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STATE TRIALS

First impression, March 1899
Second impression, September 18

All rights resetted

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STATE TRIALS
POLITICAL AND SOCIAL
SELECTED AND EDITED
By H. L. STEPHEN
IN TWO VOLUMES
VOL. II

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

VOL, IL

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 StaiTord 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 po"wer 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

4 STATE TRLVLS
the Court was further diminished in l683 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 con
trived 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,^ the Lord Chief-
1 Sir Francis Pemberton was bom 1625, entered Emmanuel
College 1640, entered the Inner Temple 1645, was called 1654,
waa made a bencher 1671, a serjeant 1675, and was imprisoned
by the House of Commons for an aUeged breach of pri"vilege
in the same year. He waa 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 aUow Sir Edmund Satmders, who had advised in the
proceedings against the City of London, to act as judge iu the
case. He was dismissed fiom 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

LORD RUSSELL g
Baron, Mr. William Montague, and nine other
judges. There appeared for the prosecution
the Attorney-General, Sir Robert Sawyer,i the
Solicitor-General, Mr. Finch,^ Serjeant Jeffreys,^
Mr. North.*

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 Uved to advise
the Earl of Bedford whether Lord Russell's attainder would
prevent his son succeeding to the earldom.
' Sir Robert Sa"wyer was bom in 1633, entered Magdalene
CoUege, Cambridge, in 1648, where he was ohamber-feUow
with Pepys, joined the Inner Temple and went the Oxford
circuit. He waa elected to the Houae of Commons for Chip
ping 'Wycombe iu 1673, and assisted in drafting the Exclusion
BUl. He appeared for the Cro"svn in most of the State Trials
of this period. He afterwards led in the defence of the
Seven Bishops, took part in the Convention ParUament, and
was expeUed 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.
* Heneage Finch, first Earl of Aylesford, was born about
1647: he was educated at 'Westminster and Christ Church.
He entered the Inner Temple, became SoUcitor-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 aU ParUaments from the
Convention ParUament (1689) tiU 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.
3 See vol. i. p. 240.
< Francis North, Lord Guilford (1637-1685), the third son
of the fourth Lord North, was educated at various Presbyterian
schools and St. John's CoUege, Cambridge. He was caUed
to the bar in 1661, and with the help of the Attorney-General,

6 STATE TRIALS
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 PoUexfen,^ Holt,* and
Sir Geoffrey Palmer, soon acquired a large practice. After
holding various provmcial posts, he became SoUcitor-General in
1671. He entered ParUament in 1673, and became Attorney-
General the sarae year, becoming Chief -Justice of the Common
Pleas in 1675. He always strongly supported Charles n.'s
government, temporising during the Popish Plot, and being
chiefly responsible for the execution of CoUedge. 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 Commou Pleas. He is now chiefly remembered
on acoount of the very diverting and interesting life of him
"written by his brother Roger.
1 PoUexfen. See Note in Alice Lisle's trial, vol. i. p. 241.
2 Sb Johu Holt (1642-1710) -was caUed to the bar in 1663.
He appeared for Danby on his impeachment in 1679, and was
assigned to be counsel for Lords 'Powya and AruudeU of
Wardour, "who were impeached for participation in the Popish
Plot in 1680, but against whom the proceedings were stopped

LORD RUSSELL 7
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,^ the objection was
overruled, and a jury was sworn without any
challenges being made.
NoHk 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,* Sir Thomas
after Stafford's conviction. He appeared for the Crown in
several trials preceding that of Lord RusseU, and having
expressed an opimon in favovu: of the Quo 'Warranto proceed
ings against the City of London was appointed Recorder,
knighted, and caUed as a serjeant iu 1685. He was deprived
of the recordership after a year on refusing to paas aentence
of death on a deserter, a poiot which owed its importance to
Charles 11. '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 caUed after the flight of James n., 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.
1 This decision and unspecified 'partial and unjust con
structions of law' were the professed ground ou which
RusseU's attainder was subsequently reversed : see post, p. 66.
Sir James Stephen (Hist. Grim. Law, vol. i. p. 412) expresses
an opinion that the law upon the subject at the time was
' utterly uncertain.'
2 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

8 STATE TRIALS
Armstrong, and one Ferguson, were plotting
a rising in conjunction with the Earl of Shaftes-
buiy. The Earl was anxious that the oppor
tunity of the celebration of Queen Elizabeth's
birthday on the ipth of November should be
used for the purpose. The conspirators objected
to this on the ground that Trenehard, 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,^ Lord Essex,*
Berkeley, in 1682, and consequently took no part in RusseU's
plot. He was arrested in connection with the Rye House
Plot, but esoaped to Holland, whence he returned to take
part in Monmouth's rising. He was captured after Sedge
moor, but his Ufe was spared ou his being heavily fined and
compeUed to give evidence against his friends. He left Eng
land, but returned with WiUiam m., during whose reign he
fiUed several offices. He was created Earl of Tankerville in
1695, and died In 1701.
1 Lord Howard, the third Lord Howard ot Bacrick, was bom
about 1626. He entered Corpus CoUege, Cambridge. He
served in CromweU's Life-guards. As a sectary he seems
to have favoured the Restoration. He was committed to
the Tower for secret correspondence "with Holland iu 1674.
After succeeding to the peerage he furthered the trial of his
kinsman Stafford. After giving evidence iu this trial (see
p. 15), he gave similar evidence against Algernon Sidney,
was pardoned, and died in obscurity at York in 1694.
2 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 Restora
tion. Though opposed to the Court party by incUnation, he

LORD RUSSELL 9
Colonel Algernon Sidney,^ and Mr. Hamp-

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
faU was placed at the head of the Treasury Commission,
and thereafter foUowed Halifax and Sunderland in looking
to the Prince of Orange for ultimate assistance rather than
Shafteabm:y, who favoitted the Duke of Monmouth. He
left the Treasury in 1679, supported Shaftesbury in 1680 on
the Exclusion BiU, 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 com
mitted suicide in the Tower ou the day of his trial (aee
p. 16).
> 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 rebeUion 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
oue 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 hostiUty to Cromwell. He remained
abroad after the Restoration, though uot excepted from the
Act of Indemnity, and lived a philosophic Ufe 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 quarreUed with Shaftes
bury, who denounced him as a French pensioner (whioh 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
1783.

10 STATE TRIALS
den,i being taken in. Frequent consultations
were held at RusseU's house, and Aaron Smith
was despatched to Scotland to arrange a rising
on the part of the malcontents there.
Rumsey * was called, and being sworn deposed
1 John Hampden (1656-1696) was the second son of Richard
HamjMJen. After traveUing 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 waa tried again
for high treason. As Lord Grey was produced as a second
witness against him, Lord Howard, who had testified before,
beiug the first, he pleaded guilty, impUcating RusseU and
others by his confession. He was pardoned, aud lived to sit
in Parliament after the Revolution ; but falling into obscurity
failed to be elected for his native county in 1696, and com
mitted suicide.
2 Rumsey had been an officer in CromweU'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 o"wn
account, he waa to kiU 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 weU as in the preaent 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 oue Goodenough
accused of participation in RusseU's plot, and who was tried
and executed in 1785. He had offered to give evidence
against Cornish before, in 1783, but the second "witness neces
sary to prove treason was not then forthcoming. The un
satisfactory nature of Rumsey's evidence led to Cornish's pro
perty 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.

LORD RUSSELL ii
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 Trenehard 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.
Attornev-Genebal — 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 resolu
tion 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 wliether he had it
from him or Mr. Ferguson.
There was some discourse begun by Arm-

12 STATB TRIALS
strong as to the posture of the guards at the
Savoy and at the Mews. Monmouth, Grey, and
Armstrong, in RusseU's presence, undertook to
see the guards,
with what care and vigilance they did g^uard them
selves 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 under
taking of raising an army.
Lord Chiep-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

LORD RUSSELL 13
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 RusseU, 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; Mon
mouth, 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 dis
course, for I went several times down to fetch wine,
and sugar, and nutmeg, and I do not know what was
said in my absence.

14 STATE TRIALS
He remembered that a paper was read ' some
what 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 recoUect himself.
Sheppard — Indeed my lord I can't be positive in
the times. My lord I am sure was at one meeting.
Lord Chibp-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 wit
nesses 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). Fray wiU your lordship give an

LORD RUSSELL 15
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 con
fusion. 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
weU 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 disposi
tions made to the same thing. Upon this occasion
among others, I was acquainted with captain Walcot,'
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 appli
cations 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

^ 'Walcot was an Irish gentleman who had been in Crom
well's army. He frequented 'West's chambers, where he met
West and Rumsey, who were the principal witnesses against
hira. Rumsey's story was that though 'Walcot objected to
killing the King, he promised to attack the guards. He was
tried and con"victed earUer ou the same day.

i6 STATE TRIALS
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 hut 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 aud
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, aud 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

LORD RUSSELL 17
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 con
dition ; 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 withdra"wing himself from his own house into that
retirement. 'That now he had ripened affairs to that
VOL. IL B

i8 STATE TRIALS
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 over
flow. 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
countiy, 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 execu
tion. 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 iu 24 hours would be multiplied into
five times the number, and be able to make a sally
out, and possess themselves of WhitehaU, by beating
the guards. I told him this was a fair story, and I
had reason to think a man of his figure wpuld not

LORD RUSSELL 19
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, 1 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 RusseU, 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 wiUing 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

20 STATE TRIALS
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 Mon
mouth Uved : 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 1
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 coaUtion
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

LORD RUSSELL 21
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 1600
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 re
spective 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

32 STATE TRIALS
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 prevaU
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 wiU 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 RusseU ;
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 him
self to be iu 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

LORD RUSSELL 23
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 RusseU was, having been con
veyed 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 thei*e 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

24 STATE TRIALS
to Mr. Trenehard, who was to take particular care
of Somersetshire, with this circumstance ; Says he, I
thought Mr. Trenehard 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 1 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.
ATTOBNEY-GeNERAL — If you plcase, my lord, go on
in the method of time. This is nothing against you,
but it's coming to you, if your lordship wiU 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 l7th 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.' Thereupon I told the duke of it;
I met him in the street and went out of my own
' The foUowing passages seem to give a true account of the
measure of the complicity of Russell and hia friends with the
Rye House Plot.

LORD RUSSELL 25
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 wUl 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, tiU 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 pro
clamation 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 l7th 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

26 STATE TRIALS
no more of him tiU 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 par
ticulars, 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 RusseU,
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 con
ducted by individual persons. The things that did
principally chaUenge this care, we thought were
these: Whether the insurrection was most proper

LORD RUSSELL 27
to be begun in London, or iu 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, weU-methodized and
governed force, with a rabble hastUy 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 with
drawing troops, or else give the insurgents time
to gather head. Other questions discussed were
what counties and towns were the fittest for
action, what arms were necessary, how the
£20,000 or £30,000 which the Duke of Monmouth
considered necessary for the rising were to be
raised ; lastly and chiefly how to ' order it, as to
draw Scotland into a consent with us.' Another
meeting was held ten days afterwards at Lord
RusseU'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

28 STATE TRIALS
were judged most able to understand the state
of Scotland, and give an account of it. Aaron
Smith 1 was accordingly sent to Sir John
Cochram,* Lord Melvile,^ and Sir  CampbeU,
and received sixty guineas from Algernon Sidney
for his expenses. It was agreed that the con
spirators 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;

' 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 CoUedge, and sentenced to
fine and imprisonment. He managed to escape, however,
before sentence was pronounced, and was arrested in connec
tion 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 soUcitor to the Treasury ; but
faiUng to give a good account of various prosecutions which
he set on foot, he was dismissed in 1697.
2 Sir John Cochram or Cochrane was the second son of
'WiUiam Cochrane, created Earl of Dundonald in 1689. He
escaped to HoUand at the time of RusseU's trial, took part in
Argyle's insurrection in 1685, tumed approver, and farmed the
poll tax after the Revolution, but was imprisoned in 1695 on
failing to produce proper accounts.
3 George Melville was the fourth baron and the first Earl of
MelviUe. He supported the RoyaUst cause in Scotland, and
tried to induce a settlement with the Covenanters before the
battle of Bothwell Bridge. He esoaped from England after
the discovery pf the Rye House Plot, and appeared at the
Court of the Prince of Orange. After the Revolution he held
high offices in Scotland tiU the accession of Aune, when he
was dismissed. He died in 1707.

LORD RUSSELL 29
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 coUected 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

30 STATE TRIALS
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 ques
tions. 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
concemed 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, njy 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

31

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 aU agree, not to do anything further in it,
tiU you had considered how to raise money and arms :
and to engage the kingdom of Scotland in this busi
ness with you, that it was agreed among you that a
messenger should be sent into the kingdom of Scot
land. Thus far he goes upon his own knowledge,
as he saith ; what he says after, of sending a mes
senger, 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 — WUl you ask him any ques
tions ?
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.
Atterhury was called, and swore that Sir

32 STATE TRIALS
Hugh Carapbell 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 ' was then called and swom.
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 RusseU, 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. Trenehard had
failed them.
Lord Chief-Justice — ^\VTiat 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

I 'West was a barrister at whose chambers in the Temple
Rumsey, Ferguson, and other plotters used to meet, and it
was aUeged that the Rye House Plot was proposed : said by
Bumet to have been 'a "witty and active man, full of talk,
and beUeved to be a determined (Atheist.*

LORD RUSSELL 33
the gentlemen of the jury, and inflame them against
me, is hard.
Lord Chief-Justice — As to this, the giving evi
dence 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 eiridence without it, and wiU not
use anything of garniture ; we wUl 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, dwelUng
particularly on the traitorous character of Rum
sey's message, RusseU's privity to Trenchard's
rising, the alleged written declaration, and the
consultations as to the best method of effecting
a rising, and finally caUed 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 aU 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
VOL. II. C

34 STATE TRIALS
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 wUl 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 ot
levying war is no treason, unless by some overt-act
it appear.' 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 in. ;
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
1 As to what is treason imder 25 Edward ui., see post,
p. 36. Under 13 Car. n. c. 1 it is treason, inter alia, to
devise the deposition of the King ; but the prosecution must
be within aix months of the commiasion of the offence.

LORD RUSSELL 35
against the King, these have been settled by
several resolutions to be within that Statute,
and evidences of a design to kill the King.' 1
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 to
gether; 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 Jeflfreys 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

' 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 continned till it culminated in the
theory of 'constructive treason,' according to whioh it was
laid dovm in 1794 that a man who intended to depose the
King compassed and imagined his death. The matter was
eventuaUy 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 Crimimd Lcm, vol. ii.
pp. 243-283.

36 STATE TRIALS
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 a^in. 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. IIL 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 tbem aid and comfort in

LORD RUSSELL 37
the realm, or elsewhere, and thereof be prov
able 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
recoUect 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 stand
ing 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 Mon
mouth and my lord Russell went away together ; and
my lord Grey, and sir Thomas Armstrong.

38 STATE TRIALS
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 wUl 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 RusseU, 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 conceming the affliction of his
son, I went to give him a visit, being my old acquaint
ance, of some 63 years' standing, I believe; for my lord
and I were bred together at Maudlin CoUege 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 lord
ship. 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.

LORD RUSSELL 39
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 tha
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 describ

40 STATE TRIALS
ing steps he took to prevail on Lord Howard to
come over to the King's side, when ' I sometimes
found my lord very forward and sometimes
softened him ' ; and continuing —
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 famUy, 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 0"wn 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 unwiUing to go to the Tower for

LORD RUSSELL 41
nothing again ;* 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.*

' He had been t"wice sent to the Tower ; once in 1674 in con
sequence of the discovery of a secret correspondence with
HoUand ; once in 1681 on a false charge by Edward Fitzharris
of writing the True Englishman, a pamphlet advocating the
deposition of Charles n. 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 uo doubt the second of these occasions that is referred to.
' Bumet had at this time retired into private life, having
lost the Court favour which he had gained at an earUer
period. He had been an intimate friend of Stafford, and was
living on terms of the closest intimacy with Essex and RusseU
at the time of their arrest. After RusseU's execution he left
the country, and eventuaUy found his way to the Hague just
before the Revolution, where he performed services for 'WiUiam
and Mary requiring the utmost degree of confidence. He
landed at Torbay "with "WUliam, soon became Bishop of
SaUsbury, and until the end of "William's life remained one of
his most trusted counciUors. He retained a position of great
influence under Anne, aud died in 1715. In relation to his
evidence iu this case, it is interesting to read in his history
that RusseU was privy to a plot for promoting a rebeUion in
the country and for bringing in the Scotch. He says further :
* Lord RusseU 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 RusseU 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 teU the whole truth, he could
not speak against that which he knew to be true, though in

42 STATE TRIALS
Lord Russell — Pray, Dr. Burnet, did you hear
anjrthing 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 caU 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 Uke 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
Uttle 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 RusseU 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.*

some particulars it had been carried beyond the truth.' See
too post, p. 55.
' John Tillotson (1630-1694) was the son of a weaver of
Sowerby. He entered Clare HaU in 1647, and became a
a feUow of the same coUege in 1651. He received an early

LORD RUSSELL 43
Lord Chief-Justice — What questions would you
ask him, my lord ?
Lord Russell — He and I happened to be very con
versant. 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 aU 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
bias against Pnritomsm from ChUlingworth's Religion of
ProtettarUs, and his intercourse "with Cudworth and othera
at Cambridge. He became tutor to the son of Prideaux,
CromweU's Attomey-Greneral in 1656 ; he was present at the
Savoy Conference in 1661, and remained identified with the
Puritans tiU 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
aa 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 CathoUcs should be tolerated, they ahould
not be aUowed to proaelytise. He attended RnsseU on the
scaffold, and with Bnmet was stunmoned before the Council
on a suspicion of having helped to compose RusseU's pubUshed
speech. He acquired great influence after the Bevolution ;
and having exercised the archiepiscopal jmisdiction of the
province of Canterbury diuing Sancrof t's suspension, became
himself archbishop in 1691.

