD--Yes, there was, between those two, and + the other persons on both sides; and it was said my lord of + Warwick was friend to Mr. Coote, and my lord Mohun. + + ATTORNEY-GENERAL--Who were on the other side? + + CAPTAIN DUCKINFIELD--Mr. Dockwra and Mr. James. + + ATTORNEY-GENERAL--Was there any discourse, who actually fought? + + CAPTAIN DUCKINFIELD--It was said, that capt. French fought with + capt. Coote, as they believed, and Mr. James with my lord of + Warwick. + + ATTORNEY-GENERAL--Did you see my lord of Warwick's sword? + + CAPTAIN DUCKINFIELD--Some time of the day I did; but I cannot + tell whether it was in the morning, or no. + + ATTORNEY-GENERAL--In what condition was it? Was it bloody or + not? + + CAPTAIN DUCKINFIELD--It was a steel sword. + + ATTORNEY-GENERAL--How long did they stay with you? + + CAPTAIN DUCKINFIELD--About half an hour. + + ATTORNEY-GENERAL--Did they come publicly? + + CAPTAIN DUCKINFIELD--We went away in a hackney coach together. + + ATTORNEY-GENERAL--Pray, what discourse was there about + consulting to go into the country together? + + CAPTAIN DUCKINFIELD--That might be discoursed, but by whom I + cannot tell. + + ATTORNEY-GENERAL--Did my lord of Warwick talk of going into the + country? + + CAPTAIN DUCKINFIELD--Whether the company talked of it, or my + lord of Warwick in particular, and the rest assented to it, I + cannot well tell. + + ATTORNEY-GENERAL--Whither did they go? + + CAPTAIN DUCKINFIELD--I cannot directly tell. + + ATTORNEY-GENERAL--What time of the day was it? + + CAPTAIN DUCKINFIELD--It was about six of the clock. + + ATTORNEY-GENERAL--Cannot you tell whither they went? + + CAPTAIN DUCKINFIELD--Capt. James and capt. Dockwra went to the + Ship and Castle in Cornhill about five o'clock or six, as near + as I can remember. + + ATTORNEY-GENERAL--Can you tell what time my lord of Warwick + went away? + + CAPTAIN DUCKINFIELD--No, I cannot tell what time he went away, + not directly. + + ATTORNEY-GENERAL--Can you tell of any agreement amongst them, + whither they were to go? + + CAPTAIN DUCKINFIELD--No I cannot. + + ATTORNEY-GENERAL--What discourse or concern did you observe + past between them, concerning capt. Coote? + + CAPTAIN DUCKINFIELD--My lord of Warwick shewed a great deal of + concern for his friend Mr. Coote. + + ATTORNEY-GENERAL--Had you any notice of Mr. Coote's death + amongst you? + + CAPTAIN DUCKINFIELD--We had notice before we went away; but I + cannot tell whether it was before my lord of Warwick was gone. + + ATTORNEY-GENERAL--Was it after the discourse of going into the + country, or before? + + CAPTAIN DUCKINFIELD--Indeed, I cannot directly say when it + was. + + ATTORNEY-GENERAL--Pray, what reason was there for their going + into the country before he was dead? + + CAPTAIN DUCKINFIELD--They believed he was dead. + + ATTORNEY-GENERAL--Cannot you tell the reason why they would go + into the country? + + CAPTAIN DUCKINFIELD--No, indeed, I cannot tell the reason. + + ATTORNEY-GENERAL--Did you observe my lord of Warwick's sword? + Was there any blood upon it? + + CAPTAIN DUCKINFIELD--I cannot say his sword was bloody at the + point; the whole blade and shell was bloody, to the best of my + remembrance. + + ATTORNEY-GENERAL--What sort of a sword was it? + + CAPTAIN DUCKINFIELD--It was a pretty broad blade, a hollow + blade, and a hollow open shell. + + ATTORNEY-GENERAL--Was there any discourse concerning capt. + French? + + CAPTAIN DUCKINFIELD--Yes, they thought he was very ill wounded. + + ATTORNEY-GENERAL--Was there any, and what, discourse who should + give my lord of Warwick his wound? + + CAPTAIN DUCKINFIELD--It was said, they believed capt. James + gave my lord his wound. + + ATTORNEY-GENERAL--Pray, was there any blood upon Mr. James's + sword, or was he wounded? + + CAPTAIN DUCKINFIELD--I saw no wound upon capt. James, that I + know of. + + LORD HIGH STEWARD--Do you believe that my lord Warwick's sword + was bloodied with the hurt of his own hand, or any otherwise? + + CAPTAIN DUCKINFIELD--I cannot tell; it was a cut shell, and the + outside bloody as well as the in. + + LORD HIGH STEWARD--My lord Warwick, will your lordship ask this + witness any questions? + + EARL OF WARWICK--No, my lord. + + LORD HIGH STEWARD--Mr. Attorney, if you have any other witness, + pray call them. + +Another Witness was produced, that belonged to the Ship and Castle in +Cornhill. + + ATTORNEY-GENERAL--This man will give you an account what passed + at his house at that time, and between whom; pray, will you + tell my lords who was at your house the 30th of October last, + and what past there then? + + WITNESS--My lord of Warwick, capt. James and capt. Dockwra; and + when my lord of Warwick came in I thought my lord was in a very + great concern, and called for pen, ink and paper, and I feared + there was some quarrel in hand; but they said no, the quarrel + was over, and says my lord of Warwick, I am afraid poor Coote + is killed. + + ATTORNEY-GENERAL--Did you observe any desire to be private? + + WITNESS--No, indeed, I cannot tell that. + + ATTORNEY-GENERAL--How long did they continue there? + + WITNESS--About six a-clock my lord of Warwick, and capt. James, + and capt. Dockwra, and capt. Duckinfield went away. + + ATTORNEY-GENERAL--Can you tell who went with my lord Warwick? + + WITNESS--No, indeed, I cannot tell who went with my lord + Warwick; there came in a gentleman in black, whom I knew to be + my lord of Warwick's steward, and he came and spoke some words + to my lord of Warwick, about a quarter of an hour after they + came in, and then they went away, for after that I did not + hear any further discourse. + + ATTORNEY-GENERAL--What became of the rest of the company? + + WITNESS--They went away; I do not know what became of them, nor + whither they went; some of them went in and out of one room + into another several times, two or three times, and came out + again. + + ATTORNEY-GENERAL--My lord, we have done with the witness. + + LORD HIGH STEWARD--My lord Warwick, will you ask him any + questions? + + EARL OF WARWICK--No, my lord. + +_Mr. Salmon_, the surgeon who, by the coroner's orders, examined Coote's +wounds, was called. There were two wounds: one on the left breast, near +the collar-bone, running down four or five inches. He could not guess +what sort of a sword made it; the wound was about half an inch broad. +There was another wound under the last rib on the left side, an inch +broad, six inches deep. They were both mortal. In answer to Lord +Warwick, he said that neither could be given by a sword run up to the +hilt. He could not say that they must have been given by the same +weapon: but they might have been. + +_Stephen Turner_, Coote's servant, identified his master's sword; he +believed he fenced with his right hand, but had never seen him fence at +all. + + EARL OF WARWICK--I desire he may be asked, whether he has not + observed a particular kindness and friendship between his + master and me? + + TURNER--Yes, my lord; I have several times waited upon my + master, when my lord and he was together, and they were always + very civil and kind one to another; and I never heard one word + of any unkindness between them. + + EARL OF WARWICK--Whether he knows of any quarrel that was + between us? + + TURNER--No, I never did. + + EARL OF WARWICK--Whether he did not use to lie at my lodgings + sometimes? + + LORD HIGH STEWARD--You hear my lord's question: what say you? + Did your master use to lie at my lord of Warwick's lodgings at + any time? + + TURNER--Yes; very often. + + ATTORNEY-GENERAL--Pray call Pomfret again, and let him see the + sword. + + [Then he came in, and two swords were shewn him.] + + ATTORNEY-GENERAL--I desire he may acquaint your lordships what + he knows of those two swords. + + POMFRET--These two swords were brought in by some of the + company that came to my master's house; and when they were + shewn to captain French in the morning he owned this to be his, + and the other to be Mr. Coote's; and he desired that notice + might be taken, that his sword was dirty but not bloody; and + there was some blood upon the other. + + ATTORNEY-GENERAL--Who brought in Mr. Coote's sword? + + POMFRET--Indeed I cannot tell. + +_White_, the coroner, was called, and said that he had asked Salmon +whether the two wounds on Coote's body were given by the same weapon, +and he said he could not say. + + ATTORNEY-GENERAL--We have done with our evidence, until we hear + what my lord of Warwick says to it. + + LORD HIGH STEWARD--My lord of Warwick, will you ask this + witness any questions? + + EARL OF WARWICK--No, my lord. + + LORD HIGH STEWARD--Make proclamation for silence. + + CLERK OF THE CROWN--Serjeant at arms, make proclamation. + + SERJEANT-AT-ARMS--O yes, O yes, O yes! His grace, my lord high + steward of England, does strictly charge and command all manner + of persons here present to keep silence, upon pain of + imprisonment. + + LORD HIGH STEWARD--My lord of Warwick, the king's counsel have + made an end of giving evidence for the king; now is the proper + time for you to enter upon your defence. + + EARL OF WARWICK--May it please your grace, and you my noble + lords, my peers. + + I stand here before your lordships, accused of the murder of + Mr. Coote, of which I am so innocent, that I came and + voluntarily surrendered myself so soon as I heard your + lordships might be at leisure to try me; and had sooner done + it, but that the king was not then here, nor your lordships + sitting, and had no mind to undergo a long confinement; and now + I think I might well submit it to your lordships' judgment, + even on the evidence that has been offered against me, whether + there hath been any thing proved of malice prepense, or my + being any actor therein, so as to adjudge me guilty. And I + think I may with humble submission to your lordships say, that + my innocence appeareth even from several of the witnesses who + have been examined against me, which I will not trouble your + lordships to repeat, but submit to your memory and observation. + + But, my lords, the safety of my life does not so much concern + me in this case, as the vindication of my honour and reputation + from the false reflections to which the prosecutor has + endeavoured to expose me; and I shall therefore beg your + lordships' patience to give a fair and full account of this + matter: in which the duty I owe to your lordships, and to + justice in general, and the right I owe to my own cause in + particular, do so oblige me, that I will not in the least + prevaricate, neither will I conceal or deny any thing that is + true. + + My lords, I must confess I was there when this unfortunate + accident happened, which must be a great misfortune in any + case, but was more so to me in this, because Mr. Coote was my + particular friend; and I did all I could to hinder it, as your + lordship may observe by the whole proceedings. + + It was on the Saturday night when my lord Mohun and I, and + several other gentlemen, met at Locket's, where the same + company used often to meet; and in some time after several of + us had been there, Mr. Coote came unexpectedly, and for some + time he and we were very friendly, and in good humour, as we + used to be with each other; but then there happened some + reflecting expressions from Mr. Coote to Mr. French, who + thereupon called for the reckoning; and it being paid, we left + the upper room, and I proposed to send three bottles of wine + to my own lodging, and to carry him thither to prevent the + quarrel. But while the company stopped to call for a glass of + ale at the bar below, Mr. Coote (whose unfortunate humour was + sometimes to be quarrelsome) did again provoke Mr. French to + such degree, that they there drew their swords; but we then + prevented them of doing any mischief: then Mr. Coote still + insisting to quarrel further with Mr. French, my lord Mohun and + I proposed to send for the guards to prevent them: but they had + got chairs to go towards Leicester-fields; and my lord Mohun + and I, as friends to Mr. Coote, and intending to prevent any + hurt to him, did follow him in two other chairs; and as he was + going up St. Martin's-lane, stopped him, and I extremely there + pressed him to return and be friends with Mr. French, or at + least defer it, for that the night was very dark and wet; and + while we were so persuading of him, Mr. French in one chair, + and Mr. James and Mr. Dockwra in two other chairs past by us + (which we guessed to be them), on which Mr. Coote made his + chairmen take him up again, and because the chairmen would not + follow Mr. French faster, threatened to prick him behind; and + when we were gone to Green-street and got out of our chairs, + Mr. Coote offered half a guinea to be changed to pay for all + our three chairs, but they not having change, he desired lord + Mohun to pay the three shillings, which he did. And in a few + minutes after, Mr. Coote and Mr. French engaged in the fields, + whither I went for the assistance and in defence of Mr. Coote, + and received a very ill wound in my right hand; and there this + fatal accident befel Mr. Coote from Mr. French whom Mr. Coote + had dangerously wounded, and I must account it a great + unhappiness to us all who were there: but so far was I from + encouraging of it, that I will prove to your lordships that I + did my utmost endeavours to prevent it; so far from any design + upon him, that I exposed my own life to save his; so far from + prepense malice, that I will, by many witnesses of good quality + and credit, prove to your lordships a constant good and + uninterrupted friendship from the first of our acquaintance to + the time of his death; which will appear by many instances of + my frequent company and correspondence with him, often lending + him money, and paying his reckonings; and about two months + before his death lent him an hundred guineas towards buying him + an ensign's place in the guards, and often, and even two nights + before this, he lodged with me, and that very night I paid his + reckoning. And when I have proved these things, and answered + what has been said about the sword and what other objections + they have made, I doubt not but that I shall be acquitted to + the entire satisfaction of your lordships, and all the world + that hear it. + + Before I go upon my evidence, I will crave leave further to + observe to your lordships, that at the Old Bailey, when I was + absent, Mr. French, James, and Dockwra, have been all tried on + the same indictment now before your lordships; and it was then + opened and attempted, as now it is, to prove it upon me also; + and by most of them the same witnesses who have now appeared; + and they were thereupon convicted only of manslaughter, which + could not have been, if I had been guilty of murder. And on + that trial it plainly appeared that Mr. French was the person + with whom he quarrelled, and who killed him. And now I will + call my witnesses. + + LORD HIGH STEWARD--Will your lordship please to go on to call + your witnesses, for the proof of what you have said; that is + the method, and then you are to make such observations as you + please. + + EARL OF WARWICK--My first witness is capt. Keeting, who was + with me at Locket's, but went away before capt. Coote or any of + them came; and he will tell you I was with him a while. + + [Then captain Keeting stood up.] + + LORD HIGH STEWARD--Capt. Keeting, you are not upon your oath, + because the law will not allow it. In cases of this nature the + witnesses for the prisoner are not to be upon oath; but you are + to consider that you speak in God's presence, who does require + the truth should be testified in all causes before courts of + judicature; and their lordships do expect, that in what + evidence you give here, you should speak with the same regard + to truth as if you were upon oath; you hear to what it is my + lord of Warwick desires to have you examined, what say you to + it? + + CAPTAIN KEETING--My lord, I will tell your lordship all the + matter I know of it. I met with my lord of Warwick that evening + at Tom's Coffee-house, and we continued there till about eight + at night; I went away to see for a gentleman that owed me + money, and afterwards I went to Locket's; and while I was + there, the drawer came up and told me, my lord of Warwick + desired to speak with me; and when he came up into the room, he + said he was to meet with my lord Mohun there, and capt. Coote, + and he asked me if I knew where capt. French and capt. James + were; I told him I dined with capt. Coote at Shuttleworth's; + and in a while after, capt. Coote came in, and about an hour + and an half, I think, I continued there, and capt. French came + in; capt. Dockwra and we drank together for an hour and an + half, and they admired, about ten o'clock that my lord Mohun + was not come; and I payed my reckoning, not being very well, + and away I went home; Mr. James came in just before I went + away; but there was no quarrelling, nor any thing like it + before I went away. + + EARL OF WARWICK--My lord, I desire he may be asked, Whether we + did not usually meet there as friends, especially capt. Coote + and I? + + CAPTAIN KEETING--Captain Coote and my lord of Warwick used to + be almost every day together at that place. + + EARL OF WARWICK--Pray, did he ever know or observe any + difference or quarrel between capt. Coote and me? + + CAPTAIN KEETING--No, my lord, I never saw any thing but the + greatest friendship between my lord of Warwick and captain + Coote that could be; I was with them, and saw them together + almost every day. + + LORD HIGH STEWARD--Have you any thing further to examine this + witness to? + + EARL OF WARWICK--No, my lord, I have no further question to ask + him. + + LORD HIGH STEWARD--Who is your next witness, my lord? + + EARL OF WARWICK--My lord, I suppose I shall not need to trouble + you to examine the chairmen over again; your lordships have + heard what they can say: I desire colonel Stanhope may be + called. + + [Who it seems stood by the Chair of State, and it was some + while before he could get round to come to the place the + witnesses were to stand.] + + LORD HIGH STEWARD--While this witness gets round, if your + lordship has any other witness ready to stand up, pray let him + be called. + + EARL OF WARWICK--To prove the kindness between capt. Coote and + me, I desire col. Blisset may be called. [Who stood up.] + + LORD HIGH STEWARD--What is it your lordship asks this witness + or calls him to? + + EARL OF WARWICK--To testify what he knows of any kindness or + unkindness between capt. Coote and me; whether he has not been + often in our company? + + LORD HIGH STEWARD--Have you been often in company with my lord + of Warwick and capt. Coote? + + COLONEL BLISSET--Yes, my lord, I was very well acquainted with + both of them for a twelve-month past before this accident and I + have often been in their company, and always observed that + there was a great deal of friendship and kindness between them. + + EARL OF WARWICK--My lord, I desire he may tell any particular + instance that he knows or can remember. + + COLONEL BLISSET--I remember when capt. Coote had his commission + in the regiment of guards, he was complaining of the + streightness of his circumstances; he was to pay for his + commission 400 guineas, and said he had but 300 for to pay for + it: and my lord of Warwick did then say to him, do not trouble + yourself about that, or let not that disturb you, for I will + take care you shall have 100 guineas, and he said he would give + order to his steward to pay him so much; and I was told + afterwards that he did so. + + EARL OF WARWICK--I desire he may tell, if he knows of any other + particular instances of my friendship to Mr. Coote? + + COLONEL BLISSET--Once when he was arrested by his taylor for + L13, my lord lent him five guineas, and used very frequently to + pay his reckoning for him. + + EARL OF WARWICK--I desire he may tell, if he knows any thing + else; and whether he has not lain at my lodgings, and + particularly but some small time before this accident happened. + + COLONEL BLISSET--About ten days before this unhappy accident + happened, I was at my lord of Warwick's lodgings, and when I + came there I found capt. Coote a-dressing himself; and I asked + him how that came to pass, and they told me they had been up + late together, and that he had sent home for his man to dress + himself there, upon which I did observe that they had been + a-rambling together over night; and there was a very great + familiarity between them. + + EARL OF WARWICK--Did you observe any quarrel between us? + + COLONEL BLISSET--No, none at all; I never knew of any quarrel + between my lord of Warwick and capt. Coote, but I observed + there was a particular kindness between them; and a great deal + of friendship I know my lord of Warwick shewed to him, in + paying of reckonings for him, and lending him money when he + wanted. + + EARL OF WARWICK--My lord, I desire he may be asked, whether he + does not know that capt. Coote was straitened for money? + + COLONEL BLISSET--I did hear capt. Coote say, that he had not + received any thing from his father for 13 months, and his + father was angry with him, and would not send him any supply, + because he would not consent to cut off the entail, and settle + two or three hundred pounds upon a whore he had. + + ATTORNEY-GENERAL--Pray, Sir, will you consider with yourself, + and though you are not upon your oath, answer the questions + truly, for you are obliged to speak the truth, though you are + not sworn, whenever you come to give your testimony in a court + of judicature; pray, acquaint my noble lords here, whether you + did never hear my lord Warwick complain of capt. Coote? + + COLONEL BLISSET--No, I never did hear him complain of him. + + ATTORNEY-GENERAL--Did you never hear the least word of any + quarrel between them? + + COLONEL BLISSET--No, indeed, I did never hear of any quarrel + between them. + + ATTORNEY-GENERAL--Did you never hear of any unkindness at all? + + COLONEL BLISSET--No, indeed, my lord, not I: I never so much as + heard of the least unkindness whatsoever. + + LORD HIGH STEWARD--Well then, my lord, who do you call next? + + EARL OF WARWICK--Now colonel Stanhope is here, I desire he may + be asked the same question, whether he does not know the + particular friendship that was between capt. Coote and me, and + what instances he can give of it? + + LORD HIGH STEWARD--You are to consider, Sir, though you are not + upon your oath you are in a great court, and under no less + restriction to testify the truth, and nothing but the truth: + You hear what my noble lord asks you. + + COLONEL STANHOPE--My lord, I have known my lord of Warwick and + capt Coote for about a twelve-month, and I did perceive that + they did always profess a great kindness for one another. + + EARL OF WARWICK--I desire to know of him, whether he observed + any particular friendship between capt. Coote and me, much + about the time of this business? + + COLONEL STANHOPE--About eight or ten days before this unhappy + accident, I went to wait upon my lord of Warwick twice at his + lodgings: Once I found capt. Coote there, one of them was in + bed, and the other was dressing of himself; I thought they were + very good friends that were so familiar, and I had good reason + to think so, because of that familiarity: Both the times that I + was there, when I found them together, was within eight days + before the accident happened. + + EARL OF WARWICK--The next witness I shall call will be Mr. + Disney. + + ATTORNEY-GENERAL--But before colonel Stanhope goes, I desire to + ask him this question, whether he did never hear or know of any + unkindness between my lord of Warwick and capt. Coote? + + COLONEL STANHOPE--No, indeed I did not; I always thought them + to be very good friends. + + LORD HIGH STEWARD--Will your lordship go on to your next + witness? + + EARL OF WARWICK--Yes, my lord, there he is, Mr. Disney; I + desire he may be asked what he knows of any expressions of + kindness and friendship between me and capt. Coote. + +_Disney_ spoke to Lord Warwick lending Coote 100 guineas towards the +price of his commission; he had observed great kindness between the +two, and had several times seen Lord Warwick pay Coote's reckoning. + +_Colonel Whiteman_ was then called. He had constantly seen Lord Warwick +and Coote together; + + they dined together almost every day for half a year's time + almost; and as to this time, when this business had happened, I + went to my lord of Warwick, being sent for by him, and found + him at a private lodging, where he expressed a great deal of + concern for the death of his dear friend Mr. Coote; and he + shewed me the wound he had received in his hand, and he desired + he might be private, and he told me he believed people would + make worse of it than it was, because he did not appear; but he + did but intend to keep himself out of the way till he could be + tried; and I took what care I could to get him a convenience to + go to France. + + ATTORNEY-GENERAL--Pray, what reason did he give for his going + away? + + COLONEL WHITEMAN--The king being at that time out of England, + and so the parliament not sitting, he said he did not love + confinement, and had rather be in France till the parliament + should meet, and he might have a fair trial, which he thought + he should best have in this House. + +He had never seen any unkindness or quarrel between them. + +_Edmund Raymund_, Lord Warwick's steward, knew of the loan of 100 +guineas by him to Coote, and provided the money paid on that occasion. + +Lord Warwick then stated that he wished to call French as a witness, and +desired that counsel might be heard on his behalf as to whether he could +be guilty of the death of a man on whose side he was fighting equally +with those who were fighting on the other side, and who had already been +convicted of manslaughter. + +After a brief discussion, it was decided that counsel should be heard on +the question whether French was a competent witness. The facts were that +he had been indicted for murder, and convicted of manslaughter; he +claimed the benefit of clergy,[35] which was allowed him; the burning +on his hand was respited, and a pardon remitting the burning altogether +had been delivered to the Lord High Steward under the Privy Seal, but +had not passed the Great Seal. + +Lord Warwick had accordingly to maintain that French was a good witness +without having been burnt on his hand, or having been pardoned. + +The _Attorney-General_ first proceeded to argue that an allowance of +clergy did not make a felon convict a competent witness.[36] It did not +discharge him from his offence, set him _rectus in curia_, and 'make him +in all respects a person fit to have the benefit and privileges of a +"probus et legalis homo"' till he had passed through those methods of +setting himself right in the eye of the law, that the law had +prescribed. The burning in the hand under the statute of Henry VII. was +not a punishment; it only showed that the branded person was not to have +his clergy again. Purgation was abolished by the statute of Elizabeth, +but satisfaction was not made to the law, the convict was not fully +discharged from its operation, and his credit was not restored, till he +was branded or pardoned. Till then 'the conviction remains upon him,' +and he was not capable of being a witness. + +_The Solicitor-General_, Sir John Hawles,[37] followed to the same +effect, and, by the order of the Court _Powys_[38] was then heard on +behalf of the prisoner. He agreed with the Attorney-General that the +branding under the statute of Henry VII. was only for the purpose of +showing that the branded man has had his clergy once, and was not a +punishment; the punishment still remained to be inflicted by the process +of purgation. But purgation was abolished after the Reformation by the +statute of Elizabeth 'because it was only an outward appearance and shew +of purgation, and was often the occasion of very great perjuries.' The +Court had power to imprison the convicted man for a year; but that was +not any more a punishment and a means of restoring a man to credit than +was the branding.[39] + +'What we insist on is this, that the allowance of clergy sets him right +in court, since purgation is abolished, and is the same thing as if he +had undergone the ceremonial parts of a formal purgation'; the prisoner +was to have the same benefit of his clergy as purgation would have given +him before the statute, and on being allowed his clergy is to be in the +same condition as if he had undergone purgation or been pardoned. The +respiting of the burning of the hand till the king's pardon could be +obtained was not to put him in a worse condition than he would have been +in had he been actually burnt. Cases were quoted, one of which was +afterwards fairly distinguished, and it was urged that the burning was +only a condition precedent to the accused getting out of prison, not to +his being restored to his credit. + +_Serjeant Wright_ replied for the Crown. He admitted that a pardon would +restore a convict to credit as a witness, and that an allowance of +clergy, followed by a burning of the hand, would have the same effect: +now that purgation was abolished, the burning had taken its place; 'that +is the very terms of the statute on which he is to be discharged; that +must actually be done before he can be put into the same condition that +he was in before the conviction, and consequently make him capable of +being a witness.' One of the cases quoted by Powys was distinguished, +and Hale was quoted to support the argument for the Crown. + +_Lord Chief-Justice Treby_[40] was then called on for his opinion, and +gave it that French was not a competent witness. He had not yet actually +been pardoned, for pardons were not operative till they had passed the +Great Seal. By his conviction he had forfeited his liberty, his power of +purchasing chattels or holding land, and his credit. + +These losses formerly might be restored by purgation; but purgation was +now replaced by burning in the hand. The imprisonment under the statute +was not a necessary condition to a restoration of credit, because it was +'a collateral and a new thing'; the party was not imprisoned 'by virtue +of his conviction, but by a fresh express order of the judges, made upon +the heinousness of the circumstances appearing on the evidence. They +may, and generally do, forbear to commit at all; and when they do, it +may be for a month or two, at their discretion.' In any case the burning +was a condition precedent to a restoration to credit. 'To me the law is +evident. A peer shall have this benefit without either clergy or +burning. A clerk in orders, upon clergy alone, without burning. A +lay-clerk, not without both.' + +_Lord Chief-Baron Ward_[41] and _Nevill, J._,[42] expressed themselves +as of the same opinion; and it was decided that French should not be +admitted as a witness. + +It was then suggested that counsel should be heard on the point +whether, supposing that Lord Warwick had been on Coote's side in the +fight, he was guilty of his death; but it was decided that as there was +still a question whether the facts were as alleged this could not be +done. + +Lord Warwick was then invited to sum up his evidence, 'which is your own +work, as not being allowed counsel as to matter of fact,' and to make +any observations he liked. He preferred, however, to say nothing. + +_The Solicitor-General_ then proceeded to sum up for the Crown, and +since he could not be heard by some lords at the upper end of the house, +the _Duke of Leeds_ moved either that 'any person that has a stronger +voice should sum up the evidence,' or that 'you will dispense with the +orders of the house so far, as that Mr. Solicitor may come to the +clerk's table, or some other place within the house, where he may be +heard by all.' _The Earl of Rochester_ opposed the second alternative on +the ground that 'in point of precedent many inconveniences' would occur +were such a course adopted. + +_The Earl of Bridgewater_ suggested that the difficulty might be met by +sending the guard to clear the passages about the court, which was +accordingly done, apparently with success. + +_The Solicitor-General_ then continued his summing up the evidence; his +only original comment on the case being that as there was no evidence +as to whose hand it was by which Coote was wounded, 'until that can be +known, every person that was there must remain under the imputation of +the same guilt, as having a hand, and contributing to his death.' + + Then the lords went back to their own house in the same order + they came into the court in Westminster Hall, and debated the + matter among themselves, what judgment to give upon the + evidence that had been heard; and in about two hours' time they + returned again into the court, erected upon a scaffold in + Westminster-hall; and after they were seated in their places, + the Lord High Steward being seated in his chair before the + throne, spoke to the Lords thus: + + LORD HIGH STEWARD--Will your lordships proceed to give your + judgment? + + LORDS--Ay, Ay. + + Then the Lord High Steward asked this question of every one of + the lords there present, beginning with the puisne baron, which + was the lord Bernard. + + LORD HIGH STEWARD--My lord Bernard, is Edward Earl of Warwick + guilty of the felony and murder whereof he stands indicted, or + not guilty? + + The lord Bernard stood up in his place uncovered, and laying + his right hand upon his breast pronounced his judgment thus: + + LORD BERNARD--Not Guilty of murder, but Guilty of manslaughter, + upon my honour. + + The same question was asked severally of all the lords, who in + the same form delivered the same opinion. + + Then the Lord High Steward reckoned up the number of peers + present, and the opinions that were given, and announced that + there were 93 present, and that they had all acquitted lord + Warwick of murder, but had found him guilty of manslaughter. + Lord Warwick was then called in, the judgment was announced to + him, and he was asked what he had to say why judgment of death + should not be pronounced against him according to law. And he + claimed the benefit of his peerage, under the statute of Edward + the 6th. + + LORD HIGH STEWARD--My lord, your lordship has demanded the + benefit of your peerage upon the statute of Edward the 6th, and + you must have it by law; but I am directed by their lordships + to acquaint you that you cannot have the benefit of that + statute twice; therefore, I am likewise directed by their + lordships to say that they hope you will take a more than + ordinary care of your behaviour for the future, that so you may + never hereafter fall into such unfortunate circumstances as you + have been now under; my lords hope this will be so sensible a + warning, that nothing of this kind will ever happen to you + again; your lordship is now to be discharged. + + LORD HIGH STEWARD--Is it your lordships' pleasure to adjourn to + the House of Lords? + + LORDS--Ay, Ay. + + LORD HIGH STEWARD--This House is adjourned to the House of + Lords. + + Then the lords went in procession, in the same order that they + came into the court. + +The next day Lord Mohun was tried on a similar indictment before the +same court. And most of the same witnesses having given the same +evidence again, he was acquitted and discharged. He then expressed +himself thus: + + LORD MOHUN--My lords, I do not know which way to express my + great thankfulness and acknowledgment of your lordships' great + honour and justice to me; but I crave leave to assure your + lordships, that I will endeavour to make it the business of the + future part of my life, so to behave myself in my conversation + in the world, as to avoid all things that may bring me under + any such circumstances, as may expose me to the giving your + lordships any trouble of this nature for the future. + +Then proclamation was made dissolving the Commission, and the Court +adjourned. + + * * * * * + +As is well known, the duel described in this trial is the original of +that described in _Esmond_ between Lord Castlewood and Lord Mohun; it +may therefore be of interest to transcribe a few passages out of the +latter work, premising only that there seems to be some faint +relationship between Captain Macartney, Lord Mohun's second in his duel +with Lord Castlewood, and the Lord Macartney who afterwards assisted him +in the same capacity in his final meeting with the Duke of Hamilton. +Lord Castlewood, as will be remembered, had come up to London to fight +Lord Mohun, really on account of his relations with Lady Castlewood, +nominally as the result of a quarrel at cards, which it was arranged +should have all the appearance of taking place. Lord Castlewood, Jack +Westbury, and Harry Esmond all meet together at the 'Trumpet,' in the +Cockpit, Whitehall. + + When we had drunk a couple of bottles of sack, a coach was + called, and the three gentlemen went to the Duke's Playhouse, + as agreed. The play was one of Mr. Wycherley's--_Love in a + Wood_. Harry Esmond has thought of that play ever since with a + kind of terror, and of Mrs. Bracegirdle, the actress who + performed the girl's part in the comedy. She was disguised as a + page, and came and stood before the gentlemen as they sat on + the stage, and looked over her shoulder with a pair of arch + black eyes, and laughed at my lord, and asked what ailed the + gentleman from the country, and had he had bad news from + Bullock fair? + + Between the acts of the play the gentlemen crossed over and + conversed freely. There were two of Lord Mohun's party, Captain + Macartney, in a military habit, and a gentleman in a suit of + blue velvet and silver, in a fair periwig with a rich fall of + point of Venice lace--my Lord the Earl of Warwick and Holland. + My lord had a paper of oranges, which he ate, and offered to + the actresses, joking with them. And Mrs. Bracegirdle, when my + lord Mohun said something rude, turned on him, and asked him + what he did there, and whether he and his friends had come to + stab anybody else, as they did poor Will Mountford? My lord's + dark face grew darker at this taunt, and wore a mischievous, + fatal look. They that saw it remembered it, and said so + afterward. + + When the play was ended the two parties joined company; and my + Lord Castlewood then proposed that they should go to a tavern + and sup. Lockit's, the 'Greyhound,' in Charing Cross was the + house selected. All three marched together that way, the three + lords going a-head.' + +At the 'Greyhound' they play cards, and Esmond tries in vain to quarrel +with Mohun himself. + + My Lord Mohun presently snuffed a candle. It was when the + drawers brought in fresh bottles and glasses and were in the + room--on which my Lord Viscount said, 'The Deuce take you, + Mohun, how damned awkward you are. Light the candle, you + drawer.' + + 'Damned awkward is a damned awkward expression, my lord,' says + the other. 'Town gentlemen don't use such words--or ask pardon + if they do.' + + 'I'm a country gentleman,' says my Lord Viscount. + + 'I see it by your manner,' says my Lord Mohun. 'No man shall + say damned awkward to me.' + + 'I fling the words in your face, my lord,' says the other; + 'shall I send the cards too?' + + 'Gentlemen, gentlemen! before the servants?' cry out Colonel + Westbury and my Lord Warwick in a breath. The drawers go out of + the room hastily. They tell the people below of the quarrel + upstairs. + + 'Enough has been said,' says Colonel Westbury. 'Will your + lordships meet to-morrow morning?' + + 'Will my Lord Castlewood withdraw his words?' asks the Earl of + Warwick. + + 'My lord Castlewood will be ---- first,' says Colonel Westbury. + + 'Then we have nothing for it. Take notice, gentlemen, there + have been outrageous words--reparation asked and refused.' + + 'And refused,' says my Lord Castlewood, putting on his hat. + 'Where shall the meeting be? and when?' + + 'Since my lord refuses me satisfaction, which I deeply regret, + there is no time so good as now,' says my Lord Mohun. 'Let us + have chairs, and go to Leicester Field.' + + 'Are your lordship and I to have the honour of exchanging a + pass or two?' says Colonel Westbury, with a low bow to my Lord + of Warwick and Holland. + + 'It is an honour for me,' says my lord, with a profound congee, + 'to be matched with a gentleman who has been at Mons and + Namur.' + + 'Will your Reverence permit me to give you a lesson?' says the + captain. + + 'Nay, nay, gentlemen, two on a side are plenty,' says Harry's + patron. 'Spare the boy, Captain Macartney,' and he shook + Harry's hand for the last time, save one, in his life. + + At the bar of the tavern all the gentlemen stopped, and my Lord + Viscount said, laughing, to the bar-woman, that those cards set + people sadly a-quarrelling; but that the dispute was over now, + and the parties were all going away to my Lord Mohun's house, + in Bow Street, to drink a bottle more before going to bed. + + A half-dozen of chairs were now called, and the six gentlemen + stepping into them, the word was privately given to the + chairmen to go to Leicester Field, where the gentlemen were set + down opposite the 'Standard Tavern.' It was midnight, and the + town was a-bed by this time, and only a few lights in the + windows of the houses; but the night was bright enough for the + unhappy purpose which the disputants came about; and so all six + entered into that fatal square, the chairmen standing without + the railing and keeping the gate, lest any persons should + disturb the meeting. + + All that happened there hath been matter of public notoriety, + and is recorded, for warning to lawless men, in the annals of + our country. After being engaged for not more than a couple of + minutes, as Harry Esmond thought (though being occupied at the + time with his own adversary's point, which was active, he may + not have taken a good note of time) a cry from the chairmen + without, who were smoking their pipes, and leaning over the + railings of the field as they watched the dim combat within, + announced that some catastrophe had happened, which caused + Esmond to drop his sword and look round, at which moment his + enemy wounded him in the right hand. But the young man did not + heed this hurt much, and ran up to the place where he saw his + dear master was down. + + My Lord Mohun was standing over him. + + 'Are you much hurt, Frank?' he asked in a hollow voice. + + 'I believe I'm a dead man,' my lord said from the ground. + + 'No, no, not so,' says the other; 'and I call God to witness, + Frank Esmond, that I would have asked your pardon, had you but + given me a chance. In--in the first cause of our falling out, I + swear that no one was to blame but me, and--and that my + lady----' + + 'Hush!' says my poor Lord Viscount, lifting himself on his + elbow and speaking faintly. 