THE CASE OF A MVRCHER IN Hertfordshire. Found amongst the Papers of that Eminent Lawyer, Sir John Maynard, late one of the Lords Commissioners of the Great Seal of ENGLAND. THE Case, or rather History of a Case, that happened in the County of Hertford, I thought good to report here, tho' it happened in the Fourth Year of King Charles the First, that the memory of it may not be lost, by Miscarriage of my Papers, or otherwise. I wrote the Evidence that was given, which I, and many others did hear, and I wrote it exactly according to what was deposed at the trial, at the Bar of the Kings-bench, viz. Johan Norkott, Wife of Arthur Norkott being murdered, the Question was, How she came by her Death? The Coroner's Inquest on view of the Body and Depositions of Mary Norkott, John Okeman, and Agnes his Wife, inclined to find Johan Norkott fellow de se: for they informed the Coroner and Jury that she was found Dead in her Bed, the knife sticking in the floor, and her Throat Cut. That the Night before she went to Bed with her Child. plaintiff. In this appeal, her Husband being absent, and that no other Person after such time as she was gone to Bed, came into the House, the Examinants lying in the outer Room, and they must needs have seen or known, if any Stranger had come in;— Whereupon the Jury gave up to the Coroner their Verdict, that she was fellow de se; but afterwards upon rumour among the Neighbourhood, and their Observation of divers Circumstances, which manifested, that she did not, nor according to those circumstances could possibly murder her self; thereupon the Jury, whose Verdict was not yet drawn into form by the Coroner, desired the Coroner that the Body which was butted might be taken up out of the Grave, which the Coroner assented to, and 30 days after her Death, she was taken up in the presence of the Jury and a great Number of the People; whereupon the Jury changed their Verdict; the Persons being tried at Hertford Assizes were acquitted. But so much against the Evidence, that Judge Harvey let fall his opinion, that it were better an appeal were brought, than so foul a murder escape unpunished; and Pascha 4. Car. They were tried on the appeal, which was brought by the Young Child against his Father, Grandmother and Aunt, and her Husband Okeman; and because the Evidence was so strange, I took exact, and particular Notice, and it was as follows, viz. After the matters above mentioned related, an Ancient and Grave Person, Minister to the Parish where the Fact was committed( being Sworn to give Evidence according to Custom) deposed, that the Body being taken up out of the Grave 30 days after the parties Death, and lying on the Grass, and the four Defendants pressed, they were required each of them to touch the dead Body; Okeman's Wife fell upon her knees and prayed God to show token of her Innocency, or to some such purpose: her very words I have forgot. The Appellees did touch the Dead Body, whereupon the Brow of the Dead, which was before a Livid and Carrion Colour,( that was the Verbal expression in Terminis of the Witness,) began to have a due, or gentle Sweat arise on it, which increased by degrees, till the Sweat ran down in drops on the Face, the Brow turned and changed to a lively and Fresh Colour, and the Dead opened one of her Eyes, and shut it again; and this opening the Eye was done three several times; she likewise thrust out the Ring or Marriage Finger 3 times, and pulled it in again, and the Finger dropped Blood from it on the Grass. Sir Nich. hid, Chief Justice, seeming to doubt the Evidence, asked the Witness, Who saw this besides you? Witness. I cannot Swear what others saw, but My Lord( said he) I do believe the whole Company saw it; and if it had been thought a doubt, proof would have been made of it, and many would have attested with me. Then the Witness observing some Admiration in the Auditors, he spake farther, My Lord, I am Minister of the Parish, and have long known all the Parties, but never had any occasion of displeasure against any of them, nor had to do with them, or they with me but as I was Minister. The thing was wonderful to me, but I have no Interest in the matter, but as called upon to testify the truth, and that I have done. This Witness was a very Reverend Person, as I guessed was about 70 Years of Age: his Testimony was delivered Gravely, and Temperately, but to the great Admiration of the Auditory; whereupon applying himself to the Chief Justice, he said, My Lord, my Brother here present, is Minister of the next Parish adjacent, and I am assured saw all done that I have affirmed; therefore that Person was also Sworn to give Evidence, and did depose in every point, viz. The sweeting of the Brow, the change of its colour, opening of the Eve, and the thrice motion of the Finger, and drawing it in again; only the first Witness added, that he himself dipped his Finger in the Blood which came from the dead Body to examine it, and he swore he believed it was Blood: I conferred afterwards with Sir edmond powel, Barrister at Law, and others, who all concurred in the observation; and for myself, if I were upon my Oath, can depose that these Depositions, especially the first Witness, are truly reported in Substance. The other Evidence was given against the Prisoners, viz. The Grandmother of the plaintiff, and against Okeman and his Wife, that they confessed they lay in the next Room to the dead Person that Night, and that none came into the House till they found her dead the next Morning. Therefore if she did not murder her self, they must be the Murtherers: To that end further Proof was made. First, that she lay in a composed manner in her Bed, the Bed-Clothes nothing at all disturbed, and her Child by her in Bed. Secondly, Her Throat cut from Ear to Ear, and her Neck broken; and if she first cut her Throat, she could not break her Neck in the Bed, nor Contra. Thirdly, There was no Blood in the Bed, saving there was a Tincture of Blood on the Bolster, whereon her Head lay; but no Substance of Blood at all. Fourthly, From the Beds-head there was a stream of Blood on the Floor which run along till it Ponded in the bendings of the Floor to a very great quantity; and there was also another stream of Blood on the Floor at the Beds feet, which Ponded also on the Floor to another great quantity, but no continuance or communication of Blood of either of these two places, from one to the other, neither upon the Bed; so that she bled in two places severally; and it was deposed, turning up the mat of the Bed, there was Clotts of conjealed Blood in the straw of the mat underneath. Fifthly, The bloody knife was found in the morning, sticking in the Floor, a good distance from the Bed, but the Point of the knife as it stuck was towards the Bed, and the Haft from the Bed. Lastly, There was a print of a Thumb and four Fingers of a left hand. Sir Nich. hid Chief Justice said to the Witness, How can you know the print of a Left hand from the print of a Right hand in such a case? Witness, My Lord it is hard to describe; but if it please that Honourable Judge to put his left-hand upon your left-hand you cannot possibly place your right-hand in the same posture; which being done, and appearing so, the Defendants had time to make their defence, but gave no Evidence to any purpose. The Jury departed from the Bar, and returning acquitted Okeman, and found the other three Guilty, who being severally demanded what they could say, why judgement should not be pronounced, said nothing, but each of them said, I did not do it, I did not do it. judgement was given, and the Grandmother, and the Husband Executed; but the Aunt had the privilege to be spared Execution, being with Child. I enquired if they confessed any thing at their Execution, but did not as I was told. London, Printed in the Year, 1699.