44 STATE TRIALS
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 deter
mined against that matter that I think no man could
do more.
Dr. Thonias 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
RusseU's honour, loyalty, and justice.
Foreman op 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

LORD RUSSELL 45
words my lord Anglesey has given an account of, as
near as I can remember, that I looked upon his lord
ship 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 unwUlingness 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 RusseU, 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 beUeved now ; but I will teU you as to that ; your
lordship knows that every man that was committed,
was committed for a design of murdering the king ;

46 STATE TRIALS
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 char
acter 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. Filz-Williams then all gave evidence as to
Lord RusseU'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 shaU 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 govem
ment in the world. I pray as sincerely for the king's
happy and long Ufe as any man alive ; and for me to
go about to raise a rebeUion, 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 rebelUon 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

LORD RUSSELL 47
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 wUl 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 aU. 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 rebeUion
here. Rumsey was sent by Shaftesbury to
Sheppard's house to ask for news of Trenchard's
rising at Taunton; the message was deUvered
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 sur
prise 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 Mon
mouth ; 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

48 STATB TRIALS
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 Shaftes
bury) he would not engage at that time.' This,
says the Solicitor-General, is confirmed by Rum
sey'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, lead
ing 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 appoint
ment. 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

LORD RUSSELL 49
to levy war, which is not treason within
25 Edw. III., and though it is treason within
13 Car. IL, 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.^ 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 *

1 Henry Brooke, the eighth Lord Cobham, after losiug
Court favour on the death of Elizabeth, was accused in 1603
of plotting "with Axemberg, the Spanish ambassador, to place
Arabella Stuart on the throne, and to MU the King. His
evidence contributed largely to the conviction of Sir Walter
Raleigh of the same treason, and he waa tried and convicted
the next day. He waa kept in priaon tiU 1617, when he was
aUowed to go to Bath on condition that he retumed to prison ;
but he was struck by paralysis on his way back and died in
1619. See voL i. pp. 19-57.
2 OUver Plunket (1629-1681) was Roman CathoUc 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 CathoUcs in England drew attention to their
presence in Ireland, He was arrested on a charge of com-
voL, II. n

so STATE TRIALS
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, tUl he had
consented to such things as should be moved in
ParUament, it is equaUy treason as if they had agreed
directly to assassinate him.
Lord Howard, it is true, testified repeatedly
to Lord RusseU'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
pUcity with the Popish Plot in 1678, and eventuaUy tried in
the King's Bench for treason in 1681 by Su- Francis Pember
ton, when the law waa laid do"wn as stated above. He was
convicted, hung, beheaded and quartered,

LORD RUSSELL 51
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 wiU 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. Tbere is first of aU CoL Rumsey,
he does attest a meetiug at Mr. Sheppard's house, aud
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 retum to my lord Shaftesbury was, that Mr.
Trenehard 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. ^ 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 aU in order to a rising. He says, that at this
my lord RusseU 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

1 Rumsey says the 19th, Howard the 17th. The 17th was
the anniversary of the Queen's accesaion.

52 STATE TRIALS
says there was some discourse of a rising or insurrec
tion 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 Shaftes
bury. This he does by way of inducement to what
he says concerning my lord RusseU.
The evidence against him is some consults that
there were by six of them, who took upon them, as
he says, to be a councU 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 RusseU's house. And he teUs 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 bythe 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 excep
tion against a man's being an e"vidence in the case of
treason, that he himself was concerned in it ; they are
the most proper persons to be evidence, none being

LORD RUSSELL 53
able to detect such counsels but them. You have
heard my lord RusseU's witnesses that he hath brought
concerning them, and conceming his own integrity
and course of life, how it has been sober and civU,
with a great respect to religion, as these gentlemen
do all testify. Now the question before you will be,
¦yVTiether upon this whole matter you do beleive my
lord Russell had any design upon the king's Ufe, to
destroy the king, or take away his Ufe, 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 rebeUion
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 RusseU 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,* against the con
spirators 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 con
triving 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

1 Thomaa 'Walcot and "WiUiam Hone, tried for and con
victed of participation in the Rye Houae Plot.

54 STATE TRIALS
death of the king and in order to that, to have had
these consults, that these witnesses speak of, theu
you must find him guilty of this treason that is laid
to his charge.
Then the Court adjourned tiU four o'clock in the
afternoon, when the Jury brought the said Lord
RusseU in guilty of the said High Treason.
On July 14th Lord Russell was brought up
before the Recorder for sentence, and, demand
ing 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 Slst 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 deny
ing 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

LORD RUSSELL 55
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 pro
tested 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 caU 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 judg
ment, which I did sufliciently 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 iU 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 Ufe at such a rate. ... I
know I said but little at the trial, and I suppose it
looks more like innocence than guUt. I was also
advised not to confess matter of fact plainly, since
that must certainly have brought me within the

56 STATE TRIALS
guUt of misprision.' 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 RusseU'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 free
hold were refused, and that he was convicted
'by partial and unjust constructions ofthe law.'

1 See ante, p. 42.

THE EARL OF WARWICK

VOL. II.

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 haU, for the trials of Edward,
earl of Warwick and HoUand, and Charles lord
Mohun,* in the manner foUowing. The lord high

> 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 oat of his lodgings, where he waa
confined in conaequence of a quarrel over dice, for the purpose,
with the assistance of the Earl of "Warwick of the preaent
case, the grandson of the Lord Holland of the Civil "War.
Thia encounter ended in both combatants being disarmed.
Two days later he abetted in the mm-der of Mountfort, an
actor. One Captain HiU 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 equaUy eminent actor. Accordingly Hill and Mohun
formed a plan (estimated to cost £50 in all) to carry off the
lady as she came out of the theatre : and providing themselves
with a coaoh-and-six and a body of soldiers aet out on the
enterprise. They miaaed Mrs. Bracegirdle at the theatre, but
found her by chance coming out of a honse in Drury Lane
where she had supped. The attempt to carry her off in the
coach faUed, o"wing to the vigorous resistance made by her
friends. HUl and Mohun, however, were allowed to escort
her to her lodgings in Howard Street, where &ey saw her
safely home. Mountfort lived in Norfolk Street, at the

6o STATE TRIALS
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

bottom of Howard Street ; and aa he was passing down the
latter some two hours later, he waa accosted by Mohun in a more
or lesa friendly way ; but while they were talking together, he
waa attacked aud kUled by HiU, who did not give him time to
draw hia sword. Hill fled, but Mohun was tried by his peers
in Westminster Hall, January 1692-93. The trial excited
great interest partly o"wing to the youth of the prisoner, and
on a question being raised as to the degree of compUcity
necessary to constitute his gvult, he was acquitted. A report
of the trial "wiU be fonnd in Staie Trials, xii. 950. There
are alao some picturesque references to it in Chapter xix. of
Macaula/s Historp. 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,
whicb was interrupted by the sentries. The same year he was
present at the death of Captain HUl, in the Rummer Tavern,
Tho present case occurred in 1698, and seems to have closed
his career as a rake. He was sent under Lord Maccleafield on
a miaaion to present the Electresa-Dowager Sophia with a copy
of the Act of Succeasion, and he frequently took part in
debatea in the Houae of Lords. After Lord Macclesfield's
death he became entangled in a long course of Utigation 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 MUed. 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.

THE EARL OF WARWICK 6i
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 chanceUor, 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 com
mand 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' asked the peers

> John Lord Somers (1651-1716) was bom at "Whiteladies,

62 STATE TRIALS
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

near 'Worcester, educated at Trinity CoUege, Oxford, and
called in 1676, He appeared aa junior counael in the trial of
the Seven Bishops, at the instance of PoUexfen (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 Righta.
He became Solicitor-General in 1689, aud Attomey-Oeneral
in 1692, in which capacity it is curious to notice that he con
ducted the prosecution of Lord Mohun for the murder of
Mountfort (see ante, p. 60). He became "WUliam ui.'s first
Lord Keeper in 1692-3, and Lord ChanceUor in 1697. During
aU this time he waa one of William's most trusted advisera,
and was consulted by him on the most confidential questions
relating to foreign policy. He waa alao famiUar with the
leading literary and scientific men of hia time, being reapon-
aible for Addiaon'a penaion, and receiving the dedication of the
Taie of a T^ub from Swift, He alao conferred favoura on
Rymer and Madox, He reaigned the Great Seal in 1700
after a motion for hia perpetual exolusion from the presence
of the King had been defeated by a smaU 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 hostiUty of the country
partly by his opposition to the biU for the resumption of the
grants of forfeited Irish estates. He played a conspicuous
part in the reign of Queen Anne aa the head of the "Whig
junto formed at the beginning of that reign, but never
resumed ofSce.

THE EARL OF WARWICK 63
all persons there present should be uncovered,
was then made, and the retum 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 gentle
man 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

64 STATE TRIALS
your lordship's Uttle 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,! to the effect that the prisoner was
accused of murdering Richard Coote on the SOth
of October, by stabbing him, together with Lord
Mohun, Richard French, Roger James, and
George Dockwra.

1 Sir Nathan Wright (1653-1721), born of an Essex family,
was educated at Emmanuel CoUege, and was caUed 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 pro"viding a aucceaaor, and eventually the post of
Lord Chancellor waa offered to, and accepted by, "Wright, He
enjoyed no reputation, good or bad, aa a judge, except that
he was very alow, and generaUy considered unfit for the
place. After holding office for five yeara he was dismissed ou
the accession to power by the 'Whigs in 1705. Speaking of
hia appointment aa Lord ChanceUor, Lord CampbeU says,
'The occasional occurrence of such elevations seems wisely
contrived by Providence to humble the vanity of those who
succeed in public Ufe, and to aoften the mortification of thoae
who fail.'

THE EARL OF WARWICK 65
The Attorney-General^ 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

1 Thomas Lord Trevor (1659?-1730) was the aon of a
Secretary of State of Charles 11. He waa caUed in 1680,
became a bencher iu 1689, SoUcitor-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 Houae of Lorda, He waa 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 ia chiefly remembered for his proper conduct
of Crown prosecutions as Attorney-General after the Revolu
tion.

66 STATE TRIALS
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 SOth 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 teU 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 lord
ships ; 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 wUl 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,
Bt 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

THE EARL OF WARWICK 67
them heard my lord of Warwick calling for a chair
again, who came towards the raUs, 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 ; after
wards 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 hUt 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 aU 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

68 STATE TRIALS
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 wUl 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 tiiose lords and gentlemen were together,
and he wiU 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 advan
tage and theirs that the witnesses stand at the distance
they do ; which will oblige you to raise your voice so
loud, tbat they may hear the witnesses and you too.
Attorney-General — Is your name Samuel Caw
thorne ?
Cawthorne — Yes, my lord.

THE EARL OF WARWICK 69
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 wUl 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 whUe they were
there, and when they went away ?
Ca"wthorne — It was Saturday night, the 29th of
October last.
Attorney-General — Pray teU 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 ?
Ca"wthoenb— Yes, Mr. James,

70 STATE TRIALS
Attorney-General — 'What time was that ?
Cawthorne — About twelve of the clock.
Attorney-General — Did he stay with them tiU
they went away ?
Cawthorne — Yes.
Attorney-General— What did you observe pass iu
the company whUe they were there?
Cawthorne — ^I did not observe any thing of quarrel,
not so much as an angry word amongst them, tiU they
came down to the bar and were going away; when
they came down to the bar "they ordered me to caU
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 caUed 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 War
wick or my lord Mohun particularly, and which, say
whither they would be carried ?
Cawthorne — I did hear my lord Mohun say, captain

THE EARL OF WARWICK 71
Coote should go and lie with him, or he would go and
lie with capt. Coote that night, for there should be
no quarreUing.
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 upou
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, aud 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
reaUy 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,

72 STATE TRIALS
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 — 'VThen 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 retumed 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 tbis
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 op 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 op 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"?

THB EARL OF WARWICK 73
Cawthorne — Yes ; my lord of Warwick did bid the
chairmen go home.
Earl op 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, "Wliether 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 aU my life, but I always looked upon them
to be very good friends.
Earl op Warwick — I desire he may be asked.
Whether Mr. Coote did not come to that house in my
vol. il f

74 STATE TRIALS
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 m
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 op Warwick — My lord, I desire he may be
asked this question, whether he knows of any par
ticular kindness between Mr. Coote and me ?
Lord High Steward — Do you know of any par
ticular kindness between my lord Warwick and Mr.
Coote, the gentleman that was kiUed ?
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 generaUy when they were at my
master's house, which was every day almost.
Earl op 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 gener
ally to pay the reckoning for Mr. Coote, and he did
80 at this time.

THE EARL OF WARWICK 7^
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 op Warwick — Who were the two persons that
it was apprehended the quarrel was between? I desire
he may be asked.
Lord High Stbward — 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 retumed 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 op 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

76 STATE TRIALS
Earl op 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, aud 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 op 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 op 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 caUed for before I
came in to take it ; and though I think my lord of
Warwick paid for Mr, Coote, yet I cannot sq directly

THE EARL OF WARWICK 77
teU, 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, wUI you please to
propose it now ?
The Earl of Peterborough reminded the wit
ness 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 dra-wn ; 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 ;

78 STATE TRIALS
and when they aU 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 lord
ships 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.

THE EARL OF WARWICK 79
Attorney-General— Did he apply those words to
aU 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 caU 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
aU 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 en
deavouring to cross their swords, and keeping
them from fighting ; which was all he got from
it.' His hand was bloody ; but the witness did

8o STATE TRIALS
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 aU 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

THE EARL OF WARWICK 8i
lord : After my lord Mohun and my lord Warwick
were gone away m 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-Genehai. — 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 examina-

82 STATE TRIALS
tion did you recollect yourseli as to what you now
speak ?
Cawthorne — The next day after.
He had not mentioned the words he now said
were spoken by Dock"wra 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 Coute, the
person that was slain, upon the 29th or SOth 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 SOth 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

THE EARL OF WARWICK 83
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 aU
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
tiU 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 caUed
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 whUe 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, aud 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, aU 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

84 STATE TRIALS
took out three shiUings 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 caUing 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
deaths, 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 raUs,
and all we could do could not make him sit in the
chair, but the chair was broken with endeavouring to
place him there ; and they said if we would carry him
to a surgeon's, they would give us £100 security;

THE EARL OF WARWICK 8;
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 tUl next night eleven
a^lock; and that is aU 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 teU 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 op Normanby — He says he saw two persons
holding up Mr. Coote ; it would be very well to have
that matter very well settied, 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 weU,
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.

86 STATE TRIALS
Duke op Leeds — How could you distinguish in so
dark a night, the colours of people's cloaths ?
Browne — With the caudle 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, wiU your
lordship ask this witness any questions ?
Earl op Warwick — My lord, I desire he may be
asked. Whether I did not bid him stop at St.
Martin's-lane end, and do aU 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 tumed up the lane, asked Mr.
Coote, whither he was going? And when he said
to Leicester-fields, they desired him to let it alone
tUl 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 aU 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

THE EARL OF WARWICK 87
they discoursed some time together whUe they
stopped in St. Martin's-lane ; I desire that he may be
asked, WTiether 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 tUl another time.
Attorney-General — I desire he may explain him
self, what that business was that they would have put
off tiU 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, wUl you give my lords
here an account who you carried to Leicester-fields,
the 29th or SOth 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 :

88 STATE TRIALS
they desired him to put it off tiU 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 wheu we came there we saw
two gentiemen 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 teU
who they were ; and when there was an objection
made, that the chairs would be spoiled, they said we
need not question our chair, they would give us
£100 security to answer any damages, if we would
but carry him ; so we endeavoured to put him into

THE EARL OP WARWICK 89
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 woiUd not come
to us ; so the gentiemen 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 aU went away but
us two.
Attorney-General — What distance of time was
there between their setting down iu Leicester-fields,
and their caUing 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 teU.
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 foUow them, and threatened us
if we did not make greater haste.
Attorney - General — Do you know my lord of
Warwick ?
Cripfes — 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 op Warwick — My lord, I desire he may be
asked. Whether I did not bid him stop? and,
VOL. II. <*

90 STATE TRIALS
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 raUs 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 Uttle for my lord Mohun.
Attorney-General — Now we caU the chairman
that carried the earl of Warwick into Leicester-fields,
James Crattle. (He was sworn.)
Attorney-General — WiU you tell my lords what
you know of any person that you carried the 29th or
SOth 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 SOth 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 — ^WTiat 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.

THE EARL OF WARWICK gi
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 aU 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 Uttie time we heard the
noise of caUing chairs ! chairs ! again, and there were
two chairs did come up, Thomas Browne's and ours ;
my lord of Warwick caUed 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 ifwe 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 aU
the company.

92 STATE TRIALS
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 iu his hand
at that time ?
Crattle — No ; I cannot say I did take any notice
of any sword, ouly that there was a handkerchief
desired. Attorney-General — Pray, did you hear no noise
at aU iu the field, tiU you heard chairs caUed 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 aU of it ; but
upon the caUing of chairs again, and my lord War
wick 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, wiU you
ask this witness any questions ?
Earl op 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

THE EARL OF WARWICK 93
Fields, and corroborated the account of the
joumey thither given by the other witnesses.
Attorney-General— What then happened after
wards, can you teU ?
Applegate — I cannot teU whether I had Ughted
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 1 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 War
wick 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.

94 STATE TRIALS
Attorney-General — If you first spoke with my
lord of Warwick, why did you not carry my lord of
Warwick ?
Applegate — Indeed I cannot teU ; but I suppose it
was because he did not come so soon out of the
fields as captaiu French, or did not come the same
way. Attorney-General — Pray, do you remember any
thing that happened just at their carrying capt. French
away? Applegate — Before he went into the chair, he
stopped and would have puUed 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
directiy was a sword ; but capt. French had some
thing 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 beUeved he was a dead man.
Attorney-General — Pray friend, recoUect your
self, 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 prevaU, in St.
Martin's-lane, with captain Coote to go home, that if
they did go he would go and see it,

THE EARL OF WARWICK 95
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 fight
ing or quarrelUng ?
Applegate — No, indeed, I do not know of any
difference there was between them.
Lord High Steward — My lord Warwick, wiU your
lordship ask this witness any questions ?
Earl op 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 tiU
another time ; and indeed I think, I never heard a
man beg more heartily for an alms at a door, thau 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— WiU your lordship ask him
any other questions ?
Earl op Warwick — No, my lord.
Catro, who was the second chairman who
carried Lord Mohun's chair, corroborated Apple-
gate'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.

96 STATE TRIALS
Pomfret was a servant at the Bagnio in Long
Acre. In answer to the Attorney-General he
said : —
My lord, on Sunday the SOth of October last,
between two and three in the moming, 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 ?
PoMPRBT — 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 iu 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.

THE EARL OF WARWICK 97
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 moming, 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 after
wards. 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.

98 STATE TRIALS
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 aU take care of

THE EARL OF WARWICK 99
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 uo dis
course 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 your
self, 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 sheU 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.

IOO STATE TRIALS
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? PoMPRET — 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 uot 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.