'Twas a dispute about the + cards--the cursed cards. Harry, my boy, are you wounded too? + God help thee! I loved thee, Harry, and thou must watch over + my little Frank--and--and carry this little heart to my wife.' + + And here my dear lord felt in his breast for a locket he wore + there, and, in the act, fell back fainting. + + We were all at this terrified, thinking him dead; but Esmond + and Colonel Westbury bade the chairmen come into the field; and + so my lord was carried to one Mr. Aimes, a surgeon, in Long + Acre, who kept a bath, and there the house was wakened up, and + the victim of this quarrel carried in. + +FOOTNOTES: + +[31] Charles, fifth Baron Mohun (1675?-1712), was the eldest son of the +fourth baron, who died from a wound received in a duel when his son was +about two years old. He fought his first duel in 1692, breaking out of +his lodgings, where he was confined in consequence of a quarrel over +dice, for the purpose, with the assistance of the Earl of Warwick of the +present case, the grandson of the Lord Holland of the Civil War. This +encounter ended in both combatants being disarmed. Two days later he +abetted in the murder of Mountfort, an actor. One Captain Hill was in +love with Mrs. Bracegirdle, the famous actress, and supposed that he had +cause to be jealous of the attentions she received from Mountfort, the +equally eminent actor. Accordingly Hill and Mohun formed a plan +(estimated to cost L50 in all) to carry off the lady as she came out of +the theatre: and providing themselves with a coach-and-six and a body of +soldiers set out on the enterprise. They missed Mrs. Bracegirdle at the +theatre, but found her by chance coming out of a house in Drury Lane +where she had supped. The attempt to carry her off in the coach failed, +owing to the vigorous resistance made by her friends. Hill and Mohun, +however, were allowed to escort her to her lodgings in Howard Street, +where they saw her safely home. Mountfort lived in Norfolk Street, at +the bottom of Howard Street; and as he was passing down the latter some +two hours later, he was accosted by Mohun in a more or less friendly +way; but while they were talking together, he was attacked and killed by +Hill, who did not give him time to draw his sword. Hill fled, but Mohun +was tried by his peers in Westminster Hall, January 1692-93. The trial +excited great interest partly owing to the youth of the prisoner, and on +a question being raised as to the degree of complicity necessary to +constitute his guilt, he was acquitted. A report of the trial will be +found in _State Trials_, xii. 950. There are also some picturesque +references to it in Chapter xix. of Macaulay's _History_. Mohun fought +another duel in 1694, served for two years in Flanders, returned to +England, and fought a duel with Captain Bingham in St. James's Park, +which was interrupted by the sentries. The same year he was present at +the death of Captain Hill, in the Rummer Tavern. The present case +occurred in 1698, and seems to have closed his career as a rake. He was +sent under Lord Macclesfield on a mission to present the +Electress-Dowager Sophia with a copy of the Act of Succession, and he +frequently took part in debates in the House of Lords. After Lord +Macclesfield's death he became entangled in a long course of litigation +with the Duke of Hamilton; and on their meeting in Master's Chambers, +remarks passed between them which led to a duel, when both were killed. +The Tories suggested that the Whigs had arranged the duel in order to +get rid of Mohun because they were tired of him, and Hamilton, because +they wanted to prevent his projected embassy to France. + +[32] John Lord Somers (1651-1716) was born at Whiteladies, near +Worcester, educated at Trinity College, Oxford, and called in 1676. He +appeared as junior counsel in the trial of the Seven Bishops, at the +instance of Pollexfen (see vol. i. p. 241), and took a conspicuous part +in the settlement of the monarchy after the Revolution, being an +influential member of the Committee which drafted the Declaration of +Rights. He became Solicitor-General in 1689, and Attorney-General in +1692, in which capacity it is curious to notice that he conducted the +prosecution of Lord Mohun for the murder of Mountfort (see _ante_, p. +60). He became William III.'s first Lord Keeper in 1692-3, and Lord +Chancellor in 1697. During all this time he was one of William's most +trusted advisers, and was consulted by him on the most confidential +questions relating to foreign policy. He was also familiar with the +leading literary and scientific men of his time, being responsible for +Addison's pension, and receiving the dedication of the _Tale of a Tub_ +from Swift. He also conferred favours on Rymer and Madox. He resigned +the Great Seal in 1700 after a motion for his perpetual exclusion from +the presence of the King had been defeated by a small majority in the +House of Commons; having already lost the King's confidence by the +position he adopted in regard to William's propositions for a standing +army, and attracted the hostility of the country partly by his +opposition to the bill for the resumption of the grants of forfeited +Irish estates. He played a conspicuous part in the reign of Queen Anne +as the head of the Whig junto formed at the beginning of that reign, but +never resumed office. + +[33] Sir Nathan Wright (1653-1721), born of an Essex family, was +educated at Emmanuel College, and was called in 1677. He was junior +counsel for the Crown in the trial of the Seven Bishops, and opened the +pleadings. He became Serjeant in 1692. On the retirement of Lord Somers +in 1700, a difficulty was found in providing a successor, and eventually +the post of Lord Chancellor was offered to, and accepted by, Wright. He +enjoyed no reputation, good or bad, as a judge, except that he was very +slow, and generally considered unfit for the place. After holding office +for five years he was dismissed on the accession to power by the Whigs +in 1705. Speaking of his appointment as Lord Chancellor, Lord Campbell +says, 'The occasional occurrence of such elevations seems wisely +contrived by Providence to humble the vanity of those who succeed in +public life, and to soften the mortification of those who fail.' + +[34] Thomas Lord Trevor (1659?-1730) was the son of a Secretary of State +of Charles II. He was called in 1680, became a bencher in 1689, +Solicitor-General in 1692, Attorney-General in 1695. He refused to +succeed Lord Somers in 1700; but in 1701 succeeded Sir George Treby as +Chief-Justice of the Common Pleas. He was re-appointed by Queen Anne, +and was one of the twelve peers created by her in 1711 to create a +majority in the House of Lords. He was removed from office in 1714 on +the accession of George I.; but leaving the Tory party, which he had +joined in Anne's reign, became Lord Privy Seal in 1726, and President of +the Council in 1730, but died six weeks afterwards. He enjoyed a +reputation as a good judge; but is chiefly remembered for his proper +conduct of Crown prosecutions as Attorney-General after the Revolution. + +[35] Benefit of clergy was originally the right of the clergy to be +exempt from the jurisdiction of the lay courts, and to be handed over to +the ordinary to make 'purgation.' This the accused clerk did by swearing +to his own innocence and producing twelve compurgators who swore to the +same effect. He was then 'usually acquitted' by a jury of twelve clerks; +but otherwise he was degraded and put to penance. The right itself was +gradually restricted: partly by a construction of the Statute of +Westminster the First (1275), by which it was held to be necessary that +the clerk should be indicted before he could claim his benefit; partly +by the practice prevailing in the time of Henry VI. that he must first +be convicted. Meanwhile its scope had been largely increased by its +extension in 1360 to all lay clerks, who were taken to mean persons +capable of reading. The law, however, which was applicable to the +present case depended on two statutes, 4 Henry VII., c. 13, and 18 +Elizabeth, c. 7; by the former any person allowed his clergy was to be +branded, and was not to be allowed it again unless he was actually in +orders; by the latter purgation was abolished, and any person taking +benefit of clergy was to be discharged from prison subject to the power +of the judge to imprison him for a year. By a statute of Edward _VI._ +also, a peer ('though he cannot read') was allowed a privilege +equivalent to benefit of clergy, but was not to be branded. + +A certain number of offences were excluded from benefit of clergy during +earlier times, and a great number during the eighteenth century, at the +beginning of which the privilege was extended to all prisoners. Finally, +the system was abolished in 1827. How this system, occupying as it did +an important position in the criminal procedure of this country till a +comparatively modern date, impresses a lawyer of the present day, may +best be described in the words of Sir James Stephen:--'Of this branch of +the law, Blackstone characteristically remarks that the English +legislature "in the course of a long and laborious process, extracted by +noble alchemy rich medicines out of poisonous ingredients." According to +our modern views it would be more correct to say that the rule and the +exception were in their origin equally crude and barbarous, that by a +long series of awkward and intricate changes they were at last worked +into a system which was abolished in a manner as clumsy as that in which +it was constructed' (_History of the Criminal Law_, vol. i. p. 458).... +'The result of this was to bring about, for a great length of time, a +state of things which must have reduced the administration of justice to +a sort of farce. Till 1487 any one who knew how to read might commit +murder as often as he pleased, with no other result, than that of being +delivered to the ordinary to make his purgation, with the chance of +being delivered to him _absque purgatione_. That this should have been +the law for several centuries seems hardly credible, but there is no +doubt that it was. Even after 1487, a man who could read could commit +murder once with no other punishment than that of having M. branded on +the brawn of his left thumb, and if he was a clerk in orders he could, +till 1547, commit any number of murders apparently without being branded +more than once' (_Ibid._, vol. i. p. 462). + +[36] Convicted felons were incompetent as witnesses till the passing of +Lord Denman's Act in 1843. + +[37] Sir John Hawles (1645-1716) was born in Salisbury of a Dorsetshire +family. He was educated at Winchester and Queen's College, Oxford. In +1689 he sat in the House of Commons for Old Sarum; he succeeded Sir +Thomas Trevor as Solicitor-General in 1695 and so remained till 1702. He +afterwards represented various western boroughs in Parliament, most of +them Cornish. He was one of the managers of Sacheverell's impeachment in +1710. He died at Upwinborne. + +[38] Sir Thomas Powys (1649-1719), of a Shropshire family, was educated +at Shrewsbury, and was called in 1673. He became Solicitor-General in +1686, and as a supporter of the dispensing power became Attorney-General +in 1687. As such he conducted the prosecution of the Seven Bishops. He +frequently appears for the defence in State Trials during the reign of +William III. He represented Ludlow in Parliament from 1701 to 1713, was +made a Serjeant at the beginning of Anne's reign, and a Judge of the +Queen's Bench in 1713. He was, however, removed from the bench on the +accession of George I. + +[39] To a modern practitioner to whom benefit of clergy is merely an +archaeological puzzle, it would seem that the proper argument was that +the imprisonment was a punishment, and that as French had not been +imprisoned he was quit of the law; but two centuries make a great deal +of difference in arguments on points of law. + +[40] Sir George Treby (1644-1700), the son of a Devon gentleman, entered +Exeter College in 1661, and was called in 1671. He represented his +native town of Plympton in the House of Commons in both Parliaments in +1679, and was a manager in the impeachment of Lord Stafford. He +succeeded Jeffreys as Recorder of London in 1680, but was removed after +the success of the _Quo Warranto_ proceedings. He sat in the Oxford +Parliament of 1681, and resumed his seat as Recorder after the arrival +of the Prince of Orange. He afterwards re-entered Parliament, succeeded +Pollexfen as Solicitor-General in 1689, as Attorney-General in the same +year, and as Lord Chief-Justice of the Common Pleas in 1692. + +[41] Edward Ward was called in 1670, and was engaged to assist Lord +Russell in his trial. He was a candidate for the office of Sheriff of +London in the famous election of 1683 (_ante_, pp. 3, 15). He refused a +judgeship at the Revolution; became Attorney-General in 1693, and Chief +Baron in 1695. He died in 1714. He was an ancestor of the late Mr. G. +Ward Hunt. + +[42] Sir Edward Nevill was called in 1658. He was knighted in 1681, on +presenting an address to Charles II. as Recorder of Bath. He became +Serjeant in 1684, and a Baron of the Exchequer in 1685. He was dismissed +six months afterwards for refusing to support the royal assumption of +the dispensing power. Fosse gives a striking extract from his evidence +before Parliament in 1689, to show how the power of the Executive was +actually brought to bear on the Stewart judges. He was restored to his +office after the Revolution, removed to the Common Pleas in 1691, and +died in 1705. + + + + +SPENCER COWPER AND OTHERS + + +Spencer Cowper,[43] a barrister; Ellis Stephens and William Rogers, +attorneys; and John Marston, a scrivener, were indicted at the Hertford +Summer Assizes in 1699 for the murder of Sarah Stout, on the 13th of the +previous March. They were tried at the same Assizes, before Baron +Hatsell,[44] on the 16th of July. + +The indictment alleged that they had murdered Sarah Stout by strangling +her, and had then thrown her body into the Priory River to conceal the +body. To this, all the prisoners pleaded Not Guilty. + +_Jones_ appeared for the prosecution; Cowper defended himself, and +practically the other prisoners as well. + +The prisoners agreed that Cowper's challenges should be taken to be the +challenges of all of them; and enough jurors were then challenged to +exhaust the panel. Accordingly, after some discussion, Jones was called +upon to show cause for his challenges. + + CLERK OF ARRAIGNS--Call Daniel Clarke. + + HATSELL, BARON--Mr. Jones, if you can say any juryman hath said + anything concerning the cause, and given his verdict by way of + discourse, or showed his affection one way or the other, that + would be good cause of challenge. + + JONES--My lord, then we should keep you here till to-morrow + morning. + + HATSELL, BARON--If there hath been any great friendship between + any juryman and the party, it will look ill if it is insisted + upon. + + COWPER--My lord, I do not insist upon it, but I profess I know + of no friendship, only that Mr. Clarke in elections hath taken + our interest in town; I know I have a just cause, and I am + ready to be tried before your lordship and any fair jury of the + county; therefore I do not insist upon it. + +A jury was then sworn, and _Jones_ opened the case for the prosecution. + + JONES--May it please your lordship, and you gentlemen that are + sworn, I am of counsel for the king in this cause, and it is + upon an indictment by which the gentlemen at the bar stand + accused for one of the foulest and most wicked crimes almost + that any age can remember; I believe in your county you never + knew a fact of this nature; for here is a young gentlewoman of + this county strangled and murdered in the night time. The thing + was done in the dark, therefore the evidence cannot be so plain + as otherwise might be. + + After she was strangled and murdered, she was carried down into + a river to stifle the fact, and to make it supposed she had + murdered herself; so that it was indeed, if it prove otherwise, + a double murder, a murder accompanied with all the + circumstances of wickedness and villainy that I remember in all + my practice or ever read of. + + This fact, as it was committed in the night time, so it was + carried very secret, and it was very well we have had so much + light as we have to give so much satisfaction; for we have + here, in a manner, two trials; one to acquit the party that is + dead, and to satisfy the world, and vindicate her reputation, + that she did not murder herself, but was murdered by other + hands. For my part, I shall never, as counsel in the case of + blood, aggravate; I will not improve or enlarge the evidence + at all; it shall be only my business to set the fact as it is, + and to give the evidence, and state it as it stands here in my + instructions. + + My lord, for that purpose, to lead to the fact, it will be + necessary to inform you, that upon Monday the 13th of March, + the first day of the last assizes here, Mr. Cowper, one of the + gentlemen at the bar, came to this town, and lighted at Mr. + Barefoot's house, and staid there some time, I suppose to dry + himself, the weather being dirty, but sent his horse to Mrs. + Stout's, the mother of this gentlewoman. Some time after he + came thither himself, and dined there, and staid till four in + the afternoon; and at four, when he went away, he told them he + would come and lodge there that night, and sup. + + According to his word he came there, and had the supper he + desired; after supper Mrs. Stout, the young gentlewoman, and he + sat together till near eleven o'clock. At eleven o'clock there + was orders given to warm his bed, openly to warm his bed in his + hearing. The maid of the house, gentlemen, upon this went up + stairs to warm his bed, expecting the gentleman would have come + up and followed her before she had done; but it seems, while + she was warming his bed, she heard the door clap together; and + the nature of that door is such, that it makes a great noise at + the clapping of it to, that any body in the house may be + sensible of any one's going out. The maid upon this was + concerned, and wondered at the meaning of it, he promising to + lie there that night; she came down, but there was neither Mr. + Cowper nor Mrs. Stout; so that we suppose, and for all that we + can find and learn, they must go out together. After their + going out, the maid and mother came into the room; and the + young gentlewoman not returning, nor Mr. Cowper, they sat up + all night in the house, expecting what time the young + gentlewoman would return. The next morning, after they had sat + up all night, the first news of this lady was, that she lay + floating and swimming in water by the mill dam. Upon that there + was several persons called; for it was a surprize how this + should come to pass. There she lay floating with her petticoats + and apron, but her night rail and morning gown were off, and + one of them not found till some time after; and the maid will + give you an account how it came to be found. + + This made a great noise in the country; for it was very + extraordinary, it happening that from the time the maid left + Mr. Cowper and this young gentlewoman together, she was not + seen or heard of till next morning, when she was found in this + condition, with her eyes broad open, floating upon the water. + + When her body came to be viewed, it was very much wondered at; + for in the first place, it is contrary to nature, that any + persons that drown themselves should float upon the water. We + have sufficient evidence, that it is a thing that never was; if + persons come alive into the water, then they sink; if dead, + then they swim; that made some more curious to look into this + matter. At first, it was thought that such an accident might + happen, though they could not imagine any cause for this woman + to do so, who had so great prosperity, had so good an estate, + and had no occasion to do an action upon herself so wicked and + so barbarous, nor cannot learn what reason she had to induce + her to such a thing. Upon view of the body, it did appear there + had been violence used to the woman; there was a crease round + her neck, she was bruised about her ear; so that it did seem as + if she had been strangled either by hands or a rope. + + Gentlemen, upon the examination of this matter, it was wondered + how this matter came about, it was dark and blind. The coroner + at that time, nor these people, had no evidence given, but the + ordinary evidence, and it passed in a day. We must call our + witnesses to this fact, that of necessity you must conclude she + was strangled, and did not drown herself. If we give you as + strong a proof as can be upon the nature of the fact, that she + was strangled, then the second matter under that enquiry will + be, to know who, or what persons, should be the men that did + the fact. I told you before, it was, as all wicked actions are, + a matter of darkness, and done in secret to be kept as much + from the knowledge of men as was possible. + + Truly, gentlemen, as to the persons at the bar, the evidence of + the fact will be very short, and will be to this purpose. + + Mr. Cowper was the last man unfortunately in her company; I + could wish he had not been so with all my heart; it is a very + unfortunate thing, that his name should upon this occasion be + brought upon the stage: but then, my lord, it was a strange + thing, here happens to be three gentlemen; Mr. Marson, Mr. + Rogers, and Mr. Stephens. As to these three men, my lord, I do + not hear of any business they had here, unless it was to do + this matter, to serve some interest or friend that sent them + upon this message; for, my lord, they came to town (and in + things of this nature it is well we have this evidence; but if + we had not been straightened in time, it would have brought + out more; these things come out slowly), these persons, Mr. + Stephens, Mr. Rogers, and Mr. Marson, came to town here on the + thirteenth of March last, the assize day. My lord, when they + came to town, they came to an house, and took lodgings at one + Gurrey's; they took a bed for two, and went out of their + lodging, having taken a room with a large bed in it; and + afterwards they went to the Glove and Dolphin, and then about + eight o'clock one Marson came to them there; in what company + they came, your lordship and the jury will know by and by; they + staid there, my lord, at the Glove from eight to eleven, as + they say. At eleven these three gentlemen came all into their + lodging together to this Gurrey's. My lord, when they came in, + it was very observable amongst them, unless there had been a + sort of fate in it, first, That they should happen to be in the + condition they were; and, secondly, fall upon the discourse + they did at that time; for, my lord, they called for fire, and + the fire was made them; and while the people of the house were + going about, they observed and heard these gentlemen talk of + Mrs. Sarah Stout; that happened to be their discourse; one said + to the other, Marson, she was an old sweetheart of yours: Ay, + saith he, but she cast me off, but I reckon by this time a + friend of mine has done her business. Another piece of + discourse was, I believe a friend of mine is even with her by + this time. They had a bundle of linen with them, but what it + was is not known, and one takes the bundle and throws it upon + the bed; well, saith he, her business is done, Mrs. Sarah + Stout's courting days are over; and they sent for wine, my + lord; so after they had drank of the wine they talked of it, + and one pulled out a great deal of money; saith one to + another, what money have you spent to-day? Saith the other, + thou hast had 40 or 50 pounds for thy share: Saith the other, I + will spend all the money I have, for joy the business is done. + + My lord, this discourse happened to be among them; which made + people of the house consider and bethink themselves; when the + next day they heard of this Mrs. Stout's being found in the + water, this made them recollect and call to mind all these + discourses. + + My lord, after these gentlemen had staid there all night, next + morning, truly, it was observed (and I suppose some account + will be given of it) that Mr. Cowper and they did meet + together, and had several discourses, and that very day went + out of town; and I think as soon as they came to Hoddesden, + made it all their discourse and business to talk of Mrs. Stout. + My lord, we will call our witnesses, and prove all these facts + that I have opened to your lordship; and then I hope they will + be put to give you some account how all these matters came + about. + + +_Call Sarah Walker_ (_who was sworn_). + + JONES--Mrs. Walker, pray give an account to my lord and the + jury, of Mr. Cowper's coming to your house the 13th of March, + and what was done from his coming there at night to his going + out? + + WALKER--May it please you, my lord, on Friday before the last + assizes, Mr. Cowper's wife sent a letter to Mrs. Stout, that + she might expect Mr. Cowper at the assize time; and therefore + we expected Mr. Cowper at that time, and accordingly provided; + and as he came in with the judges, she asked him if he would + alight? He said no; by reason I come in later than usual, I + will go into the town and show myself, but he would send his + horse presently. She asked him, how long it would be before he + would come, because they would stay for him? He said, he could + not tell, but he would send her word; and she thought he had + forgot, and sent me down to know, whether he would please to + come? He said, he had business, and he could not come just + then; but he came in less than a quarter of an hour after, and + dined there, and he went away at four o'clock: and then my + mistress asked him, if he would lie there? And he answered yes, + and he came at night about 9; and he sat talking about half an + hour, and then called for pen, ink and paper, for that, as he + said, he was to write to his wife; which was brought him, and + he wrote a letter; and then my mistress went and asked him, + what he would have for supper? He said milk, by reason he had + made a good dinner; and I got him his supper, and he eat it; + after she called me in again, and they were talking together, + and then she bid me make a fire in his chamber; and when I had + done so, I came and told him of it, and he looked at me, and + made me no answer; then she bid me warm the bed, which + accordingly I went up to do as the clock struck eleven, and in + about a quarter of an hour I heard the door shut, and I thought + he was gone to carry the letter, and staid about a quarter of + an hour longer, and came down, and he was gone and she; and + Mrs. Stout the mother asked me the reason why he went out when + I was warming his bed? and she asked me for my mistress, and I + told her I left her with Mr. Cowper, and I never saw her after + that nor did Mr. Cowper return to the house. + +She sat up all night; she next saw Sarah Stout when she had been taken +out of the water the next morning. On being pressed, she was certain +that it was a quarter after eleven by their clock when Cowper left the +house; their clock was half an hour faster than the town clock. + + COWPER--Pray, what account did you give as to the time before + my lord chief-justice Holt? + + WALKER--I gave the account that it was eleven, or quarter of an + hour after. + + COWPER--In her depositions there is half an hour's difference; + for then she said it was half an hour after ten. + + HATSELL, BARON--Which clock was earliest, yours or the town + clock? + + WALKER--Ours was half an hour faster than theirs. + + COWPER--How came you to know this? + + WALKER--By reason that dinner was dressed at the cook's, and it + was ordered to be ready by two o'clock, and it was ready at two + by the town clock, and half an hour after two by ours. + + COWPER--When you came down and missed your mistress, did you + enquire after her all that night? + + WALKER--No, Sir, I did not go out of the doors; I thought you + were with her, and so I thought she would come to no harm. + + COWPER--Here is a whole night she gives no account of. Pray, + mistress, why did not you go after her? + + WALKER--My mistress would not let me. + + COWPER--Why would she not let you? + + WALKER--I said I would see for her? No, saith she, by reason if + you go and see for her, and do not find her, it will make an + alarm over the town, and there may be no occasion. + + COWPER--Did your mistress use to stay out all night? + + WALKER--No, never. + + COWPER--Have not you said so? + + WALKER--I never said so in my life. + + COWPER--Pray, Mrs. Walker, did you never take notice that your + mistress was under melancholy? + + WALKER--I do not say but she was melancholy; she was ill for + some time; and I imputed it to her illness, and I know no other + cause. + + COWPER--Have you not often told people that your mistress was a + melancholy person, upon your oath? + + WALKER--I have said she hath been ill, and that made her + melancholy. + +The witness admitted that she had bought poison twice within the last +six months; she bought it at her own instance, and not at the order of +Mrs. Stout, or of Mrs. Crooke. She asked for white mercury. She bought +it to poison a dog with; the dog used to come about the house and do +mischief. It was another maid who gave it to the dog; she swore at the +inquest that she had given it because she had seen it given; it was +given in warm milk which did not seem discoloured. + + HATSELL, BARON--You said just now your mistress was ill, and + that made her melancholy; what illness was it? + + WALKER--My lord, she had a great pain in her head. + + HATSELL, BARON--How long had she been troubled with it? + + WALKER--Ever since last May was twelve months was the beginning + of it. + + JONES--Did you ever find her in the least inclined to do + herself a mischief? + + WALKER--No, I never did. + + COWPER--You bought poison twice, did you give all the poison + you bought to the dog? + + WALKER--Yes. + + COWPER--The first and the last? + + WALKER--Yes, the whole. + + COWPER--How much did you buy? + + WALKER--I am not certain how much I bought. + + COWPER--Pray, what mischief did it do the dog? + + WALKER--I cannot tell, he may be alive till now for aught I + know. + + COWPER--What mischief did the dog do? + + WALKER--A great deal, he threw down several things and broke + them. + + JONES--Did Mr. Cowper, upon your oath, hear Mistress Stout give + you order to make his fire, and warm his bed? + + WALKER--He knows best, whether he heard it or no; but he sat by + her when she spake it. + + JONES--Did she speak of it so as he might hear? + + WALKER--Yes, she did; for he was nearer than I. + + JONES--And did not he contradict it? + + WALKER--Not in the least. + + JONES--Was it the old or young woman that gave you the order? + + WALKER--The young woman. + + COWPER--Pray did the dog lap it, or did you put it down his + throat, upon your oath? + + WALKER--No, he lapt it, upon my oath. + + JONES--Did Mr. Cowper send for his horse from your house the + next day? + + WALKER--I cannot say that; I was not in the way. + + JONES--Did he come to your house afterwards? + + WALKER--No, I am sure he did not. + + JONES--Was the horse in your stable when it was sent for? + + WALKER--Yes, sir. + + JONES--And he did not come to your House again, before he went + out of town? + + WALKER--No, sir. + + JONES--Do you know which way he went out of town? + + WALKER--No, Sir. + + HATSELL, BARON--Did Mr. Cowper use to lodge at your house at + the assizes? + + WALKER--No, my lord, not since I came there; the sessions + before he did. + + COWPER--Where did you come to invite me to dinner? + + WALKER--At Mr. Barefoot's. + + COWPER--Then you knew I was to lodge there? + + HATSELL, BARON--Who wrote the letter on Friday, that Mr. Cowper + would lodge there? + + WALKER--I know not who wrote it, his wife sent it. + + JONES--Did he tell you he would lodge there that night before + he went away? + + WALKER--When he went from dinner he said so. + +_James Berry_ could not remember exactly which day it was that Sarah +Stout was found in his mill; but he went out at six o'clock to shoot a +flush of water and saw something floating in the water, and on going to +see what it was, saw that it was part of her clothes. He did not see her +face; no part of her body was above the water, only part of her clothes. +The water might be about five foot deep and she might be about five or +six inches under the water. She lay upon her side; when she was taken +out her eyes were open. + + JONES--Was she swelled with water? + + BERRY--I did not perceive her swelled; I was amazed at it; and + did not so much mind it as I should. + + JONES--But you remember her eyes were staring open? + + BERRY--Yes. + + JONES--Did you see any marks or bruises about her? + + BERRY--No. + + COWPER--Did you see her legs? + + BERRY--No, I did not. + + COWPER--They were not above the water? + + BERRY--No. + + COWPER--Could you see them under the water? + + BERRY--I did not so much mind it. + + COWPER--Did she lie straight or double, driven together by the + stream? + + BERRY--I did not observe. + + COWPER--Did you not observe the weeds and trumpery under her? + + BERRY--There was no weeds at that time thereabouts. + + JONES--Was the water clear? + + BERRY--No, it was thick water. + + JONES--Was there anything under her in the water to prevent her + sinking? + + BERRY--No, I do not know there was; she lay on her right side, + and her right arm was driven between the stakes, which are + within a foot of one another. + + JONES--Did anything hinder her from sinking? + + BERRY--Not that I saw. + + COWPER--Mr. Berry, if I understand you right, you say her arm + was driven between the stakes, and her head between the stakes; + could you perceive her right arm, and where was her left arm? + + BERRY--Within a small matter upon the water. + + HATSELL, BARON--Did you see her head and arm between the + stakes? + + BERRY--Yes, her arm by one stake and her head by another. + + JONES--Did her arm hang down or how? + + BERRY--I did not mind so much as I might have done. + +_John Venables_ and _Leonard Dell_ corroborated Berry's account of the +position of the body, the latter asserting that the right arm did not +reach to the ground. _Dell_ also helped to carry the body to land, but +saw no bruises. + + HATSELL, BARON--When you took her out of the water, did you + observe her body swelled? + + DELL--We carried her into the meadow, and laid her on the + bank-side, and there she lay about an hour, and then was + ordered to be carried into the miller's. + + HATSELL, BARON--Did you observe that any water was in the body? + + DELL--None at all that I could see; but there was some small + matter of froth came from her mouth and nostrils. + + JURYMAN--My lord, I desire to know whether her stays were + laced. + + DELL--Yes, she was laced. + + COWPER--How was she taken out of the water? + + DELL--My lord, we stood upon the bridge, I and another man, + where she lay, and he laid hold of her and took her out. + + JONES--And did you not perceive she was hung? + + DELL--No, my lord. + +_John Ulfe_ saw Mrs. Stout when she was taken out of the water; she lay +there on one side; there was nothing at all to hold her up; she lay +between a couple of stakes, but the stakes could not hold her up. + +_Katherine Dew, Edward Blackno, William Edmunds, William Page, William +How, and John Meager_ all gave the same account of the position and +state of the body, Dew and Ulfe adding that her shoes and stockings were +not muddy. + + JONES--Now, my lord, we will give an account how she was when + she was stript, and they came to view the body. Call John + Dimsdale, junior. (Who was sworn.) + + DIMSDALE--My lord, I was sent for at night on Tuesday the last + assizes. + + COWPER--My lord, if your lordship pleases, I have some + physicians of note and eminency that are come down from London; + I desire that they may be called into Court to hear what the + surgeons say. + + HATSELL, BARON--Ay, by all means. + + COWPER--My lord, there is Dr. Sloane, Dr. Garth, Dr. Morley, + Dr. Gilstrop, Dr. Harriot, Dr. Wollaston, Dr. Crell, Mr. + William Cowper, Mr. Bartlett, and Mr. Camlin. [Who respectively + appeared in Court.] + + JONES--Give an account how you found Mrs. Stout. + + HATSELL, BARON--You are a physician, I suppose, Sir? + + DIMSDALE[45]--A surgeon, my lord. When I was sent for to Mrs. + Stout's, I was sent for two or three times before I would go; + for I was unwilling after I heard Mrs. Stout was drowned; for I + thought with myself, what need could there be of me when the + person was dead? but she still sent; and then I went with Mr. + Camlin, and found a little swelling on the side of her neck, + and she was black on both sides, and more particularly on the + left side, and between her breasts up towards the collar-bone; + and that was all I saw at that time, only a little mark upon + one of her arms, and I think upon her left arm. + + JONES--How were her ears? + + DIMSDALE--There was a settling of blood on both sides the neck, + that was all I saw at that time. + + JONES--How do you think she came by it? + + DIMSDALE--Truly I only gave an account just as I say now to the + gentlemen at that time, I saw no more of it at that time, but + about six weeks after the body was opened by Dr. Phillips---- + + COWPER--My lord, he is going to another piece of evidence and I + would ask him---- + + JONES--Let us have done first; how was her ears? + + DIMSDALE--There was a blackness on both ears, a settling of + blood. + + JONES--Call Sarah Kimpson. + + HATSELL, BARON--Mr. Cowper, now you may ask him anything, they + have done with him. + + COWPER--I would ask him, whether he was not employed to view + these particular spots he mentions at the Coroner's inquest? + + DIMSDALE--I was desired to look upon the face and arms, and + breast, because they said there was a settling of blood there. + + COWPER--When you returned to the Coroner's inquest, what did + you certify as your opinion? + + DIMSDALE--I did certify that there was a settling of blood; but + how it came I could not tell. + + COWPER--I ask you, Sir, did not you say it was no more than a + common stagnation usual in dead bodies? + + DIMSDALE--I do not remember a word of it. + + COWPER--Sir, I would ask you; you say the spot was about the + collar-bone; was it above or below? + + DIMSDALE--From the collar-bone downwards. + + COWPER--Had she any circle about her neck? + + DIMSDALE--No; not, upon my oath. + +_Sarah Kimpson_ saw the body examined; she saw a great bruise behind +the ear, as big as her hand, and another under her collar-bone. + + JONES--Did you see nothing about her neck? + + KIMPSON--Nothing round her neck; on the side of her neck there + was a mark. + + JONES--Was there any other part bruised? + + KIMPSON--Only her left wrist, and her body was very flat and + lank. + +She saw the body the day it was found; it was not swollen; she did not +see any water about it. She had seen a child which was drowned in the +same place about ten weeks before; it was drowned at night and found the +next morning; it was found at the bottom of the river, the eyes were +shut, and the body was very much swelled. + +_Sarah Peppercorn_ saw the body of Sarah Stout when it was brought to +Mrs. Stout's house. She saw bruises on the head and near the ear. Mrs. +Stout asked her whether her daughter had been with child, and she said +she had not; she was a midwife. + + +_Elizabeth Husler_ was sworn. + + JONES--Had you the view of the body of Mrs. Sarah Stout the day + you heard she was drowned? + + HUSLER--She was not drowned, my lord; I went thither and helped + to pull off her clothes. + + JONES--In what condition was her body? + + HUSLER--Her body was very lank and thin, and no water appeared + to be in it. + +There was no water about her mouth and nose; there were bruises at the +top of the collar-bone and upon both her ears. + +_Ann Pilkington_ saw the body, and gave the same evidence as to its +general condition as the other witnesses. + + COWPER--Had she any circle about her neck? + + PILKINGTON--No, not that I did see. + + COWPER--Pray, did you not make some deposition to that purpose + that you know of? + + PILKINGTON--Sir, I never did, and dare not do it. + + COWPER--It was read against me in the King's Bench, and I will + prove it; was not Mr. Mead with you at the time of your + examination? + + PILKINGTON--Yes. + + COWPER--Did he not put in some words, and what were they? + + PILKINGTON--Not that I know of. + + COWPER--But you never swore so, upon your oath? + + PILKINGTON--No, I do not believe I did; if I did it was + ignorantly. + + JONES--Here is her examination, it is 'cross her neck.' + +_Mr. Coatsworth_, a surgeon, was called and deposed that in April he had +been sent for, by Dr. Phillips, to come to Hertford to see the body of +Mrs. Stout, who had been six weeks buried. Various parts of the body +were examined; the woman had not been with child; the intestines and +stomach were full of air, but there was no water in them, or the breast, +or lobes of the lungs; there was no water in the diaphragm. + + Then I remember I said, this woman could not be drowned, for if + she had taken in water, the water must have rotted all the + guts; that was the construction I made of it then; but for any + marks about the head or neck, it was impossible for us to + discover it, because they were so rotten. + +The inspection was made on the 28th of April, and the woman was drowned +on the 13th of March. The doctor had offered to examine the skull, to +see if it had been injured, 'but they did not suspect a broken skull in +the case, and we did not examine it.' All the other parts were sound. + + JONES--Call John Dimsdale. + + COWPER--My lord, I would know, and I desire to be heard to this + point; I think where the Coroner's inquest have viewed the + body, and the relations have been heard, and the body buried, + that it is not to be stirred afterwards for any private + inspection of parties, that intend to make themselves + prosecutors; but if it is to be taken up, it is to be done by + some legal authority; for if it should be otherwise, any + gentleman may be easily trepanned: for instance, if they should + have thought fit, after the Coroner's view, to have broken the + skull into a hundred pieces, this was a private view altogether + among themselves. Certainly, if they intended to have + prosecuted me, or any other gentleman upon this evidence, they + ought to have given us notice, that we might have had some + surgeons among them, to superintend their proceedings. My lord, + with submission, this ought not to be given in evidence. + + HATSELL, BARON--Mr. Cowper, I think you are not in earnest; + there is no colour for this objection: if they did take up the + body without notice, why should not that be evidence? unless + you think they had a design to forswear themselves. + + COWPER--Had you a _Melius Inquirendum_, or any lawful warrant + for making this inspection? + + COATSWORTH--No, there was not. + + HATSELL, BARON--Suppose they did an ill thing in taking up the + body without some order, though I do not know any more ill in + taking up that body than any other; but, however, is that any + reason why we should not hear this evidence? + + COATSWORTH--Mr. Camblin, sir Wm. Cowper's surgeon, was there + by. + +_Mr. Dimsdale, senior_, a surgeon, was sworn and deposed that he had +been sent for on the 28th of April by Mrs. Stout, to view the body of +her daughter. + + Finding her head so much mortified, down to her neck, we + thought all the parts were seized, and had a consultation, + whether we should open her or not; but Mrs. Stout was very + enraged, because a great scandal had been raised, that her + daughter was with child; and she said she would have her opened + to clear her reputation. + +The body was examined, with the same result that the other witness had +described, no water being found either in the stomach or the lungs. + + After this we had a consultation, to consider whether she was + drowned or not drowned; and we were all of opinion that she was + not drowned; only Mr. Camblin desired he might be excused from + giving his opinion whether she was drowned or not; but all the + rest of us did give our opinions that she was not drowned. + +The grounds for this opinion were the absence of water from the lungs +and intestines; and this was a sign which would show whether she had +been drowned or not weeks after her death. In answer to Cowper he +admitted that he had never seen a body opened which had been drowned six +weeks. If a body had been drowned a fortnight, the bowels would be so +rotten that it would be impossible to come near it. + +_John Dimsdale, junior_, believed that the body had not been drowned, +and signed a certificate to that effect after looking at the body; he +believed it, because he found no water in the body. He had seen the +child that was drowned the morning after it was drowned, and had found +abundance of water in the body then. + +_Dr. Dimsdale_ saw the body after it was opened, and on finding no water +in the thorax or abdomen, signed the certificate. Had the woman been +drowned he would have expected to find water in the thorax. + + COWPER--Is it possible there should be water in the thorax + according to your skill? + + DIMSDALE--Yes, we did think there would have been, if she had + been drowned. + +He would have expected to find traces of it after six weeks. + + COWPER--Pray by what passage does the water go into the thorax? + + DIMSDALE--It will be very difficult for me to describe the + manner here; but we should have found some in the stomach and + intestines. + + COWPER--Pray, sir, how should it go into the thorax? + + DIMSDALE--By the lymphaeduct, if carried by any means. + +No water would come into a body after it was dead, but he questioned +whether or not it might come into the windpipe. + + COWPER--Sir, I would ask you, was you not angry that Mr. + Camblin would not join with you in opinion? + + DIMSDALE--No. + + COWPER--Did you not tell him that you were a graduate + physician, and was angry he would not join you? + + DIMSDALE--Suppose I did? + + HATSELL, BARON--But did you so or no? + + DIMSDALE--Yes, my lord, we had some words about it. + + JONES--Swear Dr. Coatsworth. (Which was done.) Now, my lord, we + call these gentlemen that are doctors of skill, to know their + opinions of them that are found floating without water in + them, how they came by their death. + + DR. COATSWORTH--I have not seen many drowned bodies to make + observation upon; but it is my opinion, that every body that is + drowned, is suffocated by water passing down the windpipe into + the lungs upon respiration; and at the same time, the water + pressing upon the gullet, there will be a necessity of + swallowing a great part of it into the stomach; I have been in + danger of being drowned myself, and I was forced to swallow a + great quantity of water. If a person was drowned, and taken out + immediately, as soon as the suffocation was effected, I should + not wonder if there were but little water in the stomach and + guts; but if it lay in the water several hours, it must be very + strange if the belly should not be full of water; but I will + not say, it is impossible it should be otherwise. + + COWPER--I desire to know, whether this gentleman attempted to + drown himself, or was in danger of being drowned by accident? + + DR. COATSWORTH--It was by accident: I was passing up the + ship-side, and took hold of a loose rope instead of the + entering rope, which failing me, I fell into the water. + + COWPER--But you struggled to save yourself from drowning? + + DR. COATSWORTH--I did so; I have seen several persons that have + been drowned, and they have lain several days, until by + fermentation they have been raised; but I never made my + observations of any persons that have been drowned above six + hours. + + JONES--Did you ever hear of any persons that, as soon as they + were drowned, had swam above water? + + DR. COATSWORTH--I have not known such a case. + + COWPER--Did you ever know, Sir, a body that was otherwise + killed, to float upon the water? + + DR. COATSWORTH--I never made any observation of that. + + HATSELL, BARON--Dr. Browne has a learned discourse, in his + _Vulgar Errors_, upon this subject, concerning the floating of + dead bodies; I do not understand it myself, but he hath a whole + chapter about it.[46] + + +_Then Dr. Nailor was sworn._ + + JONES--We ask you the same question that Dr. Coatsworth was + asked, What is your opinion of dead bodies? If a body be + drowned, will it have water in it or no? + + DR. NAILOR--My lord, I am of opinion, that it will have a + quantity if it be drowned; but if there be no water in the + body, I believe that the person was dead before it was put into + the water. + + COWPER--I would ask the doctor one question, my lord, Whether + he was not a constant voter against the interest of our family + in this corporation? + + DR. NAILOR--I never did come to give a vote but sir William + Cowper, or his son, opposed me, and said I had no right to + vote. + + COWPER--I would have asked the same question of the Dimsdales, + if I had remembered it; they are of another party, as this + gentleman is. + + HATSELL, BARON--It is not at all material, as they are + witnesses. Then call Mr. Babington. (Who was sworn.) + + JONES--Pray, what is your opinion of this matter? + + BABINGTON--I am of opinion, that all bodies that go into the + water alive and are drowned, have water in them, and sink as + soon as they are drowned, and do not rise so soon as this + gentlewoman did. + + COWPER--Pray, what is your profession, Sir? + + BABINGTON--I am a surgeon. + + COWPER--Because Mr. Jones called you doctor. + + HATSELL, BARON--Did you ever see any drowned bodies? + + BABINGTON--Yes, my lord, once I had a gentlewoman a patient + that was half an hour under water, and she lived several hours + after, and in all that time she discharged a great quantity of + water; I never heard of any that went alive into the water, and + were drowned, that floated so soon as this gentlewoman did; I + have heard so from physicians. + + HATSELL, BARON--I have heard so too, and that they are forced + to tye a bullet to dead bodies thrown into the sea, that they + might not rise again. + + COWPER--The reason of that is, that they should not rise again, + not that they will not sink without it. But I would ask Mr. + Babington, whether the gentlewoman he speaks of went into the + water voluntarily, or fell in by accident? + + BABINGTON--By accident, but I believe that does not alter the + case. + +_Dr. Burnet_ was called, and expressed an opinion that if a person +jumped into the water or fell in by accident they would swallow and +inhale water as long as they were alive, but not afterwards; and that +they would sink. + +_Dr. Woodhouse_ expressed the same opinion. If a person had swallowed +water in drowning, signs of it would be visible some time afterwards. + + JONES--Call Edward Clement. (Who was sworn.) Are not you a + seaman? + + CLEMENT--Yes, Sir. + + JONES--How long have you been so? + + CLEMENT--Man I have writ myself but six years, but I have used + the sea nine or ten years. + + JONES--Have you known of any men that have been killed, and + thrown into the sea, or who have fallen in and been drowned? + Pray tell us the difference as to their swimming and sinking. + + CLEMENT--In the year '89 or '90, in Beachy fight, I saw several + thrown overboard during the engagement, but one particularly I + took notice of, that was my friend, and killed by my side; I + saw him swim for a considerable distance from the ship; and a + ship coming under our stern, caused me to lose sight of him, + but I saw several dead bodies floating at the same time; + likewise in another engagement, where a man had both his legs + shot off, and died instantly, they threw over his legs; though + they sunk, I saw his body float: likewise I have seen several + men who have died natural deaths at sea, they have when they + have been dead had a considerable weight of ballast and shot + made fast to them, and so were thrown overboard; because we + hold it for a general rule, that all men swim if they be dead + before they come into the water; and on the contrary, I have + seen men when they have been drowned, that they have sunk as + soon as the breath was out of their bodies, and I could see no + more of them. For instance, a man fell out of the _Cornwall_, + and sunk down to rights, and seven days afterwards we weighed + anchor, and he was brought up grasping his arm about the cable, + and we have observed in several cases, that where men fall + overboard, as soon as their breath is out of their bodies they + sink downright; and on the contrary, where a dead body is + thrown overboard without weight, it will swim. + + JONES--You have been in a fight; how do bodies float after a + battle? + + CLEMENT--Men float with their heads just down, and the small of + their back and buttocks upwards; I have seen a great number of + them, some hundreds in Beachy-head fight, when we engaged the + French. I was in the old _Cambridge_ at that time. I saw + several (what number I will not be positive, but there were a + great number, I cannot guess to a score) that did really swim, + and I could see them float for a considerable distance. + + JONES--Have you seen a shipwreck? + + CLEMENT--Yes; the _Coronation_, in September 1691. I was then + belonging to the _Dutchess_, under the command of captain + Clement; we looked out and see them taking down their masts; we + saw the men walking up and down on the right side, and the ship + sink down, and they swam up and down like a shoal of fish one + after another; and I see them hover one upon another and see + them drop away by scores at a time; and there was an account of + about nineteen that saved themselves, some by boats, and others + by swimming; but there were no more saved out of the ship's + complement, which was between five and six hundred, and the + rest I saw sinking downright, some twenty at a time. There was + a fisherman brought our captain word, that in laying in of his + nets he drew up some men close under the rocks that were + drowned belonging to the _Coronation_. We generally throw in + bags of ballast with them. + + JONES--I suppose all men that are drowned, you sink them with + weights? + + CLEMENT--Formerly shot was allowed for that purpose; there used + to be threescore weight of iron, but now it is a bag of ballast + that is made fast to them. + + JONES--Then, you take it for a certain rule, that those that + are drowned sink, but those that are thrown overboard do not? + + CLEMENT--Yes; otherwise why should the government be at that + vast charge to allow threescore or fourscore weight of iron to + sink every man, but only that their swimming about should not + be a discouragement to others? + + +_Then Richard Gin was sworn._ + + JONES--You hear the question; pray what do you say to it? + + GIN--I was at sea a great while, and all the men that I see + turned overboard had a great weight at their heels to sink + them. + + JONES--Then will they swim otherwise? + + GIN--So they say. + + JONES--Are you a seaman? + + GIN--I went against my will in two fights. + + JONES--Then, gentlemen of the jury, I hope we have given you + satisfaction that Mrs. Stout did not drown herself, but was + carried into the water after she was killed. That was the first + question; for if it be true that all dead bodies when they are + put into the water do swim, and the bodies that go alive into + the water and are drowned do sink, this is sufficient evidence + that she came by her death not by drowning, but some other way. + Now, my lord, as to the second matter, and that is to give such + evidence as we have against these gentlemen at the bar. Mr. + Cowper, it appears, was the last man that any one give an + account of was in her company. What became of her afterwards, + or where they went, nobody can tell; but the other witnesses + have given you evidence that he was the last man that was with + her. I shall only give this further evidence as to Mr. Cowper, + that notwithstanding all the civility and kindnesses that + passed between him and this family, when the bruit and noise of + this fact was spread abroad, Mr. Cowper did not come to + consider and consult with old Mrs. Stout what was to be done; + but he took no manner of notice of it, and the next day he rode + out of town, without further taking notice of it. Call _George + Aldridge_ and _John Archer_. + + +_John Archer was sworn._ + + JONES--Do you know anything of Mr. Cowper's going out of town + about this business of Mrs. Stout's being drowned? + + ARCHER--Yes, I did see him go out of town afterwards. + + JONES--Which way did he go? + + ARCHER--He went the way back from the Glove; I suppose he came + that way. + + COWPER--What day was it I went? Is it not the way that I used + to go when I go the Circuit into Essex? + + ARCHER--Yes, I believe so. + + COWPER--I lodged at Mr. Barefoot's, and he has a back-door to + the Glove, where my horse was, and I went the direct way into + Essex, and it was Wednesday morning: What day was it you see me + go? + + ARCHER--It was on the Wednesday morning. + + COWPER--That was the very day I went into Essex. + + +_Then George Aldridge was sworn._ + + JONES--When did Mr. Cowper go out of town the last assizes? + + ALDRIDGE--On Wednesday. + + JONES--Which way did he go? + + ALDRIDGE--He went the way to Chelmsford. + + JONES--Did you not fetch his horse from Stout's? + + ALDRIDGE--Yes, sir. + + JONES--How often did you go for it? + + ALDRIDGE--Three times. + + JONES--When? + + ALDRIDGE--On Tuesday night I sent once, and went twice myself; + the first time there was nobody at home to deliver the horse; + so I went to Mr. Stout's, and asked him about the horse, and he + said he could not deliver him till the maid went home; and then + I went about eleven o'clock and had the horse. + + HATSELL, BARON--Was it eleven at night? + + ALDRIDGE--Yes, my lord. + + COWPER--When I sent you to fetch my horse, what directions did + I give you? + + ALDRIDGE--You gave me directions to fetch your horse, because + you said you should have occasion to go out next morning + betimes with the judge. + + COWPER--The reason I sent for my horse was this; when I heard + she had drowned herself, I think it concerned me in prudence to + send a common hostler for him, for fear the lord of the manor + should seize all that was there as forfeited.[47] + + HATSELL, BARON--There was no danger of that, for she was found + _Non compos mentis_. + + COWPER--No, my lord, I sent before the verdict. + + JONES--It seems you did not think fit to go and take horse + there yourself, though you put your horse there. + + Now, my lord, we will go on, and give the other evidence that + we opened concerning these three other gentlemen that came to + town; two of them took lodgings at Gurrey's at five in the + afternoon, but did not come in till between eleven and twelve, + and then they brought another in with them; and though he had + been in town five or six hours, his feet were wet in his shoes, + and his head was of a reeky sweat; he had been at some hard + labour I believe, and not drinking himself into such a sweat. + + Call _John Gurrey_, _Matthew Gurrey_, and _Elizabeth Gurrey_. + + +_John Gurrey was sworn._ + + JONES--Do you know any of the gentlemen at the bar? + + J. GURREY--Yes. + + JONES--Name who you know. + + J. GURREY--There is Mr. Stephens, Mr. Rogers, and Mr. Marson. + + JONES--Pray do you remember when they took lodging at your + house? + + J. GURREY--The last assizes; when they first came, there was + only Mr. Stephens and Mr. Rogers. + + JONES--At what time did they take it? + + J. GURREY--I was at church, and cannot tell that, they hired + the lodgings of my wife. + + JONES--What can you say more? + + J. GURREY--I was in at night when they came; there came three + of them at eleven at night, whereof Mr. Marson was the third + person and he said he was destitute of a lodging and he asked + for a spare bed; my wife told him she had one, but had let it; + whereupon Mr. Stevens and Mr. Rogers said he should lodge with + them; so they went up altogether, and they called for a fire to + be kindled, and asked for the landlord, which was I, and they + asked me to fetch a bottle of wine, and I told them I would + fetch a quart, which I did, and then they asked me to sit down + and drink with them, which I did; and then they asked me if one + Mrs. Sarah Stout did not live in the town, and whether she was + a fortune? I said Yes. Then they said they did not know how to + come to the sight of her; and I said I would shew them her + to-morrow morning, not questioning but I might see her sometime + as she was coming down the street; so they said they would go + to see her. Mr. Rogers and Mr. Stephens charged Mr. Marson with + being her old sweet-heart; saith Mr. Marson, she hath thrown me + off, but a friend of mine will be even with her by this time. + + HATSELL, BARON--What o'clock was it then? + + J. GURREY--I reckon eleven of the clock when they came in. + + HATSELL, BARON--Did you observe in what condition Mr. Marson + was in? + + J. GURREY--I did not observe, only that he was hot, and put by + his wig; I see his head was wet, and he said he was just come + from London, and that made him in such a heat. + + JONES--Had he shoes or boots on? + + J. GURREY--I did not observe that. + + JONES--What did they do the next day? + + J. GURREY--The next morning I heard this party was in the + water; I sat up all night, and was fain to wait till my + daughter came down to look after the shop; and then I went to + see her, and she removed into the barn, and they were wiping + her face, closing her eyes, and putting up her jaws; and as I + came back these persons were walking, and I met Mr. Marson and + Mr. Stephens, and told them the news; said I, this person has + come to a sad accident: say they, so we hear; but nevertheless + we will be as good as our word, and go and see her. I went with + them and overtook Mr. Rogers; and Marson said we are going to + see Mrs. Stout. 'O landlord!' said Rogers, 'you may take up + that rogue' (pointing at Mr. Marson) 'for what he said last + night'; but I did not think, they speaking so jocularly, that + there was any suspicion of their being concerned in the murder. + A second time I went, the barn-door was locked; I knocked, and + they opened it, and let us in, and they uncovered her face to + let me see her, and I touched her; and looking about for them + they were gone, and I cannot say they see her or touched her: + Then Mr. Marson and they were consulting how to send a + great-coat to London, and I directed them to a coachman at the + Bell-inn; but I did not hear he went to enquire after the + coachman; then they went to your lordship's chamber, and I went + home; and about eleven o'clock I saw Mr. Marson and Mr. + Stephens coming down with Mr. Spencer Cowper. + + MARSON--I did not go out that night after I came in. + + JONES--No; we agree that. Did you see Mr. Cowper and these + gentlemen together? + + J. GURREY--Only at eleven o'clock on Tuesday noon, Mr. Cowper, + Mr. Marson, and Mr. Stephens were coming down to the market + place. + + JONES--Did not they take their leave of you when they went away + from you that forenoon? + + J. GURREY--No; only in the morning they told me they would send + me word at noon if they intended to lodge there. + + MARSON--I desire to know of Mr. Gurrey, if his sister was not + in the room when we came in? + + J. GURREY--She was in our house that day; but whether when they + came in I cannot tell. + + COWPER--Pray, have you not had some discourse with your sister, + the widow Davis, concerning some suspicion that you had of + Sarah Walker, that hath been produced as a witness? + + J. GURREY--I do not remember any such. + + COWPER--Then did not you say these words, We must not concern + ourselves with Sarah Walker, for she is the only witness + against the Cowpers? + + J. GURREY--I cannot remember any such thing. + + HATSELL, BARON--You may answer according to the best of what + you remember; if you say you have forgot when you have not, you + are forsworn. + + COWPER--If your lordship pleases to give leave to Mr. Gurrey to + recollect himself, I ask him, Whether he did not talk with his + sister Davis about some suspicion his wife and he had about + Sarah Walker, the maid-servant of the deceased? + + J. GURREY--I believe there might be some talk of a person that + was seen to go into the churchyard at some distance with Sarah + Walker. + + COWPER--Did your wife say that she did suspect that person? + + J. GURREY--Yes. + + COWPER--Did your wife say they behaved themselves strangely, + and that she would have persuaded the widow Blewit to have + watched her? + + J. GURREY--There was something of that. + + COWPER--Was there not some such words, that they must not + meddle with Sarah Walker, for she is the witness against the + Cowpers? + + J. GURREY--I said, Do not concern yourself with Sarah Walker, + for fear of taking off her evidence. + + COWPER--Pray did not the widow Davis warm the sheets for these + gentlemen? + + J. GURREY--She was with my wife, but I cannot say whether she + warmed the sheets. + + COWPER--When they came home, had you any lodgers that wanted to + come home? Had not you one Gape? + + J. GURREY--I cannot say whether he was in before or after them. + + COWPER--Did not you say to your sister Davis, Now these + gentlemen are in bed, if Mr. Gape would come home, our family + would be quiet? + + J. GURREY--I do not remember that. + + COWPER--Pray, did not you go to look for Mr. Gape? + + J. GURREY--Yes, I went to Hockley's. + + COWPER--Who did you employ to speak to Mr. Gape? + + J. GURREY--Mrs. Hockley. + + COWPER--When you came home to your own house, and after you + had been at Hockley's to speak with Mr. Gape, what account did + you give of the time of night, and other particulars? + + J. GURREY--I gave no account of the time. + + COWPER--Not to Mrs. Davis? + + J. GURREY--I cannot tell whether I did or no. + + COWPER--Did not you say, Mr. Gape asked Mrs. Hockley what + a-clock it was? + + J. GURREY--No, I do not remember that; but Mrs. Hockley went + in, and told him what time of night it was; it was eleven or + twelve of the clock, which I cannot say. + + JONES--Call Martha Gurrey. (Who was sworn.) Which of these + gentlemen do you know? + + MRS. GURREY--Mr. Marson, Mr. Rogers, and Mr. Stephens. + + JONES--What time of the night was it when they came to your + house? give an account of it, and what you heard them say. + + MRS. GURREY--It was a little after five, or thereabouts that + they came. + + JONES--Who came? + + MRS. GURREY--Mr. Stephens, and Mr. Rogers, and there was one + Mr. Gilbert, that married a first cousin of mine; he came and + asked me for my husband; and I asked him his business, and he + said he wanted to speak to him. + + JONES--Pray come to these men; when did they come to your + house? + + MRS. GURREY--They hired the lodging at five of the clock. When + they first came to see them I was not at home; Mr. Gilbert + brought them, and as I was coming along the street I saw Mr. + Gilbert walking off, and would not look at me. + + JONES--When did they go out? + + MRS. GURREY--They never staid there. + + JONES--When did they come in again? + + MRS. GURREY--Between eleven and twelve. + + HATSELL, BARON--What did they do when they came again? + + MRS. GURREY--I was laying on some sheets two pairs of stairs + when they came, and then there was three of them; so they saw + me a little after, and begged my excuse for bringing in + another, for they said it was so late that they could not get a + lodging any where else: and said, if I thought fit, the + gentleman should lie with them: And I told them I liked it very + well. + + JONES--What firing had they? + + MRS. GURREY--The firing I laid on in the morning, and they sent + for my husband to fetch them some wine. + + JONES--What did you hear them talk on? + + MRS. GURREY--They discoursed with my husband, and asked him if + he knew Mrs. Sarah Stout; and one of them said to Mr. Marson, I + think she was an old sweetheart of yours; Ay, said he, but she + turned me off, but a friend of mine is even with her: And Mr. + Rogers said he was in with her; and afterwards said, her + business was done. They had a bundle, that was wrapt up in pure + white cloth, like to an apron, but I cannot say it was an + apron; and there was a parcel hanging loose by it; and when he + laid it down he said, he would pass his word Mrs. Sarah Stout's + courting days were over; and I said, I hoped it was no hurt to + the gentlewoman; and then I looking upon Mr. Marson, saw him + put his peruke aside, and his head reeked, and he told them he + was but just come from London that night, which made him + disappointed of a lodging. + + JONES--What did you hear them say about any money? + + MRS. GURREY--I asked them how they would have their bed warmed? + And Mr. Marson answered, very hot: With that I went down to + send my daughter up, and she could not go presently; I told her + then she must go as soon as she could. + + HATSELL, BARON--Pray, do not tell us what passed between you + and your daughter: What do you know of these gentlemen? + + MRS. GURREY--I went to the next room, to see if every thing was + as it should be; I hearkened, and they had some discourse about + money, and I heard somebody (I do not know who it should be + except it were Mr. Stephens) answer and say, the use money was + paid to-night; but what money they meant I cannot tell. + + JONES--What did you find when they were gone? + + MRS. GURREY--Sir, I found a cord at the end of the trunk. + + JONES--Was it there in the morning, or before they came? + + MRS. GURREY--No, it could not have been, for I swept my room, + and wiped down the dust. + + JONES--Was the cord white? + + MRS. GURREY--No, it was more dirty than it is now, for my + husband and I have worn it in our pockets. + + COWPER--Pray, who brought the cord down from above stairs? + + MRS. GURREY--My daughter that lived with me, and she laid it + upon the shelf. + + COWPER--Did not you hear there was a coroner's inquest sitting? + + MRS. GURREY--The next day at night I did hear of it. + + COWPER--Why did not you go to the coroner's inquest and give an + account of it there? + + MRS. GURREY--I told my husband of it, and I asked my husband if + he did not hear what they said concerning Mrs. Sarah Stout? And + he answered, yes, they ought to be taken up for the words they + said last night: Why, saith I, do not you take notice of it? I + think you ought to take them up. But he went out of doors, and + I saw no more of him till the afternoon. When I heard the + words, I thought somebody had stole away and got to bed to her. + + COWPER--Pray, if your husband heard these words, why did not he + go to the coroner's inquest? + + MRS. GURREY--I did speak to him to have them taken up. + + COWPER--Why did he not do it? + + MRS. GURREY--He said he would not do it, he did not know but it + might cost him his life. + + JONES--How came you after this to discover it? + + MRS. GURREY--Because I was so troubled in mind I could not rest + night nor day; and I told him if he would not tell of it, I + would tell of it myself, for I was not able to live. + + +_Elizabeth Gurrey was sworn._ + + JONES--Pray, do you know Mr. Rogers, Mr. Stephens, and Mr. + Marson? + + E. GURREY--I know Mr. Marson, and these are the other + gentlemen, I reckon. + + JONES--What discourse did you hear from them? + + E. GURREY--Mr. Marson asked the other gentlemen how much money + they had spent? the other answered, what was that to him? you + have had forty or fifty pounds to your share. Then the other + asked him, whether the business was done? And he answered, he + believed it was; but if it was not done, it would be done + to-night. Then, my lord, he pulled a handful of money out of + his pocket, and swore he would spend it all for joy the + business was done. + + JONES--Was Mr. Cowper's name mentioned? + + E. GURREY--I heard them mention Mr. Cowper's name, but not Mrs. + Sarah Stout's. + + JONES--What condition was the gentleman's shoes in? + + E. GURREY--I think it was Mr. Marson, his shoes were very wet + and dirty; one of them was very hot, and he wiped his head with + his handkerchief. + + JONES--Now, my lord, we have done as to our evidence. Mr. + Marson pretended he was just then alighted and come from + London, and was in a great heat, and his shoes were wet: for + when he was examined, he said, he came to town about eight of + the clock, and went to the Glove and Dolphin inn, and stayed + there till he came to his lodging. Now it was a wonderful thing + that he should come wet shod from a tavern, where he had been + sitting four or five hours together. + + +_Then the Examination of Mr. John Marson was read_: + + The Examination of JOHN MARSON, taken before me, this 27th day + of April, 1692. + + 'Who being examined where he was on Monday the 13th of March + last, saith, That he was at the borough of Southwark (he being + an attorney of the said court) till past 4 of the clock in the + afternoon; and saith, that he set out from Southwark for + Hertford soon after, and came to Hertford about eight the same + afternoon, and put up his horse at the sign of , an inn + there, and then went to the Hand and Glove, together with + Godfrey Gimbart, esq., Ellis Stephens, William Rogers, and some + others, where they stayed till about eleven of the clock at + night, and then this examinant went thence directly to the + house of John Gurrey, with the said Stephens and Rogers, who + lay together in the said Gurrey's house all that night. And + being asked what he said concerning the said Mrs. Sarah Stout, + deceased, this examinant saith, that on Sunday the 12th of + March last, this examinant being in company with one Thomas + Marshall, and telling him that this examinant intended the next + day for Hertford, with the marshal of the King's Bench, the + said Thomas Marshall desired this examinant and the said + Stephens, who was then also in company, that they would go and + see the said Sarah Stout (his sweetheart). He confesseth, that + he did ask the said Gurrey, if he would shew this examinant + where the said Stout lived; telling the said Gurrey that his + name was Marshall, and asked him if he never heard of him + before; and jocularly said, that he would go and see her the + next morning, but doth not believe that he said any thing that + any friend was even with the said Sarah Stout, or to such like + effect. And doth confess, that he did the next day, upon the + said Gurrey's telling him that the said Stout was drowned, say, + that he would keep his word, and would see her. And saith, that + meeting with Mr. Cowper (who is this examinant's acquaintance) + he believes he did talk with him concerning the said Stout's + being drowned, this examinant having seen her body that + morning. + + JOHN MARSON. + + '_Cogn. Die et Anno antedict. + Coram J. Holt._' + + JONES--All that I observe from it, is this: That he had been + five hours in town, and when he came to his lodging, he came in + wet and hot, and said he was just come from London. + + MARSON--I had rid forty miles that day, and could not be soon + cold. + + HATSELL, BARON--They have done now for the king; come, Mr. + Cowper, what do you say to it? + + JONES--If your lordship please, we will call one witness more, + Mary Richardson. Mrs. Richardson, do you know Mr. Marson, or + any of these gentlemen? + + MRS. RICHARDSON--They came on Tuesday night to the Bell at + Hoddesdon, and lay there, and one of the gentlemen, when I was + warming the sheets, asked me if I knew Mrs. Sarah Stout? And I + said Yes. He asked me if I knew which way she came to her end? + And I told him I could not tell. + + JONES--Is that all? What did they say more? + + MRS. RICHARDSON--They did desire and wish it might be found out + how it came about; and one gentleman took no notice of her at + all. They had a little bundle, but what was in it I cannot + tell, but there I saw it bound up in some coloured stuff or + other, but what it was I cannot tell. + + JONES--Is that all you can say? + + MRS. RICHARDSON--Yes, that is all. + + JONES--Then we have done. + + HATSELL, BARON--Come, Mr. Cowper, what do you say to it? + + COWPER--Now they have done on the part of the king, my lord, + and you gentlemen of the jury, I must beg your patience for my + defence. I confess it was an unfortunate accident for me (as + Mr. Jones calls it) that I happened to be the last person (for + aught appears) in the company of a melancholy woman. The + discourse occasioned by this accident had been a sufficient + misfortune to me, without any thing else to aggravate it; but I + did not in the least imagine that so little, so trivial an + evidence as here is, could possibly have affected me to so + great a degree, as to bring me to this place to answer for the + worst fact that the worst of men can be guilty of. + + My lord, your lordship did just now observe, that I have + appeared at the bar for my clients; but I must say too, that I + never appeared for myself under this, or the like + circumstances, as a criminal, for any offence whatsoever. + +He then goes on to point out that there is no positive evidence against +him, but only suppositions and inferences--what to-day would be called +circumstantial evidence; and that even admitting the evidence of the +prosecution, it is as strong to show that the deceased woman was not +murdered as that she was. Even if the evidence proved that Mrs. Stout +was murdered, there was nothing to show that he or his fellow-prisoners +were guilty of the murder. The body was not floating when it was found, +as could be shown by the parish officers who were employed by the +coroner to take it out of the water. It in fact had sunk, and had then +been carried by the force of the stream sideways up the stakes which +were about a foot apart pointing down stream; and yet the alleged fact +that the body was floating was the only evidence produced to prove that +the woman was not drowned. Evidence would be given to prove that the +fact that the body contained little or no water was immaterial, for +drowning takes place when only a very little water is received into the +lungs; and in a case of suicide it is probable that water would enter +the lungs sooner than it would in cases of accident. As to the evidence +derived from the examination of the body after exhumation, it ought not +to have been given, as the exhumation was itself an offence; 'but as it +is I have no reason to apprehend it, being able to make it appear that +the gentlemen who spoke to this point have delivered themselves in that +manner either out of extreme malice, or a most profound ignorance; this +will be so very plain upon my evidence, that I must take the liberty to +impute one or both of these causes to the gentlemen that have argued +from their observations upon that matter.' + +It had been suggested that he had an interest in the death of the +deceased by reason of holding money of hers which he had received as her +trustee or guardian. He had been concerned in investing some L200 in a +mortgage for the deceased the previous December; he had paid over this +money to the mortgagees, and the mortgage had been found by the +prosecutors among the papers of the deceased after her death. This was +the only money transaction he had ever had with her. The prosecution had +proved that there was no concealment of shame to induce him to murder +her; and that, though they had no inclination to favour him. + +He would produce evidence to show that the dead woman committed suicide, +though he only did so most unwillingly and under compulsion. The +prosecution had shown that she was melancholy, and he could show that +she had reason for making away with herself. This he would do by +producing letters of hers, which were he alone concerned he would not +allude to; but as he was in honour bound to make the best defence he +could for his fellow-prisoners, he had no choice in the matter. + +The maid Walker was the only person who gave any direct evidence against +him, and she said that she heard the door shut at a quarter past eleven, +and that on going downstairs directly afterwards she found that both he +and the deceased had left the house. But he would prove that he had +entered the Glove Inn as the town clock struck eleven, that he had +stayed there a quarter of an hour, that after he had done several things +at his lodgings he had gone to bed by twelve, and had not gone out +again that night. He had sent to fetch his horse from Mrs. Stout's +house on Tuesday morning, as was only prudent, but he had told the man +whom he sent that he would not want it till the next day, when he was +going into Essex with the rest of the circuit, which he did. + +He had not heard that his name was connected with Mrs. Stout's death +till two months after the event; and the prosecution had in fact been +set on foot by the Quakers, who were scandalised at the idea of one of +their number committing suicide, and the political opponents of his +father and brother in the town. + +Cowper went on to explain that he always had the offer of a share in his +brother's lodgings, which were some of the best in the town, whenever +the latter went circuit, 'which out of good husbandry I always +accepted.' At the time of the last circuit, when the present case arose, +Parliament was sitting, and his brother 'being in the money chair,' +could not attend. As Cowper had been invited to lodge with Mrs. Stout +during the assizes and wished to accept the invitation, he asked his +brother to ask Barefoot, the keeper of his lodgings, to dispose of them +if he could. The brother said he would do so 'if he could think on it,' +and accordingly Cowper went down to Hertford intending to lodge with +Mrs. Stout unless his brother had failed to write to Barefoot. On +arriving at Hertford he found that his brother had not written to +Barefoot, and that the rooms there were ready for him. He accordingly +stayed there, sent to the coffee-house for his bag, and took up his +lodging at Barefoot's as usual. As soon as he had done this, the maid +Walker came round from Mrs. Stout's to invite him to dinner there. He +accepted the invitation, and also a further invitation to come again in +the evening; but he did not agree to sleep there. When he came the +second time he paid the deceased the interest on her mortgage, some six +pounds odd, in guineas and half-guineas, which money was found in her +pocket after she was drowned. He wrote a receipt for the money, which +she refused to sign; she pressed him to stay there that night, which he +refused to do. + +He then went on:-- + + 'My lord, I open my defence shortly, referring the particulars + to the witnesses themselves, in calling those who will fully + refute the suppositions and inferences made by the prosecutor, + whom first, my lord, I shall begin with, to show there is no + evidence of any murder at all committed; and this I say again, + ought to be indisputably made manifest and proved, before any + man can be so much as suspected for it. + + HATSELL, BARON--Do not flourish too much, Mr. Cowper; if you + have opened all your evidence, call your witnesses, and when + they have ended, then make your observations. + + MR. COWPER--Then, my lord, I will take up no more of your time + in opening this matter. Call Robert Dew. (Who appeared.) When + Mrs. Sarah Stout drowned herself, was not you a