THE EARL OF WARWICK loi
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 ad
mitted ; 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 moming 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

102 STATE TRIALS
no talk of any quarrel ; the witness asked no
questions ; he did not then hear an}rthing 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
uext witness ?
Attorney-General — Captaiu Loftus Duckinfield.
(Who was sworn).
Attorney-General — ^This gentleman wiU acquaint
your lordships what discourse past between these
geutlemen the next day ; pray. Sir, acquaint my lords
what you heard about Mr. Coote's death, and when
aud where.
Captain Duckinfield — Early in the morning I was
told ofthis accident.
Attorney-General — By whom ?
Captain Duckinfield — One of the company, I can
not 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 iu
the dark, and capt. French was his adversary.
Attorney-General — Was there any notice taken
of any duel ?
Captain Duckinfield — Yes, there was, between

THE EARL OF WARWICK 103
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 ou the other
side ?
Captain Duckinfield — Mr. Dockwra and Mr.
James. Attorney-General — Was there any discourse, who
actuaUy 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 teU whether it was in the moming,
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 to
gether ?
Captain Duckinfield — ^That might be discoursed,
but by whom I cannot teU.
Attorney-General — Did my lord of Warwick talk
of going into the country ?
Captain Duckinfield — Whether the company

104 STATE TRIALS
talked of it, or my lord of Warwick in particular,
and the rest assented to it, I cannot weU "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 Castie iu CornhiU
about five o'clock or six, as near as I can remember.
Attorney-General — Can you teU what time my
lord of Warwick went away ?
Captain Duckinfield — No, I cannot teU what time
he went away, not directly.
Attorney-General — Can you tell of any agree
ment 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 Duokinfirld — 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.

THE EARL OP WARWICK 105
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 sheU.
Attorney-General — Was there auy discourse con
ceming capt. French ?
Captain Duckinfield — Yes, they thought he was
very iU wounded.
Attorney -General — Was there auy, 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
owu hand, or any otherwise ?
Captain Duckinfield — I cannot teU ; it was a cut
shell, and the outside bloody as well as the in.
VOL. n. **

io6 STATE TRIALS
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 wiU give you an
account what passed at his house at that time, aud
between whom ; pray, will you tell my lords who was
at your house the SOth of October last, and what past
there theu ?
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 uo, the quarrel
was over, and says my lord of Warwick, I am afraid
poor Coote is kiUed.
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,
aud 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 gentieman iu 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

THE EARL OF WARWICK 107
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, wUl 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 ofa 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 Tumer, Coote's servant, identified his
master's sword ; he believed he fenced witli
his right hand, but had never seen him fence
ataU.

io8 STATE TRIALS
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 unkind
ness between them.
Earl op Warwick — "Whether he knows of any
quarrel that was between us ?
Turner — ^No, I never did.
Earl op Warwick — "Whether he did uot 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 auy time ?
Turner — Yes ; very often.
Attorney-General — Pray call Pomfret again, and
let him see the sword.
[Then he came iu, 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 Prench 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.

THE EARL OF WARWICK 109
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 evi
dence, until we hear what my lord of Warwick says
to it.
Lord High Steward — My lord of Warwick, wUl
you ask this witness any questions ?
Earl op Warwick — No, my lord.
Lord High Steward — Make proclamationfor sUence.
Clerk of the Crown — Serjeant at arms, make pro
clamation. 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 kiug ; 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 voluntarUy 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' judg
ment, even on the evidence that has been offered
against me, whether there hath been any thing proved

no STATE TRIALS
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 witr
nesses who have been examined against me, which
I wiU not trouble your lordships to repeat, but sub
mit to your memory and observation.
But, my lords, the safety of my life does not so
much concern me iu 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 owu cause in
particular, do so oblige me, that I will not in the
least prevaricate, neither wUl I conceal or deny auy
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
iu 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.
Prench, who thereupon caUed for the reckoning ;
aud it being paid, we left the upper room, and I

THE EARL OF WARWICK in
pioposed to send three bottles of wine to my own
lodging, and to carry him thither to prevent the
quarrel. But whUe the company stopped to caU for
a glass of ale at the bar below, Mr. Coote (whose
unfottunate humour was sometimes to be quarrel
some) did again provoke Mr. French to such degree,
that they there drew their swords ; but we then pre
vented them of doing any mischief: then Mr. Coote
stiU 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 whUe 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 chair
men would uot foUow 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 aU
our three chairs, but they not having change, he
desired lord Mohun to pay the three shUlings, which
he did. And iu a few minutes after, Mr. Coote and
Mr. Prench engaged in the fields, whither I went
for the assistance and in defence of Mr. Coote, and
received a very UI wound in my right hand; and
there this fatal accident befel Mr. Coote from Mr.

112 STATE TRIALS
French whom Mr. Coote had dangerously wounded,
and I must account it a great unhappiness to us aU
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 quaUty 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 wUl appear by many in
stances of my frequent company and correspondence
with him, often lending him money, aud paying his
reckonings ; and about two months before his death
lent him au hundred guineas towards buying him au
ensign's place iu 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 aud 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, wheu I was absent, Mr. French, James, and
Dockwra, have been aU 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 bad been guilty of murder. And on that trial
it plainly appeared that Mr. French was the person

THE EARL OF WARWICK 113
with whom he quarrelled, and who killed him. And
now I will call my. witnesses.
Lord High Steward — WUl your lordship please to
go on to call your witnesses, for the proof of what you
have said ; that is the method, and theu 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 wiU tell you I was with him a whUe.
[Then captain Keeting stood up.]
Lord High Steward — Capt. Keeting, you are not
upon your oath, because the law wUl 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 iu Grod's presence, who does require the
truth should be "testified iu 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 wiU tell your lord
ship 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 tUl 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 in"to the room, he said he was to meet with
my lord Mohun there, and capt, Coote, and he asked
me if I knew where capt, French and capt. James
were ; I told him I dined with capt. Coote at Shuttle-

114 STATE TRIALS
worth's ; and in a whUe after, capt. Coote came in,
and about an hour aud 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
uot come ; and I payed my reckoning, uot being very
well, and away I went home ; Mr. James came iu just
before I went away ; but there was no quarrelling, nor
any thing Uke it before I went away.
Earl op 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 aud 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 uo further
question to ask him.
Lord High Steward — Who is your next witness,
my lord ?
Earl op 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 Stauhope may be caUed.
[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.]

THE EARL OF WARWICK 115
Lord High Steward— While this witness gets round,
if your lordship has any other witness ready to stand
up, pray let him be caUed.
Earl op 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 beeu 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 re
member. 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 commissiou 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 teU, if he
knows of auy other particular instances of my friend
ship to Mr. Coote ?

n6 STATE TRIALS
Colonel Blisset — Once when he was arrested by
his taylor for ^IS, 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 un
happy 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, aud that he had sent home for
his man to dress himself there, upou which I did
observe that they had been a-rambliug together over
night ; and there was a very great famUiarity between
them. Earl op WARwicK-^Did you observe auy 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, iu paying of
reckonings for him, and lending him money wheu he
wanted. Earl op 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 auy thing from his father for 13
months, and his father was angry with him, aud
would not send him any supply, because he would uot

THE EARL OP WARWICK 117
consent to cut off the entail, and settle two or three
hundred pounds upou a whore he had.
Attorney-General — Pray, Sir, wiU 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, when
ever you come to give your testimony iu a court of
judicature; pray, acquaint my noble lords here,
whether you did never hear my lord Warwick com
plain of capt. Coote ?
Colonel Blisset — No, I never did hear him complain
of him.
Attorney-Genbbal — Did you never hear the least
word of any quarrel between them ?
Colonel Blisset — ^No, indeed, I did never hear of
auy quarrel between them.
Attorney-General — Did you never hear of any
unkindness at aU ?
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 caU next ?
Earl op Warwick — Now colonel Stanhope is here,
I desire he may be asked the same question, whether
he does uot 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 uo 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

ii8 STATE TRIALS
lord of Warwick aud capt. Coote for about a twelve
month, and I did perceive that they did always profess
a great kindness for one another.
Earl op Warwick — I desire to know of him,
whether he observed any particular friendship between
capt. Coote aud 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 famiUarity : Both
the times that I was there, when I found them
together, was within eight days before the accident
happened. Earl op 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 aud capt. Coote ?
CoTxiNEL 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;

THE EARL OF WARWICK 119
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, aud 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 tiU 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
iu Frauce tiU 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.

120 STATE TRIALS
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 man
slaughter. 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,^ which was allowed him ; the

1 Benefit of clergy was originaUy the right of the clergy
to be exempt from the jurisdiction of the lay courts, and to
be handed over to the oidinary to make ' purgation.' This the
accused clerk did by swearing to hia 0"wu innocence and
producing twelve compurgatora who awore to the same effect.
He was then ' usnaUy acquitted ' by a jury of twelve clerks ;
but otherwise he was degraded and put to penance. The right
itself was graduaUy restricted : partly by a construction of the
Statute of Westminster the Fiist (1275), by which it was held
to be necessary that the clerk should be indicted before he
could claim hia benefit ; partly by the practice prevaiUng in
the time of Henry "vi. that he muat firat be convicted. Mean
while its scope had been largely increased by ita extension in
1350 to all lay clerks, who were taken to mean peraona capable
of reading. The law, however, which was appUcable to the
piesent case depended on two statutes, 4 Henry vn,, c, 13,
and 18 Elizabeth, v. 7; by the former any person aUowed his
clergy was to be branded, and was not to be aUowed it again
imless he was actuaUy in orders ; by the latter purgation waa
aboliahed, and any person taking benefit of clergy was to be

THE EARL OP WARWICK 121
burning on his hand was respited, and a pardon
remitting the burning altogether had been de
Uvered to the Lord High Steward under the
Privy Seal, but had not passed the Great Seal.
discharged from prison subject to the power of the judge to
imprison him for a year. By a statute of Edwaid vi. alao,
a peei ('though he cannot read') was aUowed a privUege
equivalent to benefit of clergy, but was not to be branded.
A certain number of offences were excluded from benefit of
clergy duiing earUei times, and a gieat numbei duiing the
eighteenth centuiy, at the beginning of which the privUege
was extended to aU piisoneis. FinaUy, the system waa
aboliahed in 1827. How this aystem, occupying aa it did an
impoitant position in the criminal piocedure of this coimtry
tiU a comparatively modem date, impresaes a, lawyer of
the present day, may best be described in the woids of Sii
James Stephen: — 'Of this branch of the law, Blackstone
chaiacteriaticaUy lemaika that the Engliah legialatoie "in
the course of a long and laborious procesa, extracted by
noble alchemy rich medicines out of poisonous ingredients."
According to oui modem views it would be moie conect to
say that the mle and the exception were in their origin
equaUy crude and baibaious, that by a long series of
awkward and intricate changes they were at last worked
iuto a system which was aboUshed in a mannei aa clumsy
aa that in which it was constructed ' (Histo-ry of the Criminal
Lam, voL i. p. 458)  'The lesult of this was to
bring about, foi a gieat length of time, a state of things
which must have leduced the administiation of justice
to a soit of farce. TiU 1487 any one who knew how
to read might commit murder aa often aa he pleaaed,
with no other result, than that of being delivered to the
ordinary to make hia puigation, "with the chance of being
deUveied to him ahsqw purgatione. That this ahould have
been the law foi aeveial centuries seems hardly ciedible, but
there is no doubt that it waa. Even after 1487, a man who
eould lead could commit muider once with no othei punish-
VOL. II. I

122 STATE TRIALS
Lord Warwick had accordingly to maintain that
French was a good witness without having been
bumt 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.^ It did not dis
charge 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 EUzabeth, but satisfaction was not
made to the law, the convict was not fully dis
charged 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 SoUcitor-General, Sir John Hawles,* fol-
ment than that of having M. branded on the bia"wn of hia
left thumb, and if he was a cleik in oideis he could, tUl
1547, commit any numbei of muiders apparently without
being branded moie than once ' {Ibicl., vol. i. p. 462).
1 Convicted felons were incompetent aa witnesses tUl the
passing of Loid Denman's Act in 1843.
2 Sir John Hawles (1645-1716) waa bom in Saliabury of a
Doisetshire family. He was educated at "Winchester and
Queen's College, Oxford. In 1689 he sat in the House of

THE EARL OF WARWICK 123
lowed to the same effect, and, by the order of
the Court Poniys^ was then heard on behalf of the
prisoner. He agreed with the Attorney-General
that the branding under the statute of Henry vn.
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.^

Commons foi Old Saium ; he succeeded Sii Thomas Trevor
as SoUcitoi-General in 1695 and so remained tUl 1702. He
afterwards represented various westem boroughs in Parliament,
most of them Cornish. He waa one of the manageia of
SachevereU's impeachment in 1710. He died at Upwinborne.
1 Sir Thomas Powys (1649-1719), of a Shiopshiie family,
waa educated at Shiewsbuiy, and was caUed in 1673. He
became SoUcitoi-Geneial in 1686, and as a suppoitei of the
dispensing powei became Attomey-Geneial in 1687. As such
he conducted the prosecution of the Seven Biahopa. He
frequently appeals foi the defence in State Trials during the
reign of 'WUUam in. He repiesented Ludlow in ParUament
from 1701 to 1713, waa made a Serjeant at the beginning of
Anne'a reign, and a Judge of the Queen's Bench in 1713. He
was, howevei, removed from the bench on the accession of
George i.
9 To a modern practitioner to whom benefit of cleigy ia

124 STATE TRIALS
' What we insist on is this, that the allowance
of clergy sets him right in court, since pur
gation 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 purga
tion 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 bumt. 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

merely an archaeological puzzle, it woiUd seem that the piopei
aigument waa that the impiiaonment waa a puniahment, and
that aa Fiench had not been imprisoned he waa quit of the
law; but two centuries make a great deal of difference in
arguments on points of law.

THE EARL OF WARWICK 125
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 con
sequently make him capable of being a witness.'
One of the cases quoted by Powys was dis
tinguished, and Hale was quoted to support the
argument for the Crown.
Lord Chief-Justice Treby''- 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 convic
tion he had forfeited his liberty, his power of pur
chasing 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

1 Sii Geoige Treby (1644-1700), the son of a Devon gentle
man, entered Exeter College in 1661, and was caUed in 1671.
He repiesented 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 Jeffieys as
Recorder of London in 1680, but was removed after the
success of the Quo Wa/rramto proceedings. He sat in the
Oxford Parliament of 1681, and resumed his seat as Recorder
after the arrival of the Prince of Orange. He afterwaids le-
enteied Pailiament, succeeded PoUexfen as SoUcitoi-General
in 1689, as Attorney-General in the same yeai, and as Loid
Chief -Justice of the Common Fleas in 1692.

126 STATE TRIALS
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 pre
cedent 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^ and Nevill, J.,^ ex
pressed themselves as of the same opinion ; and
it was decided that French should not be
admitted as a witness.

' Edward Ward was called in 1670, and was engaged to
aaaiat Lord RuaaeU in his trial. He was a candidate foi the
office of Sheriff of London in the famous election of 1683
amte, 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 anceatoi of the late Mi. G.
Waid Hunt.
' Sii Edwaid Ne"riU was caUed in 1658. He was knighted
in 1681, on presenting an address to Chailes ii. aa Recoidei
of Bath. He became Serjeant in 1684, and a Baron of the
Exchequer in 1685. He waa diamissed aix montha afteiwaids
foi refuaiug to aupport the royal assumption of the dispensing
powci. Fosse gives a striking extiact from his evidence
befoie Parliament in 1689, to show how the power of the
Executive was actually brought to bear on the Stewart judges.
He waa lestoied to hia office aftei the Revolution, lemoved to
the Common Pleaa in 1691, and died in 1705.

THE EARL OP WARWICK 127
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 guUty 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, how
ever, 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 sum
ming up the evidence ; his only original comment

128 STATE TRIALS
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 con
tributing to his death.'
Then the lords went back to their own house iu the
same order they came into the court in Westminster
HaU, and debated the matter amoug themselves,
what judgment to give upon the evidence that had
been heard ; and iu about two hours' time they
returned again iuto the court, erected upou a scaffold
in Westminster-haU ; and after they were seated iu
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 GuUty 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.

THE EARL OF WARWICK 129
Then the Lord High Steward reckoned up the
number of peers present, and the opinions that were
given, and announced that there were 9S present, and
that they had all acquitted lord Warwick of murder,
but had fouud him guUty of manslaughter. Lord
Warwick was then caUed 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 Ukewise directed by their lordships
to say that they hope you wiU take a more than
ordinary care of your behaviour for the future, that
so you may never hereafter fall iuto such unfortunate
circumstances as you have been now under ; my lords
hope this will be so sensible a warning, that nothing
of this kind wiU 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 adjoumed 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

I30 STATE TRIALS
most of the same witnesses having given the
same evidence again, he was acquitted and dis
charged. He then expressed himself thus :
Lord Mohun — My lords, I do not know which way
to express my great thankfulness and acknowledg
ment of your lordships' great honour and justice to
me ; but I crave leave to assure your lordships, that I
wiU endeavour to make it the business of the future
part of my life, so to behave myself in my conversa
tion iu 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
Coramission, 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

THE EARL OP WARWICK 131
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 druuk 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, aud 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 gentle
man 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, Captaiu Macartney, in a miUtary habit,
and a gentieman in a suit of blue velvet and silver, in
a fair periwig with a rich faU of point of "Venice lace —
my IjOtA 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. Brace
girdle, 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 WiU 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

132 STATE TRIALS
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 — ou 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 gentlemeu 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 1 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.

THE EARL OF WARWICK 133
' Theu we have nothing for it. Take notice, gentie
men, there have beeu outrageous words — reparation
asked and refused.'
'And refused,' says my Lord Castlewood, putting
on his hat. 'Where shaU 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.'
'WUl your Reverence permit me to give you a
lesson ? ' says the captaiu.
'Nay, nay, gentlemeu, 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 Ufe.
At the bar of the tavern aU the gentlemen stopped,
and my Lord Viscount said, laughing, to the bar-
woman, that those cards set people sadly a-quarreUing;
but that the dispute was over now, and the parties
were aU 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 caUed, and the six
gentlemen stepping into them, the word was privately
given to the chairmen to go to Leicester Field, where
the gentlemeu were set down opposite the ' Standard
Tavern.' It was miduight, and the town was a-bed by
this time, and only a few lights in the windows of the

134 STATE TRIALS
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.
AU 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 raUings 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, aud 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 iu a hoUow
voice. 'I believe I 'm a dead man,' my lord said from the
ground. 'No, no, not so,' says the other; ' and I caU God
to witness, Frank Esmond, that I would have asked
your pardon, had you but given me a chance. In — iu
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 him
self 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.

THE EARL OF WARWICK 135
Harry, and thou must watch over my littie Frank — and
— and carry this Uttle 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 iuto 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.

SPENCER COWPER AND OTHERS

SPENCER COWPER AND OTHERS
Spencer Cowper,^ a barrister ; EUis 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 ofthe previous March. They
were tried at the same Assizes, before Baron
Hatsell,2 on the l6th of July.