parish officer? + + DEW--I was. I was next house to the Coach and Horses; and about + six o'clock came a little boy (Thomas Parker's boy), and said + there was a woman fallen into the river. I considered it was + not my business, but the coroner's, and I sent the boy to the + coroner, to acquaint him with it, and the coroner sent word by + the boy, and desired she might be taken out; so I went to the + river, and saw her taken out: she lay in the river (as near as + I could guess) half a foot in the water; she was covered with + water; she had a striped petticoat on, but nothing could be + seen of it above water. I heaved her up, and several sticks + were underneath her, and flags; and when they took her out, she + frothed at the nose and mouth. + + COWPER--How was she? Was she driven between the stakes? + + DEW--She lay on the right side, her head leaning rather + downwards: and as they pulled her up, I cried, 'Hold, hold, + hold, you hurt her arm'; and so they kneeled down and took her + arm from the stakes. + + COWPER--Did you see any spot upon her arm? + + DEW--Yes, sir. + + COWPER--What sort of spot was it? + + DEW--It was reddish; I believe the stakes did it; for her arm + hit upon the stake where she lay. + + COWPER--Pray, how do these stakes stand about the bridge of the + mill? + + DEW--I suppose they stand about a foot asunder; they stand + slanting, leaning down the stream a little. + + COWPER--Could you discern her feet? + + DEW--No, nothing like it, nor the striped petticoat she had + on. + + COWPER--Might not her knees and legs be upon the ground, for + what you could see? + + DEW--Truly, if I were put upon my oath whether they were so, or + not, I durst not swear it; sometimes the water there is four + feet, sometimes three and a-half; I believe her feet were very + near the bottom. + + COWPER--Are not the stakes nailed with their head against the + bridge? + + DEW--They are nailed to the side of the bridge. + + COWPER--Pray, describe the manner in which they took her up. + + DEW--They stooped down, and took her up. + + COWPER--Did they take her up at once? + + DEW--They had two heavings, or more. + + COWPER--What was the reason they did not take her up at once? + + DEW--Because I cried out, 'They hurt her arm.' + + COWPER--Was she not within the stakes? + + DEW--No, this shoulder kept her out. + + COWPER--When you complained they hurt her arm, what answer did + they make you? + + DEW--They stooped down and took her arm out from between the + stakes; they could not have got her out else. + + COWPER--After she was taken out, did you observe any froth or + foam come from her mouth or nose? + + DEW--There was a white froth came from her, and as they wiped + it away, it was on again presently. + + COWPER--What was the appearance of her face and upper parts at + that time? + + DEW--She was so much disfigured, I believe that scarce any of + her neighbours knew her, the slime of the water being upon her. + + COWPER--Did you see her maid Sarah Walker at that time? + + DEW--No. + + HATSELL, BARON--Mr. Cowper, do you intend to spend so much time + with every witness? I do not see to what purpose many of these + questions are asked. + + COWPER--I have done with him: call Young. + + HATSELL, BARON--Mr. Cowper, I would not have you straiten + yourself, but only ask those questions that are pertinent. + + COWPER--Pray, give an account of what you know of the matter. + + YOUNG--On Tuesday morning between five and six o'clock, last + assizes---- + + COWPER--What officer did you say? + + YOUNG--I was constable. + + COWPER--Was you employed by the coroner? + + YOUNG--Not by him in person. Between five and six o'clock some + of the men that came into my yard to work, told me a woman was + drowned at the mill; I staid a little and went down to see, and + when I came there, I saw a woman, as they had told me, and I + saw part of her coat lie on the top of the water to be seen, + and I looked strictly and nicely within the bridge and saw the + face of a woman, and her left arm was on the outside the + stakes, which I believe kept her from going through; so I + looked upon her very wishfully, and was going back again; and + as I came back I met with R. Dew and two of my neighbours, and + they asked me to go back with them, and said they were going to + take her up; and being constable, I told them I thought it was + not proper to do it, and they said they had orders for it; so I + being constable went back with them, and when I came there I + found her in the same posture as before; we viewed her very + wishfully; her coat that was driven near the stakes was seen, + but none of her coats, or her legs; and after we had looked a + little while upon her, we spake to Dell and Ulse to take her + up, and one of them took hold of her coat till he brought her + above water; and as her arm drew up, I saw a black place, and + she laid sideway, that he could not take her up till they had + let her down again, and so they twisted her out sideway; for + the stakes were so near together that she could not lie upon + her belly, or upon her back; and when they had taken her up, + they laid her down upon a green place, and after she was laid + down, a great quantity of froth (like the froth of new beer) + worked out of her nostrils. + + HATSELL, BARON--How much do you call a great quantity? + + YOUNG--It rose up in bladders, and run down on the sides of her + face, and so rose again; and seeing her look like a + gentlewoman, we desired one Ulse to search her pockets, to see + if there were any letters, that we might know who she was; so + the woman did, and I believe there was twenty or more of us + that knew her very well when she was alive, and not one of us + knew her then; and the woman searched her pockets, and took out + six guineas, ten shillings, three pence halfpenny, and some + other things; and after that I desired some of my neighbours to + go with me and tell the money; for when it came to be known who + she was, I knew we must give an account on it, and I laid it + upon a block and told it, and they tyed it up in a + handkerchief, and I said I would keep the money, and they + should seal it up to prevent any question about it; and during + all this while of discourse, and sealing up the money, the + froth still worked out of her mouth. + + COWPER--Have you measured the depth of the water? What depth is + it there? + + YOUNG--I measured the water this morning, and it was so high + that it ran over the floodgate, and the height of it was about + four foot two inches; but sometimes it is pent up to a greater + height than it is to-day. + + COWPER--Was it higher to-day than when the body was found? + + YOUNG--To the best of my remembrance, it was as high to-day as + it was then. + + COWPER--Was any part of the body above water? + + YOUNG--No, nor nothing like the body could be seen. + + COWPER--Could you see where her legs lay? + + YOUNG--No, nor nothing but her upper coats, which were driven + against the stakes. + + COWPER--Pray give an account how long she lay there, and when + she was conveyed away? + + YOUNG--I stayed a quarter of an hour, and then I went and + sealed up the money at my own house, so that I did not see her + removed. + + JONES--Was anybody there besides yourself at this time? + + YOUNG--Yes; twenty people at the least. + + JONES--Now here is ten of them that have sworn that the body + was above the surface of the water. + + HATSELL, BARON--No, her cloaths, they say, were, but the body + was something under the water. + + COWPER--Now I will trouble your lordship no more with that + fact, but I will give you an account of the coroner's inquest, + how diligent they were in their proceedings, and produce a copy + of the inquisition itself, that she was found to have drowned + herself. + + HATSELL, BARON--Mr. Cowper, that is no evidence if it be + produced in order to contradict what these witnesses have said, + that have been examined for the king; but if you will prove + that they have sworn otherwise before the coroner than they now + do, then you say something, otherwise the coroner's inquest + signifies nothing as to the present question. + + COWPER--Call Thomas Wall. I am loth to be troublesome; but, if + you please to favour me, I desire to know of them whether they + do admit there was an inquisition, and that she was found _non + compos mentis_ and did kill herself. + + JONES--We do admit it. + + JURYMAN--We desire it may be read. + + HATSELL, BARON--Why, will not you believe what they agree to on + both sides? + + JURYMAN--If they do agree so, I am satisfied. + +_Wall_ was one of the coroner's jury, and saw the marks on the body +which he described; Mr. Camlin and the younger Dimsdale were requested +to examine them, which they did, and reported that they were no more +than were usual in such cases. Wall refreshed his memory from his notes, +and said that Sarah Walker had said that it was about eleven when she +had taken the coals up to warm Cowper's bed, but she could not say when +it was that Cowper went out, for she took up some more coals, and then +tarried a little, and then went down and found that Cowper and her +mistress had gone out. + + HATSELL, BARON--The woman said the same thing. + + COWPER--It is necessary in this particular as to time. + + HATSELL, BARON--She told you the clocks did differ. + +_Bowden_ and _Shute_ gave evidence as to the finding of the body and as +to its state when found, corroborating the other witnesses. + + COWPER--My lord, I am very tender how I take up your lordship's + time, and therefore I will not trouble you with any more + witnesses on this head; but with your lordship's leave I will + proceed to call some physicians of note and eminence, to + confront the learning of the gentlemen on the other side. + +_Dr. Sloane_[48] said he had not heard the other witnesses very +distinctly, because of the crowd; but that cases of the present kind +were very uncommon, and that none of them had fallen under his own +knowledge. It was plain that a great quantity of water might be +swallowed without suffocation; + + drunkards, who swallow freely a great deal of liquor, and those + who are forced by the civil law to drink a great quantity of + water, which in giving the question (as it is called) is + poured into them by way of torture to make them confess + crimes,[49] have no suffocation or drowning happen to them. + + But on the other hand, when any quantity comes into the + windpipe, so it does hinder or intercept the inspiration, or + coming in of the air, which is necessary for the respiration, + or breathing, the person is suffocated. Such a small quantity + will do, as sometimes in prescriptions, when people have been + very weak, or forced to take medicines, I have observed some + spoonfuls in that condition (if it went the wrong way) to have + choaked or suffocated the person. + +He took drowning to be when water got into the windpipe or lungs, and +believed that whether a person fell into the water alive or dead, some +quantity would find its way there. He inclined to believe that the +general condition of the body was consistent with the woman having been +drowned. + +_Dr. Garth_ gave reasons for disagreeing with the doctors called for the +prosecution in considering that the general state of the body proved +that the woman had not been drowned, pointing out that it was as +unnatural for a human body to float on its side, as for a shilling to +rest on its edge, or for a deal board to float edgewise rather than +otherwise. In spite of what had been said about the seamen, he believed +that dead bodies would generally sink. + + HATSELL, BARON--But you do not observe my question; the seamen + said that those that die at sea and are thrown overboard, if + you do not tye a weight to them, they will not sink; what say + you to that? + + DR. GARTH--My lord, no doubt in this they are mistaken. The + seamen are a superstitious people, they fancy that whistling at + sea will occasion a tempest. I must confess I have never seen + anybody thrown overboard, but I have tried some experiments on + other dead animals, and they will certainly sink; we have tried + this since we came here hither. Now, my lord, I think we have + reason to suspect the seaman's evidence; for he saith that + three-score pound of iron is allowed to sink the dead bodies, + whereas six or seven pounds would do as well. I cannot think + the commissioners of the navy guilty of so ill husbandry; but + the design of tying weights to their bodies, is to prevent + their floating at all, which otherwise would happen in some few + days; therefore what I say is this, that if these gentlemen had + found a cord, or the print of it, about the neck of this + unfortunate gentlewoman, or any wound that had occasioned her + death, they might then have said something. + +_Dr. Morley_ was called, and supported the view that a drowned body need +not necessarily have much water in it, and that it need not float. He +had tried experiments on two dogs the night before; he drowned them +both, and dissecting one found no water in its stomach, while the other +sank to the bottom of the water. + +_Dr. Woollaston_ and _Dr. Gelstrop_ both gave evidence to the same +effect as the preceding witnesses. + + COWPER--Now, my lord, I would call Mr. William Cowper; and + because of his name, I must acquaint your lordship that he is + not at all acquainted with me, though I should be proud to own + him if he were so; he is a man of great learning, and I + believe, most people admit him to be the best anatomist in + Europe. Mr. Cowper, will you give your opinion of this matter? + +_Mr. W. Cowper_[50] accordingly, premising that he would not only +'speak, from reason,' but give an account of experiments, stated that +the symptoms described were consistent with drowning; + + this is a truth that no man can deny who is acquainted with any + thing of this nature, that when the head of an animal is under + water, the first time it is obliged to inspire (or draw in air) + the water will necessarily flow into its lungs, as the air + would do if it were out of the water; which quantity of water + (if the dimensions of the windpipe and its branches in the + lungs be considered), will not amount to three inches square, + which is about three ounces of water. + + +And this quantity of water would be sufficient to cause suffocation, and +after suffocation, swallowing would become impossible. This he said, not +by way of conjecture or hypothesis, but as the result of experiment. + + I shall by the bye, tell you how fallacious the first + experiment was, when I proposed to satisfy myself whether a + dead body would float in water. It happened that a spaniel, + that had a great deal of long hair was hanged for this purpose, + which I found to float on the surface of the water; but when I + considered that his hair might buoy him up, I caused another + dog, which had shorter and less hair, to be hanged and put into + the water, which (according to what I had always conceived of + the human body) sunk directly to the bottom. In order to + satisfy myself what quantity of water was necessary to enter + the body of an animal, and cause suffocation in water, I caused + three dogs, when alive, to be suddenly plunged under water till + they were stifled; the result was that about three ounces of + water were found in their lungs, and none in their stomachs. + Dead bodies generally sank; weights were attached to dead + bodies, not so much to make them sink at the time, as to + prevent them floating afterwards. + + COWPER--With your lordship's favour, I now think it a proper + time to make this observation. The witnesses that have given + evidence for the king do say they believe she was not drowned; + but they have not pretended to say how she died otherwise. + + HATSELL, BARON--That is very true. + +_Dr. Crell_ was generally of the same opinion as that expressed by the +last witness, and, in spite of the suggestion of the judge that he +should confine his evidence to matters within his own experience, quoted +the opinion of Ambrose Parey ('who was chief surgeon to Francis the 1st, +employed by him in most of his sieges and battles against emperor +Charles the 5th, and consequently must observe, and could not be +ignorant of such like casualties in such great bodies of men'), as +expressed in his chapter of Renunciations, to the effect that the +certain sign of a man being drowned was an appearance of froth about his +nostrils and mouth. Altogether his firm opinion was that the woman was +drowned. + +_Mr. Harriot_, who had been a surgeon in the Fleet; and _Bartlet_, who +had been in several naval engagements, both swore that dead bodies when +thrown overboard sank at first, though they floated again afterwards. + +_Mr. Camlin_ was called at the coroner's inquest, and examined the body. +He found certain marks on the head and breast which Mr. Dimsdale said +were only the result of drowning; he had seen more decided marks on the +body of the child that was drowned. He saw no indications that Mrs. +Stout had been strangled. + + BOWD--It was much about this time twelvemonth I had some + business in London; and she [Mrs. Stout] sent to me, to know + when I should go to London; and I waited upon her before I + went, and she desired me to do some business for her; and when + I returned, I acquainted her with what I had done; and sitting + together in the hall, I asked her, what is the matter with you? + Said I, there is something more than ordinary; you seem to be + melancholy. Saith she, you are come from London, and you have + heard something or other: said I, I believe you are in love. In + love! said she. Yes, said I, Cupid, that little boy, hath + struck you home: she took me by the hand; Truly, said she, I + must confess it; but I did think I should never be guilty of + such a folly: and I answered again, I admire that should make + you uneasy; if the person be not of that fortune as you are, + you may, if you love him, make him happy and yourself easy. + That cannot be, saith she: the world shall not say I change my + religion for a husband. And some time after I had been in + London, having bought some India goods, she came to my shop and + bought some of me for a gown, and afterwards she came to pay me + for it; and I asked her, How do you like it? have you made it + up? No, said she, and I believe I shall never live to wear it. + + COWPER--Pray how long is it since? + + BOWD--It was about February or January before her death. I + asked her, why she did not come to my house oftener She said, + she had left off all company, and applied herself to reading; + and company was indifferent to her. + +Several other witnesses were then called to prove that they had recently +seen the deceased woman in a state of melancholy, and that she had +admitted that she was in love, though she would not say with whom. + + COWPER--Mrs. Cowper, what do you know of Mrs. Stout's + melancholy? + + COWPER--My lord, this is my brother's wife. + + MRS. COWPER--About spring was twelve month, she came to London, + and I believe it was not less than once or twice a week I saw + her; and I never had an opportunity to be an hour alone with + her at any time, but I perceived something in her melancholy. I + have asked her the reason of it several times, and sometimes + she seemed to dislike her profession, being a Quaker; and + sometimes she would say, that she was uneasy at something that + lay upon her spirits, which she should never outlive; and that + she should never be well while she was in this world. Sometimes + I have endeavoured to persuade her out of it seriously, and + sometimes by raillery, and have said are you sure you shall be + better in another world? And particularly I remember I have + said to her, I believe you have Mr. Marshall in your head: + either have him, or do not trouble yourself about him; make + yourself easy either one way or another; and she hath said no, + in an indifferent way, I cannot make myself easy: Then I have + said, marry him: no, saith she, I cannot. Sometimes with + company she would be diverted, and had frequently a way of + throwing her hands, and shewed great disturbance and + uneasiness. This time twelvemonth, at the summer assizes, I was + here six days, and I saw her every day; and one time, among + other discourse, she told me she had received great disturbance + from one Theophilus, a waterman and a Quaker, who coming down + to old Mrs. Stout, that was then lame, she had gathered about + 20 or 30 people together to hear him preach; and she said he + directed his discourse to her, and exasperated her at the rate + that she had thoughts of seeing nobody again, and said, she + took it heinously ill to be so used, and particularly, that he + had told her that her mother's falling outwardly in the flesh + should be a warning that she did not fall inwardly; and such + 'canting stuff,' as she called it; and she said, that + Theophilus had so used her, that she was ashamed to show her + head. Another time, the same week, she had a fever, and she + said, she was in great hopes it would end her days, and that + she neglected herself in doing those things that were necessary + for her health, in hopes it would carry her off, and often + wished herself dead. Another time, which I think was the last + time I saw her, it was at my sister's lodgings, and I sent for + her to drink a dish of tea with us, and she came in a great + toss and melancholy: Said I, what is the matter? you are always + in this humour. Saith she, I cannot help it, I shall never be + otherwise. Saith my sister, for God's sake keep such thoughts + out of your head as you have had, do not talk any more of + throwing yourself out of window: Saith she, I may thank God + that ever I saw your face, otherwise I had done it, but I + cannot promise I shall not do it. + + HATSELL, BARON--What is your name, madam? + + COWPER--It is my brother's wife, my lord. I desire Mrs. Toller + may give an account of what she knows as to her being + melancholy. + + MRS. TOLLER--My lord, she was once to see me, and she looked + very melancholy, and I asked her what was the matter? and she + said, something had vexed her that day; and I asked her the + cause of it, and she stopped a little while, and then said, she + would drown herself out of the way. + + HATSELL, BARON--How long ago was this? + + MRS. TOLLER--About three quarters of a year ago. + + JOHN STOUT--I desire to know whether she has always said so, or + not told another story. + + MRS. TOLLER--I told you no story; it may be I did not say so + much to you, but I said she talked something of drowning. I + have been with her when Mr. Cowper's conversation and name has + been mentioned, and she said she kept but little company; that + sometimes she went to Mrs. Low's, and that she kept none but + civil modest company, and that Mr. Cowper was a civil modest + gentleman, and that she had nothing to say against him. + + COWPER--This is Mrs. Eliz. Toller, my lord. + + ELIZABETH TOLLER--My lord, she came to see me some time after + Christmas, and seemed not so cheerful as she used to be; said + I, what is the matter? Why are you not so merry as you used to + be? Why do you not come often to see me? Saith she, I do not + think to go abroad so much as I used to do, and said, it would + be as much a rarity to see her go abroad, as to see the sun + shine by night. + + COWPER--Mrs. Grub, what do you know concerning Mrs. Stout's + pulling out a letter at her brother, Mr. John Stout's? Give an + account of it, and what she said upon that occasion. + + MRS. GRUB--I have a daughter that lives at Guernsey, and she + sent me a letter, and I prayed Mrs. Sarah Stout to read the + letter; and while she was reading it I cried; saith she, why do + you cry? said I, because my child is so far off. Said she, if I + live till winter is over, I will go over the sea as far as I + can from the land. + + HATSELL, BARON--What was the occasion of her saying so? + + MRS. GRUB--I was washing my master's study, Mrs. Sarah Stout + came in, and I had a letter from my daughter at Guernsey, and I + prayed Mrs. Sarah Stout to read it, and she read my letter, and + I cried, and she asked me, why I cryed? Said I, because my + child is so far off: Saith she, if I live to winter, or till + winter is over, I will go over sea as far as I can from the + land. + + COWPER--Now, my lord, to bring this matter of melancholy to the + point of time, I will call one witness more, who will speak of + a remarkable instance that happened on Saturday before the + Monday when she did destroy herself. + + Call Mr. Joseph Taylor. Pray will you inform the court and jury + of what you observed on Saturday before the Monday on which + Mrs. Stout destroyed herself. + + JOSEPH TAYLOR--I happened to go in at Mr. Firmin's shop, and + there she sat the Saturday before this accident happened, the + former assizes, and I was saying to her, Madam, I think you + look strangely discontented; I never saw you dressed so in my + life: Saith she, the dress will serve me as long as I shall + have occasion for a dress. + + COWPER--In what posture did she appear in the shop? + + JOSEPH TAYLOR--She appeared to be very melancholy. + + COWPER--What part of her dress did you find fault with? + + JOSEPH TAYLOR--It was her head cloaths. + + COWPER--What was the matter with them? + + JOSEPH TAYLOR--I thought her head was dawbed with some kind of + grease or charcoal. + + COWPER--What answer did she make? + + JOSEPH TAYLOR--She said, they would serve her time. + + COWPER--As to this piece of evidence, if your lordship pleases, + I desire it may be particularly taken notice of; it was her + head-dress that she said would serve her time. + + Pray, Mr. Taylor, was you at Mr. Barefoot's when I came there + on Monday morning? + + JOSEPH TAYLOR--Yes; I went up stairs with you into your + chamber. + + COWPER--Pray, what did I say to Mr. Barefoot? + + JOSEPH TAYLOR--You asked him if they had received a letter from + your brother, and he said, No, not that he knew of, but he + would call his wife, and he did call his wife, and asked her if + she had received a letter, and she said, No; then said you, I + will take up this lodging for mine; and accordingly you went up + stairs, and I went with you, and staid there about four times + as long as I have been here. + + COWPER--Are you very sure that I said, I would take up my + lodgings there? + + JOSEPH TAYLOR--Yes, I am very sure of it. + + HATSELL, BARON--What time of the day was it? + + JOSEPH TAYLOR--It was the fore part of the day; while I was + there, my lord, Mrs. Sarah Stout's maid came to invite Mr. + Cowper to her house to dinner. + + COWPER--Did you know anything of my sending to the + coffee-house? + + JOSEPH TAYLOR--You sent to the coffee-house for your things. + + HATSELL, BARON--Did Mr. Cowper use to lie at Mrs. Barefoot's? + + JOSEPH TAYLOR--His brother did, but I do not know whether this + gentleman did, but at that time he took up that place for his + lodging; and said, it was all one, my brother must pay for it, + and therefore I will take it up for myself. + + COWPER--Call Mrs. Barefoot and her maid. + + [But they not presently appearing,] + + COWPER--My lord, in the meantime I will go on to the other part + of my evidence, in opening of which I shall be very short. + + My lord, my wife lodging at Hertford, occasioned me frequently + to come down. Mrs. Stout became acquainted with her; When + business was over in the long vacation, I resided pretty much + at Hertford, and Mr. Marshall came down to pay me a visit, and + this introduced his knowledge of Mrs. Stout. When she was first + acquainted with him she received him with a great deal of + civility and kindness, which induced him to make his addresses + to her, as he did, by way of courtship. It happened one evening + that she and one Mrs. Crook, Mr. Marshall and myself, were + walking together, and Mr. Marshall and Mrs. Crook going some + little way before us, she took this opportunity to speak to me + in such terms, I must confess, as surprized me. Says she, Mr. + Cowper, I did not think you had been so dull. I was inquisitive + to know in what my dulness did consist. Why, says she, do you + imagine I intend to marry Mr. Marshall? I said I thought she + did, and that if she did not, she was much to blame in what she + had done: No, says she, I thought it might serve to divert the + censure of the world, and favour our acquaintance. My lord, I + have some original letters under her own hand which will make + this fully manifest; I will produce the letters after I have + called Mr. Marshall. Mr. Marshall. + + MR. MARSHALL--If your lordship pleases, it was in the long + vacation I came down to spend a little of my leisure time at + Hertford; the reason of my going thither was, because Mr. + Cowper was there at that time. The first night when I came down + I found Mrs. Sarah Stout visiting at Mr. Cowper's lodgings and + there I first came acquainted with her; and she afterwards gave + me frequent opportunities of improving that acquaintance; and + by the manner of my reception by her, I had no reason to + suspect the use it seems I was designed for. When I came to + town, my lord, I was generally told of my courting Mrs. Stout, + which I confess was not then in my head; but it being + represented to me as a thing easy to be got over, and believing + the report of the world as to her fortune, I did afterwards + make my application to her; but upon very little trial of that + sort, I received a very fair denial, and there ended my suit; + Mr. Cowper having been so friendly to me, as to give me notice + of some things, that convinced me I ought to be thankful I had + no more to do with her. + + HATSELL, BARON--When did she cast you off? + + MR. MARSHALL--I cannot be positive as to the time, my lord, but + it was in answer to the only serious letter I ever writ to her; + as I remember, I was not over importunate in this affair, for I + never was a very violent lover. + + HATSELL, BARON--Well, but tell the time as near as you can. + + MR. MARSHALL--I believe it was a second or third time I came + down to Hertford, which is about a year and a half since; and, + during the whole of my acquaintance with her, I never till + then found her averse to any proposal of mine; but she then + telling me her resolution was not to comply with what I + desired, I took her at her word, having, partly by my own + observation, but more by Mr. Cowper's friendship, been pretty + well able to guess at her meaning. + + COWPER--Because what you say may stand confirmed beyond + contradiction, I desire you to say whether you have any letters + from her to yourself? + + MR. MARSHALL--Yes, I have a letter in my hand which she sent + me, upon occasion of some songs I sent her when I came to town, + which she had before desired of me; and this is a letter in + answer to mine; it is her hand-writing, and directed to me. + + HATSELL, BARON--How do you know it is her hand-writing? + + MR. MARSHALL--I have seen her write, and seen and received + several letters from her. + + COWPER--Pray shew it Mr. Beale. + + MR. BEALE--I believe it to be her hand; I have seen her write, + and have a receipt of hers. + + CLERK OF ARRAIGNS--It is directed to Mr. Thomas Marshall at + Lyons-inn, and dated Sept. 26, 1697. + + '_Sept. 26, 1697._ + 'SIR, + + 'Yours came very safe; but I wish you had explained your + meaning a little more about the accident you speak of; + for have been puzzling my brains ever since; and without + I shall set myself to conjuring, I cannot imagine what + it should be, for I know of nothing that happened after + you went away, nor no discourse about you, only when we + were together, the company would sometimes drink your + health, or wish you had been there, or the like; so that + I fancy it must be something Mr. has invented for + diversion; though I must confess we have a sort of + people here, that are inspired with the gift of + foreknowledge, who will tell one as much for nothing as + any astrologer will have a good piece of money for. But + to leave jesting, I cannot tell when I shall come to + London, unless it be for the night and away, about some + business with my brother, that I must be obliged to + attend his motions; but when I do, I shall remember my + promise, although I do not suppose you are any more in + earnest than myself in this matter. I give you thanks + for your songs and your good wishes, and rest, + + Your loving Duck.' + + COWPER--Have you any more letters? + + MR. MARSHALL--Yes, I have another letter here, but before it is + read, I think it will be proper to give the court an account of + the occasion of its being writ. I waited on Mrs. Stout one + evening at her lodgings in Houndsditch, and at our parting she + appointed to meet me the next day; and to excuse her not coming + according to that appointment, she sent me this letter. + + CLERK OF ARRAIGNS--It is directed to Mr. Thomas Marshall; it is + without date. + + 'MR. MARSHALL, + + I met unexpected with one that came from H----d last + night, who detained me so long with relating the most + notorious inventions and lyes that are now extant + amongst those people, that I could not possible come + till it was late; and this day was appointed for + business, that I am uncertain when it will be finished; + so that I believe I cannot see you whilst I am in town. + I have no more at present, but that I am + + Your obliged Friend.' + + COWPER--Now, my lord, if your lordship please, I proceed to + shew you, that I went not so much voluntarily as pressed by her + to come to this house, and for that I will produce one letter + from her to myself; and, my lord, I must a little inform you of + the nature of this letter. It is on the outside directed to + Mrs. Jane Ellen, to be left for her at Mr. Hargrave's + coffee-house. For her to direct for me at a coffee-house, might + make the servants wonder and the post-man might suspect, and + for that reason she directed it in that manner. There was Mr. + Marshall by whom I received it, and I can prove the hand by Mr. + Beale. + + MR. MARSHALL--My lord, I verily believe I was by, and that Mr. + Cowper shewed me this letter immediately on receipt of it, as + he had done several others from the same hand. + + CLERK OF ARRAIGNS--This is directed for Mrs. Jane Ellen. It is + dated March the 5th, without any year. + + _'March the 5th._ + + SIR, + + I am glad you have not quite forgot that there is such a + person as I in being; but I am willing to shut my eyes, + and not see anything that looks like unkindness in you, + and rather content myself with what excuses you are + pleased to make, than be inquisitive into what I must + not know. I should very readily comply with your + proposition of changing the season, if it were in my + power to do it, but you know that lies altogether in + your own breast; I am sure the winter has been too + unpleasant for me to desire the continuance of it; and I + wish you were to endure the sharpness of it but for one + hour, as I have done for many long nights and days; and + then I believe it would move that rocky heart of yours, + that can be so thoughtless of me as you are; But if it + were designed for that end, to make the summer the more + delightful, I wish it may have the effect so far, as to + continue it to be so too, that the weather may never + overcast again; the which if I could be assured of, it + would recompense me for all that I have ever suffered, + and make me as easy a creature as I was the first moment + I received breath. When you come to H----d pray let + your steed guide you, and do not do as you did the last + time; and be sure order your affairs to be here as soon + as you can, which cannot be sooner than you will be + heartily welcome to + + Your very sincere Friend.' + + '_For Mrs. Jane Ellen, at Mr. Hargrave's, + near Temple-bar, London._' + + + COWPER--Though it is directed to Mrs. Jane Ellen, it begins in + the inside 'Sir,' and it is dated the 5th March next before the + 13th. + + HATSELL, BARON--What March was it? + + MR. MARSHALL--I kept no account of the time, but I am very + positive, by the contents, that Mr. Cowper shewed me this + letter and I read it, but by my now remembrance, it should be + longer since than March last. + + COWPER--It was March last. That which will set Mr. Marshall's + memory to rights is this other letter, which I received at the + Rainbow, when he was by, and he read it; and it importuning me + to a matter of this kind, I did produce it to my brother and + him; they both knew of it; and both read it, and that will + refresh his memory concerning the date of the other. + + MR. MARSHALL--My lord, I was in the coffee-house with Mr. + Cowper when he received this letter; and he afterwards shewed + it to Mr. William Cowper, at the Covent-garden tavern, when I + was by. + + CLERK OF ARRAIGNS--This is dated the 9th of March, and directed + to Mrs. Jane Ellen, at Mr. Hargrave's. + + '_March 9._ + + SIR, + + I writ to you by Sunday's post, which I hope you have + received; however, as a confirmation, I will assure you + I know of no inconveniency that can attend your + cohabiting with me, unless the grand jury should + thereupon find a bill against me; but I won't fly for + it, for come life, come death, I am resolved never to + desert you; therefore according to your appointment I + will expect you and till then I shall only tell you, + that I am + + 'Yours,' etc. + + '_For Mrs. Jane Ellen, at Mr. Hargrave's, + near Temple-bar, London._' + + + COWPER--If your lordship please, I will further prove this + letter by my brother. + +_William Cowper_ said that about a year and a half since, when Mrs. +Stout was in London, his brother came to his chamber in the Temple, and +told him that he had received a letter from Mrs. Stout, saying that she +intended to visit him in his chamber that day. His brother told the +witness that because of her connection with Marshall, as well as for +other reasons, he would not receive her there; and it was arranged that +as she intended first to dine with their father at his house in Hatton +Garden, where the witness was then living, he should take the +opportunity for casually remarking that the prisoner was that day gone +to Deptford, as he in fact intended to do. This plan was carried out, +with the result that Mrs. Stout left the room fainting. The witness then +went on to give an account of how his brother showed him the last letter +mentioned, at the Covent Garden Tavern-- + + Saith he, the occasion of my shewing it, is not to expose a + woman's weakness, but I would not willingly lie under too many + obligations, nor engage too far; nor on the other hand would I + be at an unnecessary expence for a lodging. + +It was accordingly arranged that the witness should write to Barefoot to +dispose of his lodgings, as Cowper had already related. + + I said I would write the next day, being Saturday; but when I + should have writ, it was very late, and I was weary, being then + tied down to the business of parliament; and partly for that + reason, and partly in point of discretion, which I had upon my + second thoughts, that it would be better for my brother to be + at Mr. Barefoot's, which is near the court, and in the market + place, I did neglect writing; and though I thought of it about + eleven o'clock, yet, as I said, partly for one reason, and + partly for another, I did not write that time.' + +_Beale_ was then called to prove the hand-writing of the letters, and +the jury declared themselves satisfied. + + HATSELL, BARON--I believe you may ask her mother, she will tell + you whether it be her daughter's hand. + + MRS. STOUT--How should I know! I know she was no such person; + her hand may be counterfeited. + + HATSELL, BARON--But if it were written in her more sober stile, + what would you say then? + + MRS. STOUT--I shan't say it to be her hand unless I saw her + write it. + + MR. STOUT--It is like my sister's hand. + + HATSELL, BARON--Do you believe it to be her hand? + + MR. STOUT--No, I don't believe it; because it don't suit her + character. + +_Mrs. Barefoot_ had expected Cowper at her lodgings, and had prepared a +bed for him. Cowper came to her house as usual, and sent to the +coffee-house for his bag. Mrs. Stout sent her maid over to invite Cowper +to dine at their house. Cowper came back to her house about eleven, by +the town clock, and did not go out again. + +_Hanwell_, the last witness's maid, made some preparations in Cowper's +room before he went to bed, which he did a little before twelve. + +Referring to the last-quoted letter of the deceased woman, Cowper says: + + 'I had rather leave it to be observed, than make the + observation myself, what might be the dispute between us at the + time the maid speaks of. I think it was not necessary she + should be present at the debate; and therefore I might not + interrupt her mistress in the orders she gave; but as soon as + the maid was gone I made use of these objections; and I told + Mrs. Stout by what accident I was obliged to take up my + lodgings at Mrs. Barefoot's, and that the family was sitting up + for me; that my staying at her house under these circumstances, + would in probability provoke the censure of the town and + country; and that therefore I could not stay, whatever my + inclination might otherwise be; but, my lord, my reasons not + prevailing, I was forced to decide the controversy by going to + my lodging; so that the maid may swear true, when she says I + did not contradict her orders.' + +_Spurr_ proved that Cowper came to the Glove and Dolphin Inn as the +clock struck eleven, and stayed there about a quarter of an hour. The +Glove and Dolphin was a little less than a quarter of a mile from Mrs. +Stout's house. + +Cowper then pointed out that, according to Sarah Walker's evidence, he +left Mrs. Stout's house at a quarter to eleven by the real time; that +if, as he should prove, it took half an hour to go from there to the +place where Mrs. Stout was drowned, he could not, according to the +evidence he had just called, have been there. + +_Sir W. Ashurst_ said it took him half an hour and one minute to walk to +the place where the deceased was drowned. _Sir T. Lane_ said it took him +about three-quarters of an hour, 'and we did not stay at all by the