* Spencer Cowpei (1669-1727) was the youngei brothei of
Earl Cowpei, who was the fiist Loid ChanceUoi of Gieat
Britain, He was educated at 'Weatminater, and made Con
troUer of the Bridge Houae Estates in 1690, At the time of
this trial his brother waa the member for Hertford, In 1705
and 1708 he repreaented Beeralston in ParUament ; he was
one of the managers in SachevereU's trial, and lost hia aeat in
conaequence, but waa afterwarda elected for Truro in 1711,
In 1714 he became Attomey-Geneial to the Piince of Wales,
and in 1717 Chief-Justice of Cheater, 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 waa the grandfather of WilUam
Cowper the poet.
^ Sii Hemy HataeU (1641-1714) waa the son of an active
Roundhead who sat in the House of Commons daring the
Commonwealth. He was educated at Exeter CoUege, waa
called to the Bar in 1667, aud became a Baron of the Exchequer
in 1697, The preaent trial was the most conspicuous with
139

I40 STATE TRIALS
The indictment alleged that they had murdered
Sarah Stout by strangUng her, and had then
thrown her body into the Priory River to con
ceal the body. To this, all the prisoners pleaded
Not GuUty.
Jones appeared for the prosecution ; Cowper
defended himself, and practicaUy 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 caUed upon to show cause
for his challenges.
Clerk of Arraigns — CaU Dauiel 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 tUl
to-morrow morning.
Hatsell, Baron — If there hath been any great
friendship between any juryman and the party, it wiU
look iU if it is insisted upou.
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 iu town ; I know

wiiich he was ooimeoted, from which fact it may be supposed
that he nevei enjoyed a veiy high leputation. He was
removed from the Bench soon after Queen Anne's accession.

SPENCER COWPER AND OTHERS 141
I have a just cause, and I am ready to be tried before
your lordship and any fair jury of the county ; there
fore 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 gentle
men that are sworn, I am of counsel for the king in
this cause, and it is upon an indictment by which the
gentiemen 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 gentle
woman of this county strangled and murdered in the
night time. The thing was done in the dark, there
fore 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.
Thistfact, 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 wUl not improve

142 STATE TRIALS
or enlarge the evidence at all ; it shall be only my
business to set the fact as it is, aud to give the evi
dence, aud state it as it stands here in my instructions.
My lord, for that purpose, to lead to the fact, it
wUl 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 tUl 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 tiU 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, gentiemen, upon
this went up stairs to warm his bed, expecting the
gentleman would have come up and foUowed her
before she had done ; but it seems, whUe 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 tbis 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 aud learn, they must go out
together. After their going out, the maid and mother

SPENCER COWPER AND OTHERS 143
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 gentle
woman 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
miU 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 raorning 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 iu the country; for it was
very extraordinary, it happening that from the time
the maid left Mr. Cowper and this young gentle
woman together, she was not seen or heard of till
next morning, when she was fouud in this condition,
with her eyes broad open, floating upon the water.
Wheu her body came to be viewed, it was very
much wondered at; for in the first place, it is con
trary to nature, that any persons that drown them
selves 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,
theu 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

144 STATE TRIALS
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 evi
dence, 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 her
self. 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 aU 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 wUl be to
this purpose.
Mr. Cowper was the last man unfortunately in her
company ; I could wish he had not been so with aU 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 hap
pens to be three gentiemen ; 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

SPENCER COWPER AND OTHERS 145
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 gentiemen 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, faU 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 gentiemen 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 uot known, and one takes the bundle and
throws it upon the bed ; weU, 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

146 STATE TRIALS
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 60 pounds for thy share : Saith
the other, I wUl 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 caU to mind all these discourses.
My lord, after these gentlemen had staid there all
night, next moming, 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
aU their discourse aud 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 ISth 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 iu with the judges, she asked him if he would

SPENCER COWPER AND OTHERS 147
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 woidd 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 Ue there ? And he
answered yes, and he came at night about 9 ; and
he sat talking about half an hour, and then caUed for
pen, ink aud 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 aud asked
him, what he would have for supper ? He said mUk,
by reason he had made a good dinner ; aud 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 iu 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.

148 STATE TRIALS
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 au hour after
ten. Hatsell, Baron — Which clock was earliest, yours
or the towu 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 ; 1
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

SPENCER COWPER AND OTHERS 149
find her, it wiU 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 iu 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
iUness, and I know no other cause.
Cowper — Have you uot often told people that
your mistress was a melancholy person, upon your
oath? Walker — I have said she hath been Ul, 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 iU, and that made her melancholy ; what illness
was it ?

ISO STATE TRIALS
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 iu the least inclined
to do herself a mischief?
Walker — No, I never did.
Cowper — ^You bought poison twice, did you give aU
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
uo ; 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.

SPENCER COWPER AND OTHERS 151
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 ?
WAiiKER — 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
towu? 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 ;

1 52 STATE TRIALS
out 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 sweUed ; I was
amazed at it; aud 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 uot observe the weeds aud
trumpery under her ?
Berry — ^There was no weeds at that time there
abouts.

SPENCER COWPER AND OTHERS 153
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, aud her
head between the stakes; could you perceive her right
arm, and where was her left arm ?
Berry — Within a smaU 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
doue. 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 ou the bank-side, and there she lay about an
hour, and theu was ordered to be carried iuto the
miller's. VOL. II. L

154 STATE TRIALS
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 aud
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 Ed
munds, 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

SPENCER COWPER AND OTHERS 155
some physicians of note and eminency that are come
down from London ; I desire that they may be caUed
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. GUstrop, Dr. Harriot, Dr. Wollaston,
Dr. CreU, Mr. WUliam Co"wper, Mr. Bartiett, 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^ — 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 unwUling 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 stUl sent ; and then I went with Mr.
Camlin, and found a littie swelling on the side of her
neck, and she was black on both sides, and more
particularly ou the left side, and between her breasts
up towards the collar-bone ; aud that was aU I saw at
that time, only a little mark upou 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.

^ Thia John Dimadale waa apparently the fathei of the
firat Baion Dimsdale, who inoculated Catharine of Russia
and the Grand Duke Paul, her aon, for amaUpox iu 1728.
John'a father was WiUiam, who accompanied William Penn to
America in 1684 ; so that it is not clear who the Mi. Dimsdale,
senioi, and Dr. Robeit Dimsdale of thia trial were. The
fanuly is, however, one which has long been settled in Hert-
{oidshiie.

156 STATE TRIALS
Jones — How do you think she came by it ?
Dimsdale — ^Truly I only gave an account just as
I say now to the gentlemeu at that time, I saw no
more of it at that time, but about six weeks after the
body was opened by Dr. PhiUips 
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 eai-s, a
settiing of blood.
Jones — CaU Sarah Kimpsou.
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, aud 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 teU.
Co"wpER — 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 — Prom the collar-bone downwards.
Co"WPER — Had she any circle about her neck ?
Dimsdale — No ; not, upon my oath,
Sarah Kimpson saw the body examined; she

SPENCER COWPER AND OTHERS 157
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 ?
Kimfson — 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 mom
ing; 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 iu it.

158 STATE TRIALS
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 tbe
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 wiU prove it ; was not Mr. Mead with
you at the time of your examination ?
Pilkington — Yes.
Co"WFER — Did he not put in some words, and what
were they?
Pilkington — Not that I know of.
Cowper — But you never swore so, upou your oath ?
Pilkington — No, I do not beUeve I did ; if I did it
was ignorantly.
Jones — Here is her examination, it is ' cross her
neck.' Mr. Coatsworth, a surgeon, was caUed 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 ex
amined ; 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

SPENCER COWPER AND OTHERS 159
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 iu water, the water
must have rotted all the guts ; that was the construc
tion I made of it then ; but for auy 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 skuU 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 gentle
man 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. Cer
tainly, 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

i6o STATE TRIALS
surgeons among them, to superintend their proceed
ings. My lord, with submission, this ought not to
be given iu 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 Ul thing in
taking up the body without some order, though I do
uot 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

SPENCER COWPER AND OTHERS i6i
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 fort
night, 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.

i62 STATE TRIALS
Cowper — Is it possible there should be water iu the
thorax accordingto your skill?
Dimsdale — Yes, we did think there would have
beeu, 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 fouud some iu
the stomach and intestines.
Cowper — Pray, sir, how should it go into the
thorax ?
Dimsdale — By the lymphseduct, if carried by any

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 uot angry
that Mr. Camblin would not join with you iu opinion ?
Dimsdale — ^No.
CowpBR — 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 doue.)
Now, my lord, we call these gentiemen that are
doctors of skUl, to know their opinions of them that

SPENCER COWPER AND OTHERS 163
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 do"wu the windpipe into the lungs
upon respiration ; and at the same time, the water
pressing upon the gullet, there will be a necessity of
swaUowing a great part of it iuto the stomach ; I have
beeu in danger of being drowned myself, and I was
forced to swaUow a great quantity of water. If a
person was drowned, and takeu out immediately, as
soon as the suffocation was effected, I should not
wonder if there were but littie water in the stomach
and guts ; but if it lay in the water several hours, it
must be very strange if the beUy should not be full of
water ; but I wUl 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 faUing me, I feU into the
water. Cowper — But you struggled to save yourself from
drowning ?
Dr. Coatsworth — I did so ; I have seen several
persons that have beeu 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 ?

1 64 STATE TRIALS
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, Bahon — Dr. Browne has a learned dis
course, 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.' Then Dr. Nailor was swom.
J0NE.S — We ask you the same question that Dr.
Coatsworth was asked, "What is your opinion of dead
bodies ? If a body be drowned, wiU it have water in
it or no ?
Dr. Nailor — My lord, I am of opinion, that it wUl
have a quantity if it be drowned ; but if there be no
water in the body, I beUeve 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 WilUam 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. (WTio was
sworn.) 1 Vulga/r Errors, Book iv,, oh, vi., 'Of Swimming and
Floating.'

SPENCER COWPER AND OTHERS 165
Jones — Pray, what is your opinion ofthis 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 gentie
woman 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 fioated 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 uot
rise again, not that they wUl not sink without it. But
I would ask Mr. Babington, whether the gentiewoman
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. Bumet 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.

i66 STATE TRIALS
If a person had swallowed water in drowning,
signs of it would be visible some time after
wards. 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 auy men that have beeu
kiUed, 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 engage
ment, but one particularly I took notice of, that was
my friend, and kiUed by my side ; I saw him swim for
a considerable distance from the ship; and a ship
coming under our stem, 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 wheu they have
beeu dead had a considerable weight of ballast and
shot made fast to them, and so were thrown over
board ; because we hold it for a general rule, that aU
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

SPENCER COWPER AND OTHERS 167
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 over
board, 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 beeu 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, wheu we engaged the French. I
was in the old Cambridge at that time. I saw several
(what number I wiU not be positive, but there were a
great number, I cannot guess to a score) that did
really swim, aud I could see them float for a consider
able 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

1 68 STATE TRIALS
captaiu word, that in laying in of his nets he drew up
some men close under the rocks that were droimed
belonging to the Coronation. We generaUy throw in
bags of ballast with them.
Jones — I suppose aU men that are drowned, you
sink them with weights ?
Clement — Formerly shot was allowed for that pur
pose ; there used to be threescore weight of iron, but
now it is a bag of baUast 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 govern
ment be at that vast charge to aUow threescore or
fourscore weight of iron to sink every man, but ouly
that their swimming about should not be a discourage
ment to others ?
Then Richard Gin was swom.
Jones — You hear the question ; pray what do you
say to it?
Gin — I was at sea a great while, and aU 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 her
self, but was carried into the water after she was kUled.
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

SPENCER COWPER AND OTHERS 169
drowned do sink, this is sufiBicient 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 notwith
standing all the civiUty and kindnesses that passed
between him and this famUy, when the bruit and noise
of this fact was spread abroad, Mr. Cowper did uot
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,
CaU George Aldridge and John Archer.
John Archer was swom.
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 after
wards, 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 wheu I go the Circuit into
Essex ?
Archer — ^Yes, I believe so.
Cowper — I lodged at Mr. Barefoot's, and he has a
VOL, II, M

I70 STATE TRIALS
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 swom.
Jones — ^When did Mr. Cowper go out of town the
last assizes ?
Aldbidgb — 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 tiU 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 iu prudence to send a common hostier

SPENCER COWPER AND OTHERS 171
for him, for fear the lord of the manor should seize
all that was there as forfeited,'
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
e"vidence 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 Elixabeth
Gurrey. John Gurrey was sworn.
Jones — Do you know any of the gentlemen at the
bar? J. GUBREY — 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 ?

1 The Lord of the Manor might have a right to the forfeited
goods of a felon.

172 STATE TRIALS
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 ; where
upon Mr. Stevens and Mr. Rogers said he should
lodge with them ; so they went up altogether, and
they caUed 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 some
time 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 iu,
Hatsell, Baron — Did you observe in what con
dition Mr, Marson was iu ?

SPENCER COWPER AND OTHERS 173
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 moming I heard this party
was in the water ; I sat up all night, and was fain to
wait tiU my daughter came down to look after the
shop ; and then I went to see her, and she removed
iuto 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 wiU 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 concemed 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 un-covered 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 coach
man ; then they went to your lordship's chamber,
and I went home ; and about eleven o'clock I saw

174 STATE TRIALS
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 iu the i;oom when we came in ?
J. Gurrey — She was in our house that day; but
whether when they came in I cannot teU.
Cowper — Pray, have you not had some discourse
with your sister, the widow Davis, conceming 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 ?

SPENCER COWPER AND OTHERS 175
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 them
selves 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 gentlemeu are in bed, if Mr. Gape would
come home, our famUy 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,

176 STATE TRIALS
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. (WTio 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 there
abouts 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.

SPENCER COWPER AND OTHERS 177
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 iu another, for they
said it was so late that they could not get a lodging
any where else : and said, if 1 thought fit, the gentle
man should Ue 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 moming,
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 ; aud 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

178 STATB TRIALS
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.

SPENCER COWPER AND OTHERS 179
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 con
cerning Mrs. Sarah Stout? And he answered, yes,
they ought to be taken up for the words they said
last night : WTiy, saith I, do not you take notice
of it? I think you ought to take them up. But he
went out of doprs, and I saw no more of him tUl the
afternoon. When I heard the words, I thought some
body 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 Ufe.
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 — 1 Imow Mr. Marson, and these are the
other gentlemen, I reckon.
Jones— "What discourse did you hear from them ?

i8o STATE TRIALS
E. Gurrey — Mr. Marson asked the other gentle
men 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 an
swered, he believed it was ; but if it was not done, it
would be done to-night. Then, my lord, he puUed
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 tiU 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 ISth of March last, saith. That he was at the
borough of Southwark (he being an attorney of the

SPENCER COWPER AND OTHERS i8i
said court) tUl 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, WiUiam Rogers, and some others, where
they stayed tiU about eleven of the clock at night,
aud 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 con
cerning 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 MarshaU, aud 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 Uved; teUing 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 teUing him that the said
Stout was dro"wned, 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

1 83 STATE TRIALS
Stout's being drowned, this examinant having seen
her body that morning. ' John Marson.
' Cogn, Die et Anno cmtediet.
Coram J. Holt.'
Jones — AU that I observe from it, is this : That he
had been five hours in towu, and wheu 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 theking;
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 gentiemen ?
Mrs. Richardson — They came on Tuesday night to
the Bell at Hoddesdon, and lay there, aud 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 aU.
Jones — Then we have done.
Hatsell, Baron — Come, Mr. Cowper, what do you
say to it ?

SPENCER COWPER AND OTHERS 183
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 beeu a
sufficient raisfortune 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

i84 STATE TRIALS
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 Uttle 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 exhuma
tion, 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 observa
tions upon that matter,'
It had been suggested that he had an interest
in the death of the deceased by reason of holding
money of hers which he had received as her
trustee or guardian. He had been concerned
in investing some £200 in a mortgage for the
deceased the previous December; he had paid

SPENCER COWPER AND OTHERS 185
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 melan
choly, 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
to-wn 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
vol. il n

i86 STATE TRIALS
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 con
nected vrith 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, when
ever 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 Bare
foot, 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

SPENCER COWPER AND OTHERS 187
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 caUing
those who will fuUy refute the suppositions and
inferences made by the prosecutor, whom first, my
lord, I shaU begin with, to show there is no evidence
of any murder at aU 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 rauch, 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 wUl take up no
more of your time in opening this matter. Call

i88 STATB TRIALS
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 takeu 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, aud 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 littie.
Cowper — Could you discern her feet ?
Dew — No, nothing like it, nor the striped petticoat
she had on.

SPENCER COWPER AND OTHERS 189
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, sometiraes 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.
Co"wPER — "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 raouth 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 ?

igo STATE TRIALS
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 : caU 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 — Ou Tuesday moming 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 ray yard
to work, told rae a woman was drowned at the mill ; I
staid a little and went down to see, and when I carae
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 beUeve kept her from
going through ; so I looked upon her very wishfuUy,
and was going back again ; and as I carae 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 sarae posture as before ; we viewed her very
wishfuUy ; her coat that was driven near the stakes

SPENCER COWPER AND OTHERS 191
was seen, but none of her coats, or her legs ; and
after we had looked a little whUe 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 nostrUs.
Hatsell, Baron — How much do you caU 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 raight know who she was ; so the woraan did,
and I believe there was twenty or raore 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 shUUngs, three pence
halfpenny, and some other things ; and after that I
desired sorae 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.

192 STATE TRIALS
Cowper — Have you measured the depth of the
water ? What depth is it there ?
Young— I raeasured 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 beseen.
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 theu I
went and sealed up the money at ray own house, so
that 1 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

SPENCER COWPER AND OTHERS 193
if it be produced in order to contradict what these
witnesses have said, that have been examined for the
king; but if you wiU 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 WaU. 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 kUl herself.
Jones — "We do admit it.
Juryman — We desire it may be read.
Hatsell, Baron — Why, wiU 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.
CamUn 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 woraan said the same thing.
Cowper — It is necessary in this particular as to time.

194 STATE TRIALS
Hatsell, Baron — She told you the clocks did differ.
Bowden and Shute gave evidence as to the find
ing of the body and as to its state when found,
corroborating the other vritnesses.
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 caU some
physicians of note and eminence, to confront the
learning of the gentleraen on the other side.
Dr. Sloane^ said he had not heard the other
witnesses very distinctly, because of the crowd ;
but that cases of the present kind were very un
common, 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 Uquor,
and those who are forced by the civil law to drink a
great quantity of water, which in giving the question

1 Sir Hana Sloane (1660-1753) was born in Co. Do"wn. He
studied medicine abroad, and waa elected a member of the
Royal Society in 1685. In 1687 he went to the "Weat Indies as
aecietaiy to the Duke of Albemarle, and made valuable
acientific coUectiona. He waa 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 foimded the botanical garden at
Chelsea for the Society of Apothecaries. He left his coUec
tions to the nation, and they f oimed part of the original nucleus
of the British Museum. Sloane Stieet and Hans Square
derive theii names from him.

SPENCER COWPER AND OTHERS 195
(as it is caUed) is poured into them by way of torture
to make them confess crimes, ^ 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 neces
sary for the respiration, or breathing, the person is
suffocated. Such a small quantity wiU do, as some
times 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 caUed for the prosecution in con
sidering 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.

1 The lay leadei mnst obseive that Sloane is talking of the
' civU law.'

196 STATE TRIALS
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 searaen are a superstitious people,
they fancy that whistling at sea wUl occasion a
terapest. 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,
ray 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 Ul hus
bandry; but the design of tying weights to their
bodies, is to prevent their floating at aU, 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 theu 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 a'nd Dr. Gelstrop both gave

SPENCER COWPER AND OTHERS 197
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 anatoraist in Europe,
Mr. Cowper, will you give your opinion of this
matter ?
Mr. W. Cowper''- accordingly, premising that
he would not only ' speak, from reason,' but give
an account of experiments, stated that the
symptoms described were consistent with drown
ing; 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 iu air) the water will necessarUy
fiow 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.
1 WiUiam 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 woik. He subsequently
pubUshed a variety of papers on snigery, and was the dis
coverer of Cowper's glands.

198 STATE TRIALS
And this quantity of water would be sufficient
to cause suffocation, and after suffocation, swallow
ing 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 con
sidered that his hair raight 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 bottora. 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 aUve, to be suddenly
plunged under water till they were stifled ; the result
was that about three ounces of water were found in
their lungs, aud 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 thera 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 beUeve 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

SPENCER COWPER AND OTHERS 199
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,
So"WD — It was much about this time twelve
month 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

20O STATE TRIALS
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 corae 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 reUgion for a husband.
And some time after I had been in London, having
bought some India goods, she came to my shop aud
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
J 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.

SPENCER COWPER AND OTHERS 201
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 sometiraes 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
outUve ; and that she should never he weU whUe she
was in this world. Soraetiraes I have endeavoured to
persuade her out of it seriously, and sometimes by
raUlery, and have said are you sure you shaU be better
in another world? And particularly I remember I
have said to her, I believe you have Mr. MarshaU 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
hira : no, saith she, I cannot. Sometimes with com
pany she would be diverted, and had frequentiy 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 frora one
TheophUus, a waterman and a Quaker, who coraing
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,
VOL. II. Q

202 STATE TRIALS
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 faUing 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 tirae, which I
think was the last tirae 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 carae in a great toss and melancholy:
Said I, what is the matter? you are always in this
huraour. Saith she, I cannot help it, I shall never
be otherwise. Saith ray 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 narae, raadara ?
Cowper — It is ray brother's wife, ray lord. I desire
Mrs. Toller may give an account of what she knows
as to her being raelancholy.
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, soraething had vexed
her that day ; and I asked her the cause of it, and
she stopped a Uttie while, and then said, she would
drown herself out of the way.

SPENCER COWPER AND OTHERS 203
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 some
thing of drowning. I have been with her when Mr.
Cowper's conversation and name has been mentioned,
and she said she kept but Uttie company ; that sorae
tiraes she went to Mrs. Low's, and that she kept none
but civU raodest company, and that Mr. Cowper was
a civU modest gentleman, and that she had nothing to
say against hira,
Cowper — This is Mrs, EUz, Toller, ray lord,
Elizabeth Toller — My lord, she came to see rae
some tirae after Christraas, and seeraed 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 puUing 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.

204 STATE TRIALS
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.
Co"wpBR — Now, my lord, to bring this matter of
melancholy to the point of time, I wUl call one witness
more, who wUl speak of a remarkable instance that
happened on Saturday before the Monday when she
did destroy herself.
CaU 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 iu at Mr, Pirrain'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 dis
contented ; I never saw you dressed so in my life :
Saith she, the dress wiU serve me as long as I shall
have occasion for a dress.
Cowper — In what posture did she appear in the
shop? Joseph Ta"ylor — She appeared to be very melan
choly. Cowper — What part of her dress did you find fault
with ?
Joseph Taylor — It was her head cloaths.
Cowper — Whfit w^s the matter with them ?

SPENCER COWPER AND OTHERS 205
Joseph Taylor — I thought her head was dawbed
with some kind of grease or charcoal.
Cowper — What answer did she raake ?
Joseph Taylor — She said, they would serve her time.
Co"WPER — As to this piece of evidence, if your lord
ship pleases, I desire it may be particularly takeu
notice of ; it was her head-dress that she said would
serve her tirae.
Pray, Mr. Taylor, was you at Mr. Barefoot's when
I carae 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
caU his wife, and asked her if she had received a letter,
and she said. No ; then said you, I wUl take up this
lodging for miue ; and accordingly you went up stairs,
and I went with you, and staid there about four times
as long as I have been here.
Co"wpER — Are you very sure that I said, I would
take up my lodgings there ?
Joseph Ta"ylor — Yes, I ara very sure of it.
Hatsell, Baron — What tirae of the day was it ?
Joseph Taylor — It was the fore part of the day ;
whUe I was there, my lord, Mrs. Sarah Stout's raaid
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 ?

2o6 STATE TRIALS
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
wiU take it up for myself,
Cowper — Call Mrs. Barefoot and her maid.
[But they not presentiy appearing,]
Cowper — ^My lord, in the meantime I will go on to
the other part of my e"ridence, iu opening of which I
shall be very short.
My lord, my wife lodging at Hertford, occasioned
me frequently to come do"wn, Mrs, Stout became
acquainted with her ; When business was over in the
long vacation, I resided pretty much at Hertford, and
Mr, Marshall carae 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 civUity 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 rayself, were walk
ing 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 wUl

SPENCER COWPER AND OTHERS 207
make this fuUy manifest ; I will produce the letters
after I have called Mr. MarshaU. Mr. MarshaU.
Mr, Marshall — If your lordship pleases, it was
in the long vacation I carae down to spend a little
of ray leisure tirae at Hertford ; the reason of my
going thither was, because Mr. Cowper was there at
that tirae. The first night when I carae 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 improv
ing 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 carae to town,
ray lord, I was generaUy told of my courting Mrs,
Stout, which I confess was not then in ray 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 ray application to her; but
upon very little trial of that sort, I received a very
fair denial, and there ended ray suit; Mr. Cowper
having beeu so friendly to rae, as to give rae 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
riolent lover.
Hatsell, Baron — WeU, but teU the time as near as
you can.
Mr. Marshall — I believe it was a second or third
time I carae down to Hertford, which is about a
year and a half since ; and, during the whole of my

2o8 STATE TRIALS
acquaintance with her, I never tiU then found her
averse to any proposal of mine ; but she then telUng
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 friend
ship, been pretty well able to guess at her meaning.
Cowper — Because what you say may stand con
firmed beyond contradiction, I desire you to say
whether you have any letters from her to yourself?
Mr. Marshall — "Yes, I have a letter in ray hand
which she sent rae, 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 miue ;
it is her hand-writing, and directed to rae.
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 carae very safe ; but I wish you
' had explained your meaning a little more about
'the accident you speak of; fori have beeu puz-
' zling ray 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

SPENCER COWPER AND OTHERS 209
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 wiU tell one as much for
' nothing as any astrologer will have a good piece
of money for. But to leave jesting, I cannot tell
wheu I shall come to London, unless it be for the
' night and away, about some business with my
brother, that I raust be obliged to attend his
raotions ; but when I do, I shaU remember my
' promise, although I do not suppose you are any
' raore in earnest than rayself 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 rae this letter.
Clerk of Arraigns — It is directed to Mr. Thomas
MarshaU ; 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 uot possible come till it was late ; and this

2IO STATE TRIALS
' day was appointed for business, that I am uncertain
' when it will be finished ; so that I believe I can-
' not see you whilst I am iu 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
voluntarUy 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 ofthis letter. It is on the outside directed
to Mrs. Jane Ellen, to be left for her at Mr. Har-
grave's coffee-house. Por her to direct for me at a
coffee-house, raight raake the servants wonder and
the post-man might suspect, and for that reason she
directed it in that raanner. I'here was Mr. MarshaU
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 imraedi
ately on receipt of it, as he had done several others
from the same hand.
Clerk of Arraigns — This is directed for Mrs.
Jane EUen. It is dated March the 6th, without any
year. ' March the 5th.
'Sm,
'I am glad you have not quite forgot
' that there is such a person as I in being ; but I
' am willing to shut ray eyes, and not see anything
' that looks like unkindness in you, and rather
' content rayself with what excuses you are pleased
to make, than be inquisitive into what I must not

SPENCER COWPER AND OTHERS 211
' know. I should very readily comply with your
' proposition of changing the season, if it were iu
• ray power to do it, but you know that lies alto-
' gether in your own breast ; I am sure the winter
' has been too unpleasant for me to desire the con-
' tinuance of it ; and I wish you were to endure
' the sharpness of it but for one hour, as I have
' done for raany long nights and days ; and then
' I believe it would raove that rocky heart of yours,
' that can be so thoughtless of rae as you are ; But
' if it were designed for that end, to raake the
' suraraer the raore delightful, I wish it raay have
' the effect so far, as to continue it to be so too,
' that the weather raay never overcast again ; the
' which if I could be assured of, it would recora-
' pense rae for aU that I have ever suffered, aud
* raake rae as easy a creature as I was the first
' moment I received breath. 'When you corae 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 wUl be heartUy
' welcome to ' Your very sincere Friend.'
'For Mrs. Ja/ne EUen, at Mr. Ha/rgra/v^s,
•nea/r Temple-bar, London.'
Cowper — ^Though it is directed to Mrs. Jane EUen,
it begins in the inside 'Sir,' and it is dated the Sth
March next before the ISth.
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 ray now

212 STATE TRIALS
remembrance, it should be longer since than March
last. Cowper — It was March last. That which will set
Mr, Marshall's raeraory 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 wiU
refresh his raeraory conceming 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, WiUiam 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
¦ wiU assure you I know of no incon veniency that can
' attend your cohabiting with me, unless the grand
' jury should thereupon find a bill against rae ; but
' I won't fly for it, for come life, come death, I am
' resolved never to desert you ; therefore according
' to your appointraent 1 wUl expect you and till
' then I shall only tell you, that I am ' Yours,' etc.
'For Mrs. Jame EUen, at Mr. Hargrave's,
near Termple-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

SPENCER COWPER AND OTHERS 213
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 in
tended first to dine with their father at his house
in Hatton Garden, where the vritness 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 ray shewing it, is not to
expose a woraan's weakness, but I would not willingly
Ue under too raany obUgations, 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 ofhis 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

214 STATE TRIALS
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 partiy 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 raay ask her mother,
she wiU teU 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 haud unless
I saw her "write it
Mr. Stout — It is Uke 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

SPENCER COWPER AND OTHERS 215
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 raade 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 ray staying at her house under
these circumstances, would in probabUity provoke the
censure of the town and country ; and that therefore
I could not stay, whatever my inclination might other
wise be ; but, my lord, my reasons not prevailing, I
was forced to decide the controversy by going to ray
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 mUe 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 tbere to the place where Mrs, Stout

2i6 STATE TRIALS
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 wheu she gave
evidence, whether she went out to see for her mistress
all that night, and whether her mistress did uot 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 raistress, par
ticularly 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 teU her ; and
that she did entertain her friends in the suraraer house
now and then with a bottie of wine ; aud when her
mother asked who was there ? her mistress would say.

SPENCER COWPER AND OTHERS 217
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 some
times 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 aU night?
Mrs. Mince — She hath said, she could not teU 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 raan officiously to make a new visit in
the time of the assizes, one engaged in business as I
was, and especiaUy upon so raelancholy an occasion ;
I say for rae 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, nothiug
of this could have happened.
Hatsell, Baron — Mr. Cowper, he is not the prose
cutor, I think it is no matter what he said.
vol. ii. p

2i8 STATE TRIALS
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

SPENCER COWPER AND OTHERS 2ig
there tUl eleven o'clock. Rogers and the vritness
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, aU 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 beUeve
Mr. Stephens raight 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 possibiUty I raight, because
I had heard she had denied MarshaU'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
toit?

220 STATE TRIALS
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 uot think Mr. Marson would
have come that day, and therefore we prorided 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 ofthis gentlewoman; but I never saw her in
my life, nor heard of her name before she was men
tioned 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.

SPENCER COWPER AND OTHERS 221
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
ofhis coming to Hertford.
Rutkin — My lord, I carae to wait on the raarshal
of the King's Bench to Hertford, and when we were
corae 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 tUl about seven
o'clock ; and between seven and eight o'clock came
Mr. Marson and Dr. Hanks to town, and then we

222 STATE TRIALS
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 concemed 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
raanagement, had done more against these gentleraen
than aU the prosecutor's witnesses could do besides.
To add to that I have another piece of evidence that I
have just been acquainted with ; ray 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

SPENCER COWPER AND OTHERS 223
lay the sheets for the men in Gurrey's house, and
whUe 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 Uttie,
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 coraes, and woiUd have the whole scherae 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.

224 STATE TRIALS
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 caU 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 remeraber that.
Mr. Stout — I would have caUed 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 : —

SPENCER COWPER AND OTHERS 225
The other witnesses that carae afterwards, speak
concerning the finding of the body in the river, and
teU you, in what posture it was, I shall not under
take to give you the particulars of their evidence ; but
they tell you she lay on her right side, the one arra
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, conceming
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 her
self, 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 iraagine what there should be to
induce this gentlewoman, a person of plentiful fortune,

226 STATE TRIALS
and a very sober good reputation, to destroy her
self.' 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 gentleraen that carae 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 tirae. "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 raake of it. As to
Mrs. Stout, there was no sign of any circle about her
neck, which, as they say, raust have been if she had
been strangled ; sorae spots there were ; but it is
said, possibly these might have been occasioned by
rubbing against some piles or stakes in the river.
Truly, gentiemen, 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 raore
of the evidence.
The jury then retired, and in half an hour

SPENCER COWPER AND OTHERS 227
returned with a verdict of Not Guilty as to aU
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 I8I9. The effect of such a pro
ceeding 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 dis
covering 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 ofa gross contempt, and

228 STATE TRIALS
heavUy 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 EngUshman. The court of king's bench, to
show their resentraent, 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.

SAMUEL GOODERE AND OTHERS

SAMUEL GOODERE AND OTHERS
On the 18th of March 174.1, at the Bristol Gaol-
delivery, Samuel Goodere,i 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

' Samuel Goodere (1687-1741) entered the na"vy in 1705,
served through the "War of Spanish Succession, but in 1719 waa
found guUty 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 temporarUy appointed
to another ship for rank in 1733, He was then Uving with his
father, who had quarreUed with John ; and apparently John
had quarreUed with his wife, who was supported against him
by Samuel. The father's "wiU disappointed both sona, and
John, having cut off the entaU 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 sona ; it aeems doubtful whether
they succeeded to the baronetcy. The elder died inaane. The
younger became a poor knight at Windaor, and dropped the
name of Goodere. He made himaelf conapiouous by the
oddity of his behaviour. He beUeved that a smaU aum of
money expended in law-proceedings would reaUse 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 respectfuUy with
a printed proposal of marriage. He died in 1809. 231

232 STATE TRIALS
Serjeant Michael Foster,^ The trial was ad
joumed 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 un
defended. Vernon opened the case. He began —
May it please you, Mr. Recorder, and you, gentle
men 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 irapossible for human
nature uot to feel some emotions of tenderness at so
affecting a sight as now presents itself at the bar ; yet,
gentleraen, should the guilt of this black and frightful
murder be fixed upon the prisoners (as frora ray
instructions I fear it wUl be), pity must then give
way to horror aud 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 accompUce in
the ruffianly execution of it, should be to share the
coramon fate of ordinary malefactors.

I Sir Michael Foster (1681-1763) entered Exetei CoUege
1705, was caUed to the Bai in 1718, aud practised locaUy at
his native town of Mailboiough. He became Recoidei of
Bristol in 1735, and a piuane judge of the King's Bench in
1745. He enjoyed a gieat reputation as a master of Ciown
Law, aud was the authoi of the weU-known Diaeoij/nes on
that subject.

SAMUEL GOODERE AND OTHERS 233
He then proceeds to point out that the indict
ment alleges that Mahony strangled the deceased,
and that Goodere was present aiding and abetting
him in the act ; that therefore it would be im
material for the jury which of the two actuaUy
committed the act, if they were acting together;
and that it would not be material whether they
strangled the deceased with a rope, a handker
chief, 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
o"wing to various causes, particularly because Sir
John had cut off the entail of a property in
Worcestershire, to which Goodere would other
wise 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
caU, 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 recon
ciUation, 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;
VOL. II. 9

234 STATE TRIALS
and Goodere, commending the view from a closet
above the porch, ordered breakfast to be pre
pared 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 woiUd 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 them
selves 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 retum 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

SAMUEL GOODERE AND OTHERS 235
on board. Accordingly, on the Sunday, Goodere,
the barge-men, and the privateersmen, all met
at the White Hart ; and at three in the after
noon Goodere went across to Mr. Smith's. There
he met his brother, with whom he spent some
time, conversing and drinking with him appar
ently 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 by
standers 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

236 STATE TRIALS
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 mid
night 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 pro
secution 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 coqrt, an exception

SAMUEL GOODERE AND OTHERS 237
being made in favour of Mr, Jarrit Smith, who
claimed a right to be present as he was prose
cuting 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 caUed, 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 tirae after they were gone, I saw sir
John, and told him that Mr, Goodere had applied to
me to do aU 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

238 STATE TRIALS
where sir Edward lay dead, in order to do him some
mischief, and he apprehended to take away his life.
Shepard — I raust subrait 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 iutroductory 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 appUcation 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. Sraith.
Smith — After sir John had repeated several stories
of this sort, he concluded at last (as I told you before).
And why, Mr. Sraith, 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 teU me, that he would see him, and bid rae
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 hira, 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
ou that estate ; I am next in remainder, and they will
run a risk of losing their raoney, I do assure you ;
and he cannot borrow a shilling on it without ray
consent : but if my brother was reconciled, then, if

SAMUEL GOODERE AND OTHERS 239
we wanted money, we raight do it together, for he
cannot secure it alone. He told rae, that he should
take it as a great favour, if 1 could fix a time as soon
as I could to bring thera together. Soon after I saw
sir John, and he told rae he was very deaf, and was
advised to go to Bath, and then appointed to be with
rae on Tuesday, the ISth 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 ISth of January last, and desired hira to he in
the way, for sir John was always very punctual to his
appointraent ; and if business or anything happened
to prevent hira he always sent rae a letter. Mr.
Goodere thanked me, and told rae he would be in
the way; and on the Tuesday raorning sir John
carae to rae on horseback, just alighted and came
into my office. I asked hira 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 towu therefore hoped he would sit down
a Uttle, for that I had promised him to bring them
together. He said, I can't now, but you shaU see
me again soon, and then I may do it. I asked him,
when shaU I see you again, to finish the business
you and I are upon? the writings are ready, name
your own time, the raoney wUl be paid. He appointed
to be with me on Monday moming to settle that
business ; and said, I shaU corae to town the Saturday
or Sunday before, and when I corae I wiU let you
know it : he then mounted his horse and rid off.