way, +except just to look upon the hospital.' + +_Kingett_ and _Man_, two servants at the Glove and Dolphin, confirmed +Spurr's evidence as to the time when Cowper arrived there and the time +he stayed there; adding that he came there to ask about an account for +his horse. + + HATSELL, BARON--Pray, wherein hath Sarah Walker said anything + that is false? + + COWPER--In this: I asked her when she gave evidence, whether + she went out to see for her mistress all that night, and + whether her mistress did not use to stay out at nights, and + whether she herself had not used to say so? If your lordship + pleases to remember, she said no. Pray, Mrs. Mince, what have + you heard Mrs. Stout's maid say concerning her mistress, + particularly as to her staying out all night? + + MRS. MINCE--She hath said, that her mistress did not love to + keep company with Quakers; and that she paid for her own board + and her maid's; and that, when she entertained any body, it was + at her own charge. And she hath said, that Mrs. Stout used to + ask, who is with you, child? and she would not tell her; and + that she did entertain her friends in the summer house now and + then with a bottle of wine; and when her mother asked who was + there? her mistress would say, bring it in here, I suppose + there is none but friends; and after the company was gone, she + used to make her mother believe that she went to bed: but she + used to go out and take the key with her, and sometimes she + would go out at the window, and she said particularly, one time + she went out at the garden window, when the garden door was + locked, and that she bid her not sit up for her, for she would + not come in at any time. + + HATSELL, BARON--Did ever Sarah Walker tell you that Mrs. Stout + staid out all night? + + MRS. MINCE--She hath said, she could not tell what time she + came in, for she went to bed. + +_Cowper_ offered to prove that Gurrey, at whose house the other +prisoners had stayed, had said that if he had gone to visit Mrs. Stout, +meaning apparently, if he had gone to visit the mother after the +daughter's death, the prosecution would not have taken place. To this he +would answer that he never had gone to see her in his life. + + Now, for a man officiously to make a new visit in the time of + the assizes, one engaged in business as I was, and especially + upon so melancholy an occasion; I say for me to go officiously + to see a woman I never had the least knowledge of, would have + been thought more strange (and justly might have been so) than + the omission of that ceremony. For my part, I cannot conceive + what Mr. Gurrey could mean, this being the case, by saying, + that if I had visited Mrs. Stout, nothing of this could have + happened. + + HATSELL, BARON--Mr. Cowper, he is not the prosecutor, I think + it is no matter what he said. + +_Sir W. Ashurst, Sir T. Lane, and Mr. Thompson_ were then called to +Cowper's character, and described him as a humane, upright, and capable +man. + +This concluded the case against Cowper, and the case of Marson was next +considered. In reply to a question from the judge, he explained that +Stephens was the clerk of the paper in the King's Bench; that Rogers was +steward of the King's Bench; and that it was their duty to wait upon the +Lord Chief-Justice of the King's Bench out of town. On Monday they all +went to the Lord Chief-Justice's house in Lincoln's Inn Fields, +according to their custom, and all set out from there. Marson, being +only an attorney in the borough court, could not go further with the +others than Kingsland, and returned from there to his business in +Southwark, where he attended the Court, as was his duty, and set out +again at past four in the afternoon. On arriving at Waltham he met one +Mr. Hanks, a clergyman, who was returning from attending the Lord +Chief-Justice to Hertford, whom he persuaded to return with him to +Hertford, on the plea that he did not know the way. They galloped all +the way, and did not arrive at Hertford till eight. There they found the +marshal, Stephens, Rogers, Rutkin, and others of the marshal's +acquaintance at the coffee-house, from which they went to the Glove and +Dolphin, and stayed there till eleven o'clock. Rogers and the witness +had a dispute about which of them should lie with Stephens at Gurrey's +house, and they all went to Gurrey's to see what could be arranged, and +to drink a glass of wine. Eventually Stephens, Rogers, and Marson, all +stayed at Gurrey's; while Hanks and Rutkin went back to the marshal's. +The party at Gurrey's drank three bottles of wine, + + and afterwards, in jocular conversation, I believe Mr. Stephens + might ask Mr. Gurrey if he knew of one Mrs. Sarah Stout? And + the reason why he asked that question our witness will explain. + I believe he might likewise ask what sort of woman she was? and + possibly I might say the words, My friend may be in with her, + though I remember not I did say anything like it; but I say + there is a possibility I might, because I had heard she had + denied Marshall's suit, and that might induce me to say, My + friend may be in with her, for all that I remember. I confess + Mr. Rogers asked me what money I had got that day, meaning at + the Borough Court? I answered fifty shillings; saith he, we + have been here a-spending our money, I think you ought to treat + us, or to that purpose. As to the bundle mentioned I had no + such, except a pair of sleeves and a neck-cloth. As to the + evidence which goes to words spoken, the witnesses have + fruitful inventions; and as they have wrested and improved the + instances I have been particular in, so they have the rest, or + otherwise forged them out of their own heads. + + HATSELL, BARON--Mr. Rogers, what do you say to it? + + ROGERS--We came down with the marshal of the King's bench, it + rained every step of the way, so that my spatter-dashes and + shoes were fain to be dried; and it raining so hard, we did not + think Mr. Marson would have come that day, and therefore we + provided but one bed, though otherwise we should have provided + two, and were to give a crown for our night's lodging. We went + from the coffee-house to the tavern, as Mr. Marson has said, + and from the tavern the next way to our lodging, where there + was some merry and open discourse of this gentlewoman; but I + never saw her in my life, nor heard of her name before she was + mentioned there. + + STEPHENS--We never stirred from one another, but went along + with the marshal of the King's bench, to accompany my lord + chief-justice out of town, as is usual. + + HATSELL, BARON--I thought it had been as usual for him to go + but half the way with my lord chief-justice. + + ROGERS--They generally return back after they have gone half + the way, but some of the head officers go throughout. + + STEPHENS--It was the first circuit after the marshal came into + his office, and that is the reason the marshal went the whole + way. + + HATSELL, BARON--Did not you talk of her courting days being + over? + + PRISONERS--Not one word of it; we absolutely deny it. + + STEPHENS--I never saw her. + + JONES--Mr. Marson, did you ride in boots? + + MARSON--Yes. + + JONES--How came your shoes to be wet? + + MARSON--I had none. + +_Hunt_ gave an account of how he was at the Old Devil Tavern at Temple +Bar, on Sunday night, and Marson and three or four others of Clifford's +Inn being there at the same time, discoursing of the marshal's attending +the Lord Chief-Justice to Hertford, Marson said he too might be required +to go; on which one of the company said, 'If you do go to Hertford, pray +enquire after Mr. Marshall's mistress, and bring us an account of her;' +and it was this discourse that gave occasion to talk of Mrs. Stout at +Gurrey's house, which was done openly and harmlessly. This story was +corroborated by one Foster, who had been at the Devil; and Stephens +offered to call another witness to the same purpose, but was stopped by +the judge. + +_Hanks_ was called, and gave the same account of his arrival in Hertford +as Marson had already given. He was in Marson's company from the time he +met him till he left him at his lodgings, at about eleven o'clock. + +_Rutkin_ was called by Marson to give an account of his coming to +Hertford. + + RUTKIN--My lord, I came to wait on the marshal of the King's + Bench to Hertford, and when we were come to Hertford we put up + our horses at the Bull, and made ourselves a little clean; we + went to church, and dined at the Bull, and then we walked in + and about the court, and diverted ourselves till about seven + o'clock; and between seven and eight o'clock came Mr. Marson + and Dr. Hanks to town, and then we agreed to go to the Dolphin + and Glove to drink a glass of wine; the marshal went to see an + ancient gentleman, and we went to the Dolphin and Glove, and + staid there till past ten o'clock, and after the reckoning was + paid we went with them to their lodging, with a design to drink + a glass of wine; but then I considered I was to lie with the + marshal, and for that reason I resolved not to go in, but came + away, and went to the Bull Inn, and drank part of a glass of + wine and afterwards went to the next door to the Bull Inn, + where I lay with the marshal. + +_Marson_ called witnesses to character, who swore that they had always +had a good opinion of him, that they had never seen him but a civilised +man, that he had been well brought up amongst them, and that they had +never seen him given to debauchery. + +_Cowper_ said that he was concerned to defend the other prisoners as +much as himself, and that there was something he wished to say in their +behalf. + + 'The principal witness against them is one Gurrey; and I will + prove to you, that since he appeared in this court, and gave + his evidence, he went out in a triumphant manner, and boasted + that he, by his management, had done more against these + gentlemen than all the prosecutor's witnesses could do besides. + To add to that I have another piece of evidence that I have + just been acquainted with; my lord, it is the widow Davis, + Gurrey's wife's sister, that I would call. + +_Mrs. Davis_ was asked by her sister to help her lay the sheets for the +men in Gurrey's house, and while she was doing so the gentlemen came +into the room; it was then about ten, or something later. They had three +quarts of wine and some bread and cheese, and then went to bed; and +after that Gurrey went to fetch Gape, who lodged at his house, from +Hockley's. + + COWPER--I only beg leave to observe that Gurrey denied that he + went for him. + + HATSELL, BARON--Ay; but this signifies very little, whether it + be true or false. + +Various other witnesses were called, who gave all the prisoners +excellent characters in their private and professional capacities. + + JONES--My lord, we insist upon it, that Mr. Cowper hath given a + different evidence now, from what he did before the coroner; + for there he said he never knew any distraction, or love fit, + or other occasion she had to put her upon this extravagant + action. Now here he comes, and would have the whole scheme + turned upon a love-fit. Call John Mason. + +_Mason_, in answer to questions put to him by Mr. Stout and Jones, said +that Cowper, before the coroner, had said that he knew no cause for Mrs. +Stout's suicide; and that she was a very modest person. He was asked +whether he knew any person she was in love with, and he said he knew but +of one, and his name was Marshall, and he was always repulsed by her. + +_Archer_ was present at the inquest, and heard Cowper say that he knew +no occasion of Mrs. Stout's death, nor of any letters. + + COWPER--Then I must call over the whole coroner's inquest, to + prove the contrary. + + HATSELL, BARON--Did they ask him concerning any letters? + + ARCHER--They asked him, If he knew of any thing that might be + the occasion of her death? + + HATSELL, BARON--I ask you again, if they asked him if he knew + of any letters? + + ARCHER--My lord, I do not remember that. + + MR. STOUT--I would have called some of the coroner's inquest + but I was stopped in it. + + JURYMAN--We have taken minutes of what has passed; If your + lordship pleases we will withdraw. + + HATSELL, BARON--They must make an end first. + +_Mrs Larkin_ was called, and said that Rutkin came to her house between +nine and ten, and that the marshal did not come in till an hour +afterwards. + +_Mr. Stout_ desired to call witnesses to his sister's reputation; and +_Jones_ said that the whole town would attest to that. + +_Hatsell, Baron_, then summed up. He said that the jury could not expect +that he should sum up fully, but that he would notice the most material +facts, and that if he omitted any thing, Jones or Cowper would remind +him of it. He then recapitulated Sarah Walker's evidence, very briefly; +and then went on:-- + + The other witnesses that came afterwards, speak concerning the + finding of the body in the river, and tell you, in what posture + it was. I shall not undertake to give you the particulars of + their evidence; but they tell you she lay on her right side, + the one arm up even with the surface of the water, and her body + under the water; but some of her cloaths were above the water. + You have also heard what the doctors and surgeons said on the + one side and the other, concerning the swimming and sinking of + dead bodies in the water; but I can find no certainty in it; + and I leave it to your consideration. + +Further, there were no signs of water in the body, and it was said that +this was a sign that she was not drowned; but then it was answered that +it might show that she had drowned herself, because if she wished to +drown herself she would choke herself without swallowing any water. + + The doctors and surgeons have talked a great deal to this + purpose, and of the water's going into the lungs or the thorax; + but unless you have more skill in anatomy than I you would not + be much edified by it. I acknowledge I never studied anatomy; + but I perceive that the doctors do differ in their notions + about these things.... Gentlemen, I was very much puzzled in my + thoughts, and was at a loss to find out what inducement there + could be to draw in Mr. Cowper, or these three other gentlemen, + to commit such a horrid, barbarous, murder. And on the other + hand, I could not imagine what there should be to induce this + gentlewoman, a person of plentiful fortune, and a very sober + good reputation, to destroy herself.' + +But if they believed the letters that had been produced to be in her +hand, there was evidence to show that although she was a virtuous woman, +a distemper might have turned her brains, and discomposed her mind. + + As to these three other gentlemen that came to this town at the + time of the last assizes, what there is against them, you have + heard; they talked at their lodging at a strange rate, + concerning this Mrs. Sarah Stout, saying, her business is done, + and that there was an end of her courting days, and that a + friend of theirs was even with her by this time. What you can + make of this, that I must leave to you; but they were very + strange expressions; and you are to judge whether they were + spoken in jest, as they pretend, or in earnest. There was a + cord found in the room, and a bundle seen there, but I know not + what to make of it. As to Mrs. Stout, there was no sign of any + circle about her neck, which, as they say, must have been if + she had been strangled; some spots there were; but it is said, + possibly these might have been occasioned by rubbing against + some piles or stakes in the river. Truly, gentlemen, these + three men, by their talking, have given great cause of + suspicion; but whether they, or Mr. Cowper, are guilty or no, + that you are to determine. I am sensible I have omitted many + things; but I am a little faint, and cannot remember any more + of the evidence. + +The jury then retired, and in half an hour returned with a verdict of +Not Guilty as to all the prisoners. + +The acquittal in this case led to an appeal of murder, the most curious +survival of the earliest English criminal procedure, which was not +finally abolished till 1819. The effect of such a proceeding was that +after an acquittal on an indictment for murder, the prosecutor might +challenge the accused to an ordeal by battle. Accordingly, in the long +vacation following the trial, Mrs. Stout, the mother of the dead woman, +sued a writ of appeal out of Chancery, against Cowper, in the name of an +infant who was her daughter's heir. The sealing of the writ was delayed, +it is said to nearly the last possible day, a year after the alleged +murder, for the purpose of keeping the matter in suspense as long as +possible; and the consent of the mother of the infant to Mrs. Stout's +being named as his guardian for the purpose, was obtained from her by a +fraudulent representation that the object of the proceeding was to +obtain the deceased woman's property for him. On discovering what its +real effect was, she and her friends applied to one Toler, the +under-sheriff of Hertfordshire, for the writ, and on his giving it up to +them, burnt it. On a rule being obtained for the return of the writ, and +it appearing that Toler had delivered it to the infant's mother, he was +adjudged guilty of a gross contempt, and heavily fined. Holt, Lord +Chief-Justice, said on this occasion that + + he wondered that it should be said that an appeal is an odious + prosecution. He said he esteemed it a noble remedy, and a badge + of the rights and liberties of an Englishman. The court of + king's bench, to show their resentment, committed Toler to the + prison of the king's bench for his fine, though the clerk in + court would have undertaken to pay it. And Holt, chief-justice, + said to Toler, that he had not been in prison long enough + before, and that he might now, if he pleased, go to Hertford + and make his boast that he had got the better of the king's + bench. + +Afterwards Mrs. Stout petitioned the Lord Keeper for another writ; the +infant and his mother presenting a counter-petition disowning their +former writ as sued forth without their consent. After an argument +before a full court it was decided that the Court had power to grant a +new writ, but that it would be unjust to grant one under the present +circumstances, because, among other reasons, the appellant and his +mother had renounced the writ as soon as they understood its nature, and +there was no proof that the appellees had been privy to their action. + +FOOTNOTES: + +[43] Spencer Cowper (1669-1727) was the younger brother of Earl Cowper, +who was the first Lord Chancellor of Great Britain. He was educated at +Westminster, and made Controller of the Bridge House Estates in 1690. At +the time of this trial his brother was the member for Hertford. In 1705 +and 1708 he represented Beeralston in Parliament; he was one of the +managers in Sacheverell's trial, and lost his seat in consequence, but +was afterwards elected for Truro in 1711. In 1714 he became +Attorney-General to the Prince of Wales, and in 1717 Chief-Justice of +Chester. On the accession of George the Second he was made +Attorney-General of the Duchy of Chester, and a Judge of the Common +Pleas in 1727. He died the same year. He was the grandfather of William +Cowper the poet. + +[44] Sir Henry Hatsell (1641-1714) was the son of an active Roundhead +who sat in the House of Commons during the Commonwealth. He was educated +at Exeter College, was called to the Bar in 1667, and became a Baron of +the Exchequer in 1697. The present trial was the most conspicuous with +which he was connected, from which fact it may be supposed that he never +enjoyed a very high reputation. He was removed from the Bench soon after +Queen Anne's accession. + +[45] This John Dimsdale was apparently the father of the first Baron +Dimsdale, who inoculated Catharine of Russia and the Grand Duke Paul, +her son, for smallpox in 1728. John's father was William, who +accompanied William Penn to America in 1684; so that it is not clear who +the Mr. Dimsdale, senior, and Dr. Robert Dimsdale of this trial were. +The family is, however, one which has long been settled in +Hertfordshire. + +[46] _Vulgar Errors_, Book IV., ch. vi., 'Of Swimming and Floating.' + +[47] The Lord of the Manor might have a right to the forfeited goods of +a felon. + +[48] Sir Hans Sloane (1660-1753) was born in Co. Down. He studied +medicine abroad, and was elected a member of the Royal Society in 1685. +In 1687 he went to the West Indies as secretary to the Duke of +Albemarle, and made valuable scientific collections. He was elected +secretary of the Royal Society in 1693, and succeeded Sir Isaac Newton +as president of the same body in 1727. He was physician to Queen Anne +and George the Second, and founded the botanical garden at Chelsea for +the Society of Apothecaries. He left his collections to the nation, and +they formed part of the original nucleus of the British Museum. Sloane +Street and Hans Square derive their names from him. + +[49] The lay reader must observe that Sloane is talking of the 'civil +law.' + +[50] William Cowper (1666-1709) was a leading surgeon at the time of +this trial, having been elected a member of the Royal Society in 1696, +and in 1698 having published a treatise on anatomy, which led to a +vigorous controversy between him and a Dutch doctor of the name Bidloo, +whose anatomical plates he seems to have adopted for his own work. He +subsequently published a variety of papers on surgery, and was the +discoverer of Cowper's glands. + + + + +SAMUEL GOODERE AND OTHERS + + +On the 18th of March 1741, at the Bristol Gaol-delivery, Samuel +Goodere,[51] Matthew Mahony, and Charles White were indicted for the +murder of Sir John Dineley Goodere, the brother of the first-named +prisoner. They were tried before Serjeant Michael Foster.[52] The trial +was adjourned to the 26th on account of Goodere's health, when there +appeared for the prosecution _Vernon_, and for the prisoner _Goodere_, +_Shepard_ and _Frederick_. The other prisoners were undefended. + +_Vernon_ opened the case. He began-- + + May it please you, Mr. Recorder, and you, gentlemen that are + sworn on the jury, I am counsel for the King against the + prisoners at the bar, who stand indicted for the murder of sir + John Dineley Goodere; they are also charged on the coroner's + inquest with the same murder; and though it is impossible for + human nature not to feel some emotions of tenderness at so + affecting a sight as now presents itself at the bar; yet, + gentlemen, should the guilt of this black and frightful murder + be fixed upon the prisoners (as from my instructions I fear it + will be), pity must then give way to horror and astonishment at + the baseness and barbarity of the fact and circumstances; and + our sorrow ought to be that, through the lenity of the laws, + the unnatural author and contriver of so shocking a piece of + cruelty, and this, his brutal accomplice in the ruffianly + execution of it, should be to share the common fate of ordinary + malefactors. + + +He then proceeds to point out that the indictment alleges that Mahony +strangled the deceased, and that Goodere was present aiding and abetting +him in the act; that therefore it would be immaterial for the jury which +of the two actually committed the act, if they were acting together; and +that it would not be material whether they strangled the deceased with a +rope, a handkerchief, or their hands, 'so the kind of death be proved.' +Goodere was Sir John's brother, and there had long been a quarrel +between them owing to various causes, particularly because Sir John had +cut off the entail of a property in Worcestershire, to which Goodere +would otherwise have been the heir in default of Sir John's issue. He +had recently been appointed captain of the _Ruby_ man-of-war, and in +January last she was lying in the King's road, within the county of +Bristol. Sir John had been ordered to Bath for his health, and had made +an engagement to call, on his way there, at the house of Mr. Jarrit +Smith, in Bristol, to transact some business. Goodere had asked Smith to +arrange a meeting between him and his brother to effect a +reconciliation, and accordingly this visit, which was to take place on +Tuesday the 13th of January, had been fixed upon for the purpose. On +Monday the 12th, Goodere and Mahony called at the White Hart Inn, near +the foot of College Green, in view of, and almost opposite to, Smith's +house; and Goodere, commending the view from a closet above the porch, +ordered breakfast to be prepared for him there the next day. On Tuesday, +Goodere, accompanied by Mahony, and a gang of men belonging to a +privateer called the _Vernon_, whom he had hired to assist him in +seizing Sir John, 'but whom one would have thought, the name of that +gallant admiral should have inspired with nobler sentiments,' came to +the White Hart, where Goodere went upstairs to the closet he had +ordered, and the others posted themselves below to watch for Sir John. +He soon arrived, armed with pistols, and followed by a servant, but only +made a short stay at Mr. Smith's, promising to come again the next +Sunday. He was too well protected for it to be advisable to interfere +with his movements, but Goodere's men, at his order, followed him a +little way down the hill as he left the house. Mr. Smith afterwards told +Goodere that his brother would return the next Sunday, and advised him +to be in the way, that he might bring them together. Goodere accordingly +made all his arrangements to effect his purpose. He ordered one +Williams, a midshipman, to bring up the man-of-war's barge on Sunday, to +leave it at a point a little below Bristol, with two or three men in +charge of her, and to bring on the rest of the crew to meet him at the +White Hart, explaining that he was going to bring some one on board. +Accordingly, on the Sunday, Goodere, the barge-men, and the +privateersmen, all met at the White Hart; and at three in the afternoon +Goodere went across to Mr. Smith's. There he met his brother, with whom +he spent some time, conversing and drinking with him apparently on +perfectly friendly terms. After half an hour, however, Sir John rose to +go, followed by his brother; as soon as they got into the street Goodere +made a sign to his men in the White Hart, who immediately seized Sir +John, and partly led him, and partly carried him towards the boat which +was waiting for them, as Goodere had ordered. Sir John made what +resistance he could, calling out that he was ruined, and that his +brother was going to take his life; his captors, however, explained to +bystanders who tried to interfere that he was a murderer, whom they were +arresting, and kept off the crowd by means of the bludgeons and +truncheons with which they were armed. They could not prevent Sir John, +however, from calling out, as he was being put into the barge, that he +was going to be murdered, that the people by were to tell Mr. Smith, and +that his name was Sir John Dineley. The privateersmen were landed lower +down the river, and at about seven in the evening Sir John was brought +on board the _Ruby_. There his brother pretended to the crew that he was +a madman, and shut him up in the purser's cabin, on to the door of +which he had two new bolts fitted. A sentry was posted outside the door, +but at some time after midnight he was relieved by Goodere himself, who +admitted Mahony and White, keeping back another man from approaching it. +A struggle was heard in the cabin, and Sir John calling out, 'Murder! +must I die! Help, for God's sake! save my life, here are twenty guineas, +take it!' Then Mahony called for a light, which was handed in to him by +Goodere, while he still kept another man away from the cabin door by his +cutlass. Goodere then withdrew to his cabin, and Mahony and White were +put ashore in the ship's yawl. In the morning the ship's cooper, who had +heard Sir John calling out, and in fact seen a part of the attack on him +through a chink, broke open the door of the purser's cabin and found the +dead body. Goodere was then arrested by the crew, and brought before the +Mayor of Bristol, where he denied all knowledge of the matter. + +_Shepard_ asked that the witnesses for the prosecution should be ordered +out of court. + +_Vernon_ replied that he had no right to this, and that as it would seem +to cast a slur upon their honesty he objected to it being done. + +_Shepard_ admitted that he had no right to it, but asked it as a favour; +on which all witnesses were ordered to leave the court, an exception +being made in favour of Mr. Jarrit Smith, who claimed a right to be +present as he was prosecuting solicitor as well as a witness. + +_Chamberlayn_ was called, and said that about three weeks before the +death of Sir John he was asked by Goodere to interpose with Mr. Jarrit +Smith to bring about a reconciliation between him and Sir John. He went +to Mr. Smith as he was asked to, and he promised to do all he could in +the matter. The brothers had been at law a long while, and spent a great +deal of money, and that was why Goodere wanted Mr. Smith to bring about +a reconciliation between them. + +_Jarrit Smith_ was then called, and deposed that Mr. Chamberlayn had +brought him the message he had described, and had brought Goodere to his +house, and that he had promised him to do what he could to bring about a +reconciliation. + + Some little time after they were gone, I saw sir John, and told + him that Mr. Goodere had applied to me to do all I could to + reconcile them. Sir John seemed to speak much against it at + first, and thought it would be to no purpose; for that he had + been a real friend to the captain, who had used him very ill; + but at last he was pleased to pass a compliment on me, and + said, I cannot refuse anything you ask of me. He then mentioned + several things the captain had said; and in particular told me + that at the death of sir Edward Goodere, his father, Mr. + Goodere, the prisoner, had placed several persons in the house + where sir Edward lay dead, in order to do him some mischief, + and he apprehended to take away his life. + + SHEPARD--I must submit it to the Court, that what sir John said + at that time is not a matter of evidence. + + THE RECORDER--It is not evidence, but perhaps it is + introductory to something Mr. Smith has further to say; if it + be not, it should not have been mentioned. + + SMITH--And that he had endeavoured to set aside a common + recovery, and made strong application to the Court of Common + Pleas for that purpose. + + SHEPARD--Whether this be evidence, I insist upon it that in + point of law it is not, and it may have an effect on the jury. + + THE RECORDER--I will take notice to the jury what is not + evidence. Go on, Mr. Smith. + + SMITH--After sir John had repeated several stories of this + sort, he concluded at last (as I told you before), And why, Mr. + Smith, if you ask it of me, I can't refuse. I saw Mr. Goodere + soon after, and told him I had seen sir John and talked with + him, and he was pleased to tell me, that he would see him, and + bid me contrive a convenient place to bring them together. I + told Mr. Goodere about the attempt to set aside the recovery. I + wonder, said Mr. Goodere, he should mention anything of that, + for I can set it aside when I please. I told him, I thought he + could not; for, said I, I have a good opinion on it, and am to + lend a large sum of money on the Worcestershire estate. He + said, I wonder that any body will lend him money on that + estate; I am next in remainder, and they will run a risk of + losing their money, I do assure you; and he cannot borrow a + shilling on it without my consent: but if my brother was + reconciled, then, if we wanted money, we might do it together, + for he cannot secure it alone. He told me, that he should take + it as a great favour, if I could fix a time as soon as I could + to bring them together. Soon after I saw sir John, and he told + me he was very deaf, and was advised to go to Bath, and then + appointed to be with me on Tuesday, the 13th of January last, + in the morning, when he would talk with me about the business + of advancing the money on his estate. After this I saw Mr. + Goodere, and told him that I had seen his brother; that he was + to be with me on Tuesday, the 13th of January last, and desired + him to be in the way, for sir John was always very punctual to + his appointment; and if business or anything happened to + prevent him he always sent me a letter. Mr. Goodere thanked me, + and told me he would be in the way; and on the Tuesday morning + sir John came to me on horseback, just alighted and came into + my office. I asked him to sit down, which he refused, saying + his head was bad; that he must go for Bath, having been advised + to go there for some time, and then he did not doubt but he + should be better. I told sir John, that his brother knew he was + to be in town therefore hoped he would sit down a little, for + that I had promised him to bring them together. He said, I + can't now, but you shall see me again soon, and then I may do + it. I asked him, when shall I see you again, to finish the + business you and I are upon? the writings are ready, name your + own time, the money will be paid. He appointed to be with me on + Monday morning to settle that business; and said, I shall come + to town the Saturday or Sunday before, and when I come I will + let you know it: he then mounted his horse and rid off. + Shortly after (as I was going to the Tolzey) at, or under + Blind-gate, I met Mr. Goodere, and told him I was glad to see + him and that his brother had been in town. He said he had seen + him and thought he looked better than he used to do. I told Mr. + Goodere that his brother had appointed to be with me on Monday + morning next on business, and I expected him to be in town + either the Saturday or Sunday before. I then had many + compliments from Mr. Goodere, and he said, how good it would be + to make up the matter between him and his brother. I heard + nothing of sir John being in town till Sunday the 18th of + January last, in the morning, when he sent me a letter to let + me know that he came to town the night before, and would be + glad to call upon me at any time I would appoint. I sent him + for answer, that I was to dine from home, but would return and + be at home at three o'clock that afternoon. And as I was + passing by, I stopt the coach at captain Goodere's lodgings in + Princes Street. I asked if he was at home? Found him alone, and + then shewed him sir John's letter. He read it, and asked the + time I appointed. I told him three o'clock that afternoon. Said + he, I think my brother writes better than he used to do. I + said, Mr. Goodere, I think it would be best for you to be + accidentally on purpose at that time at my house. No, says he, + I don't think that will be so well, I think it would be better + for you to send for me. I returned to my house, and my servant + told me that sir John had called, and that he would be here + again presently. Whilst my servant was telling this, sir John + came in; I took him by the hand, and asked him how he did? I + thank God, says he, I am something better; and after I have + settled this affair with you, I will go to Bath for some time, + and then, I hope, I shall be better. I said, captain Goodere is + waiting, I beg you will give me leave to send for him; you know + you said you would see him. With all my heart, says sir John, I + know I gave you leave. I then sent down a servant to captain + Goodere's lodgings, to let him know sir John was with me, and + desired him to come up. The servant returned, and said, Here is + captain Goodere; on which I said, sir John, please to give me + leave to introduce your brother. He gave me leave: captain + Goodere came in, went directly and kissed him as heartily as + ever I had seen any two persons who had real affection one for + the other. I desired them to sit down. Sir John sat on one side + of the fire, and captain Goodere on the other, and I sate + between them. I called for a table and a bottle of wine, and + filling a full glass, I said, sir John, give me leave to drink + love and friendship. Ay, with all my heart, says sir John; I + don't drink wine, nothing but water; notwithstanding, I wish + love and friendship. Captain Goodere filled a bumper, and + pledged it, spoke to his brother, and drank love and friendship + with his brother's health. We sate some time, all seemed well, + and I thought I could have reconciled them. The cork lying out + of the bottle, captain Goodere takes up the cork in his hand, + put it into the mouth of the bottle and struck it in very hard. + I then said, though sir John will not drink wine, you and I + will. No, says captain Goodere, I will drink water too, if I + drink any more; and there was no more drank. After they had + talked several things (particularly captain Goodere of the + pleasantness of the situation of the estate in Herefordshire + and goodness of the land) in a very pleasant and friendly way, + sir John rose up, and said, Mr. Smith, what time would you have + me be with you to-morrow morning? I appointed nine o'clock. He + said, Brother, I wish you well; then said to me, I will be with + you half an hour before. Sir John went down the steps; the + captain was following; I stopt him, and said, Pray don't go, + captain, let you and I drink a glass of wine. No more now, I + thank you, sir, said he. I think, said I, I have done great + things for you. He paused a little and said, By God, it will + not do; and in a very short time the captain went very nimbly + down the steps. I followed him to the door, and observed him to + go after sir John down the hill; and before he turned the + churchyard wall, to be out of my sight, I observed some sailors + come out of the White Hart ale-house, within view of my door, + and they ran up to captain Goodere. I heard him say, Is he + ready? (I thought he meant the boat), they said, Yes. He bid + them make haste. Then they ran very fast towards the + lower-green, one of them having a bottle in his hand; captain + Goodere went very fast down the hill, and had it not been by + mere accident I should have followed him (but some people think + it was well I did not), for I promised my wife to return to the + house where we dined in Queen's-square, where I went soon + after. + + MR. RECORDER--Mr. Smith, did they all go toward the lower + green? + + SMITH--No, Sir; but some towards the butts on St. Augustine's + back. Sir John went that way, and captain Goodere followed him; + but the men who came out of the ale-house went toward the lower + green some of them. About 5 o'clock in the evening, as I was + riding up the hill towards the College-green I observed a + soldier looked hard at me into the coach, as if he had + something to say, and seemed to be in a confusion. I walked + into the court, the soldier with me, and then he said, I am + informed, Sir, your name is Mr. Jarrit Smith. Yes, says I, it + is. (What I am now going to say, Mr. Recorder, is what the + soldier told me.) He told me, that as he was drinking with a + friend at the King's Head ale-house at the Lime-kilns, he heard + a noise, and ran out to see what was the matter, when he saw a + person dressed (as he described) like sir John's dress. + + VERNON--Pray, Sir, how was sir John dressed? + + SMITH--Sir John was dressed in black clothes, he had a ruffled + shirt on, a scarlet cloak, a black velvet cap (for the sake of + keeping his ears warm) and a broad-brimmed hat flapping. He + described this exactly, and told me likewise, that the captain + of the man-of-war and his crew had got the person into custody, + and by force had put him on board the man-of-war's barge or + boat lying near the Slip, by the King's Head; that the + gentleman cried out, For God's sake if you have any pity or + compassion upon an unfortunate man, go to Mr. Jarrit Smith, and + tell him how I am used: and that the captain hearing him cry + out, stopt his mouth with his hand. + + MR. RECORDER--What did the soldier desire of you? + + SMITH--The soldier desired me to enquire into it, for that he + did not know the intention of taking off a gentleman in that + way. + + MR. RECORDER--Did you do any thing on that request of the + soldier? + + SMITH--Yes, Sir; it immediately occurred to me, that sir John, + when he left my house, told me that he was going to his + lodgings. I went to his lodgings (which was at one Mr. Berrow's + near the mint), I there asked for him, and related the story I + had heard; they told me they had not seen him since he went to + my house. + + VERNON--Mr. Smith, Sir, will you inform us by what name the + unfortunate gentleman (you are speaking of) was commonly + called? + + SMITH--Sir John Dineley Goodere; his mother was a Dineley, and + there came a great estate from her side to him, which + occasioned his being called by the name of Dineley. + + VERNON--When sir John went from your house on Tuesday, was he + alone, or had he any attendants with him? + + SMITH--Sir John was well guarded; he had pistols, and I think + his servant had pistols also. + + VERNON--I think you told us but now, that sir John was to be + with you on Sunday; pray, when did you let Mr. Goodere know it, + Sir? + + SMITH--I met captain Goodere that very day at Blind-gate, and + told him of it; and he said, he had met his brother himself. + + VERNON--Pray, Sir, did Mr. Goodere tell you, to whom the estate + would go on sir John's death? + + SMITH--Yes, he has often said he was the next remainder man, + and that the estate would come to himself on his brother's + death. + + MR. RECORDER--Well, Mr. Goodere, you have heard what Mr. Smith + hath said, have you any questions to ask him? + + MR. SHEPARD--Mr. Recorder, what I have to ask of you, with + submission, in behalf of Mr. Goodere, is, that you will indulge + counsel to put his questions for him to the Court, and that + the Court will then be pleased to put them for him to the + witnesses. It is every day's practice at the courts of + Westminster, Old Bailey, and in the Circuit. + +_Vernon_ replied that the matter was entirely in the discretion of the +Court, and that Shepard could ask for nothing as a matter of right. + + The judges, I apprehend, act as they see fit on these + occasions, and few of them (as far as I have observed) walk by + one and the same rule in this particular; some have gone so far + as to give leave for counsel to examine and cross-examine + witnesses, others have bid counsel propose their questions to + the court; and others again have directed that the prisoner + should ask his own questions; the method of practice in this + point is very variable and uncertain; but this we certainly + know, that by the settled rule of law the prisoner is allowed + no other counsel but the court in matters of fact, and ought + either to ask his own questions of the witnesses, or else + propose them himself to the Court. + +He then asked Jarrit Smith one more question, to which he replied. + + VERNON--Sir, I think you were present when Mr. Goodere was + brought to Bristol after his brother's being killed; I'd be + glad to know whether you then heard him say anything, and what, + concerning this foul business? + + SMITH--I was present when Mr. Goodere was brought to Bristol + after this murder happened, when he was asked (before the + justices) about the seizing, detaining and murdering sir John + Dineley; and he then directly answered that he did not know + that his brother was murdered or dead. He was then asked in + relation to the manner of seizing him, and carrying him away; + he said he knew nothing of it till he came to the boat, and + when he came there he saw his brother in the boat; but he did + not know that his brother had been used at that rate. + + SHEPARD--Mr. Smith, Sir, you are speaking about sir John; by + what name did you commonly call him? + + SMITH--Sir John Dineley Goodere. + + THE RECORDER--Mr. Goodere, have you any questions to ask Mr. + Smith? + + GOODERE--Yes, Sir. Mr. Smith, I ask you what sir John Dineley's + business was with you, and how much money were you to advance? + + SMITH--Five thousand pounds, Sir; and I told him that I was + satisfied that it was a good title. + + GOODERE--I ask you if you knew him to be a knight and a + baronet? + + SMITH--I can't tell; I never saw the letters patent. + + GOODERE--Can't you tell how you styled him in the writings? + +_Vernon_ objected to this, because baronetage must be derived from +letters-patent, and therefore could not be properly proved by Mr. +Smith's personal knowledge; and added that it was not material, because +the indictment alleged that the person murdered was Sir John Dineley +Goodere, and the prosecution would prove that he usually went by that +name. + +To this _Shepard_ answered that if the person killed was a baronet, and +was not so described, there was a misdescription, and the prisoners +could not be convicted on that indictment. + +_Vernon_ then argued at some length that the necessity of setting out a +personal description in an indictment applied only to the defendant, and +that all that the law required in the description of the person on whom +the offence was committed was a convenient certainty; and that a +description by the Christian and surname sufficed. Besides, this was all +begging the question, for as it did not appear in proof that the +deceased was a baronet, he might, for all that appeared judicially, have +been christened Sir John. + + Had we called the deceased in the indictment sir John Dineley + Goodere baronet, then, Sir, we should probably have been told + that we had failed in proof of the identity of the person, for + that the baronetage was in its creation annexed to, and made a + concomitant on, the patentee's name of Goodere, and waited only + on that name; and that the deceased, considered as a baronet, + was not of the maternal name of Dineley, and so upon the matter + no such person as sir John Dineley Goodere baronet ever existed + _in rerum natura_.[53] + + +_Shepard_ pointed out that they could not be expected to produce +letters-patent to show that the deceased was a baronet, because the +prisoner had not been allowed to see, or to have a copy of his +indictment; and that it was only on hearing it read that the defence +became aware that the deceased was not described as a baronet. He +therefore hoped that Goodere might be allowed to ask the question he +proposed of Mr. Smith, who having been familiar with Sir John, and seen +all his papers and title-deeds, must know the certainty of his title and +degree. + +_The Recorder_ held that it was sufficient if the deceased was described +by his Christian and surname; and that the question proposed to the +witness was improper, for that it was not material whether the deceased +was a baronet or not.[54] + +_Morris Hobbs_ was the landlord of the White Hart. He could see Mr. +Jarrit Smith's house from his windows; and had seen the prisoners +before. + + VERNON--I would not lead you in your evidence, but would be + glad you'd give an account to Mr. Recorder, and the jury, + whether Mr. Goodere (the gentleman at the bar) applied to you + about coming to your house; if so, pray tell us when it was, + and upon what occasion? + + HOBBS--The 12th of January (which was on Monday) captain + Goodere and Mahony came to my house; captain Goodere asked my + wife, Have you good ale here? She said, Yes; he also asked, + What place have you over-head? I answered, A closet, a place + where gentlemen usually sit to look out. Will you please to let + me see it, says he? Yes, Sir, said I. I went up to shew it, he + and Mahony went up; the captain said it was a very fine + prospect of the town; he asked for a pint of ale, I drawed it, + and he gave it to Mahony, he drank it: and then the captain + asked my wife, whether he might have a dish of coffee made + to-morrow morning? Sir, said she, it is a thing I don't make + use of in my way; but, if you please, I will get it for you. + Then he told her, he would be there to-morrow morning by about + nine o'clock. Mahony was by then. + + VERNON--Did you hear this discourse pass between your wife and + Mr. Goodere? + + HOBBS--Yes, I did, and then the captain paid for his pint of + ale, and went away; and the next morning (being Tuesday the + 13th of January) he came again to my house before my wife was + up, and I was making the fire (for I keep no servant). I did + not know him again, I thought he was another man; says he, + Landlord, can't you open them windows in the parlour? I told + him, I would, and so I did; he looked out, and I thought that + he had been looking for somebody coming from College prayers. + He asked where my wife was? Says I, she is a-bed: because, said + he, I talked with her about having some coffee for breakfast. I + told him, she should come down presently, but I had much rather + he would go down to the coffee-house, where he would have it in + order. No, says he, I will have it here. My wife came down, he + asked if he might go upstairs where he was before; he went up, + and by and by Mahony and three men more came in; I did not know + Mahony's name; when they came in, the captain was above stairs; + he directed me to make his men eat and drink whatever they + would, and he would pay for it; I brought them bread and + cheese, they eat what they pleased; Mahony went backwards and + forwards, up stairs and down several times; he went out, but + where, or what for, I did not know. + + VERNON--Did Mahony, when he went up stairs, go in to Mr. + Goodere? + + HOBBS--Yes, several times; Mahony put the coffee, and some + bread and butter, and made the toast, and did everything for + the captain, I thought he had been his footman. When the + captain had breakfasted, and had made the men welcome, he + shifted himself (some porter brought fresh clothes to him). By + and by a man rid along, who, I believe, was sir John Goodere's + man, with pistols before him; I heard somebody say that it was + his man: and soon after the captain had shifted himself, Mahony + went out about a quarter of an hour, and came back sweating, + and went up to the captain; and I looking out of the window saw + the man on horseback, and leading another horse (which I took + to be his master's) and by and by sir John mounted, and rid + down between my house and the church; and I had some glimpse + of him, and heard the captain say, Look well at him, but don't + touch him. + + THE RECORDER--This you heard the gentleman above stairs say to + the four men below? + + HOBBS--Yes, Sir, he spoke these words to the four who came in. + + VERNON--Did sir John and his man appear to have any arms? + + HOBBS--Yes, Sir, they had both pistols before them. + + VERNON--Those men that were along with Mahony, do you know what + ship they belonged to? + + HOBBS--There was a young man, I believe something of an + officer, came to my wife, and asked her, Is the captain of the + man-of-war here? She answered that she did not know; but there + was a gentleman above, and there were six other men besides in + the other room in another company, which I did not know + belonged to the captain, until he ordered six pints of ale for + them. The captain ordered entertainment for ten men. + + VERNON--Where were those six men? + + HOBBS--In the kitchen; they did not belong to the man-of-war, + nor were not in company with the other four. + + VERNON--Now, will you proceed to give an account what followed + upon Mr. Goodere's saying, Look well at him, but don't touch + him. + + HOBBS--As soon as sir John went down the hill, this Mahony + stept up to the captain and came down again, and he and the + other three in his company went down the hill, and the captain + followed them; the clothes which the captain pulled off were + left in the room; when the captain was going out at the door + with his sword and cloak, I thought I was pretty safe of my + reckoning, because of his clothes being left. The captain said + at the door, Landlady, I will come back and pay you presently. + + VERNON--How long was it before Mr. Goodere returned to your + house? + + HOBBS--He came again in about a quarter of an hour: When he + came again, he went upstairs, changed a guinea, he asked what + was to pay? I told him four shillings and one penny half-penny, + and then went away. About an hour and a half after Mahony and + the other came again, sweating, and said they had been a mile + or two out in the country. Mahony asked credit for a tankard of + ale, and said his master would come up on Saturday following, + and then he would pay for it: Well, said I, if he is to come up + on Saturday, I will not stand for a tankard of ale; but if he + don't come, how shall I have my reckoning? Says Mahony, I live + at the Scotch arms in Marsh-street. Well, said I, I will not + deny drawing you a tankard of ale, if you never pay me. Said + he, You had best get the room ready against Saturday, and make + a fire, and just dust it. + + VERNON--Pray, when Mr. Goodere went away from your house was he + in the same dress as when he came that day? + + HOBBS--No, Sir. When he came there he had a light-coloured + coat, and he looked like a country farmer at his first coming + in; but when he was out, he had a scarlet cloak on, wore a + sword, and had a cane in his hand; a porter brought him the + things. + + VERNON--Do you know any thing of what happened on the Sunday + following? + + HOBBS--Yes, Sir; the Sunday morning Mahony came to my house, + having trousers, a short jacket and leather cap on, asked for a + quart of ale, this was Sunday: My wife said, Don't draw any + more upon tick. Mahony gave a sixpence and paid for it, and + said, See that the room be clear, the captain will be up in the + afternoon, and then he will be here; And as he was going out of + the house, he said to me, If you fortune to see that gentleman + go up with the black cap before that time, do you send a porter + to me to the Scotch arms. I told him I had no porter, and could + not send. About 3 o'clock in the afternoon when he came again + with a person who had a scalled face, and one or two more, a + man who lodged in the house came and told me, that they wanted + to go up stairs; but I would not let them, because it was in + service-time. They all went into the parlour, and had a quart + of ale, and when that was drunk, Mahony called for another; and + then eight or nine men more came and called for ale, and went + into the parlour, but still kept looking out; and one of them + being a little fellow, I don't know his name, kept slamming the + door together, ready to break the house down. Says I, Don't + break my house down about my ears, don't think you are in + Marsh-street; then the little fellow came up as if he was going + to strike me, as I was coming up out of the cellar with a + dobbin of ale in my hand, for a gentleman going to the college; + I saw this gentleman (pointing to the prisoner Samuel Goodere) + and the deceased walk down the hill, I looked after them, and + so did Mahony; and then all those men rushed out, and followed + them. Mahony paid the reckoning, and went away: I ran in to see + after my tankard for I was more afraid of losing that than the + reckoning. And that is all I do know from the beginning to the + end. + + VERNON--How long did he continue at your house on the Sunday? + + HOBBS--I believe, Sir, an hour and a half; and there was some + or other of them still looking out and waiting at the door. + + THE RECORDER--You say that Mahony desired you that if you saw + the gentleman in the black cap go by, to send a porter; who did + you apprehend that gentleman to be? + + HOBBS--The gentleman that rode down the Tuesday. + + ONE OF THE JURY--To what place were you to send the porter? + + HOBBS--To the Scotch arms in Marsh-street, where Mahony lodged, + if the gentleman in the black cap did go up to Mr. Smith's. + + VERNON--I think, you say, you saw Mr. Goodere on the Sunday go + down the hill, after the gentleman in the black cap? + + HOBBS--I did, Sir; but nobody at all was with him. + + GOODERE--Did you see me at all that day? + + HOBBS--Yes, Sir, I saw you go into Mr. Jarrit Smith's; and when + you came down the hill, after the gentleman in the black cap, + you called out to Mahony and his company, and bid them to look + sharp. + + GOODERE--Did you see anybody with me that day? I was not at + your house that day. + + HOBBS--I did not say you were; but as you was going to Mr. + Jarrit Smith's, I heard one of your men say, There goes our + captain, or else I had not looked out. + + MAHONY--I beg leave, my lord, to ask him, who it was that the + captain bid Mahony to look sharp to? + + HOBBS--The gentleman with the black cap. + + THE RECORDER--Was the gentleman in the black cap, at whose + going by they all rushed out, the same gentleman whom you had + seen before go to Mr. Jarrit Smith's? + + HOBBS--Yes, Sir, but Mahony gave half-a-crown for my reckoning, + and as they rushed out so hastily, I was afraid they had taken + away my tankard; for which reason I went to look after it, and + saw no more. + + +_Thomas Williams, sworn._ + + VERNON--Mr. Williams, I think you belonged to the _Ruby_ at the + time when this melancholy affair happened? + + WILLIAMS--Yes, Sir. + + VERNON--What station were you in? + + WILLIAMS--I was ordered to walk the quarter-deck. + + VERNON--Will you give an account of what you know in relation + to the ill-treatment of sir John Dineley Goodere? Tell all you + know about it. + + WILLIAMS--I came up on Sunday the 18th day of January last for + my commander, went to his lodgings, he was not at home. I was + told there that he dined that day at Dr. Middleton's and he was + just gone there. I went to Dr. Middleton's after him, and he + was just gone from thence; I then returned to his lodgings and + found him there; I told him the barge was waiting for his + honour. He asked me if I knew the river, and if I knew the + brick-yard at the lime-kilns? I told him that I knew the + lime-kilns, and at last I recollected that I did remember the + brick-yard he meant. That is well enough, says he. While I was + there, Mahony came up to him, and the captain desired of me to + go down stairs, for he wanted to speak to Mahony in private. I + went down stairs, by and by Mahony came down and went away; + then I went up to captain Goodere again, when he directed me to + get all the hands together, and go down into the barge, and, + says he, let it be landed at the brick-yard. He asked me, if I + knew the White Hart in the College Green? I told him, I did, + and he directed me to take eight men up with me to the White + Hart, and let two remain in the boat for I have a gentleman + coming on board with me. I did as I was ordered; and when I + came to the White Hart, I saw Mahony and some of the + privateer's men with him there in a room; I did not like their + company; I went into the kitchen; I asked the landlord to make + me a pint of toddy; he asked me, whether I would have it hot or + cold; I told him a little warm; he was going about it but + before it was made, Mahony and the privateer's men rushed out + of the house: I seeing that, followed them; they had the + gentleman in possession before I came to them, and were + dragging him along. I asked them what they were at? One of the + privateer's men told me, if I did not hold my tongue he would + throw me over the key into the river, and immediately captain + Goodere came there himself; The privateer's men asked what they + should do with him, and he directed them to take him on board + the barge. I followed them down the butts, the gentleman cried + out Murder, murder! Mr. Stephen Perry, the anchor-smith, came + out of his house, and asked me what was the matter; I told him + I did not know: Mahony said he was a murderer, he had killed a + man on board the man-of-war, and that he had run away; they had + carried him before a magistrate, and he was ordered back to the + man-of-war to be tried by a court-martial. + + THE RECORDER--Was the captain within hearing at the time Mahony + said that? + + WILLIAMS--He was just behind. + + THE RECORDER--Was he within hearing? + + WILLIAMS--He was; and when they had brought him into the barge + captain Goodere desired to have the cloak put over sir John to + keep him from the cold, but sir John said he did not want a + cloak, neither would he have it. The privateer's men wanted me + to put them on the other side the water, but I said I would not + without the captain's orders. They asked the captain, and he + directed me to do it, and I put them ashore at the glass-house, + and just as we came over against the hot-wells, there was a + gentleman standing whom sir John knew, to whom sir John cried + out, Sir, do you know Mr. Jarrit Smith? But before he could + speak any more, the cloak was thrown over him to prevent his + crying out, and the captain told me to steer the barge on the + other side, until we got clear of the noise of the people; and + when we were got clear, he directed me to steer the boat in the + middle, as I ought to do. I obeyed his orders. + + THE RECORDER--Who threw the cloak over him? + + WILLIAMS--The captain. And the captain being as near to sir + John as I am to your lordship, sir John asked the captain what + he was going to do with him? Says the captain, I am going to + carry you on board, to save you from ruin, and from lying + rotting in a gaol. + + VERNON--And what reply did sir John make to that? + + WILLIAMS--He said, I know better things, I believe you are + going to murder me; you may as well throw me overboard, and + murder me here right, as carry me on board ship and murder me. + No, says the captain, I am not going to do any such thing, but + I would have you make your peace with God. As I steered the + boat, I heard all that passed. We brought sir John on board + between 7 and 8 o'clock, he could hardly go up into the ship, + he being so benumbed with cold; he did go up of his own accord, + with the men's assistance. + + VERNON--How was he treated on board the man-of-war? + + WILLIAMS--Sir, I don't know how they treated him after he went + on board the ship. I was excused from watching that night so I + went to my hammock; but after I was got out of my first sleep, + I heard some people talking and walking about backwards and + forwards: I was surprised; at last I peeped out of my hammock, + and asked the centinel what was o'clock. He said, between two + and three. And then I saw captain Goodere going down the ladder + from the deck towards the purser's cabin, but for what + intention I know not. I believe he came from his own cabin. + + THE RECORDER--Whereabout is the purser's cabin? + + WILLIAMS--The purser's cabin is in a place called the Cockpit, + the lower steps of the ladder is just by the door of the + purser's cabin. + + THE RECORDER--And it was that ladder you saw the captain go + down, was it? + + WILLIAMS--Yes, Sir, it was. + + VERNON--Mr. Williams, you have not told us all the particulars + of sir John's treatment between the seizing and carrying him to + the barge. + + WILLIAMS--One of the men had hold of one arm, and another the + other, and a third person was behind shoving him along. + + VERNON--Where was captain Goodere then? + + WILLIAMS--He was just behind him. + + VERNON--How near was he to him? + + WILLIAMS--Sometimes he was as near to him as I am to you. + + THE RECORDER--How many were there in the company, do you think, + in the rope-walk, when they were carrying sir John along? + + WILLIAMS--There were five of the privateer's men, and Mahony + made six, and there were nine belonging to the barge; about + sixteen in all. + + RECORDER--At what distance were you? + + WILLIAMS--At a pretty great distance; I walked just before + them; I saw them take him along in the manner I have said; I + heard sir John cry out murder several times as he went, as they + took him along the rope-walk. + +In answer to Goodere, the witness said that he slept on the starboard +side of the gun-room, and that he could see people coming down into the +cockpit, because the gun-room came unusually far out; there was no other +cabin but the purser's in the cockpit. He did not know where the ship +lay, being but a foremast man. + + +_Samuel Trivett, sworn._ + + VERNON--Will you give an account to Mr. Recorder and the Jury + of what you know relating to this business? + + TRIVETT--On Sunday the 18th of January last, I was at a public + meeting in the rope-walk; I heard a noise of people cried, Damn + ye, stand off, or else we will knock your brains out; I stepped + up, and asked what right they had to carry a man along after + that manner? I followed them: their answer was, it was a + midshipman who had committed murder, and they were taking him + down to the ship to do him justice; other people likewise + followed, enquiring what was the matter the gentleman was + behind, and ordered them to make more haste. + + VERNON--Look upon the prisoner at the bar, Mr. Goodere; is that + the gentleman that ordered them to make more haste? + + TRIVETT--I believe that is the man, my lord. On the gentleman's + ordering them to make more haste, five or six of them caught + him up in their arms, and carried him along; and as they were + got down about the corner of Mr. Brown's wall, he insisted upon + their making more dispatch, and then they hurried him as far as + captain Osborn's dock. By that time his clothes were ruffled + and shoved up to his arm-pits; they put him down, and settled + his clothes, and then I saw his face, and knew him to be sir + John Dineley: he cried out murder several times, and said, they + were taking him on board to kill him, he believed. As they were + going with him along, he cried out to Mrs. Darby, For God's + sake assist me, they are going to murder me. I told Mrs. Darby + it was sir John Dineley: she said she knew him; the cloak was + then over his face. As they got him further, he called out to a + little girl, to get somebody to assist him, for they were going + to murder him. They pushed him along to Mrs. New's house, and + made a little stop there, and then they brought him to the + water-side, where was a boat; they put out a plank with ledges + nailed across: he was ordered to go on board the boat; they got + him on board, and put him to sit down in the stern-sheet: then + he cried out, For God's sake, gentlemen, if any of you know Mr. + Jarrit Smith in the College-green, tell him my name is sir John + Dineley. One of the men put his cloak and covered him, and + before he could say any more, that gentleman (pointing to the + prisoner Goodere) took his hand and put it on his mouth, and + would not let him speak any further, and ordered the boat to be + pushed off, which was done; and the tide making up strong, the + boat got almost to the other side. I heard that gentleman + (pointing as before) say, Have you not given the rogues of + lawyers money enough already? Do you want to give them more? I + will take care that they shall never have any more of you; now + I'll take care of you. + + THE RECORDER--Prisoners, will either of you ask this witness + any questions? + + GOODERE--No, I never saw the man before in my life. + + +_Thomas Charmsbury, sworn._ + + CHARMSBURY--On Sunday the 18th of January last, between the + hours of four and five in the afternoon, I was on board the + ship called the _Levant_, lying in Mr. Thompson's dock; I heard + a noise coming over the bridge of the dock, and I saw a man in + a scarlet cloak, and a parcel of people, some before and some + behind, guarding of him, and he made a noise. I went towards + them, to see what was the matter, and at Mr. Stephen Perry's + counting-house (they rested) I asked, what was the matter? + They said, he had killed a man on board a man-of-war; that he + had run away; and they had had him before a magistrate, and he + was ordered on board the king's ship to be carried round to + London to take his trial. Mr. Perry (on hearing the noise) came + out and saw him; says Mr. Perry, Gentlemen, do you know what + you are about? I would not be in your coats for a thousand + pounds, for it is 'squire Goodere. They threatened to knock + down any that should come near; a fellow, I take him to be + Mahony, came up to me, and threatened to knock me down several + times. They took and carried him as far as captain James Day's + lofts and warehouse, where he keeps his hemp; and there they + rested him again, and threatened to knock down any that should + come near them. Then said Mahony, Damn ye, here comes the + captain. Immediately I turned about, and saw a gentleman with + his cane poised in one hand, and his sword in the other; he had + a dark shag coat and yellow buttons, whom I take to be that + gentleman the prisoner at the bar. They took up the man in the + scarlet cloak again, and carried him so far as coming out from + the lower College-green into the rope-walk: the prisoner + Goodere came up to them and ordered them to mend their pace; + they took him up again, and carried him as far as Brown's + garden, at the lower end of the rope-walk, as fast as they + could well carry him, where they settled his clothes, and in + the meanwhile the prisoner Goodere came up to them again, and + ordered them to mend their pace. With much difficulty they got + him between the gate and stile, and carried him as far as the + warehouse at the corner of the glass-house, there they rested + and settled his clothes again; then they took him up, and + carried him down to the Lime-kilns, as far as the lower part of + the wall below madam New's; and then brought him down to a + place opposite to the King's-head, and then they put him on + board a boat (I take it the man-of-war's barge) having ten + oars, and they handed him in. After, the prisoner Goodere went + into the boat after him, and set sir John on the + starboard-side, and the prisoner Goodere on the larboard-side; + then sir John cried out, Murder! you gentlemen that are on + shore, pray tell Mr. Jarrit Smith that my name is Dineley, and + before he could say Goodere the gentleman took up the flap of + the cloak, threw it over the face of sir John, and stopped his + mouth; and says he, I will take care of you, that you shall not + spend your estate; and ordered the barge to be put off; and + then he took the gentleman's cloak from his shoulders, and put + it on his own. + + THE RECORDER--Who was it that stopped his mouth with his cloak? + + CHARMSBURY--That gentleman the prisoner at the bar. The boat + was so full, had so many people in it, that they were obliged + to row but with eight oars: and when they proceeded down the + river, it being about three quarters flood, and the gentleman + continually crying out, they went out of sight, and I saw no + more of them. + +_Mrs. Darby_, who lived at the limekilns, saw Sir John forced along +between two men; he was crying out, Murder, murder! for the Lord's sake +save me, save me, for they are going to kill me. She knew Sir John very +well; she had mended his chair for him last summer; she was told that +the gentleman at the bar was the captain of the man-of-war; he was +dressed in a dark drab-coloured coat, and his waistcoat was trimmed with +gold. She heard Sir John cry out something as he was being hurried into +the boat, but she could not hear what. + +_William Dupree_ was drinking at the King's Head with a friend, and a +young woman who was reading at the window said she heard a great noise, +on which they went out, and saw a company of men forcing a gentleman +along, the prisoner Goodere coming behind them. They said that he had +murdered a man, and that they were taking him on board for justice. They +put him on the yawl, while Captain Goodere stood by. He cried out, 'For +God's sake! go and acquaint Mr. Jarrit Smith, for I am undone, they will +murder me.' The witness went back to the King's Head, where the people +advised him to go to Mr. Jarrit Smith and inform him of it, which he +did. When Sir John cried out he saw Goodere put his hand on his mouth. + + +_Theodore Court, Master of the Ship, sworn._ + + VERNON--Will you tell Mr. Recorder and the jury what you know + concerning the death of sir John Dineley Goodere? + + T. COURT--On the 18th of January last, being Sunday, the barge + went up to fetch captain Goodere from Bristol, and about seven + of the clock in the evening he came on board, and when he came + into the gangway, says he, How do you all do, gentlemen? + Excuse me, gentlemen, from going the right way to-night, for I + have brought an old mad fellow on board and I must take care of + him. I saw a gentleman with a black cap coming up the ship's + side, and his groans shocked me, so that I could not help him; + he looked much surprised as a person used ill; as soon as he + was on board he was taken into custody, and carried by the + captain's orders down to the cockpit, and put into the purser's + cabin, and a centinel ordered upon him; and I saw him no more + at that time. Next morning I was told that the captain's + brother was murdered, and that the captain had given Charles + White and Mahony leave to go on shore. + + THE RECORDER--By whose direction was he put into the purser's + cabin? + + T. COURT--The captain himself went down and saw them put him + in. + + VERNON--Whereabout in the ship is the purser's cabin? + + T. COURT--In the cock-pit. + + VERNON--Was it a place where gentlemen who came on board + commonly lay? + + T. COURT--No, nobody had laid in it for a considerable time. + The next morning the cooper met me, and said, Here is fine + doings to-night, Mr. Court! Why, what is the matter? said I. + Why, said he, about three o'clock this morning they went down + and murdered sir John. The ship was in an uproar; the Cooper + said, if Mr. Perry (the lieutenant) did not secure the captain, + he would write to the board; we had several consultations in + the ship about it. The captain sent for me to breakfast with + him: I accepted his invitation; I can't say but he behaved with + a very good name to all the people on board. About ten o'clock + Mr. Perry, myself, and the other officers, with the cooper, + consulted about securing the captain. Mr. Perry cautioned us + not to be too hot; for, said he, if we secure the captain + before we know sir John is dead, I shall be broke, and you too. + We send for the carpenter, and desired him to go down and open + the cabin-door, the centinel who stood there having said it was + lock'd; the carpenter went down, opened the cabin-door, and + came up, and said sir John was murdered; and that he lay on his + left side, with his leg up crooked. I told them, gentlemen, + there is nothing to be done before the coroner comes; and + therefore we must not touch him: whereupon the door was ordered + to be fastened up; we then consulted how to take the captain, + and a method was agreed on for that purpose. And as soon as the + captain was taken, he declared he was innocent of it, that he + knew not that his brother was murdered. When the coroner came, + I saw the deceased, and my heart ached for him. + + THE RECORDER--Who was it put the centinel upon sir John? + + T. COURT--The captain ordered it to be done. + + VERNON--Is it usual to place a centinel at the purser's + cabin-door? + + T. COURT--No, it is not; unless there be somebody there under + confinement. + + VERNON--Is there any other cabin near the purser's? + + T. COURT--Yes, there is the slop-room just by; there the cooper + and his wife lay that night: there is just a little partition + of about half-inch deal, parting the slop-room from the place + where sir John lay confined. + + VERNON--Pray, will you tell us whether any and what discourse + passed between Mr. Goodere and you, about sailing, and when it + was? + + T. COURT--Sir, in the morning he asked me, Will the wind serve + to sail? He said, he had another pressing letter from the lords + of the admiralty to sail as soon as possible. I told him that + the wind was west-south-west, and that we could not go out to + sea; for no pilot would take charge of the ship I believed. And + as this is a harbour where a pilot is allowed, I don't pass for + this place; otherwise I must have observed his orders. + + VERNON--Did he acquaint you how far or to what part, he would + have you sail? + + T. COURT--Yes, he said, if he got no further than the Holmes, + he did not care; and asked me if it was safe riding there. I + told him it was not; for it was foul ground for such a ship as + ours. + + THE RECORDER--Mr. Goodere, will you ask this witness any + questions? + + GOODERE--What cabins are there in the cock-pit? + + T. COURT--I know no cabins there but the purser's cabin and the + slop-room, etc. + + VERNON--Call Mr. Williams. + +_William Williams_ produced a watch which he had found in a vault in +Back Street. Culliford, who kept the Brockware Boat on the Back, had +reported at the Council House, when he was examined there, that a watch +and some money had been left at his house; but his wife, when asked for +them, denied the watch, but afterwards admitted that she had thrown it +into the vault where the witness afterwards found it. + +_T. Court_ said that the captain had had a watch like the one produced. +In answer to Goodere, he said that there were in the cockpit the +steward's room, the purser's cabin, and the slop-room. The ship had been +moored on Thursday the 15th of January. When Sir John was murdered she +lay in the King Road; the witness then described the position of the +ship with greater detail. + +_Vernon_ interposed to state that the ship was in the King Road, which +was well known to be within the franchise of the city: the sheriffs of +the city continually executed writs there; and such a serious matter +ought not to be decided on a side wind. + +_Duncan Buchanan_, one of the crew of the _Ruby_, was ordered to go to +the White Hart on Tuesday the 13th of January, and there were Mahony and +the privateer's men drinking hot flip. He saw a gentleman come out of +Mr. Smith's; he was mounted, and had pistols before him; he was followed +by a servant, also armed. Some of the men ran out, and Goodere followed +them and ordered them to follow the gentleman. On the 18th, the barge +came alongside the ship, about seven in the evening, with the gentleman +in it. The witness stood in the gangway to receive him. + + When he came up, I heard him make a moan, and the captain said, + I have brought a madman on board, bring him along, I will bring + him to his senses by-and-by. I saw them take him along the + gangway. You must not mind what he says, said the captain; and + he was ordered down to the purser's cabin: I was ordered + centinel there. About twelve o'clock the captain sent for me to + come up to him, and I laid down my sword and went up, and + Mahony was there with him; and there was a bottle of rum and a + glass before them: the captain asked me to drink a dram, I + thanked him and drank. He asked me how his brother was? I told + him he groaned a little; says the captain, I know the reason of + that, he is wet, and I am coming down by-and-by to shift him + with dry stockings: so I left the captain and Mahony together. + Some time after the captain came down to me as I was at my post + at the purser's cabin; he asked if his brother made a noise; I + told him no; upon which the captain listened a little time at + the door, and then said, Give me the sword, and do you walk + upon deck, for I want to speak to my brother in private. Soon + after this Mahony went down, and very soon after Mahony was + down, I heard a great struggling in the cabin, and the + gentleman cry out Murder! I then thought the gentleman had been + in one of his mad fits; but now I suppose they were then + strangling him. As I was walking to-and-fro in the gun-room, I + looked down, and saw the captain take the candle out of the + lanthorn, which was hanging up there, and he gave the candle + into the cabin. + + THE RECORDER--Where was Mr. Goodere when you heard the cry of + murder? + + BUCHANAN--In the cock-pit by the purser's cabin-door, with the + sword in his hand. + + THE RECORDER--What time of the night was this? + + BUCHANAN--Between two and three o'clock; I lighted a candle at + the lanthorn in the gun-room, and was going down to the captain + with it, as supposing him to be without light; and as I was + going down with it, the captain held up his sword, waved it, + and said, Go back, and stay where you are. + + THE RECORDER--You said that sir John Dineley cried out Murder! + Was that before you offered the candle to the captain? + + BUCHANAN--Yes, Sir; it was before. + + THE RECORDER--How long? + + BUCHANAN--About a quarter of an hour. + + THE RECORDER--How long did the cry of murder continue? + + BUCHANAN--About three or four minutes; soon after the captain + had ordered me to keep back, he called for a candle, and I + carried one down, and he gave me the sword, and bid me stand + upon my post; and said he, if my brother makes any more noise, + let him alone and send for me; and he locked the purser's + cabin-door, and took the key away with him; and in the morning + the doctor's mate, the cooper, and I consulted together about + it; and I was willing to know, if sir John was dead or not: and + when we peeped into the cabin, we saw him lying in a very odd + sort of posture, with his hat over his face, and one of his + legs lay crooked; upon which we concluded he was dead. + + THE RECORDER--How long were you off your post from first to + last? + + BUCHANAN--I can't tell exactly. + + THE RECORDER--Recollect as well as you can. + + BUCHANAN--About three quarters of an hour. + + THE RECORDER--And could you see who was at the purser's + cabin-door all that time? + + BUCHANAN--Yes, Sir; I saw the captain stand at the foot of the + ladder at the door, with a drawn sword, from the time I went up + to the time I came down again; he locked the door, and carried + the key away with him. + + VERNON--Pray, were there any bolts on the purser's cabin-door? + + BUCHANAN--Yes, there were bolts on the door; they were put on + soon after sir John came on board: sir John was in that cabin + when they were put on. + + VERNON--You say you heard a noise and outcry of murder; how far + were you from the cabin-door when you heard that cry of murder? + + BUCHANAN--I was walking to-and-fro the gun-room. + + VERNON--How far is that from the purser's cabin-door? + + BUCHANAN--As far as I am from you. + + VERNON--Whom did you see go into the purser's cabin to sir + John? + + BUCHANAN--I saw Mahony go in there. + + VERNON--Did you see any other person go in besides Mahony? + + BUCHANAN--No, I did not; I saw Mahony go in just before the cry + of murder, but no other person. + + VERNON--Do you know any thing about securing the captain? + + BUCHANAN--Yes, I will tell you what happened then. We went and + secured him. As soon as he was laid hold of, he cried out, Hey! + hey! what have I done? We told him his brother was murdered, + and that he had some concern in it. He said, What if the + villains have murdered my brother, can I help it? I know + nothing of it. + + GOODERE--Did you see me in the cabin at all? + + BUCHANAN--No, Sir, I don't say you were in the cabin. + + THE RECORDER--Mr. Goodere, the witness does not say he saw you + in the cabin, but at the door, and with a sword in your hand, + and that you handed in a light after the cry of murder was + over. + + GOODERE--I could not have been in the cabin without Buchanan's + seeing me go in, because he stood at the bulkhead of the + gun-room. + + THE RECORDER--Mahony, will you ask this witness any questions? + + MAHONY--Are you certain that I was in the cabin when you heard + the groans? + + BUCHANAN--I am positive you were there in the purser's cabin + when I heard the murder cried out. + + +_Daniel Weller, sworn._ + + VERNON--I think you are the carpenter belonging to the _Ruby_ + man-of-war? + + WELLER--Yes, Sir, I am. + + VERNON--Give an account to Mr. Recorder and the jury of what + you know relating to this business. + + WELLER--The 18th of January last, about seven o'clock in the + evening, the captain came on board in the barge; as I attended + him, I observed he seemed in a pleasant humour, he came upon + the deck at once, and said he had brought a poor crazy man on + board, who had been the ruin of himself and family, and that he + had now brought him on board to take care of him: he took him + down to the cock-pit, and having been there a little while, one + of my people came and asked for some bolts; I asked, What