240 STATE TRIALS
Shortly after (as I was going to the Tolzey) at, or
under Blind-gate, I raet 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 moming next on business, and I expected
him to be in town either the Saturday or Sunday
before. I then had raany compliments from Mr.
Goodere, and he said, how good it would be to raake
up the raatter between him and his brother. I heard
nothing of sir John being in town tiU 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 captaiu
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
tirae 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 tirae at my house. No, says he, I don't think
that wUl be so weU, I think it would be better for
you to send for rae. I returned to my house, and
ray servant told rae that sir John had called, and that
he would be here again presently. Whilst my servant
was telling this, sir John came iu ; I took hira by the
haud, and asked hira how he did ? I thank God, says
he, I ara something better ; and after I have settied

SAMUEL GOODERE AND OTHERS 241
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 rae leave to
send for him ; you know you said you would see him.
With aU my heart, says sir John, I know I gave you
leave. I theu 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 retumed,
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 aud a bottle of wine, and filling a fuU glass,
I said, sir John, give rae leave to drink love and
friendship. Ay, with all ray heart, says sir John;
I don't drink wine, nothing but water ; notwithstand
ing, I wish love and friendship. Captaiu Goodere
fiUed 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 weU, and I
thought I could have reconciled thera. The cork lying
out of the bottle, captain Goodere takes up the cork
in his hand, put it into the raouth of the bottle and
struck it in very hard. I then said, though sir John
wiU 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 Here
fordshire and goodness of the land) in a very pleasant

242 STATE TRIALS
and friendly way, sir Johu rose up, and said, Mr.
Smith, what time would you have rae be with you
to-raorrow raorning ? 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 foUowing ; I stopt
hira, 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 thiugs
for you. He paused a Uttle and said. By God, it wiU
not do ; and in a very short time the captaiu went
very nimbly down the steps, I followed him to the
door, and observed him to go after sir John down the
hiU ; 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,
aud tbey ran up to captain Goodere. I heard him
say. Is he ready ? (I thought he raeant 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 hUl, and had it not been by mere accident
I should have followed him (but some people think
it was weU I did not), for I promised ray wife to return
to the house where we dined in Queeu's-square, where
I went soon after.
Mr. Recorder — Mr. Smith, did they aU 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 carae
out of the ale-house went toward the lower green some
of them. About 6 o'clock in the evening, as I was
riding up the hill towards the CoUege-green I ob-

SAMUEL GOODERE AND OTHERS 243
served a soldier looked hard at rae into the coach, as
if he had something to say, and seemed to be iu a con
fusion. I walked into the court, the soldier with rae,
and then he said, I am informed. Sir, your narae is
Mr. Jarrit Sraith. Yes, says I, it is. (What I am
now going to say, Mr. Recorder, is what the soldier
told me.) He told rae, that as he was drinking with
a friend at the King's Head ale-house at the Lirae-
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-briraraed hat flapping. He described this
exactly, and told me Ukewise, that the captain of
the man-of-war and his crew had got the person into
custody, and by force had put hira on board the raan-
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 teU
him how I am used : and thatthe 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 ray house, told me that

244 STATE TRIALS
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, wiU you inform us by
what name the unfortunate gentieraan (you are speak
ing of) was commonly caUed ?
Smith — Sir John Dineley Goodere ; his raother 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 frora your house
on Tuesday, was he alone, or had he any attendants
with hira ?
Smith — Sir John was weU 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 raet captain Goodere that very day at
Blind-gate, and told him of it ; and he said, he had
raet his brother himself.
Vernon — Pray, Sir, did Mr. Goodere teU you, to
whora the estate would go on sir John's death ?
Smith — Yes, he has often said he was the next
remainder raan, and that the estate would corae 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

SAMUEL GOODERE AND OTHERS 245
for him to the Court, and that the Court will then
be pleased to put thera 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 sarae 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 hiraself to the Court,
He then asked Jarrit Smith one more ques
tion, to which he replied,
Vernon — Sir, I think you were present when
Mr, Goodere was brought to Bristol after his brother's
being kiUed ; 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.

246 STATE TRIALS
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
tiU 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 ques
tions 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 hira
that I was satisfied that it was a good title.
Goodere — I ask you if you knew hira 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 there
fore 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

SAMUEL GOODERE AND OTHERS 247
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 descrip
tion 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 ques
tion, 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
Johu Dineley Goodere baronet, then. Sir, we should
probably have been told that we had faUed in proof
of the identity of the person, for that the baronetage
was iu its creation annexed to, and made a concomi
tant 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 raaternal name of Dineley,
and so upon the matter no such person as sir
John Dineley Goodere baronet ever existed in rerum
natura.^

1 After mentioning certain obsolete rulea relating to indict-
menta. Sir Jamea Stephen aaya : — ' 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 adminis-

248 STATE TRIALS
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 hear
ing 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 famiUar "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,^
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.

tration 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, aa they did mitigate, thongh
in an irrational, capricious manner, the excessive severity of
the old criminal law ' (Hist. Grim. Laiv, vol. i. p. 284),
1 It is curious that Shepard did uot take the point that the
prisoner waa not described as a baronet, whioh he in fact
became on hia biothei's murder, TiU recently such an objec
tion would have been fatal.

SAMUEL GOODERE AND OTHERS 249
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
gentieraan at the bar) applied to you about coming to
your house ; if so, pray teU 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 usuaUy sit to look out. WUl
you please to let rae 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
wUl 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. Land
lord, can't you open thera 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
VOL. II. R

250 STATE TRIALS
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 sorae coffee for break
fast. I told hira, she should corae down presentiy,
but I had much rather he would go down to the
coffee-house, where he would have it in order. No,
says he, I wUl 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
raore came in ; I did not know Mahony's name ;
when they carae in, the captain was above stairs ; he
directed rae to make his raen 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, hut where, or what for,
I did not know.
Vernon — Did Mahony, when he went up stairs, go
iu 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 welcorae, 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

SAMUEL GOODERE AND OTHERS 251
church ; and I had some glimpse of him, and heard
the captain say. Look well at hira, 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 carae in.
Vernon — Did sir John and his man appear to have
any arras ?
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 some
thing 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 roora in another company, which I did not
know belonged to the captain, until he ordered six
pints of ale for them. The captain ordered entertain
raent 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 hira.
Hobbs — As soon as sir John went down the hiU,
this Mahony stept up to the captain and came down
again, and he and the other three in his company
went down the hUl, and the captain followed them ;
the "clothes which the captain pulled off were left in

252 STATE TRIALS
the room ; wheu 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
corae 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 mUe or two out in the
country. Mahony asked credit for a tankard of ale,
and said his master would come up on Saturday
foUowing, and then he would pay for it : WeU, said
I, if he is to corae up on Saturday, I will not stand
for a tankard of ale ; but if he don't corae, how shall
I have my reckoning? Says Mahony, I live at the
Scotch arras in Marsh-street. Well, said I, I vriU
not deny drawing you a tankard of ale, if you never
pay rae. Said he. You had best get the roora 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. MTien 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 iu his hand ; a porter brought him the things.
Vernon — Do you know any thing of what happened
on the Sunday foUowing ?

SAMUEL GOODERE AND OTHERS 253
Hobbs — ^Yes, Sir; the Sunday morning Mahony
carae 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 wiU 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 gentieman go up with the
black cap before that time, do you send a porter to
me to the Scotch arms, I told hira I had no porter,
and could not send. About 3 o'clock in the afternoon
when he carae again with a person who had a scalled
face, and one or two raore, a man who lodged in the
house came and told me, that they wanted to go up
stairs ; but I would not let thera, because it was in
service-tirae. They all went into the parlour, and
had a quart of ale, and when that was drunk, Mahony
caUed for another ; and then eight or nine raen raore
carae and caUed for ale, and went into the parlour, but
StiU kept looking out ; and one of them being a little
feUow, I don't know his narae, kept slamming the
door together, ready to break the house down. Says
I, Don't break ray house down about ray ears, don't
think you are in Marsh-street ; then the little fellow
carae up as if he was going to strike me, as I was
coming up out of the ceUar with a dobbin of ale in
ray hand, for a gentleman going to the college ; I
saw this gentieraan (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

254 STATE TRIALS
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 gentle
man to be ?
Hobbs — The gentleman that rode down the
Tuesday. One op 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 rae at all that day ?
Hobbs — Yes, Sir, I saw you go into Mr. Jarrit
Smith's; and when you carae down the hUl, after
the gentieraan in the black cap, you called out to
Mahony and his corapany, 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 raen
say. There goes our captain, or else I had not looked
out.

SAMUEL GOODERE AND OTHERS 255
Mahony — I beg leave, ray lord, to ask him, who it
was that the captain bid Mahony to look sharp to ?
Hobbs — The gentieraan with the black cap.
The Recorder — Was the gentieman in the black
cap, at whose going by they aU rushed out, the same
gentleman whom you had seen before go to Mr,
Jarrit Smith's ?
Hobbs — Yes, Sir, but Mahony gave half-a-crowu
for my reckoning, aud as they rushed out so hastily,
I was afraid they had takeu away my tankard ; for
which reason I went to look after it, and saw no
more, Thomas Williams, swom.
Vernon — Mr. WiUiams, I think you belonged to
the Buby 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 — WiU you give an account of what you
know in relation to the ill-treatment of sir Johu
Dineley Goodere ? TeU all you know about it.
Williams — I came up on Sunday the 18th day of
January last for my commander, weut 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-kUns ? I told him that I knew the lime
kilns, aud at last I recollected that I did remember

256 STATE TRIALS
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 rae 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 rae, if I knew the White
Hart in the College Green ? I told hira, I did, and
he directed me to take eight men up with me to the
White Hart, and let two reraain in the boat for I
have a gentieraan coraing on board with rae. I did
as I was ordered; and when I came to the White
Hart, I saw Mahony and sorae of the privateer s
men with him there in a room ; I did not Uke 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 hira 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 thera ; they had
the gentleman iu possession before I came to them,
and were dragging him along, I asked them what
they were at ? One of the privateer's raen told rae,
if I did not hold ray tongue he would throw me
over the key into the river, and immediately captain
Goodere carae there hiraself; The privateer's men
asked what they should do with him, and he directed
them to take him on board the barge. I foUowed 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

SAMUEL GOODERE AND OTHERS 257
murderer, he had killed a man on board the man-of-
war, and that he had run away ; they had carried him
before a raagistrate, and he was ordered back to the
raan-of-war to be tried by a court-raartial.
The Recorder — Was the captain "within hearing at
the tirae 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 frora the
cold, hut sir John said he did not want a cloak, neither
would he have it. The privateer's men wanted rae 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 gentieraan
stauding whora 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 rae 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?

258 STATE TRIALS
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 rae
on board ship and raurder 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 frora 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. WilUams, you have not told us aU
the particulars of sir John's treatment between the
seizing and carrying him to the barge.

SAMUEL GOODERE AND OTHERS 259
Williams — One of the raen had hold of one arra,
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 hira ?
Williams — Sometiraes 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 ?
WiLiiiAMS — At a pretty great distance ; I walked
just before them ; I saw them take hira 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 un
usually 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, swom.
Vernon — WUl you give an account to Mr. Recorder
and the Jury of what you know relating to this
business ?

26o STATE TRIALS
Trivett— Ou Sunday the 18th of January last, I
was at a public raeeting 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 foUowed them : their answer was, it
was a midshipman who had coramitted murder, and
they were taking him down to the ship to do hira
justice; other people likewise followed, enquiring
what was the matter the gentieraan 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 raake raore haste ?
Trivett — I believe that is the raan, my lord. On
the gentleman's ordering them to make raore haste,
five or six of thera caught him up in their arms, and
carried hira along ; and as they were got down about
the corner of Mr. Brown's waU, he insisted upon their
making more dispatch, and then they hurried him
as far as captain Osborn's dock. By that tirae 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 tiraes, and said, they were
taking him on board to kUl him, he believed. As
they were going with him along, he cried out to
Mrs, Darby, For God's sake assist rae, 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 hira. They pushed hira along
to Mrs. New's house, and made a little stop there.

SAMUEL GOODERE AND OTHERS 261
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 hira on board, and put him to sit down in the
stern-sheet: then he cried out, Por God's sake,
gentiemen, 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 hira, and
before he could say any more, that gentleman (point
ing 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 wiU take care that they
shall never have any more of you ; now I '11 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.
Charmseury — On Sunday the 18th of January last,
between the hours of four and five in the afternoon,
I was on board the ship caUed 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 hira, and he made a noise. I
went towards thera, to see what was the raatter, and
at Mr. Stephen Perry's counting-house (they rested)

262 STATE TRIALS
I asked, what was the raatter ? They said, he had
killed a raan on board a raan-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
hira to be Mahony, carae up to rae, 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
corae near thera. Then said Mahony, Damn ye, here
coraes the captain. Iraraediately I turned about, and
saw a gentieraan 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 gentieraan
the prisoner at the bar. They took up the raan in
the scarlet cloak again, and carried him so far as
coraing out from the lower College-green into the
rope-walk : the prisoner Goodere came up to them
and ordered thera to raend 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 hira, where they settled his clothes,
and in the raeanwhUe the prisoner Goodere came up
to them again, and ordered thera to raend 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, aud

SAMUEL GOODERE AND OTHERS 263
cai'ried hira 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 hira, and set sir John on the
starboard-side, and the prisoner Goodere on the
larboard-side ; then sir John cried out. Murder ! you
gentleraen that are on shore, pray teU Mr. Jarrit
Smith that ray 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?
Chabmsbury — That gentleman the prisoner at the
bar. The boat was so fuU, 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 con
tinuaUy crying out, they went out of sight, and I saw
no more of them.
Mrs. Darby, who lived at the limekUns, 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

264 STATE TRIALS
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 ofthe Ship, swom.
Vernon — Will you tell Mr. Recorder and the jury
what you know conceming 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, gentiemen?

SAMUEL GOODERE AND OTHERS 265
Excuse me, gentleraen, from going the right way
to-night, for I have brought an old mad fellow on
board and I raust take care of him. I saw a gentle
man with a black cap coming up the ship's side, and
his groans shocked rae, so that I could not help him ;
he looked much surprised as a person used iU; as
soon as he was on board he was "taken into custody,
and carried by the captain's orders down to the cock
pit, and put into the purser's cabin, aud a centinel
ordered upon him; and I saw him uo more at that
time. Next raorning 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
iuto the purser's cabin ?
T. Court — ^The captaiu 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 con
siderable 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 lieu
tenant) did not secure the captain, he would write to
the board ; we had several consultations in the ship
abo;<t it. The captain sent for me to break&st with
him : I accepted his invitation ; I can't say but he
behaved with a very goocl name tq all the people on

266 STATE TRIALS
board. Abouft 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 shaU 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
carae up, and said sir John was raurdered ; and that
he lay on his left side, with his leg up crooked. I told
them, gentiemen, 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 raethod was agreed ou for that purpose. Aud as
soon as the captain was taken, he declared he was
innocent of it, that he knew not that his brother
was raurdered. 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 captaiu ordered it to be done.
Vernon — Is it usual to place a centinel at the
purser's cabin-door ?
T. Court — No, it is uot ; 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, part
ing the slop-room frora the place where sir John lay
confined.

SAMUEL GOODERE AND OTHERS 267
Vernon — Pray, will you tell us whether any and
what discourse passed between Mr. Goodere and you,
about saiUng, and when it was ?
T. Court — Sir, in the morning he asked me, WUl
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 pUot 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 rae 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, wUl 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 — CaU Mr. WUliams.
William Williams produced a watch which he
had found in a vault in Back Street. CuUiford,
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 after
wards admitted that she had thrown it into

268 STATE TRIALS
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 gentle
man. On the 18th, the barge came alongside
the ship, about seven in the evening, with the
gentleman in it. The witness stood in the gang
way to receive him.

SAMUEL GOODERE AND OTHERS 269
When he came up, I heard him make a moan, and
the captaiu said, I have brought a raadman on board,
bring him along, I will bring him to his senses by-
and-by. I saw them take him along the gang
way. 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 rae to come up to him,
aud 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, aud 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 tirae at the
door, and then said. Give me the sword, and do you
walk upon deck, for I waut to speak to my brother
iu private. Soon after this Mahony weut 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 strangUng hira. 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 hang
ing up there, and he gave the candle into the
cabin. The Recorder — "Where was Mr. Goodere wheu you
heard the cry of murder ?

270 STATE TRIALS
Buchanan— In the cock-pit by the purser's cabin-
door, with the sword in his hand.
The Recorder- Wliat tirae of the night was this?
Buchanan— Between two and three o'clock ; I Ughted
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 hack, he
called for a candle, and I carried one down, and he
gave me the sword, and bid rae 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 teU exactly.

SAMUEL GOODERE AND OTHERS 271
The Recorder — Recollect as weU as you can.
Buchanan — About three quarters of an hour.
The Recorder — And could you see who was at
the purser's cabin-door aU 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 frora you.
Vernon — Whom did you see go iuto 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 raurder, 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 1 hey ! what have
I done ? We told him his brother was murdered, and

272 STATE TRIALS
that he had some concern in it. He said, 'What if
the rillains have murdered my brother, can I help it ?
I know nothing of it.
Goodere — Did you see me in the cabin at aU ?
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 with
out 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
wheu you heard the groans ?
Buchanan — I am positive you were there in the
purser's cabin wheu I heard the murder cried out.
Daniel Weller, swom.
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
iu 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 uow brought him ou board to take care

SAMUEL GOODERE AND OTHERS 273
of him : he took him down to the cock-pit, and having
been there a little while, one of my people carae 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 holt the crazy gentieman in. I gave him a
bolt ; after he had naUed 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 naUs. The door being opened, sir Johu 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 uaUs. Sir John bid me sit down, and
asked me. What does my brother raean by bringing
me on board in this manner, to murder me ? No, Sir,
says I, I hope not, hut to take care of you. He asked
me, if his brother told rae that he was mad ? I saw
no more of him till next moming.
Vernon — And what did you see theu ?
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 iu the night, and had taken away the
key iu 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 Ueutenant 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

274 STATE TRIALS
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 upou 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 caU 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 con
cerning it.
Jones— About Wednesday or Thursday before this
happened, the captaiu said to me. Cooper, get this
purser's cabin cleaned out, for he said he ex
pected a gentleman shortly to come on board. I
cleaned it out; and on Sunday evening the gentie
raan carae on board, when the people on deck cried.
Cooper, shew a Ught. I brought a light, saw the
captain going down the cock-pit ladder, the gentie
raan was hauled down : he coraplained of a pain in
his thigh by their hauling him on board. The captain

SAMUEL GOODERE AND OTHERS 275
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 parser'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 ray brother
Sam is going to do with me ? And said. His brother
had brought him on board to raurder 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. Aud 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
uo manner of heed. Ts it not a sharae, said he, to
keep a gentleman in, after this manner? At last,
sorae other person spoke to the centinel, and says.
Why don't you go up and acquaint the captain of it,
that the gentieraan 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 gentieraan 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 raerit ;
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
hiraself, he knew that he was going to be murdered,
and prayed that it might come to light by one means

276 STATE TRIALS
or auother. I took uo 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 ray knees : I
saw a light glimmering iu at the crack, and saw that
same man, Mahony, with a candle iu his hand. The
gentleman was lying on one side. Charles White
was there, and he put out his haud to pull the gentle
man 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, weut 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
gentleraan'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 tiU by-and-by.
The Recorder — In what posture did sir John Ue
at that tirae ?
Jones — He lay iu a very uneasy manner, with one
leg up ; and when they moved him, he stiU 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

SAMUEL GOODERE AND OTHERS 277
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
haud 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 thau 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 i"t
The Recorder — ^Was sir Johu ou 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
whUe. 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 raean time, but my wife
desired me not to go, for she was afraid there was
somebody at the door that would kill me.

278 STATE TRIALS
Vernon — What more do you know concerning this
matter, or of Mahony and White's being afterwards
put on shore ?
Jones — I heard sorae talking that the yaul was to
go to shore about four of the clock in the morning,
and sorae of us were called up, and I iraportuned 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 ray 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 kiUed 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 kiUed that gentieraan. 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
fouud 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 uot, I wUl, said I. I went up to the Ueu
tenant 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 lieu
tenant. In that interim, whUst we were talking about
it, Mr. Marsh the midshipraan came, and said, that
there was an order to carry White and Mahony ou
shore. I then swore they should not go ou shore, for

SAMUEL GOODERE AND OTHERS 279
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
gentieraan is murdered between them. I did not see
Mahony and White that moming, 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 Ueu
tenant wanted the captaiu to drink a glass of wine :
the captaiu would not come out of his cabin ; then the
Ueutenant went in first ; I foUowed him. I told the
captaiu 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 ofthe 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 gentieman ordered by
Mr. Goodere into the purser's cabin).

28o STATE TRIALS
Mrs. Jones — About seven o'clock in the evening,
the 18th of last January, the captain (having been on
shore) carae 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 weU as you can. They
brought the gentleman iuto 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 puU them off. Aud the
gentleman said to Mahony, Don't strip me, feUow,
untU I am dead. The geutiemau 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 iu 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 gentieman 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 gentle
man 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 gentieman to go

SAMUEL GOODERE AND OTHERS 281
to sleep. He said, I cannot sleep. They talked
together a great whUe. Mahony said, I ara to go on
shore in the raorning, aud if you have any letters to
send to Bristol, I will carry them for you. I heard
somebody say to the gentieraan, You must lie still,
and not speak a word for your life. Some minutes
after I heard a great struggUng ; 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 hira. I shook ray
husband, told him that somebody was stifling the
gentleman. 1 heard two people in the cabin whisper
ing; 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 corae into the cabin, but I heard
one of the persons on the inside say. Keep out, you
negro ; and then a great noise was raade ; 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
gentieman's pocket, Oue 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
vol. ii. t

282 STATE TRIALS
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, FoUow me, boy. Aud
they weut to go upon deck through the hatch-hole,
which is au uncommon way ; and that is aU I know.
The Recorder— Mr. Goodere aud Mahony, do
either of you ask this witness auy questions?
Goodere — ^No.
Mahony — No.
James Dudgeon, swom.
Vernon — Mr. Dudgeon, I think you are the sur
geon's mate belonging to the Ruby ?
Dudgeon— Yes, Sir.
Vernon — Give Mr. Recorder and thejury 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 rae 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 ;
sorae of our people seeing the barge a-coming they
said. Our captain is coraing on board with his brother
sure enough : but instead of coming up the quarter
deck, the captaiu weut down upon the main-deck,
and I StUl 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 captaiu being there, said. Doctor, I

SAMUEL GOODERE AND OTHERS 283
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 Ukewise.
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 Johu replied. No ;
for, said he, I have not drank any thing of that nature
for two years past ; he groaned several tiraes. 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 hoard, and wUl take care you shall
want for nothiug. After the captain was gone. Cole
wanted to go in, but the centinel would not let him ;
teUing 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 rae 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
moming might be the best time ; because the gentle
man may be much confused by being brought do"wn 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 captaiu went out again, and
forthwith the door was shut upon me : which very
much surprised me, to think that the captain should

284 STATE TRIALS
leave me with a madman, and I observed the captain
to peep through ; I then asked the gentleman what
he mostiy 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, aud that he felt a severe
pain in his head. I was going to ask him some
raore questions, but the captain caUed me, and said.
Don't ask him any more questions, but only feel his
pulse, Theu the centinel opened the door, and I
came out, and the captain aud 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 weut up the ladder,
and a little while after he came down again ; there
were two midshipmen with me iu my place, and when
the captaiu 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 gentle
man 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 wiU
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 tumbUng 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

SAMUEL GOODERE AND OTHERS 285
thought you had been about the thing which I sent
you to do ; which I take to be getting the money
out of the gentieman's pocket. No, Sir, said he,
I chuse to do it after he is asleep. Very well, said
the captain. Theu the captain spoke to the raid-
shipman, 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 teU 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 tUl 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 any
thing 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 weut up to the captain and he
came down, and said, he was sorry that the gentle
man 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 aud him talking together, and
he asked Mahony, what his brother was going to do
with him ? What, says he, does he say 1 am mad ?
Formerly I used to be so, but now I have not tasted
any thing stronger thau water these two years. But,
said he, to be sure these fellows are not sailors who
attacked me this day ; they are not saUors, for, if so,
they are sadly degenerated from what sailors were

286 STATE TRIALS
formerly, for I myself have been at sea, and might
have been a commander. About half au hour after
ten, I fell asleep, but was very uneasy. About twelve
the centinel was sent for to go up to the captain, hut
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 raatter ?
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, aud all was pretty quiet. A
littie time after that, Mahony called for a light, and
the cabin-door was opened, and a Ught 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 coraing out of the cabin, and heard
Mahony say, which way shaU 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 raore noise, let rae
know it; but I thought within myself, that he was past

SAMUEL GOODERE AND OTHERS 287
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 Uquor, and he asked
the centry whether he had made any noise lately?
To which he repUed, You may tell the captaiu 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 coraraands on shore,
for the boat was going up ? I told him. No ; but per
ceiving by his voice who it was, I caUed him to come
to me in the dark, and I whispered, and said to him,
Mr. Heathorne, here hath been a heUish 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 cap
tain, said he, hath been down several times to-night,
and that he had taken the sword from hira. Just
after this, in came Edward Jones, the cooper, and
his wife shaking and trembling ; and said, Wliite aud
Mahony had murdered the gentleman sure enough.
I told thera, I did believe they were both going on
shore ; and I would, said I, have you tell the lieu
tenant what you saw of the raatter, and let him know
that I am of the sarae opinion with you : but do you
first go into the steward's roora, and draw the scuttle,
and then you '11 see whether he is dead, or no. Upon
which they went and drawed the scuttle, and a cat
fled in their face, and they fouud the gentieraan lay

288 STATE TRIALS
in the same posture as White aud Mahony left him.
I then bid them go and tell the lieutenant the matter,
that those feUows 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 hira,
that I beUeved sir John was actuaUy murdered ; for,
said I, there have been a terrible noise iu the cock
pit to-night, and the captain himself was there this
morning when 'twas almost three o'clock, and the
raen that were with hira 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 gentieraan is dead,
or no. About eight o'clock in the moming I went
to him again ; but he told rae 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 rae 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 ou board, and went
to the lieutenant's cabin; and the lieutenant told
that gentieraan, that they were then going to seize
the captaiu, for it was believed that he had beeu
accessary to the murder of his brother. Immediately
a message was brought by one of the men, that sir
Johu was dead : upou which the captain was forth
with seized by eight or ten men.

SAMUEL GOODERE AND OTHERS 289
Vernon — How far was your cabin frora the purser's?
Dudgeon — I can't say certainly, but believe about
three yards.
Vernon — Did you view the body of the deceased
whUst he lay dead in the purser's cabin ?
Dudgeon — I did.
Vernon — And did you find any visible marks of
riolence upon him ?
Dudgeon — Sir, I saw no rope, but he had a neck
cloth about his neck, and there were sorae 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 corae down ; and soon after I saw Mahony,
that man there (pointing at the prisoner Mahony),
also come down. I stopt him, aud asked him where
he was going ? Daran your blood, you son of a bitch,
what is that to you ? How busy you raake 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 rae, 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

ago STATB TRIALS
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 CulUford. 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 CuUiford, of the Brockware Boat, re
ceived the watch from Mahony. She had it
in her possession about two hours before and
two hours after he was taken up.
This young raan (meaning the prisoner Mahony)
was drinking in my house, he puUed out the watch,
delivered it to rae, 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 iuto towu, aud had the watch in ray
pocket ; when I carae back, my chUdren told rae 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 Pussell — I had this handkerchief from Mahony
on the 19th of January last, the night when we took
him, I found it ou 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 ray pocket.
John Mitchel, the chief clerk to the Town
Clerk, produced the examination of Matthew

SAMUEL GOODERE AND OTHERS 291
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 aud county of Bristol, to wit The voluntary
Examination and Confession of Matthew Mahony,
a native of Ireland, aged about 21 years. This
Examinant confesseth aud 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 ou board the said raan-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, aud WUliam 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 Johu 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 carae up with him, and

292 STATE TRIALS
told him there was a gentleman wanted to speak with
him ; and he, asking where the geutiemau 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 exarainant and corarades sorae
times 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-weU (captain
Goodere being sometiraes a little behind, and some
tiraes 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 raurder a great many tiraes ; and wheu he
was put into the barge, called out and desired some
body would go to Mr. Jarrit Sraith, and tell hira of
his ill-usage, and that his name was sir Johu Dineley ;
whereupon the captaiu 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 raen row away, which they did ; and iu their
passage to the man-of-war, the two brothers bickered
all the way. But when they carae 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 tirae with him, and treated him with
a dram of rum, and then left him for a considerable
time ; and in the interira sent for this exarainant into
his, the captain's cabin, and there told this exarainant
he raust murder his brother, for that he was mad,
and should not Uve 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

SAMUEL GOODERE AND OTHERS 293
he had brought him there with intent only to bring
him to reason, and take care tbat he should not spend
his estate in law, and to have a perfect reconciliation :
but the captaiu stUl 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 au affair, bid
this examinant call one Charles White, a very stout
lusty fellow, and the captain gave hira a dram, and
bid him sit down, and soon gave other drams, and
asked hira if he could fight, and told him. Here is a
madman, he raust be raurdered 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 cap
tain 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 hiraself to this examinant aud the said
Charles White, You must strangle him with this rope,
and at the sarae tirae gave the handkerchief now
produced, that in case he raade a noise, to stop his
mouth ; and said, I will s"taud sentinel over the door
whilst you do it ; and accordingly instantly went out
of his own cabin, and turned the centinel frora the
purser's cabin-door, and let this exarainant 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 Johu with his hands,
aud theu put the rope about sir John's neck aud

294 STATE TRIALS
hauled it tight, and sir Johu struggled, and en
deavoured to cry out, but could not. And this
examinant confesses, that whUst White was strangUng
sir Johu, 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 ; aud 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 ; aud the captaiu caUed out.
Have you done ? they repUed, 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 iu 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 exarainant 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 exarainant
confesses and saith, ITiat before and after the murder
was committed, the captain, Charles White, and this
exarainant consulted what to do with the corpse;
and the captain proposed to keep it two or three days
iu 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 hy captain
Goodere, that, if they raet with any resistance,
they should repel force by force, aud were pre-

SAMUEL GOODERE AND OTHERS 295
pared 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 sheriffs 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 mad
man ; 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.

296 STATE TRIALS
Mr. Marsh, sworn.
Goodere — Did you go ashore iu the morning about
the king's business, or what business did you go about?
Marsh — I had au 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 Ad
miralty, aud about four of the clock iu the morning
I was caUed up to go : but the lieutenant seemed
much disordered, and bid rae come to him before I
set out. I waited ou the Ueutenant, aud told him,
that White aud Mahony said they had liberty to go
on shore, that the captain had given them liberty
to go ; the lieutenant said, he knew nothiug 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 upou the king's
business, or on purpose to take up these raen ?
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 wiU do justice between raan and raan :
the qaptain did not give me orders to put them on
shore in any particular place.
Vernon — "Were they landed publicly or privately ?

SAMUEL GOODERE AND OTHERS 297
Marsh — I put them on shore at the Gibb, about six
of the clock in the raorning.
Goodere — Now, raay 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 caU 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. Kiug, wiU 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, aud
faU a-singing; aud 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, aud have the wheel-barrow
VOL. n. c

298 STATE TRIALS
rattling about the streets on a Sunday : he hath
ringed the bell to caU his servants up to his bed
side, and when they were come up, he would ask
them what they did there, and swear they were corae
to shoot him? He himself hath gone over aU his
grounds on a Sunday to pick sticks, and hath sent his
servants to raarket when there was none; and he
would be busy in every thing, and hang on the pot
hiraself; 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
Loudou, 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 Uved any time in
Bristol? Mrs. Kino — 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, swom.
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 house
keeper in Loudon, and told me he had a great many
servants, aud he wanted a housekeeper. 'When he

SAMUEL GOODERE AND OTHERS 299
brought me do"wn, 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 rae ; for, in
stead of a great raany servants, he had but one : a
poor old shattered house, ready to tumble down about
one's ears, aud the household goods aU 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
beU to call his servants to come to his bedside to him,
and when we have corae up to him, he hath asked us,
what we did there ? Sir, said I, you called me up ;
he hath said he did uot : 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 Uve with him.
I do beUeve he was a raadman, 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
hira a madman by his actions,
Vernon — And raust 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 caU him to prove ?
Goodere — My lord, iu order to prove sir John
Dineley a lunatic. Mr. Cock, wUl you give au account
to my lord and the jury what you know of the lunacy
of sir John Dineley ?

30O STATE TRIALS
Robert Cock, sworn.
Cook — My lord, I have known Mr. Dineley at
Charlton for some years ; I have been several times
iu 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 preseut 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 Johu was murdered, yet they have given
evidence of that, which (if the jury give credit to) wUl
amount to presence in the eye of the law.
Goodere — I shaU now call some witnesses to my
character, and likewise to shew how improbable it is
that I should be guUty of the murder of my brother.
CaU 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

SAMUEL GOODERE AND OTHERS 301
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 raoral
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 wiU ?
Watkins — I beUeve he told rae that sir John had
not the power to make a wiU ; I told him it was my
opinion, if they would be reconcUed together, sir
John's "wUl would not staud.
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

302 STATE TRIALS
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 hy some of
Mr. Goodere's witnesses that sir Johu 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

SAMUEL GOODERE AND OTHERS 303
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 wiU consider that
I was a poor, pressed servant, aud that I was drunk
wheu 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 aud brought before the magis
trates you were iu Uquor, but it seems your con
fession was not taken untU the next day.
Vernon then repUed on the whole case ; con
fining 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 kUled.
Shepard replied, trying to distinguish Goodere's
case from those which had been cited by Vemon,
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

304 STATE TRIALS
to prevent any persons coming who might pre
vent the murder, or to encourage those within
in the business they were about, they must find
him guilty on the indictment. He then re
capitulated 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 o"wn 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.'

INDEX

Albsmabls, Duke of, takes in-
foimation in Loid RusseU's
case, u. 36.
Albeit, Archduke, sends em
bassy to James i,,i, 3; Cob-
ham's connection "with, 24.
Aldridge, George, witness
against Cowpei, how he
left the town, ii. 170, 171.
Aleyn, Sii Thomas, "witness
against Col. Tumei, i. 170-
180, 186, 191, 192, 201.
Amy, Hemy, wounds of
Fiench and Loid 'Warwick ;
arrival at the Bagnio of
other duellists ; condition
of their swoids, ii. 101.
Andeiaon, Loid Chief -Justice,
i. 10.
Andiews, Doctoi, i. 22.
Anglesey, Loid, gives evi
dence in favoui of Lord
RnsaeU, 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 qtianel, 95,
AiabeUa, See Stewart, Lady.
AiabeUa. VOL, IL

Aiembeig, Duke of, ambas
sador of Henry rv,, i, 3;
overtures to, 3, 12, 19, 29,
35, 65; Baleigh'a account
of, 25, 47, 49, 57.
Argyle, Duke of, and Lord
RnaaeU's Plot, ii. 27.
Armatrong, Sir Thomas, and
Lord Russell, u. 8, 11, 13,
47; and the Rye House
Plot, 25.
Arundel, Lord, at Raleigh's
execution, i. 69, 71.
Atterbury, a "witneas in Lord
RusseU's trial, u. 32.
Axtel, Daniel, icgicide, i. 129,
150; statement by, as to
Hulet, 162.
BABmoTON, Di., witness
against Cowper, ii. 165.
Barefoot, Mrs., witness foi
Cowpei, ii. 214,
Barter, witneas against Lady
Liale, i. 249, 250; le-
examined aa to Dunne'a
statementa, 256.
Beavor, witnesa against
Peters, i. 152, 154,
Berry, James, found Sarah
Stout drowned, ii, 151
153,

3o6

STATE TRIALS

Blisset, Col,, "witness foi
Loid Wai"vrick, ii, 115-117 ;
Warwick gives Coote 100
guineas, 115 ; friendahip
between them, 116,
Blunt, Charles, Earl of Devon,
i, 9,
Booking, Jane, bewitched, i.
214 225,
Bowd, witness foi Cowpei,
as to Sarah Stout's melan
choly, ii, 239, 240.
Bownes, John, regicide, i.
129.
Bradshaw, John. See Charles
I,, i. 75-119, 76; discnsses
authoiity of Court, 80-87;
asks the Bang to plead,
91, 92; declaies sentence
settled, King to be heaid,
96, 97; final speech by,
103-117.
Biandon, Geoige, the execu-
tionei of Chailes 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;
CecU'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, "witneaa
against the Suffolk witches,
i. 327.