for? + He told me it was to put on the outside of the purser's + cabin-door, to bolt the crazy gentleman in. I gave him a bolt; + after he had nailed it on, he came and wanted another: I had + another, gave it to him, and went down to see the bolts put on. + Sir John cried out, What are you doing, nailing the door up? I + answered, No. I ordered the door to be opened, to turn the + points of the nails. The door being opened, sir John asked + whether the carpenter was there? I told him I was the man. The + centinel told me no-body must go in there; however, I went in, + while they turned the points of the nails. Sir John bid me sit + down, and asked me, What does my brother mean by bringing me on + board in this manner, to murder me? No, Sir, says I, I hope + not, but to take care of you. He asked me, if his brother told + me that he was mad? I saw no more of him till next morning. + + VERNON--And what did you see then? + + WELLER--Next morning the lieutenant sent me down to see if sir + John was dead. I went down and asked the centinel for the key; + he told me the captain had been there in the night, and had + taken away the key in his pocket. I broke open the cabin-door, + and sir John was lying on one side dead, with his right leg + half up bent, his hat was over his face, with blood bespattered + about his mouth and nose. I went directly up, and told the + lieutenant of it. + + THE RECORDER--By whose orders did you put the bolts on the + door? + + WELLER--One of my people came to me for bolts, and told me he + was ordered by the captain to put the bolts on; and none of + them ever came for any thing to be done, without an order of an + officer. + + +_Edward Jones, sworn._ + + VERNON--Mr. Jones, I think you are the cooper of the ship + _Ruby_? + + JONES--Yes, Sir. + + VERNON--Were you on board upon Sunday the 18th of January last? + + JONES--Yes, Sir, I was. + + VERNON--In what cabin did you lie that night? + + JONES--I had no cabin, but I made bold to lie in the slop-room + that night, having my wife on board. + + VERNON--Pray what is that you call the slop-room? + + JONES--It is like a cabin. + + VERNON--How near is the slop-room to the purser's cabin? + + JONES--Nothing but a thin deal-partition parts it from the + purser's cabin. + + VERNON--Will you relate to Mr. Recorder and the jury what you + know about the murder of Mr. Goodere's brother; tell the whole + you know concerning it. + + JONES--About Wednesday or Thursday before this happened, the + captain said to me, Cooper, get this purser's cabin cleaned + out, for he said he expected a gentleman shortly to come on + board. I cleaned it out; and on Sunday evening the gentleman + came on board, when the people on deck cried, Cooper, shew a + light. I brought a light, saw the captain going down the + cock-pit ladder, the gentleman was hauled down: he complained + of a pain in his thigh by their hauling him on board. The + captain asked him, if he would have a dram? He said no; for he + had drank nothing but water for two years. The captain ordered + Mahony a dram; he drank it; he also ordered one Jack Lee to put + two bolts on the purser's cabin-door. The gentleman walked + to-and-fro the purser's cabin while they were nailing the bolts + on. He wanted to speak with one of the officers. The carpenter + told him he was the carpenter. Says the gentleman, Do you + understand what my brother Sam is going to do with me? And + said, His brother had brought him on board to murder him that + night. The carpenter said, He hoped not, but what was done was + for his good. The captain said, They must not mind what his + brother said, for he had been mad for a twelvemonth past. And + the captain went up again, and went into the doctor's room. I + went to bed about eight o'clock. Some time about eleven o'clock + at night I heard the gentleman knock, and said, He wanted to + ease himself; to which the centinel gave no manner of heed. Is + it not a shame, said he, to keep a gentleman in, after this + manner? At last, some other person spoke to the centinel, and + says, Why don't you go up and acquaint the captain of it, that + the gentleman may ease himself? Soon after Mahony comes down + with a bucket, for the gentleman to ease himself. Mahony sat + down in the cabin, and he and the gentleman had a great deal of + discourse together; the gentleman said he had been at the + East-Indies, and told what he had got for his merit; and Mahony + said, some by good friends. I heard the gentleman, after Mahony + was gone, pray to God to be his comforter under his affliction. + He said to himself, he knew that he was going to be murdered, + and prayed that it might come to light by one means or + another. I took no notice of it, because I thought him a crazy + man. I slept a little, and about two or three o'clock my wife + waked me. She said, Don't you hear the noise that is made by + the gentleman? I believe they are killing him. I then heard him + kick, and cry out, Here are twenty guineas, take it; don't + murder me; Must I die! must I die! O my life! and gave several + kecks with his throat, and then he was still. I got up in my + bed upon my knees: I saw a light glimmering in at the crack, + and saw that same man, Mahony, with a candle in his hand. The + gentleman was lying on one side. Charles White was there, and + he put out his hand to pull the gentleman upright. I heard + Mahony cry out, Damn ye, let us get his watch out; but White + said he could not get at it. I could not see his pockets. White + laid hold of him, went to tumbling him up to get out his money, + unbuttoned his breeches to get out his watch; I saw him lay + hold of the chain; White gave Mahony the watch, who put it in + his pocket; and White put his hand into one of the gentleman's + pockets, and cursed that there was nothing but silver: but he + put his hand in the other pocket, and there he found gold. + White was going to give Mahony the gold: damn ye, says Mahony, + keep it till by-and-by. + + THE RECORDER--In what posture did sir John lie at that time? + + JONES--He lay in a very uneasy manner, with one leg up; and + when they moved him, he still remained so, which gave me a + suspicion that he was dead. White put his hand in another + pocket, took out nothing but a piece of paper, was going to + read it. Damn ye, said Mahony, don't stand to read it. I saw a + person's hand on the throat of this gentleman, and heard the + person say, 'Tis done, and well done. + + THE RECORDER--Was that a third person's hand, or the hand of + Mahony or White? + + JONES--I cannot say whether it was a third person's hand or + not. I saw but two persons in the cabin, I did not see the + person, for it was done in a moment. I can't swear I saw any + more than two persons in the cabin. + + THE RECORDER--Did you take notice of the hand that was laid on + sir John's throat? + + JONES--I did. + + THE RECORDER--Did it appear to you like the hand of a common + sailor? + + JONES--No; it seemed whiter. + + VERNON--You have seen two hands held up at the bar. I would ask + you to which of them it was most like in colour? + + JONES--I have often seen Mahony's and White's hands, and I + thought the hand was whiter than either of theirs; and I think + it was neither of their hands by the colour of it. + + THE RECORDER--Was sir John on the floor, or on the bed? + + JONES--On the bed; but there was no sheets: it was a + flock-bed, and nobody had lain there a great while. + + VERNON--How long did the cries and noise which you heard + continue? + + JONES--Not a great while: he cried like a person going out of + the world, very low. At my hearing it, I would have got out in + the mean time, but my wife desired me not to go, for she was + afraid there was somebody at the door that would kill me. + + VERNON--What more do you know concerning this matter, or of + Mahony and White's being afterwards put on shore? + + JONES--I heard some talking that the yaul was to go to shore + about four of the clock in the morning, and some of us were + called up, and I importuned my wife to let me go out. I called, + and asked who is centinel? Duncan Buchanan answered, It is I. + Oh, says I, is it you? I then thought myself safe. I jumpt out + in my shirt, went to him; says I, There have been a devilish + noise to-night in the cabin, Duncan, do you know any thing of + the matter? They have certainly killed the gentleman, what + shall us do? I went to the cabin-door where the doctor's mate + lodged, asked him if he had heard any thing to-night? I heard a + great noise, said he. I believe, said I, they have killed that + gentleman. He said, he believed so too. I drawed aside the + scuttle that looked into the purser's cabin from the steward's + room, and cried, Sir, if you are alive, speak. He did not + speak. I took a long stick, and endeavoured to move him, but + found he was dead. I told the doctor's mate that I thought he + was the proper person to relate the matter to the officer, but + he did not care to do it then. If you will not, I will, said I. + I went up to the lieutenant and desired him to come out of his + cabin to me. What is the matter, said he? I told him I believed + there had been murder committed in the cock-pit, upon the + gentleman who was brought on board last night. Oh! don't say + so, says the lieutenant. In that interim, whilst we were + talking about it, Mr. Marsh the midshipman came, and said, that + there was an order to carry White and Mahony on shore. I then + swore they should not go on shore, for there was murder + committed. The lieutenant said, Pray be easy, it can't be so; I + don't believe the captain would do any such thing. That + gentleman there, Mr. Marsh, went to ask the captain if Mahony + and White must be put on shore? And Mr. Marsh returned again, + and said, that the captain said they should. I then said, it is + certainly true that the gentleman is murdered between them. I + did not see Mahony and White that morning, because they were + put on shore. I told the lieutenant, that if he would not take + care of the matter, I would write up to the Admiralty, and to + the mayor of Bristol. The lieutenant wanted the captain to + drink a glass of wine: the captain would not come out of his + cabin; then the lieutenant went in first; I followed him. I + told the captain that my chest had been broke open, and I + desired justice might be done. Then I seized him, and several + others came to my assistance. + + THE RECORDER--Mr. Goodere, do you ask Mr. Jones any questions? + + GOODERE--Do you know whether the midshipman was sent away on + the king's business, or else only to put those two men on + shore? + + JONES--I know not, you were the captain of the ship. + + THE RECORDER--Mahony, will you ask this witness any + questions? + + MAHONY--Did you see me lay hands on the gentleman? + + JONES--Yes, I did, as I have already related. + + +_Margaret Jones, sworn._ + + VERNON--Mrs. Jones, pray acquaint Mr. Recorder and the jury + what you know about the murder of sir John Dineley Goodere (the + gentleman ordered by Mr. Goodere into the purser's cabin). + + MRS. JONES--About seven o'clock in the evening, the 18th of + last January, the captain (having been on shore) came on board, + and came down into the cock-pit, and asked if the cabin was + clean? My husband answered, yes. On which the captain gave + orders to bring down the gentleman; and the captain said to the + doctor, Doctor, I have got an old mad fellow here, you must + doctor him up as well as you can. They brought the gentleman + into the cabin, the captain asked him how he did now? The + gentleman complained that he had a great pain in his thigh, he + was hurted by the men's hauling him as they had done. The + captain asked him if he would drink a dram of rum? He answered, + No; for he said he had drank nothing but water for two years + past. The captain gave a dram to several persons there; and he + gave orders for some sheets to be brought; and he said to + Mahony, As his clothes are wet, do you pull them off. And the + gentleman said to Mahony, Don't strip me, fellow, until I am + dead. The gentleman said, Brother Sam, what do you intend to do + with me? The captain told him that he brought him there to save + him from rotting in a gaol. About ten o'clock Mahony was left + there; the gentleman desired him to go; but Mahony said, I have + orders to abide here, to take care of you. The gentleman said + to Mahony, I can abide by myself. Before the captain went away, + he bid Mahony to see if his brother had any knife about him. + The gentleman gave up his knife to Mahony, desired him to take + care of it, for it was his son's knife. The gentleman asked + about the knife several times in the night. About twelve + o'clock I went to sleep; about two o'clock I wakened again: I + heard the gentleman talk to Mahony, but Mahony advised the + gentleman to go to sleep. He said, I cannot sleep. They talked + together a great while. Mahony said, I am to go on shore in the + morning, and if you have any letters to send to Bristol, I will + carry them for you. I heard somebody say to the gentleman, You + must lie still, and not speak a word for your life. Some + minutes after I heard a great struggling; who it was, I don't + know. The gentleman cried out, Murder; help for God's sake! and + made several kecks in his throat, as though somebody was + stifling him. I shook my husband, told him that somebody was + stifling the gentleman. I heard two people in the cabin + whispering; I don't know who they were. The gentleman cried out + murder again, Help for God's sake! He said, I have twenty + guineas in my pocket, here take it; must I die! Oh, my life! + And just about that time, before he was dead, somebody from the + outside offered to come into the cabin, but I heard one of the + persons on the inside say, Keep out, you negro; and then a + great noise was made; I thought the cabin would have been beat + down. Some few minutes after the gentleman had done struggling, + a candle was brought: I soon got up, and looked through the + crevice: I saw a man, who I believe to be White, take the + gentleman by the coat, and pulled him upright. I saw Mahony + with a candle in his hand; I observed the other to put his hand + in the gentleman's pocket. One of them said, Damn ye, pull out + his watch. Then I saw the person take hold of the watch-string + and pull it out, and he said to the other, Here 'tis, take it, + and put it into thy pocket. Then one of them put his hand in + another pocket, and took it out, said, Here's nothing but + silver; and then he searched another pocket, and said, Here it + is; and pulled out a green purse: soon after that, the door was + unbolted, I heard a person say, Where shall I run? who I + believe was Mahony; and the other, Charles White, said, Follow + me, boy. And they went to go upon deck through the hatch-hole, + which is an uncommon way; and that is all I know. + + THE RECORDER--Mr. Goodere and Mahony, do either of you ask this + witness any questions? + + GOODERE--No. + + MAHONY--No. + + +_James Dudgeon, sworn._ + + VERNON--Mr. Dudgeon, I think you are the surgeon's mate + belonging to the _Ruby_? + + DUDGEON--Yes, Sir. + + VERNON--Give Mr. Recorder and the jury an account what you know + relating to this matter. + + DUDGEON--I am very sorry that I should come on this occasion + against captain Goodere, because he ever behaved towards me in + a genteel manner. The week before this happened, I was told by + one of the officers, that the captain was going to bring his + brother on board; and on Sunday the 18th of January, about the + dusk of the evening, the barge came down to the ship. I was at + that time walking the quarter-deck; some of our people seeing + the barge a-coming they said, Our captain is coming on board + with his brother sure enough: but instead of coming up the + quarter-deck, the captain went down upon the main-deck, and I + still kept walking on the quarter-deck, expecting to see the + gentleman when he went into the great cabin, but I afterwards + found that he was ordered down to the cock-pit. Soon after, I + went down there myself; and the captain being there, said, + Doctor, I have brought a madman to you, I don't know what we + shall do with him, but we must make the best of him that we + can; and Mahony came down likewise. The captain sent his + steward for a bottle of rum, Mahony had a dram of it. The + captain asked sir John if he would have one? Sir John replied, + No; for, said he, I have not drank any thing of that nature for + two years past; he groaned several times. There was then one + Cole at the foot of the ladder, to whom also the captain gave a + dram; then there was a centinel put upon the cabin-door; but + Cole asked the captain if he might go in, and the captain said + he might. The old gentleman made a noise as the captain went up + the ladder; the captain told him, We have now brought you on + board, and will take care you shall want for nothing. After the + captain was gone, Cole wanted to go in, but the centinel would + not let him; telling him that his orders were to let none in + but Mahony: however, Cole went up and got leave of the captain + to go in, and he did go in. Soon after this the captain came + down again to the cock-pit, and came into my place, and sat + down; and after talking of things promiscuously, he said, he + believed it would be proper for me to go and feel his brother's + pulse; or else, Doctor, he said, do you chuse to leave it alone + till to-morrow morning? I made answer, that to-morrow morning + might be the best time; because the gentleman may be much + confused by being brought down on the water. Come, said he, let + us go in now; for I believe it will be as well. If you please, + Sir, said I, I will; so the centinel opened the door, and we + both went in. Immediately after, the captain went out again, + and forthwith the door was shut upon me: which very much + surprised me, to think that the captain should leave me with a + madman, and I observed the captain to peep through; I then + asked the gentleman what he mostly complained of? and felt his + pulse. He then made some groans, and told me, that he had got a + great cold last week at Bath, and that he felt a severe pain in + his head. I was going to ask him some more questions, but the + captain called me, and said, Don't ask him any more questions, + but only feel his pulse. Then the centinel opened the door, and + I came out, and the captain and I went into my place again. + Well, doctor, said he, how do you find his pulse? Why, Sir, + said I, his pulses are very regular. Why, said he, I believe he + was pretty much hurried upon the water. Then the captain went + up the ladder, and a little while after he came down again; + there were two midshipmen with me in my place, and when the + captain came in, they went to go out, but he desired one of + them to stay, for he had something to say to him, because he + was to go up for letters in the morning; so we sat down, and + talked of various things; but I informed the captain that the + old gentleman have had hard lodging to-night. Why, said he, I + would put another bed in there, and have given him clean + sheets, but he would not hear anything of this kind. Then said + he to me, Doctor, I believe it will not be amiss to take an + inventory of everything he has about him, for fear it should be + reported that he is robbed. I replied, Sir, it may not be + amiss. By-and-by, Cole came tumbling down the ladder, the + midshipman opened the curtain to see who it was; Captain, said + he, that is Cole, and I then told that Cole had been drunk a + great part of that day. Soon after that the captain opens the + curtain, and sees Mahony stand by the centry. Mahony, said he, + I thought you had been about the thing which I sent you to do; + which I take to be getting the money out of the gentleman's + pocket. No, Sir, said he, I chuse to do it after he is asleep. + Very well, said the captain. Then the captain spoke to the + midshipman, and said, Mr. Marsh, You are to go up for letters + to-morrow, and if anyone takes notice of what was done to-day, + you may tell the people that it is my brother, and he is very + much disordered in his brains, and I have got him on board in + hopes of getting relief for him. Sometimes, Doctor, says he, he + can talk as well as you or I; but at other times, he is very + much out of order. About eight o'clock I was for going to bed, + but did not till an hour and a half after; and about that time + sir John was making a great noise, and asking who is without + the door, what must I do my affairs in the cabin? What a shame + is it? Will not you let me have anything to do it in? but + nobody made any reply. Upon which I said to the centinel, why + don't you answer the gentleman? Are not you ashamed of it? Upon + which, I suppose, one went up to the captain and he came down, + and said, he was sorry that the gentleman should make such a + disturbance; but he hoped, that the first night would be the + worst: upon which the captain went up, and Mahony went in; and + I heard the gentleman and him talking together, and he asked + Mahony, what his brother was going to do with him? What, says + he, does he say I am mad? Formerly I used to be so, but now I + have not tasted any thing stronger than water these two years. + But, said he, to be sure these fellows are not sailors who + attacked me this day; they are not sailors, for, if so, they + are sadly degenerated from what sailors were formerly, for I + myself have been at sea, and might have been a commander. About + half an hour after ten, I fell asleep, but was very uneasy. + About twelve the centinel was sent for to go up to the captain, + but soon came down again; and about half an hour after two I + awaked, hearing some stir in the cock-pit; and I heard Mahony's + voice in the cabin, saying, Lie still and sleep, Sir. In a + short time after that I heard a struggle, and sir John cried + out, Here is 20 guineas for you, take it; must I die? And it + seemed to me, by his speaking, that they were stifling his + mouth. Upon which the person who stood centry upon the cabin + turned the key, whereupon Mahony cried out in a terrible + pucker, Damn ye, keep the door fast. Upon which I spake, and + said, What is the matter? what a noise is that? And the person + who stood centinel made answer, Nothing at all, nothing at all; + so I lay still a while, and all was pretty quiet. A little time + after that, Mahony called for a light, and the cabin-door was + opened, and a light handed in; the cock-pit was then in + darkness, so all was quiet again for some time. Soon after that + the cabin-door was opened again, and I heard as if two or three + people were coming out of the cabin, and heard Mahony say, + which way shall I go? And somebody made answer, you may go + through the hatch-hole. He repeated the question, which way + shall I go? and the other answered, by the ship-side. I then + thought somebody had been murdering sir John sure enough, and + they are carrying off his body that way; at the same time a + person stept up the cock-pit ladder, and I heard the captain's + voice, and he said, Centry, if he makes any more noise, let me + know it; but I thought within myself, that he was past that. + After this was past, all was pretty quiet, and the centinel + kept walking without my room: I was cautious of speaking to + him, not knowing who he was; but soon after, one of the + captain's servants came down to the store-room for liquor, and + he asked the centry whether he had made any noise lately? To + which he replied, You may tell the captain that the gentleman + hath been at the lock. About half an hour after, the person who + was upon the watch came to me, and asked, if I had any commands + on shore, for the boat was going up? I told him, No; but + perceiving by his voice who it was, I called him to come to me + in the dark, and I whispered, and said to him, Mr. Heathorne, + here hath been a hellish cabal to-night, I believe they have + murdered the gentleman; doth Mahony go on shore? He answered, + that he did; then, said I, the thing is done. I then asked who + was the centry without my door? and he told me; whereupon I + called the centry to me, and asked him, what noise and cabal is + this that hath been here to-night? He said, He did not know; + but the captain, said he, hath been down several times + to-night, and that he had taken the sword from him. Just after + this, in came Edward Jones, the cooper, and his wife shaking + and trembling; and said, White and Mahony had murdered the + gentleman sure enough. I told them, I did believe they were + both going on shore; and I would, said I, have you tell the + lieutenant what you saw of the matter, and let him know that I + am of the same opinion with you: but do you first go into the + steward's room, and draw the scuttle, and then you'll see + whether he is dead, or no. Upon which they went and drawed the + scuttle, and a cat fled in their face, and they found the + gentleman lay in the same posture as White and Mahony left + him. I then bid them go and tell the lieutenant the matter, + that those fellows might be prevented from going ashore; but + yet, said I, we can't stop them neither, seeing they have the + captain's orders. Then went Jones up forthwith, and I believe, + told the lieutenant; and I also stept up to him just after, and + told him, that I believed sir John was actually murdered; for, + said I, there have been a terrible noise in the cock-pit + to-night, and the captain himself was there this morning when + 'twas almost three o'clock, and the men that were with him are + going on shore. The lieutenant answered, that he could not stop + these men from going ashore, because the captain hath given + them leave; so, said he, we must let it alone till morning, to + see whether the gentleman is dead, or no. About eight o'clock + in the morning I went to him again; but he told me it was best + to defer it till we did see whether the captain sends down to + him, or not. It is, said he, no way proper for us to think of + seizing the captain, till we see that the gentleman is actually + dead, and have reason to think he is murdered. When the + captain's breakfast was ready, he sent for the lieutenant and + me to come and breakfast with him: accordingly we did; and soon + after there was a shore-boat came towards us, and then Mr. + Chamberlayn came on board, and went to the lieutenant's cabin; + and the lieutenant told that gentleman, that they were then + going to seize the captain, for it was believed that he had + been accessary to the murder of his brother. Immediately a + message was brought by one of the men, that sir John was dead: + upon which the captain was forthwith seized by eight or ten + men. + + VERNON--How far was your cabin from the purser's? + + DUDGEON--I can't say certainly, but believe about three yards. + + VERNON--Did you view the body of the deceased whilst he lay + dead in the purser's cabin? + + DUDGEON--I did. + + VERNON--And did you find any visible marks of violence upon + him? + + DUDGEON--Sir, I saw no rope, but he had a neck-cloth about his + neck, and there were some marks in his neck, which looked like + the scratching of nails; and I believe that he was strangled, + the blood came out of his nose and mouth. + +_William Macguinis_ was in his hammock when Sir John was brought aboard, +but was called up at twelve o'clock to stand sentinel in the gun-room. + + I had not been long on my post before I saw the captain come + down; and soon after I saw Mahony, that man there (pointing at + the prisoner Mahony), also come down. I stopt him, and asked + him where he was going? Damn your blood, you son of a bitch, + what is that to you? How busy you make yourself. And when he + came to the bottom of the cock-pit ladder I heard him say to + another man, Come here, this is the way. But who it was he + spake to, I know not. This was a little after two o'clock. The + captain espied me, he made towards me, and waved his naked + cutlass, and said, Stand back! stand back! + +The captain was down in the cockpit then. Buchanan had been sentinel in +the cockpit, but had been released by the captain. The witness saw +Mahony go into the purser's cabin, and afterwards saw the captain and +Mahony come up again from the cockpit; it was then about three o'clock. + +_Walker_ found a watch in the necessary house in the Brockware Boat, a +public-house on the Back, kept by Culliford. He searched for it by the +order of the justices; when he found it, the watch was in one place, and +the case in another, about a yard off. + +_Sarah Culliford_, of the Brockware Boat, received the watch from +Mahony. She had it in her possession about two hours before and two +hours after he was taken up. + + This young man (meaning the prisoner Mahony) was drinking in my + house, he pulled out the watch, delivered it to me, and desired + me to keep it for him until he did call for it; some time after + I had business to go out, I went into town, and had the watch + in my pocket; when I came back, my children told me that the + constable had been there to search the house for it, which much + surprised me; I went and threw the watch into the necessary + house for fear I should come into trouble. + + JOHN FUSSELL--I had this handkerchief from Mahony on the 19th + of January last, the night when we took him, I found it on his + neck; when he was seized he took it off; I took it out of his + hand, it was bloody then as it is now, I put it into my pocket. + +_John Mitchel_, the chief clerk to the Town Clerk, produced the +examination of Matthew Mahony, taken before the Mayor, voluntarily +signed by Mahony in the Mayor's presence, and signed by the Mayor. + + +_Clerk reads the Examination in these words:_ + + City and county of Bristol, to wit. The voluntary Examination + and Confession of Matthew Mahony, a native of Ireland, aged + about 21 years. This Examinant confesseth and saith, That about + sixteen or seventeen days ago, and several times since, he was + desired by Mr. Goodere, captain of the _Ruby_ man-of-war, now + lying at King-road, in the county of the city of Bristol, to + seize his, the captain's, brother, sir John Dineley Goodere, + bart., and bring him on board the said man-of-war; and that on + Tuesday last, this examinant, and the crew belonging to the + man-of-war's barge, and Edward Mac-Daniel, John Mac-Graree, and + William Hammon, privateer's men, were placed by the said + captain at the White-Hart alehouse, opposite St. Augustine's + Church, in order to seize sir John Dineley Goodere that day; + but it so happened that the captain forbid them to do it then. + And that on Sunday last, this examinant, the said barge's crew, + or the greatest part of them, and George Best, cock-stern of + the barge, the said Edward Mac-Daniel, John Mac-Graree, William + Hammon, and one Charles Bryer, privateer's men as aforesaid, + were again placed at the White-Hart aforesaid, to seize the + said sir John Dineley Goodere, and waited there for some time; + and he coming out of Mr. Jarrit Smith's house, and coming under + St. Augustine's church-yard wall, this examinant and his + comrades pursued him, and near the pump there they came up with + him, and told him there was a gentleman wanted to speak with + him; and he, asking where the gentleman was, was answered, a + little way off, and he went quietly a little way; but no one + appearing, he resisted and refused to go; whereupon this + examinant and comrades sometimes forcibly hauled and pushed, + and at other times carried him over St. Augustine's butts, + captain Day's rope-walk, and along the road to the hot-well + (captain Goodere being sometimes a little behind, and sometimes + amongst the crowd all the way), till they came to the slip + where the barge lay. But sir John was very unwilling to go, + made the utmost resistance, and cried out murder a great many + times; and when he was put into the barge, called out and + desired somebody would go to Mr. Jarrit Smith, and tell him of + his ill-usage, and that his name was sir John Dineley; + whereupon the captain clapt his hand on sir John's mouth to + stop him speaking, and told him not to make such a noise, he + had got him out of the lion's mouth (meaning the lawyer's + hands), and would take care he should not spend his estate; and + bid the barge men row away, which they did; and in their + passage to the man-of-war, the two brothers bickered all the + way. But when they came to the man-of-war, sir John went on + board as well as he could, and the captain took him down into + the purser's cabin, and stayed a little time with him, and + treated him with a dram of rum, and then left him for a + considerable time; and in the interim sent for this examinant + into his, the captain's cabin, and there told this examinant he + must murder his brother, for that he was mad, and should not + live till four o'clock in the morning; and this examinant + reasoning with him, and telling him he would not be concerned + and that he thought he had brought him there with intent only + to bring him to reason, and take care that he should not spend + his estate in law, and to have a perfect reconciliation: but + the captain still insisting, that this examinant had taken him, + he should do it; and this examinant then saying, he was not + able to do it of himself, the captain replied, if this + examinant could get nobody else, he and this examinant must do + it themselves. And then ordered him to call one Elisha Cole; + and he being too drunk to undertake such an affair, bid this + examinant call one Charles White, a very stout lusty fellow, + and the captain gave him a dram, and bid him sit down, and soon + gave other drams, and asked him if he could fight, and told + him, Here is a madman, he must be murdered and thou shalt have + a handsome reward. And this examinant, the said Charles White, + and the captain, all being agreed to murder the said sir John + Dineley Goodere, the captain then proposed the method, and + produced a piece of half-inch rope about nine foot long, and + Charles White having made a noose in the rope, the captain + said, applying himself to this examinant and the said Charles + White, You must strangle him with this rope, and at the same + time gave the handkerchief now produced, that in case he made a + noise, to stop his mouth; and said, I will stand sentinel over + the door whilst you do it; and accordingly instantly went out + of his own cabin, and turned the centinel from the purser's + cabin-door, and let this examinant and White into the purser's + cabin, where sir John Dineley Goodere was lying in his clothes + on a bed. The captain having pulled to the door, and standing + centinel himself, the said White first strangled sir John with + his hands, and then put the rope about sir John's neck and + hauled it tight, and sir John struggled, and endeavoured to cry + out, but could not. And this examinant confesses, that whilst + White was strangling sir John, this examinant took care to keep + him on the bed, and when one end of the rope was loose, this + examinant drew and held it tight; and thus each bore a part + till sir John was dead; and they having rifled the deceased of + his watch and money, knocked at the door to be let out; and the + captain called out, Have you done? they replied, Yes. He opened + the door, and asked again, Is he dead? And being answered in + the affirmative, and having a light, swore, by God, he would be + sure he was dead; and then went in himself, and returning, + locked the door, and put the key in his pocket, and they all + went together to the captain's cabin again, and there this + examinant gave the captain sir John's watch, and the captain + gave this examinant his own watch in lieu of it; and then the + captain gave them both some money, and White afterwards gave + this examinant eight guineas as part of the money he took out + of the deceased's pocket, and then the captain ordered them to + be put on shore in his own boat. And further this examinant + confesses and saith, That before and after the murder was + committed, the captain, Charles White, and this examinant + consulted what to do with the corpse; and the captain proposed + to keep it two or three days in the ship, and, as he expected + to go to sea, would sew it up in a hammock, or something else, + and there throw it over-board. And that before this examinant + and his comrades were sent to seize sir John, as is before set + forth, they were ordered by captain Goodere, that, if they met + with any resistance, they should repel force by force, and were + prepared with short heavy sticks or bludgeons for that + purpose. + + MATTHEW MAHONY. + +The Recorder cautioned the jury that this statement was evidence against +Mahony only, and was not to be taken as evidence against Goodere. + +_Vernon_ said that this concluded his evidence as to the facts; but that +as Goodere had made a point as to the position of the ship, he would +call evidence to show that the King Road had always been taken to lie +within the city and county of Bristol; and that the sheriff's officers +of Bristol had always used to execute both city and county process in +the King Road. + +_John Wint_ and _Lowden_ were called, and proved that they had served +process out of the Mayor's and the Piepowder Court, and process issued +out of the King's Bench, and the Common Pleas, and the Admiralty Court, +in the King Road. + +_Goodere_ being called on for his defence, said that he would call +witnesses to prove that sir John was a lunatic, and that he was doing +his best to take care of him. + +_Mrs. Gethins_ said that Goodere had asked her for a garret to keep his +brother in, for he was a madman; he made no secret of it. She had heard +nothing about Mahony having five pounds a month to take care of him. She +had heard Goodere talk with his own doctor about his brother. + + +_Mr. Marsh, sworn._ + + GOODERE--Did you go ashore in the morning about the king's + business, or what business did you go about? + + MARSH--I had an order about eight o'clock the night sir John + was brought on board, to go up in the morning to Bristol for + the letters from the Admiralty, and about four of the clock in + the morning I was called up to go: but the lieutenant seemed + much disordered, and bid me come to him before I set out. I + waited on the lieutenant, and told him, that White and Mahony + said they had liberty to go on shore, that the captain had + given them liberty to go; the lieutenant said, he knew nothing + of it. But as it is always my way, before I carry anybody off, + I said, I would go to the captain and ask leave. I went to the + captain, and asked him, if White and Mahony had liberty from + him to go on shore? And he said, Yes, let them go. + + GOODERE--Mr. Marsh, did you go upon the king's business, or on + purpose to take up these men? + + MARSH--I went about the king's business. + + VERNON--But it was after sir John was brought on board, that + Mr. Goodere ordered you to go up? + + MARSH--Yes, Sir, it was. + + VERNON--Did anybody else go up with you, besides Mahony and + White? + + MARSH--No, there did not. + + VERNON--Did Mr. Goodere give you orders to put them on shore in + any particular place? + + MARSH--I will do justice between man and man: the captain did + not give me orders to put them on shore in any particular + place. + + VERNON--Were they landed publicly or privately? + + MARSH--I put them on shore at the Gibb, about six of the clock + in the morning. + + GOODERE--Now, may it please you, sir, I shall show that Mahony + had business at Bristol that day by appointment, to receive + some wages that was due to him; for which purpose I shall call + Mr. Dagg. + +_Abel Dagg_, the keeper of Newgate, had had one Mervin in his house as a +prisoner for debt. Mahony had a claim against him for wages due to him +before he was pressed, and Mervin wished to settle the matter with him. +Accordingly Dagg had seen Goodere on the Tuesday or Wednesday before +this matter, and he said that he would meet Dagg to accommodate the +difference on the Monday following. The captain made the appointment to +meet him on the Monday, but he told Taylor, an attorney, that Mahony +would come on shore on Monday. He did not know that White had any +business on shore on Monday. + + +_Bridget King_ was sworn. + + GOODERE--Mrs. King, will you give the Court an account of what + you know of the lunacy of my brother sir John Dineley? + + MRS. KING--Please you, my lord, I think he was mad; for he + would get up at two or three of the clock in the morning, and + call his servants up, and fall a-singing; and then he would go + to bed again, and swear it was but twelve o'clock at night, and + lie a-bed all day. He would send his boy out all over his + grounds to pick up stones, and have the wheel-barrow rattling + about the streets on a Sunday: he hath ringed the bell to call + his servants up to his bedside, and when they were come up, he + would ask them what they did there, and swear they were come to + shoot him? He himself hath gone over all his grounds on a + Sunday to pick sticks, and hath sent his servants to market + when there was none; and he would be busy in every thing, and + hang on the pot himself; and he hath been quite raving mad. + + VERNON--Did you live as a servant to sir John? + + MRS. KING--I lived as a servant with him in London, and he came + down for the air to Tockington; he brought me down to go to + Bath. + + VERNON--How long did you continue with him? + + MRS. KING--A twelve-month, sir. + + VERNON--And how durst you venture to live so long with a + madman? He did not go mad for love of you, I hope? Have you + lived any time in Bristol? + + MRS. KING--No. + + VERNON--Then I suppose you came but now from London? + + MRS. KING--Yes, I did. + + GOODERE--Do you believe he was a madman? + + MRS. KING--In the actions that I have seen by him, I have + reason to think he was a madman. + + +_Mrs. Mary Stafford, sworn._ + + GOODERE--Mrs. Stafford, will you tell his lordship and the jury + what you know of sir John's being a lunatic? + + MRS. STAFFORD--Sir John hired me for a housekeeper in London, + and told me he had a great many servants, and he wanted a + housekeeper. When he brought me down, he ordered me to his + seat at Tockington; where, he said, he had a great deal of + company frequently. When I came there, I found there was + nothing in what he had told me; for, instead of a great many + servants, he had but one: a poor old shattered house, ready to + tumble down about one's ears, and the household goods all to + pieces: he was a madman, for if I had followed his directions + in any thing I should have done mischief. He hath sent me and + the rest of his servants to Thornbury market, when there was + none; he hath ringed the bell to call his servants to come to + his bedside to him, and when we have come up to him, he hath + asked us, what we did there? Sir, said I, you called me up; he + hath said he did not: and after we had been there a quarter of + an hour, he would take a knife, fork, glass-bottle, or anything + that came in his way, to throw at us, asking of us, What did we + come to rob him? And I was afraid of my life, to live with him. + I do believe he was a madman, or else he would never have acted + as he did; he would go into the kitchen, and take the pot, and + hang it on the fire. I style him a madman by his actions. + + VERNON--And must he therefore be hanged himself like a mad dog, + think you? + + MRS. STAFFORD--I know nothing of that, Sir. + + VERNON--How long did you live with sir John? + + MRS. STAFFORD--Three months, Sir. + + GOODERE--Call Mr. Robert Cock. + + THE RECORDER--What do you call him to prove? + + GOODERE--My lord, in order to prove sir John Dineley a lunatic. + Mr. Cock, will you give an account to my lord and the jury what + you know of the lunacy of sir John Dineley? + + +_Robert Cock, sworn._ + + COCK--My lord, I have known Mr. Dineley at Charlton for some + years; I have been several times in his company; I have seen + him do several acts of lunacy, as a madman. + + VERNON--Where do you live? + + COCK--I live in Cumberland, when I am at home. + + VERNON--Are you of any business? + + COCK--I am an officer belonging to his majesty. + + VERNON--What kind of officer? + + COCK--A salt officer. + + GOODERE--I will not give your lordship and the jury much more + trouble. I am entirely innocent; they have not proved that I + was present at the death of sir John Dineley. + + THE RECORDER--Don't deceive yourself; though they have not + proved you was actually in the cabin, when sir John was + murdered, yet they have given evidence of that, which (if the + jury give credit to) will amount to presence in the eye of the + law. + + GOODERE--I shall now call some witnesses to my character, and + likewise to shew how improbable it is that I should be guilty + of the murder of my brother. + + Call Mr. Pritchard. + +_Mr. Pritchard_ had known Goodere many years; he always bore the +character of a good husband, a good neighbour, and a kind friend. + +_The Rev. Mr. Watkins_, three months or half a year before Sir John's +death, had told Goodere that Sir John had told him that he had made his +will and cut his brother off from everything, and had given his estate +to the Footes. The witness had found Sir John a good neighbour, and a +kind friend; he was a man of strong passions, and if any one affronted +him, he would let the party know that he did resent it. His tenants, and +those the witness had conversed with, said that he was one of the best +of landlords. + + VERNON--I don't ask you, Sir, concerning his moral character; + but whether he was in his senses or not? + + WATKINS--In his senses! I saw him last Christmas, he was making + up his accounts with several of his tenants; he was then in + very good understanding. I take him to have been a man that + always had his senses in a regular exercise. + + VERNON--What have you heard the prisoner Mr. Goodere say in + relation to Sir John's making his will? + + WATKINS--I believe he told me that sir John had not the power + to make a will; I told him it was my opinion, if they would be + reconciled together, sir John's will would not stand. + +_Mr. Thomas_ and _Mr. Ashfield_ and the _Rev. Mr. Rogers_ spoke in +general terms to Goodere's good character. + +_George Forcevil_ had known him for fourteen or fifteen years; he had a +very good character in the neighbourhood; he constantly attended his +church twice a day Sundays, and would be there at prayers almost every +day. He thought him to be a good man. + +_Goodere_ said he would not trouble the Court with any more evidence as +to his character; he was deprived of some evidence by reason of his +sickness in gaol, which prevented his friends from coming to advise him +about his defence; also there were witnesses on board the ship who might +have been of great service to him, but the ship had sailed before he got +an order from the Admiralty ordering them to stay on shore. + +_Frederick_ drew the Recorder's attention to the fact that there had +been several aspersions in the newspapers to the prejudice of Goodere, +and that a pamphlet had been published in Bristol called _The Bristol +Fratricide_; but he hoped that the jury would not be influenced by such +matters against the prisoner. + +The jury declared that they had never seen any such pamphlet or +newspapers. + + VERNON--Mr. Recorder, we must beg leave to ask Mr. Jarrit + Smith's opinion, as to Sir John's being a lunatic or not? + + SMITH--I am surprised to hear it said by some of Mr. Goodere's + witnesses that sir John Dineley Goodere was mad. I knew him + fourteen or fifteen years, and conversed with him both in + person and by letter; but never discovered that he was in the + least disordered in his senses, I always took him to be a man + of sound understanding. On the Sunday before his death, he + expressed himself with a great deal of good nature and + affection at the sight of his brother. + +_Shepard_ proposed to call evidence to show that the place where the +ship lay was not in the city and county of Bristol. + +_The Recorder_ said that the evidence that had been given as to the +service of writs, proved that the King's Road was within the +jurisdiction, and it was admitted that the ship lay within the Road. If, +however, the prisoner could show that any part of the Road was, or ever +had been esteemed to be, within any other county than the county of the +city of Bristol, he would hear him. He then asked Mahony if he had +anything to say. + + MAHONY--I hope your Lordship will consider that I was a poor, + pressed servant, and that I was drunk when I made the + confession, and I was frightened out of my wits. + + MR. RECORDER--You say you were drunk when you made the + confession; it is possible, that night when you were taken and + brought before the magistrates you were in liquor, but it seems + your confession was not taken until the next day. + +_Vernon_ then replied on the whole case; confining himself to pointing +out that if Goodere was abetting Mahony in killing Sir John, it made no +difference that he was not in the cabin at the time that he was killed. + +_Shepard_ replied, trying to distinguish Goodere's case from those which +had been cited by Vernon, and suggesting that Goodere only brought his +brother on board the ship in order that he might take proper care of +him; but the Recorder stopped him, pointing out that he was going off +from the point of law to matter of fact. He said that he should tell the +jury that if they believed that Goodere stood at the cabin door to +prevent any persons coming who might prevent the murder, or to encourage +those within in the business they were about, they must find him guilty +on the indictment. He then recapitulated the facts in some detail, but +did not add any comment. He concluded by laying down the law as to +whether Goodere was an accessory to what was done, in the sense already +indicated, and told the jury that, in such a case as the present, they +would be well-advised not to attach much weight to the evidence given as +to Goodere's character. + +The jury thereupon retired, and after a short space returned, and found +both the prisoners Guilty. + +The next day Charles White was tried on a separate indictment for the +same murder. He pleaded Not Guilty, but was convicted, chiefly on the +evidence of Jones the cooper and his wife, and his own confession. + +On the next day all three prisoners were brought up, and having nothing +to say for themselves were all sentenced to death. + +They were all hung at Bristol on the 15th of April, having confessed the +fact. 'The body of Mahony is hung in chains near the place where the +horrid fact was committed.' + +FOOTNOTES: + +[51] Samuel Goodere (1687-1741) entered the navy in 1705, served through +the War of Spanish Succession, but in 1719 was found guilty by a +court-martial of having been very much wanting in the performance of his +duty in the attack on St. Sebastian in the same year. He was temporarily +appointed to another ship for rank in 1733. He was then living with his +father, who had quarrelled with John; and apparently John had quarrelled +with his wife, who was supported against him by Samuel. The father's +will disappointed both sons, and John, having cut off the entail of his +estate during his son's life, after his death announced his intention of +leaving it to one of the Footes, a cousin of the actor, which probably +led to his murder. Samuel left two sons; it seems doubtful whether they +succeeded to the baronetcy. The elder died insane. The younger became a +poor knight at Windsor, and dropped the name of Goodere. He made himself +conspicuous by the oddity of his behaviour. He believed that a small sum +of money expended in law-proceedings would realise a fortune, and that +that money would be obtained through a wife. He therefore frequented +crowded places, and on seeing any woman or girl he did not know would +present her respectfully with a printed proposal of marriage. He died in +1809. + +[52] Sir Michael Foster (1681-1763) entered Exeter College 1705, was +called to the Bar in 1713, and practised locally at his native town of +Marlborough. He became Recorder of Bristol in 1735, and a puisne judge +of the King's Bench in 1745. He enjoyed a great reputation as a master +of Crown Law, and was the author of the well-known _Discourses_ on that +subject. + +[53] After mentioning certain obsolete rules relating to indictments, +Sir James Stephen says:--'I do not think that anything has tended more +strongly to bring the law into discredit than the importance attached to +such technicalities as these. As far as they went, their tendency was to +make the administration of justice a solemn farce. Such scandals do not +seem, however, to have been unpopular. Indeed, I have some doubt whether +they were not popular, as they did mitigate, though in an irrational, +capricious manner, the excessive severity of the old criminal law' +(_Hist. Crim. Law_, vol. i. p. 284). + +[54] It is curious that Shepard did not take the point that the prisoner +was not described as a baronet, which he in fact became on his brother's +murder. Till recently such an objection would have been fatal. + + + + +INDEX + + + Albemarle, Duke of, takes information in Lord Russell's case, ii. 36. + + Albert, Archduke, sends embassy to James I., i. 3; + Cobham's connection with, 24. + + Aldridge, George, witness against Cowper, how he left the town, ii. + 170, 171. + + Aleyn, Sir Thomas, witness against Col. Turner, i. 170-180, 186, 191, + 192, 201. + + Amy, Henry, wounds of French and Lord Warwick; arrival at the Bagnio of + other duellists; condition of their swords, ii. 101. + + Anderson, Lord Chief-Justice, i. 10. + + Andrews, Doctor, i. 22. + + Anglesey, Lord, gives evidence in favour of Lord Russell, ii. 38, 39. + + Applegate, chairman, witness against Lord Warwick, ii. 92-95; + carried Lord Mohun to Leicester Fields, 92; + carried French to the Bagnio, 93; + Mohun tried to stop quarrel, 95. + + Arabella. _See_ Stewart, Lady Arabella. + + Aremberg, Duke of, ambassador of Henry IV., i. 3; + overtures to, 3, 12, 19, 29, 35, 55; + Raleigh's account of, 25, 47, 49, 57. + + Argyle, Duke of, and Lord Russell's Plot, ii. 27. + + Armstrong, Sir Thomas, and Lord Russell, ii. 8, 11, 13, 47; + and the Rye House Plot, 25. + + Arundel, Lord, at Raleigh's execution, i. 69, 71. + + Atterbury, a witness in Lord Russell's trial, ii. 32. + + Axtel, Daniel, regicide, i. 129, 150; + statement by, as to Hulet, 162. + + + Babington, Dr., witness against Cowper, ii. 165. + + Barefoot, Mrs., witness for Cowper, ii. 214. + + Barter, witness against Lady Lisle, i. 249, 250; + re-examined as to Dunne's statements, 256. + + Beavor, witness against Peters, i. 152, 154. + + Berry, James, found Sarah Stout drowned, ii. 151, 153. + + Blisset, Col., witness for Lord Warwick, ii. 115-117; + Warwick gives Coote 100 guineas, 115; + friendship between them, 116. + + Blunt, Charles, Earl of Devon, i. 9. + + Bocking, Jane, bewitched, i. 214, 225. + + Bowd, witness for Cowper, as to Sarah Stout's melancholy, ii. 239, 240. + + Bownes, John, regicide, i. 129. + + Bradshaw, John. _See_ Charles I., i. 75-119, 76; + discusses authority of Court, 80-87; + asks the King to plead, 91, 92; + declares sentence settled, King to be heard, 96, 97; + final speech by, 103-117. + + Brandon, George, the executioner of Charles I., i. 163, 165, 166. + + Bridgman, Sir Orlando. _See_ Harrison, Peters, and Hulet, i. 125, 129; + tries Col. Turner, 169. + + Brook, George, i. 4-8, 11; + and the 'Bye,' 16, 30; + Cecil's examination of, 28; + pension to, 35, 36; + and Copley, 39; + examination of, 40; + book given to, 40, 41; + and Arabella Stewart, 47. + + Browne, Sir Thomas, witness against the Suffolk witches, i. 227. + + Browne, Thomas, chairman, witness against Lord Warwick, ii. 82-87; + carried Coote to Leicester Fields, 83; + tried to carry Coote to the surgeon, 84; + cross-examined, 81, 87. + + Buchanan, David, witness against Goodere, ii. 268-272; + Goodere and Mahony at Sir John's cabin, 270, 271. + + Burnet, Dr., gives evidence in favour of Lord Russell, ii. 40-44; + accompanies him to the scaffold, 54. + + + Campbell, Sir ----, and Lord Russell's plot, ii. 28. + + Campian, Edmund, Jesuit, i. 47. + + Capel, Lord, execution of, i. 164. + + Carew, advises Raleigh to escape, i. 70. + + ---- John, regicide, i. 129. + + Carpenter, Dunne's evidence as to, ii. 68, 81; + witness against Lady Lisle, 77. + + Castlewood, Lord, duel with Lord Mohun, ii. 130-135. + + Cavendish, Lord, gives evidence in favour of Lord Russell, ii. 42. + + Cawthorne, witness against Lord Warwick, ii. 68-82; + French and Coote start from Locket's and return, 70, 71; + quarrel at Locket's, 71; + party leave Locket's, 71, 72; + cross-examination, 72-82; + heard no quarrel between Warwick and Coote, 73; + quarrel at Locket's, 75-82. + + Chamberlain, Sir T., witness against Turner, i. 189, 190, 201. + + Chandler, Susan, bewitched, i. 214; + state of, at the Assizes, 214; + evidence as to, 226; + recovers on verdict, 234. + + Charles, Prince of Wales, i. 61. + + Charles I., trial of, i. 75-119: + assembling of the High Court, 76-79; + charge read, 79, 80; + authority of Court discussed, 80-83; + the Court adjourns and re-assembles, 83; + King charged, authority of Court discussed, and King refuses to + plead, 84-87; + Court adjourns and re-assembles, 89; + Solicitor-General demands judgment, 89-91; + King charged and refuses to plead, 91-95; + Court adjourns and re-assembles, 95; + sentence agreed on, King to be heard, 96, 97; + King demands to be heard by Lords and Commons and is refused, 97-101; + Bradshaw's speech, 103-117; + sentence on the King, 118. + + Charles II. and the regicides, i. 120-125. + + Clement, seaman, witness against Cowper, as to corpses floating, ii. + 166-168. + + Clifford, Lord, witness for Lord Russell, ii. 46. + + Coatsworth, surgeon, witness against Cowper, ii. 158, 159, 163, 164. + + Cobham, Lord. _See_ Raleigh, i. 1-71; + in opposition, 2; + overtures to French and Spanish, 3; + Raleigh accuses, 5; + avows Raleigh's guilt; 6; + not a witness, 33, 37-39, 47-49; + takes message to Aremberg, 19; + letter to, from Raleigh, 21; + Raleigh's instigation of, 21, 23; + examination of, 23, 24, 40, 41; + Raleigh's reply to, 25, 26; + second examination of, 26, 27, 35, 45; + Cecil's examination of, 28, 29; + Coke's argument as to Raleigh's complicity with, 29-33; + Raleigh's confession as to, 36; + letter to the lords, 55, 56; + to Raleigh, 56, 57. + + Cochram, Sir John, and Lord Russell's plot, ii. 28, 29. + + Coke. _See_ Raleigh's trial, i. 1-71; + opening speech by, 13-23; + on Raleigh's connection with Cobham, 29-33; + on Cobham's letter, 53-56; + final sentence of Raleigh by, 65. + + Cook, John, solicitor to the Commonwealth, i. 79, 124, 129. + + Coote, opening as to, in Lord Warwick's case, ii. 65-68; + leaves Locket's first and returns, 71; + leaves with Warwick and Lord Mohun, 71, 72; + no quarrel with Warwick, 73, 74, 76, 108, 110, 114, 117, 119; + quarrel with French, 75; + conversation of, with Warwick and Mohun in St. Martin's Lane, 83, 86, + 87; + wounded in Leicester Square, 84, 88; + death of, 89; + killed by French, 102; + news of his death, 104; + Warwick's account of the death of, 111, 112; + receives money from Warwick, 115, 116. + + Copley, i. 4; + his confession, 35, 39. + + Corriton, prosecutes Lady Lisle, i. 241. + + Cotton, Sir Robert, King Charles taken to his house, i. 89, 119, 150. + + Court, Theodore, witness against Goodere, master of the _Ruby_, ii. + 264-267, 268. + + Cowper, Dr. W., witness for Spencer Cowper, ii. 197. + + ---- Spencer, trial of, ii. 139-228; + opening of case against, 141-146; + at Sarah Stout's house, Walker's evidence, 140-148; + Sarah Stout's melancholy, 140-151; + the finding of Sarah Stout's body, 151-155; + medical evidence for the prosecution, 154-162; + evidence as to dead bodies floating, 162-169; + how Cowper left Hertford, 169, 170; + Cowper's defence, 183-187; + the finding of the body, 187-194; + medical evidence, evidence of Sir Hans Sloane, etc., 194-199; + Sarah Stout's melancholy, 199-205; + Sarah Stout and Mr. Marshall, 206-208; + letters to Marshall, 208-210; + letters to Cowper, 210-212; + Cowper's connection with Sarah Stout, 212-214; + summing up, 224-246; + acquittal and appeal proceedings, 227, 228. + + Cowper, William, witness for Spencer Cowper, ii. 212-214. + + ---- Mrs., evidence of, for Spencer Cowper, as to Sarah Stout's + melancholy, ii. 201, 202. + + Cox, Dr. Thomas, witness for Lord Russell, ii. 44. + + ---- William, witness against Hulet, i. 164. + + Crattle, James, witness against Lord Warwick, ii. 90-92; + carried him to Leicester Square, 90; + and to the Bagnio, 91. + + Creed, witness for Lady Lisle, i. 262. + + Crippes, William, witness against Lord Warwick, ii. 87-90; + helped to carry Coote to Leicester Fields, 87; + conversation in St. Martin's Lane, 87, 88; + Coote wounded, 88. + + Cromwell, Oliver, and Peters, i. 142-145, 149, 150. + + Cullender, Rose, trial of, i. 211-235; + indictment, 213; + bewitched the Pacys, 221; 223, 224; + and the Durents, 225; + and Susan Chandler, 226; + touches the children in court, 229; + bewitches Soam's cart, 231; + and Sherringham's beasts, 232; + defence of, 233; + summing up and verdict as to, 234. + + + Dew, Robert, witness for Cowper, as to finding Sarah Stout's body, ii. + 188-190. + + Dimsdale, John (senior), surgeon, witness against Cowper, ii. 160-162. + + ---- ---- surgeon, witness against Cowper, ii. 154-156, 161. + + Dockwra, opening as to, in Lord Warwick's case, ii. 165; + arrival at the Bagnio, 97; + tried for murder of Coote, and convicted of manslaughter, 112. + + Doncaster, Lord, at Raleigh's execution, i. 69, 70. + + Duckinfield, Captain Loftus, witness against Lord Warwick, ii. 102-107; + interview with Warwick, James, and Dockwra, 102; + French killed Coote, 102; + Warwick fought with James, 103; + duellists to leave London, 104; + condition of Warwick's sword, 105. + + Dunne, James, witness against Lady Lisle, i. 242; + examination in chief, 242-247; + cross-examination of, 247-249; + re-examined as to what he told Lady Lisle, 250-255; + re-examined as to arrests at Moyles Court, 255-257; + final examination of, 258-261. + + Duny, Amy, trial of, for witchcraft, i. 211-235; + indictment, 213; + bewitches William Durent, 215, 217; + and Elizabeth Durent, 217; + and Dorothy Durent, 218; + touches Elizabeth Pacy, 219; + bewitches Elizabeth Pacy, 220-225; + admission by, 221; + bewitches Diana Booking, 225; + present while a child is touched by another, 229; + bewitches geese, a chimney, and a firkin of fish, 232, 233; + defence by, 233; + summing up as to, and verdict, 234. + + Durent, Ann, bewitched, i. 213, 225; + state of, at the Assizes, 214. + + Durent, Elizabeth, bewitched, i. 213; + bewitched by Amy Duny, 217, 218. + + ---- William, bewitched, i. 214; + bewitched by Amy Duny, 215. + + + Esmond, Henry, present at duel between Lord Castlewood and Lord Mohun, + ii. 130-135. + + Essex, Earl of, i. 54, 59, 70, 71. + + ---- ---- and Lord Russell, ii. 8; + Howard's evidence as to, 26, 29. + + + Fairfax, Lady, interrupts Charles I.'s trial, i. 96. + + Fane, guides Dunne to Moyles Court, i. 246. + + Ferguson, and Lord Russell, ii. 8, 13. + + Finch, Sir Heneage, i. 127; + prosecutes Russell when Solicitor-General, 5; + speech of, 47-50. + + Fleetwood, George, i. 129. + + Ford, Sir Richard, sheriff, complaint against, in Turner's trial, i. + 169; + at Turner's execution, 208. + + Foster, Sir Richard, tries Goodere, ii. 232. + + Foster, Sir Robert, i. 126. + + French, opening as to, in Lord Warwick's case, ii. 65-68; + leaves Locket's first, and returns, 71; + quarrel with Coote, 75; + wounded, 93; + arrival at the Bagnio, 96; + condition of his sword, 97, 98; + killed Coote, 102; + tried for murder of Coote, and convicted of manslaughter, 112. + + Fry, Elizabeth, witness against Turner, i. 184, 185. + + + Garland, Austin, regicide, i. 129. + + Garth, Dr., witness for Cowper, ii. 235, 236. + + Gin, Richard, seaman, witness against Cowper as to corpses floating, + ii. 168, 169. + + Gittens, witness against Hulet, i. 158-160. + + Glover, Cornelius, witness against Peters, i. 154, 155. + + Goodall, witness against Lord Warwick, arrival of the duellists at the + Bagnio, ii. 101. + + Goodere, Sir John. _See_ Goodere, Samuel. + + ---- Samuel, trial of, ii. 231-304; + Vernon opens the case, 232-236; + Sir John at Jarrit Smith's house, 238, 239; + meets Goodere there, 241, 242; + counsel's right to cross-examine, 245; + description of Sir John in the indictment, 247, 248; + Goodere visits the White Hart, 249-254; + Sir John carried to the _Ruby_, 255-264; + Sir John on the _Ruby_, 264-289; + Sir John murdered, 274-282; + Mahony's confession, 291-295; + question of jurisdiction, 295; + Sir John's madness, 297-301; + Goodere's character, 301; + defence, 303; + summing up, verdict and sentence, 304. + + Gore, Mr. Sutton, witness for Lord Russell, ii. 46. + + Gregory, Clement, regicide, i. 129. + + Grey, Lord, connection with Raleigh, i. 2-8, 16, 17; + Cecil arrests, 28. + + Grey of Werk, Lord, and Lord Russell, ii. 7, 8, 11, 13, 47. + + Gunter, witness against Peters, i. 145, 146. + + Gurrey, John, Mrs., and Elizabeth, witnesses against Stephens, etc., + their conduct and conversation in Hertford, ii. 171-180. + + + Hacker, Francis, regicide, i. 129. + + Hale, Sir Matthew, trial of Suffolk witches by, i. 212; + Lord Campbell on, 213 _n._ + + Hamilton, Duke of, execution of, i. 164. + + Hampden, John, and Lord Russell, ii. 10; + Howard's evidence as to, 26. + + Harrison, Colonel Thomas, trial of, i. 130-139; + pleads after discussion, 130, 131; + present in the High Court, 133; + and at a Committee Meeting, 132, 133; + conducted the King from Hurst Castle to London, 133, 134; + defence of, 135-139; + sentence on, 139, 140. + + Hatsell, Sir Henry, tries Spencer Cowper, ii. 140. + + Hawles, Sir John, prosecutes Lord Warwick when Solicitor-General, ii. + 122-127. + + Heale, Serjeant, i. 13. + + Henry, Prince of Wales, Raleigh's pupil, i. 61. + + Henry IV. of France, i. 3. + + Hevingham, William, regicide, i. 129. + + Hewson, Colonel, and King Charles's execution, i. 159, 160, 161. + + Hicks, and Lady Lisle, i. 241; + tried and hanged, 242; + Lady Lisle agrees to receive, 244; + journey with Dunne, 245; + discovered at Moyles Court, 255; + message to, and reception by, Lady Lisle, 258-261. + + Hide, Sir Robert, i. 126; + tries Colonel Turner, i. 169; + summing up of, 193, 194. + + Hill, William, witness against Turner, i. 182, 184, 191. + + Hobbs, Morris, witness against Goodere, landlord of the White Hart, ii. + 248-255; + Goodere's first visit, 290-292; + his second visit, 293-295. + + Holland, Earl of, execution of, i. 164. + + Hollis, Denzil, i. 136, 138. + + Holt, John, defends Lord Russell, ii. 6. + + Howard, Thomas, Earl of Suffolk, i. 8. + + ---- Henry, Earl of Northampton, i. 9. + + ---- of Escrick, Lord, and Lord Russell, ii. 8; + witness against Lord Russell, ii. 14-32; + declarations of Russell's innocence, 38-42, 44-46, 48, 52. + + ---- Mr., gives evidence in favour of Lord Russell, ii. 39-41. + + Hulet, William, trial of, i. 158-166; + on the scaffold of Charles I., i. 159; + statements by, and reports as to, 160-163; + sentence on, 165, 166. + + + Ireton, General, and Peters, i. 146, 147, 148. + + + James, opening as to, in Lord Warwick's trial, ii. 65-68; + sent for to Locket's, 69; + tries to stop the quarrel, 80; + arrival at the Bagnio, 87; + condition of his sword, 100; + fought with Warwick, 103; + tried for murder of Coote, and convicted of manslaughter, 112. + + Jeffreys, Lord Chief-Justice, tries Lady Lisle, i. 239-275; + summing up of, 263-269; + and the jury, 270-272; + prosecutes Lord Russell when a serjeant, ii. 50. + + Jenkins, Sir Leoline, takes information in Lord Russell's case, ii. 36. + + Jones, conducts prosecution of Cowper, ii. 140. + + ---- Edward, witness against Goodere, ii. 274-279; + saw murder of Sir John, 276; + helped to arrest captain, 278. + + ---- Mrs., witness against Goodere, saw murder of Sir John, ii. 280, + 281. + + ---- John, regicide, i. 129. + + + Keeting, Captain, witness for Lord Warwick, ii. 113, 114. + + Kelyng, Sir John, i. 127; + action in trial of Suffolk witches, i. 226, 229. + + Kemish, Francis, i. 21, 45. + + + La Chesnee, i. 64, 70. + + Lawrency, Raleigh plots with, i. 19, 25, 29; + examination of, 35. + + Le Clerc, i. 63, 70. + + Leeds, Duke of, cross-examination by, in Lord Warwick's trial, ii. 85, + 86. + + Lilburne, Robert, i. 129. + + Lisle, John, husband of Lady Lisle, i. 239. + + ---- Lady Alice, trial of, i. 239-275; + agrees to receive Hicks, 244, 245; + Dunne's first account of her reception of Hicks, etc., 246-249; + Barter's account of the same, 249; + Dunne's second account, 250-255; + denial of, as to Hicks and Nelthorp, 257; + Dunne's third account, 258-261; + defence of, 262, 263; + summing up as to, 263-269; verdict, 272; + sentence, 272, 273; + execution of, 274; + reversal of attainder of, 274, 275. + + + Macartney, Captain, second to Lord Castlewood, ii. 130-135. + + Mallett, Sir Robert, tries the regicides, i. 126. + + Manchester, Lord, tries the regicides, i. 136. + + Markham, Sir Griffen, and the 'Bye,' i. 4, 6, 21. + + Marshall, witness for Cowper, acquaintance with Sarah Stout, ii. 207, + 208; + letters from Sarah Stout, 208, 210. + + Marson, John (see Cowper, Spencer, trial of, ii. 139-228); + leaves London and arrives at Hertford, 218, 224; + conversation at Gurrey's, 219; + at the Devil, 221; + character of, 221, 222; + summing up, 224-226; + verdict, 227. + + Marten, Henry, regicide, i. 124, 129. + + Masterson, witness against Harrison, i. 132. + + Melvile, Lord, and Lord Russell's plot, ii. 28. + + Meyn, Simon, regicide, i. 129. + + Millington, Gilbert, regicide, i. 129. + + ---- witness against Turner, i. 188, 201. + + Milton, John, i. 124. + + Mohun, Lord, ii. 59; + true bill against, 62; + opening as to, 65-68; + tries to stop quarrel at Locket's, 71, 77, 79, 80; + leaves with Lord Warwick and Coote, 71, 72; + conversation of, with Coote and Warwick in St. Martin's Lane, 83, 86; + trial and acquittal of, 130; + duel with Lord Castlewood, 130-135. + + Monmouth, Duke of, and Lord Russell, ii. 7, 11, 13; + connection with Lord Howard, 20-26, 47, 48, 51. + + Montague, Lord Chief-Baron, tries Russell, ii. 5. + + Mortimer, Dr., witness against Peters, i. 151, 152. + + Mosely, witness for Turner, i. 201. + + Mundy, prosecutes Lady Lisle, i. 241. + + + Nailor, Dr., witness against Cowper, ii. 164. + + Nelson, Lieut.-Col., witness against Hulet, i. 162. + + Nelthorpe, brought to Lady Lisle by Dunne, i. 245; + discovered at Moyles Court, 255; + reception by Lady Lisle, 258-261. + + Nevill, Sir Edward, opinion of, in Lord Warwick's case, ii. 126. + + Newburgh, Lord, witness against Harrison, i. 133. + + Normanby, Marquis of, cross-examination by, in Lord Warwick's + trial, ii. 85. + + Northampton, Lord, at Raleigh's execution, i. 61. + + North, Sir Dudley, appointed Sheriff of London, ii. 3. + + ---- Francis, prosecutes Lord Russell, ii. 5; + opens the case, 7. + + Northumberland, Earl of, i. 2, 3. + + Nunnelly, Richard, witness against Peters, i. 150, 151. + + Nutley, witness against Harrison, i. 132. + + + Pacy, Deborah, bewitched, i. 214; + too ill to be brought to the Assizes, 219; + evidence as to, 219-223. + + ---- Elizabeth, bewitched, i. 214; + state of, at the Assizes, 214; + being unconscious at the Assizes, recognises and assaults Amy Duny, + 219; + evidence as to, 219-223. + + Palmer, Sir Geoffrey, i. 127. + + Payton, Sir John, i. 21. + + Pemberton, Sir Francis, Lord Chief-Justice, tries Russell, ii. 4. + + Pennington, Isaac, i. 129. + + Penruddock, John, i. 239. + + ---- Col., i. 239; + witness against Lady Lisle, as to at Moyles Court, arrests 255-257. + + Peterborough, Earl of, cross-examines in Lord Warwick's case, ii. 77. + + Peters, Hugh, trial of, i. 140-158; + pleads, 140, 141; + in Pembrokeshire, 142, 143; + escape from London with Cromwell, 143; + replies to Dr. Young, 144, 145; + consultations with Cromwell, 145, 146; + with Ireton and others at Windsor, 147, 148; + in the Painted Chamber, 149; + rode before the King into London, 149; + at the trial and execution, 150, 151; + his preachings, 152, 154; + his defence, 155, 156; + summing up and sentence, 156-158. + + Phillips, Serjeant, in Raleigh's trial, i. 36, 51. + + Pollexfen, defends Lord Russell, ii. 6; + prosecutes Lady Lisle, 61. + + Pomfret, witness against Lord Warwick, servant at the Bagnio, ii. + 96-100; + arrival of Warwick and French, 96; + and Dockwra and James, 97; + state of the swords, 96-100. + + Popham, Lord Chief-Justice, i. 6, 10; + examination by, of Lord Cobham, 27. + + Potter, Vincent, regicide, i. 129. + + Powys, Sir Thomas, appears for Lord Warwick, ii. 123, 125. + + Preston, Sir Amyas, i. 42. + + Pretty, account of Hulet by, i. 161. + + + Raleigh, Sir Walter, trial of, i. 1-71; + position on accession of James I., 2; + overtures of, to French and Spaniards, 3, 4; + examination and arrest, 5; + indictment, 11-13; + Coke's opening, 13-23; + Cobham's examination, 23, 24; + Raleigh's answer, 25, 26; + Cobham's second examination, 26, 27; + Raleigh's answer, 27, 28; + his connection with Cobham, 29, 30; + two witnesses required, 31-33; + examinations of Watson, etc., 35; + of Raleigh, 36; + Cobham not called, 37-39, 47-49; + examinations of Raleigh, Cobham, and others, 39-41; + book against the title of the King, 41-44; + letter to Cobham, 45; + Lady Arabella Stewart, 46, 50; + Dyer's evidence, 50; + Phillip's speech, 51; + Cobham's letter to the lords, 55, 56; + to Raleigh, 56, 57; + verdict, 57; + sentence, 58-60; + life in the Tower and the Guiana expedition, 61-65; + condemnation, 65; + letter to the King, 65, 66; + to his wife, 66-69; + execution, 69, 70. + + Raymund, Edmund, witness for Lord Warwick, ii. 119. + + Regicides. _See_ Harrison, Thomas; Peters, Hugh; Hulet, William; and + note i. p. 129. + + Rich, appointed Sheriff of London, ii. 3. + + ---- Col., and Peters, i. 146, 148. + + Richardson, Thomas, witness against Peters, i. 150. + + ---- Mrs., evidence against Marson, ii. 152. + + Roe, Owen, regicide, i. 129. + + Rogers, William (_see_ Cowper, Spencer, trial of, ii. 139-228); + leaves London and arrives at Hertford, 218-220; + conversation at Gurrey's, 219; + summing up, 224-226; + verdict, 227. + + Rumsey, witness against Lord Russell, takes message from Shaftesbury to + the conspirators, ii. 10-12, 13, 34, 37, 47, 51, 55. + + Russell, Lord, trial of, ii. 3-56; + charges against, 6; + objections to jurors, 6, 7, 56; + North opens case against, 7-10; + Rumsey's evidence against, as to meetings in Sheppard's house, 10-12; + Sheppard's evidence as to the same, 12-14; + Lord Howard's evidence against, as to Shaftesbury's plot, 14-26; + and Russell's plot, 26-31; + West's evidence as to connection of with Trenchard, 32, 33; + speech of, on question of law, 33, 34; + replies thereto, 34-37; + reply of, to Rumsey's evidence, 37, 38; + evidence as to declarations by Howard, 38-42; + evidence as to character, 43, 44; + Howard's reply, 44-46; + conclusion of speech of, 46, 47; + reply by Solicitor-General, 47-50; + summing up, 50-54; + verdict and sentence, 54; + execution of, and statement by, 54-56; + reversal of attainder of, 56. + + + Salisbury, Earl of (_see_ Raleigh); connection with Raleigh's trial, i. + 1-8; + judge in Raleigh's trial, 9; + plots revealed to, 28. + + Salmon, witness against Lord Warwick; describes Coote's wounds, ii. + 107. + + Sandeswell, Ann, witness against the Suffolk witches, i. 232. + + Savoy, Duke of, and Raleigh, i. 61. + + Sawyer, Sir Robert, prosecutes Lord Russell when Attorney-General, ii. + 5. + + Scot, Thomas, regicide, i. 129. + + Scroope, Adrian, regicide, i. 129. + + Shaftesbury, Earl of, connection with Lord Russell's trial, ii. 4-8; + message of, to conspirators, 11; + connection with Howard, 17-26, 47, 48, 51, 52. + + Sheppard, conspiracy at the house of, ii. 11, 47, 51; + witness as to meetings of conspirators, 13, 14. + + Sherringham, Robert, witness against the Suffolk witches, i. 232. + + Sidney, Col. Algernon, and Lord Russell, ii. 9; + Howard's evidence as to, 26. + + Simpson, Holland, witness against Peters, i. 150. + + Sloane, Sir Hans, witness for Cowper, ii. 194, 195. + + Smith, Aaron, conspires with Lord Russell, ii. 10, 28, 29. + + ---- Abraham, watchman, witness against Hulet, i. 163, 164. + + ---- Jarrit, witness against Goodere; two visits of Sir John to, and + reconciliation of brothers at his house, ii. 237-246. + + Soam, John, witness against the Suffolk witches, i. 231 + + Somers, Lord John, ii. 61. + + Somerset, Duke of, and the Guiana expedition, i. 61. + + ---- ---- witness for Lord Russell, ii. 44. + + Spencer, Mr., witness for Lord Russell, ii. 46. + + Stanhope, Col., witness for Lord Warwick, ii. 117, 118. + + Starkey, witness against Peters, i. 146, 149. + + Stephen, Sir James, on Coke, i. 7; + on validity of Lord Russell's objection to the jury, ii. 7; + on benefit of clergy, 121, 122; + on indictments, 247. + + Stephens, Ellis (_see_ Cowper, Spencer, trial of, ii. 139-228); + leaves London and arrives at Hertford, 218; + conversation at Gurrey's house, 219; + journey to Hertford, 220; + summing up, 224-226; + verdict, 227. + + Stewart, Charles. _See_ Charles I. and Charles II. + + ---- Lady Arabella, i. 12; + accusations against Raleigh as to, 20; + Raleigh's denial, 25, 26, 29, 49, 57; + statement on behalf of, 46. + + Stout, Mrs., takes proceedings for an appeal against Turner, ii. 227, + 228. + + ---- Sarah. _See_ Cowper. + + Stringer, Justice's visit to Turner, i. 207. + + Stubbards, Col., and trial of Charles I., i. 150. + + Stukely, Vice-Admiral, i. 62-64, 70. + + Suffolk witches, i. 311-325. + _See_ Cullender, Rose; and Duny, Amy. + + Sully, Duke of, ambassador to James I., i. 3. + + + Tasker, Major Ralph, witness against Turner, i. 145, 146. + + Temple, James, regicide, i. 129. + + ---- Peter, regicide, i. 129. + + Tench, and Charles I.'s scaffold, i. 151. + + Thomlinson, Col., in charge of Charles I., i. 78. + + Tichburne, Robert, regicide, i. 124, 129. + + Tillotson, Dr., witness for Lord Russell, ii. 42, 43; + accompanies him to the scaffold, 54. + + Toogood, witness as to admissions by Hulet, i. 160. + + Treby, Lord Chief-Justice, opinion of, in Lord Warwick's case, ii. 125, + 126. + + Trenchard, the rising of, ii. 8, 11, 24. + + Trevor, Thomas Lord, prosecutes the Earl of Warwick when + Attorney-General, ii. 65; + speech of, 122. + + Tryon, witness against Turner, i. 181, 182, 187, 193. + + Turner, Sir Edward, i. 127; + opens the case against Hulet, 158. + + Turner, Ely, trial of, i. 169-208; + was to bring money to Fry's house, 184, 185; + examined by Sir T. Aleyn, 191; + acquitted, 203. + + ---- James, trial of, i. 169-208; + Aleyn's evidence, 170-180; + Turner suspected, 171; + found in possession of money, 172, 186; + account of money and jewels by, 173; + arrest by Aleyn, 174, 175; + his wife sent for money and jewels, 175; + wife's account of them, 176; + committed to Newgate, 177, 178; + his account of his money to Aleyn, 179; + Tryon's account of the burglary, 180-182; + Turner's account to Hill, 182, 183; + as to forging Tryon's will, 183, 184; + deposits money with Fry and Ball, 185, 186; + account given by, of robbery to Cole, 187; + examined by Chamberlain and Aleyn, 189, 190; + defence of, 194-200; + summing up and verdict, 202, 203; + confession by, 204; + dying speech and execution of, 205, 208. + + ---- John, trial of, i. 169-208; + flies from Sir T. Aleyn, 179, 180, 191; + carried money to Fry's house, 185, 192, 197, 201, 202; + acquitted, 202. + + ---- Mary, trial of, i. 169-208; + sent for jewels and money by Turner, 175, 176, 199; + visit to Fry's house, 186, 197; + produced money and jewels, 188; + examined by Chamberlain, 190; + acquitted, 203. + + Turner, Stephen, witness against Lord Warwick, Coote's servant, ii. + 107; + Coote friendly with Warwick, 108. + + ---- William, trial of, i. 169-208; + arrest and examination of, 192; + identified by Tryon, 193; + denial by, 201; + acquittal and confession of, 203, 204. + + + Vanden Anchor, witness against Turner, i. 188. + + Villiers and the Guiana Expedition, i. 61. + + + Wade, Sir Thomas, i. 11. + + Wait, Thomas, and Raleigh's trial, i. 129. + + Walcot, connection with Lord Shaftesbury and Lord Howard, ii. 15, + 20-26. + + Walker, Sir Clement, on omissions in Charles I.'s trial, i. 93 _n._ + + ---- Sarah, witness against Cowper, his arrival and conduct at Mrs. + Stout's, ii. 146-152; + evidence contradicted, 216, 217. + + Wall, witness for Cowper, ii. 193. + + Waller, Sir Hardress, i. 129. + + Ward defends Lord Russell, ii. 7; + opinion of, in Lord Warwick's case when Lord Chief-Baron, 166. + + Warwick and Holland, Earl of, trial of, ii. 59-135; + preliminaries, 59-64; + opening speech, 65-68; + guests leave Locket's, 70-72; + course of quarrel between Coote and French, 75-79; + the journey to Leicester Fields and the Bagnio, 82-92; + arrival and proceedings at the Bagnio, 96-101; + Warwick's defence as to the facts, 109-112; + friendship between Warwick and Coote, 107, 113-119; + capacity of French to give evidence, benefit of clergy, 200-226; + verdict, 128, 129; + sentence, 129. + + Watcher, witness against Turner, i. 192. + + Watson, and the 'Bye' plot, i. 4, 16, 17, 35, 40. + + Weller, Daniel, witness against Goodere, ship's carpenter, i. 272-274. + + Westmoreland, i. 28. + + Whichcot, Sir Jeremy, witness against Peters, i. 150. + + Whiteman, Colonel, witness for Lord Warwick, ii. 119. + + Williams, Thomas, witness against Goodere, capture of Sir John, ii. + 255-259. + + Wilson, Sir Thomas, i. 64. + + Windham, Wadham, i. 127. + + Winwood and the Guiana Expedition, i. 61. + + Witches, Suffolk, the. _See_ Cullender, Rose; and Duny, Amy. + + Woodhouse, Dr., witness against Cowper, ii. 65. + + Wotton, Lord, of Morley, i. 10. + + Wright, Sir Nathan, prosecutes the Earl of Warwick when a serjeant, ii. + 64; + speech of, 104. + + Wroth, Sir Robert, i. 44. + + + Young, Sir Edward, opens Peters' case, i. 141. + + ---- Dr. William, witness against Peters, i. 141, 143, 145; + Peters' reply to, 143, 145. + + ---- witness for Cowper, finder of Sarah Stout's body, ii. 190-192. + + + + + Printed by T. and A. CONSTABLE, Printers to Her Majesty + at the Edinburgh University Press + + + + +TRANSCRIBERS' NOTES + + +Page 26: Algernone as in the original + +Page 36: Abermarle as in the original + +Page 53: beleive corrected to believe after "Whether upon this whole + matter you do" + +Page 61: paragraph ending "their faces towards the state;" as in the + original + +Page 101: 20th as in the original. Should perhaps be 30th. + +Page 310: Fergusson standardised to Ferguson, as in the text + +Page 313: inconsistent spelling of Nelthorp(e) as in original + +Page 319: find- changed to finder in entry for Young, witness for Cowper + +Footnote 12: Algernon Sidney. Year corrected from 1783 to 1683 in + "executed on 7th December 1783" + +Footnote 14: Rumsey. Year corrected from 1785 to 1685 in "executed in + 1785." Year corrected from 1783 to 1683 in "before, in 1783," + +Footnote 25: "became a a fellow" corrected to "became a fellow" + +General : The following have been inconsistently hyphenated in the + original: ale(-)house, church(-)yard, cock(-)pit, + half(-)penny, lime(-)kilns, no(-)body, over(-)board, + sweet(-)heart, three(-)score, twelve(-)month. These have not + been standardised. + +General : No attempt has been made to standardise or modernise spelling. + Corrections to punctuation have not been individually noted. + +Index : Volume numbers omitted in the original have been added for + Cowper, William; Howard, Thomas; Howard, Henry; Northampton, + Lord; Suffolk Witches + + + + + +End of the Project Gutenberg EBook of State Trials Vol. 2 (of 2), by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK STATE TRIALS VOL. 2 (OF 2) *** + +***** This file should be named 38088.txt or 38088.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/8/0/8/38088/ + +Produced by David Garcia, Delphine Lettau, Brownfox and +the Online Distributed Proofreading Team at +http://www.pgdp.net (This file was produced from images +generously made available by The Internet Archive) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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