Browne, Thomaa, chairman,
witneas against Loid "War
wick, ii. 82-87; cairied
Coote to Leiceatei Fields,
83; tried to cany Coote
to the suigeon, 84; cioas-
examined, 81, 87.
Buchanan, Da"vid, witneaa
against Goodeie, ii. 268-
272; Goodeie and Mahony
at Sir John's cabin, 270,
271.
Biumet, Di., gives evidence
in favoui of Loid Russell,
ii. 40-44; accompaniea him
to the scaffold, 54.
Campbell, Sir  , and Loid
RusseU's plot, ii. 28.
Campian, Edmund, Jesuit,
1.47.
Capel, Loid, execution of,
i. 164.
Caiew, advises Raleigh to
escape, i. 70.
 John, regicide, i. 129.
Carpenter, Dunne's evidence
as to, ii. 68, 81; witness
against Lady Liale, 77.
Caatlewood, Lord, duel "with
Loid Mohun, ii. 130-135.
Cavendish, Loid, gives evi
dence in favour of Lord
Ruasell, ii. 42.
Cawthorne, witneas againat
Loid "Waiwick, ii. 68-82;
Fiench and Coote atart
fiom Locket's and letnm,
70, 71 ; quanel at Locket's,

INDEX

307

71; party leave Locket's,
71, 72; cioaa-examination,
72-82; heaid no quanel be
tween 'Warwick and Coote,
73 ; quanel at Locket's, 75-
82.
Chamberiain, Sir T., "witness
against Turner, i. 189, 190,
201.
Chandler, Susan, bewitched,
i. 214 ; state of, at the
Assizes, 214; evidence aa
to, 226; recovers on ver
dict, 234.
Chailes, Prince of Wales,
i. 6L
Charies i., tiial of, i. 75-119 :
assembUng of the High
Couit, 76-79; charge read,
79, 80; anthority of Couit
discussed, 80-83 ; the Court
adjourns and le-aaaemblea,
83 ; King charged, authority
of Court discnsaed, and
King lefuaea to plead, 84-
87 ; Court adjonins and
le-assembles, 89; SoUcitoi-
Geneial demands judg
ment, 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 de
mands to be heard by Loids
and Commons and is re
fused, 97-101; Biadaha"w'8
speech, 103-117; sentence
ou the Kiug, 118.

Chailes n. and the regicides,
i. 120-125.
Clement, seaman, witness
againat Co"wper, as to
coipses floating, ii. 166-168.
Clifford, Lord, witness foi
Lord RusseU, ii. 46.
Coatsworth, suigeon, "witness
against Co"wpei, ii. 168, 159,
163, 164.
Cobham, Loid. See Raleigh,
i. 1-71; in opposition, 2;
overtures to French and
Sjianish, 3; Raleigh accuaea,
6; avowa Raleigh'a guUt;
6 ; not a witness, 33, 37-39,
47-49 ; takes measage to
Aiemberg, 19; lettei to,
fiom Raleigh, 21 ; Baleigh'a
inatigation of, 21, 23; ex
amination of, 23, 24, 40, 41;
Raleigh'a reply to, 25, 26 ;
aecond examination of, 26,
27, 35, 45 ; Cecil'a examina
tion of, 28, 29; Coke's ar
gument as to Raleigh'a
compUcity with, 29-33;
Raleigh'a confession aa to,
36 ; letter to the lorda, 55,
56; to Raleigh, 56, 57.
Cochram, Sir John, and Lord
RnaaeU'a plot, ii. 28, 29.
Coke. See Raleigh'a trial, i.
1-71 ; opening apeech by,
13-23; on Raleigh'a con
nection with Cobham, 29-
33; on Cobham's lettei,
63-56; final aentence of
Raleigh by, 65.

3o8

STATE TRIALS

Cook, Johu, soUcitoi to the
Commonwealth, i. 79, 124,
129.
Coote, opening as to, iu Loid
Waiwick's case, ii. 65-68;
leaves Locket's fiiat and
letuma, 71 ; leaves "with
'Wai"vrick and Loid Mohim,
71, 72 ; no quanel with
Warwick, 73, 74, 76, 108,
110, 114, 117, 119 ; quanel
"with Fiench, 75 ; conversa
tion of, with 'Warwick
and Mohun iu St. Martin's
Lane, 83, 86, 87; wonnded
in Leicester Square, 84, 88 ;
death of, 89; kiUed by
Fiench, 102; news of his
death, 104; "Warwick's ac
count of the death of, 111,
112; receives money fiom
"Waiwick, 115, 116.
Copley, i. 4; his confession,
.35, 39.
Coiritou, prosecutes Lady
Lisle, i. 241.
Cotton, Sii Bobert, Kiug
Charies taken to hia houae,
i. 89, 119, 150.
Court, Theodore, witness
against Goodere, master of
the Rtiby, ii. 264-267, 268.
Co"wpei, Di. "W., witness foi
Spencei Co"wper, ii, 197.
 Spencei, trial of, ii.
139-228: opening of case
against, 141-146; at Sarah
Stout's house. Walker's
evidenoe, 140-148 ; Sarah

Stout's melancholy, 140-
151; the finding of Saiah
Stout's body, 151-155 ;
medical evidence foi the
piosecutiou, 154-162; evi
dence as to dead bodies
floating, 162-169; how
Cowpei left Hertford, 169,
170; Cowpei'a defence, 183-
187; the finding of the
body, 187-194; medical evi
dence, evidence of Sir Hana
Sloane, etc, 194-199; Saiah
Stout's melancholy, 199-
205; Sarah Stout aud Mr,
MarshaU, 206-208; letters
to MaishaU, 208-210; letteis
to Cowper, 210-212; Cow
per's connection with Sarah
Stout, 212-214; summingnp,
224-246; acquittal and ap
peal proceedings, 227, 228,
Cowpei, "WiUiam, witness foi
Spencei Cowpei, 212-214.
 Mra,, evidence of, for
Spencei Cowpei, aa to Sarah
Stout'a melancholy, ii, 201,
202,
Cox, Dr. Thomaa, "witness for
Lord Russell, u. 44.
 "William, witneas against
Hulet, i. 164.
Ciattle, James, witneas
against Loid "Warwick, ii.
90-92; cairied hun to
Leicestei Square, 90; and
to the Bagnio, 91.
Creed, "Witness foi Lady Iiisle,
i. 262.

INDEX

309

Crippes, WiUiam, witnesa
againat Loid Waiwick, u.
87-90: helped to cany
Coote to Leicestei Fields,
87 ; conveisation in St.
Martin's Lane, 87, 88;
Coote wounded, 88.
CiomweU, OUver, and Peters,
i. 142-145, 149, 150.
CuUendei, Rose, trial of, i.
211-235: indictment, 213;
bewitched the Facys, 221;
223, 224 ; and the Duients,
225; and Susan Chandler,
226; touches the chUdren
in court, 229; bewitches
Seam's cart, 231 ; and
Sheningham's beasts, 232;
defence of, 233; summing
up aud verdict as to, 234.
Dew, Robert, witness for
Cowpei, as to finding Saiah
Stout'a body, ii. 188-190.
Dimadale, John (senioi), sui
geon, witnesa against Cow
pei, ii. 160-162.
 — — suigeon, "witness
against Co"wpei, ii. 154-156,
16L
Dockwra, opening as to, in
Lord Warwick's case, ii.
165 ; anival at the Bagnio,
97 ; tried for murder of
Coote, and convicted of
manslaughter, 112.
Doncaster, Loid, at Raleigh'a
execution, i. 69, 70.
Duckinfield, Captain Loftua,

"witness against Lord Wai-
"wiok, ii. 102-107 ; interview
"with War"wick, James, and
Dockwra, 102; French
MUed Coote, 102; War
wick fought with James,
103; duelUsts to leave
London, 104; condition of
Warwick's sword, 105.
Dunne, James, witness against
Lady Lisle, i. 242; ex
araination 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: in
dictment, 213 ; bewitches
WUUam Durent, 215, 217
and Elizabeth Duient, 217
and Doiothy Duient, 218
touches Elizabeth Pacy,
219; be"witches Elizabeth
Pacy, 220-225 ; admission
by, 221 ; bewitches Diana
Booking, 226 ; piesent
whUe a chUd ia touched
by anothei, 229 ; bewitchea
geeae, a chimney, and a
firkin of fish, 232, 233 ; de
fence by, 233 ; summing up
as to, and verdict, 234.
Durent, Ann, bewitched, i.
213, 225; state of, at the
Assizes, 214,

310

STATE TRIALS

Duient, Elizabeth, be"witched,
i, 213 ; bewitched by Amy
Duny, 217, 218,
 WUUam, be"witched, i,
214; be"witched by Amy
Duny, 215.
Esmond, Hemy, present at
duel between Loid Caatle
wood and Loid Mohun, ii.
130-135.
Eaaex, Eail of, i. 54, 59, 70,
7L
 and Loid Ruaaell,
ii, 8 ; Howaid's evidence as
to, 26, 29,
Fairfax, Lady, intenupts
Chailes i,'a trial, i, 96,
Fane, guides Dunne to
Moylea Court, i, 246.
Feigusson, and Loid RusseU,
u. 8, 13.
Finch, Sir Heneage, i. 127;
prosecutes RusseU when
Solicitor-Goneral, 5; speech
of, 47-50.
Fleetwood, Geoige, i. 129.
Ford, Sir Richard, sheriff,
complaint against, in
Turner's trial, i. 169 ; at
Turner's execution, 208.
Foatei, Sir Richard, tries
Goodere, u. 232,
Foster, Sir Robert, i, 126,
Fiench, opening as to, in
Loid Waiwick's case, ii,
65-68 ; leaves Locket's fiist,
and letuins, 71; quanel

with Coote, 75; wounded,
93 ; anival at the Bagnio,
96 ; condition of his sword,
97, 98 ; killed Coote, 102 ;
tried for murdei of Coote,
and convicted of man
slaughter, 112.
Fry, Elizabeth, "witness
against Turner, i. 184, 185.
Gablahd, Austin, regicide, i.
129.
Garth, Dr., "witness foi
Cowpei, ii. 235, 236.
Gin, Richard, seaman, witness
against Co"wper as to coipses
floating, ii. 168, 169.
Gittens, witnessagainst Hulet,
i. 158-160.
Glover, CoineUus, witnesa
againat Peters, i, 154, 155,
GoodaU, witness against Lord
Waiwick, arrival of theduel-
Usts at the Bagnio, ii.
101.
Goodeie, Sir John. See
Goodere, Samuel.
 Samuel, trial of, ii
231-304 : Temon opens the
case, 232-236; Sir John
at Janit Smith's houae,
238, 239; meeta Goodeie
there, 241, 242 ; counael'a
light to cross-examine, 245;
description of Sir John in
the indictment, 247, 248;
Goodere visits the White
Hart, 249-254; Sii John
canied to the Rijiby, 256-

INDEX

311

264 ; Sii John on the Ruby,
264-289; Sir John mur
dered, 274-282; Mahony's
confesaion, 291-295; ques
tion of jurisdiction, 295 :
Sir John's madness, 297-
301 ; Goodere's chaiactei,
301 ; defence, 303 ; sum
ming up, verdict and
sentence, 304.
Goie, Ml. Sutton, witness foi
Loid RusseU, u. 46.
Gregory, Clement, regicide, i.
129.
Giey, Lord, coimection with
Raleigh, i. 2-8, 16, 17 ; CecU
anests, 28.
Grey of Weik, Lord, and Lord
Russell, ii. 7, 8, 11, 13, 47.
Gunt ei, witness against Peteis,
i. 145, 146,
Guiiey, John, Mrs., and Eliz
abeth, witnesses against
Stephens, etc, their conduct
and conveisation in Hert-
foid, ii, 171-180.
Hackeb, Fiancis, regicide, i.
129.
Hale, Sir Matthew, trial of
Suffolk "witches by, i. 212;
Lord CampbeU on, 213 n.
Hamilton, Duke of, execution
of, i, 164.
Hampden, John, and Loid
RusseU, u. 10; Howard's
evidence aa to, 26,
Harrison, Colonel Thomas,
trial of, i. 130-139; pleads

after discussion, 130, 131;
preaent in the High Court,
133; and at a Committee
Meeting, 132, 133; conducted
the King from Hnrat Castle
to London, 133, 134 ; defence
of, 135-139; sentence on,
139, 140,
HataeU, Sir Henry, triea
Spencer Cowper, ii. 140.
Hawlea, Sir John, proaecutea
Lord Warwick when SoUci
tor-General, u. 122-127.
Heale, Serjeant, i. 13.
Henry, Piince of Wales,
Raleigh's pupil, i. 61.
Hemy rv. of France, i. 3.
Hevingham, WiUiam, regi
cide, i. 159.
Hewson, Colonel, and King
Chailes's execution, i. 159,
160, 161.
Hicks, and Lady Liale, i. 241 ;
tried and hanged, 242 ; Lady
Lisle agrees to receive, 244 ;
joumey with Dunne, 245;
discovered at Moyles Court,
255 ; message to, and recep
tion by. Lady Lisle, 258-
261.
Hide, Sir Robert, i. 126 : tries
Colonel Turnei, i. 169;
summing up of, 193, 194.
HiU, WilUam, "witnesa against
Tumer, i. 182, 184, 191.
Hobbs, Monia, witneaa against
Goodeie, landloid of the
"White Hart, u. 248-265;
Goodere's first visit, 290-

312

STATE TRIALS

292 ; his second visit, 293-
295.
Holland, Earl of, execution
of, i. 164.
HoUis, Denzil, i. 136, 138,
Holt, John, defends Lord Rus
seU, ii, 6.
Howard, Thomaa, Eari of
SuffoUc, 8,
 Henry, Earl of North
ampton, 9.
 of Esciick, Lord, and
Lord RusseU, ii, 8 ; "witness
against Lord Russell, ii, 14-
32 ; declaiations of RusseU's
innocence, 38-42, 44-46, 48,
52.
 Mr,, gives evidence in
favour of Lord Ruasell, ii,
39-41,
Hulet, WiUiam, trial of, i.
158-166 ; on the scaffold of
Charles I., i, 159; statements
by, and reports aa to, 160-
163; aentence on, 165, 166.
Ibeton, Geneial, and Petera,
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 quanel, 80 ;
anival at the Bagnio, 87 ;
condition of his sword, 100 ;
fought with Warwick, 103 ;
tried for murder of Coote,
and convicted of man
slaughter, 112,

Jefireya, Lord Chief -Juatice,
triea Lady Liale, i, 239-275 ;
anmmiug up of, 263-269 ;
and the jury, 270-272 ; pro
secutes Lord RuaseU when a
serjeant, ii. 50.
Jenkins, Sir LeoUne, takes in-
foimation in Lord RusseU's
case, ii. 36,
Jones, conducta proaecution of
Cowpei, ii, 140,
 Edwaid, witness against
Goodere, u, 274-279; saw
murdei of Sir John, 276 ;
helped to aiiest captain, 278,
 Mis., "witness against
Goodeie, saw murder of Sir
John, ii. 280, 281.
 John, regicide, i. 129.
Kebtdjo, Captain, witneaa foi
Lord Waiwick, ii. 113, 114.
Kelyng, Sii John, i. 127;
action in trial of Suffolk
witches, i. 226, 229.
Kemish, Francia, i. 21, 45.
La Cheskee, i. 64, 70.
Lawrency, Raleigh plota "with,
i. 19, 25, 29; examination
of, 35.
Le Clerc, i. 63, 70.
Leeds, Duke of, cross-examin
ation by, in Lord Warwick's
trial, ii. 85, 86.
Lilbume, Robert, i, 129,
Lisle, John, husband of Lady
Lisle, i, 239,
 Lady AUce, trial of, i.

INDEX

313

239-275: agrees to receive
Hicks, 244, 245; Dunne's
first account of her recep
tion of Hicks, etc, 246-249;
Barter's accovmt of the
same, 249 ; Dunne's second
account, 250-256 ; denial of,
as to Hicka 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 ;
leveiaal of attaindei of,
274, 275,
Maoastney, Captain, second
to Loid Caatlewood, ii, 130-
136,
MaUett, Sii Robert, triea the
legicidea, i, 126,
Mancheater, Lord, triea the
regicides, i, 136.
Markham, Sir GriSen, and
the 'Bye,' i, 4, 6, 21.
Marshall, witnesa for Cowper,
acquaintance with Sarah
Stout, ii, 207, 208; lettera
from Saiah Stout, 208, 210.
Maison, John {see Cowper,
Spencer, trial of, ii. 139-228);
leaves London and arrives
at Hertford, 218, 224; con
versation at Gurrey's, 219;
at the Devil, 221 ; character
of, 221, 222 ; summing up,
224-226 ; verdict, 227.
Marten, Heniy, regicide, i.
124, 129.

Masterson, witnesa against
Harrison, i. 132.
Melvile, Lord, and Loid
RusseU's plot, ii. 28.
Meyn, Simon, regicide, i. 129.
MUUngton, Gilbert, regicide,
i. 129,
 "witness against Tumer,
i. 188, 201,
MUton, John, i. 124.
Mohun, Lord, ii. 59; true
biU against, 62 ; opening as
to, 65-68; triea to atop
quanel at Locket's, 71, 77,
79, 80; leaves with Lord
Waiwick and Coote, 71, 72 ;
conveisation of, "with Coote
and Warwick in St. Mar
tin's Lane, 83, 86 ; trial and
acquittal of, 130 ; duel with
Lord Castlewood, 130-135,
Monmouth, Duke of, and
Loid RusseU, ii, 7, 11,
13; connection with Loid
Howard, 20-26, 47, 48, 61,
Montague, Loid Chief -Baion,
tries RusseU, ii, 5,
Moitimei, Dr,, "witness against
Petera, i, 151, 162,
Mosely, "witness for Turner, i,
201,
Mundy, prosecutes Lady
Lisle, i, 241.
Nailob, Di., "witness against
Cowper, ii, 164.
Nelson, Lieut.-Col,, witneaa
againat Hulet, i, 162,
Nelthorpe, brought to Lady

314

STATE TRIALS

Lisle by Dunne, i, 245;
discovered at Moyles
Court, 255; reception by
Lady Lisle, 258-261,
Ne"vill, Sir Edward, opinion
of, in Lord Warwick's case,
u, 126,
Newburgh, Lord, witness
against Hanison, i, 133.
Noimanby, Maiquis of, cross-
examination by, in Lord
Warwick's trial, ii. 86,
Northampton, Lord, at
Raleigh's execution, 61.
North, Sir Dudley, appointed
Sheriff of London, ii. 3.
—^ Francis, prosecutes Lord
RusseU, ii. 5; opens the
case, 7,
Noithumbeiland, Eail of, i. 2,
3.
Nunnelly, Richaid, witness
against Petera, i. 150, 151.
Nutley, witneaa againat Hai-
lison, i. 132,
Paoy, Deboiah, be"witohed,
i, 214 ; too iU to be brought
to the Assizes, 219; evi
dence as to, 219-223,
 Elizabeth, bewitched, i,
214 ; atate of, at the Assizes,
214; being unconscious at
the Assizes, lecogniaea and
assaults Amy Duny, 219;
evidence as to, 219-223.
Palmei, Sii Geoffrey, i. 127.
Payton, Sir John, i. 21.
Pemberton, Sii Fiancis, Lord

Chief -Justice, tries RusseU,
ii. 4.
Pennington, Isaac, i. 129.
Penruddock, John, i. 239.
 Col., i. 239; witnesa
against Lady Lisle, as to
at Moyles Court, arreate
255-257.
Feteiboiough, Eail of, cioaa-
examinea inLoidWaiwicVa
caae, u. 77.
Petera, Hugh, trial of, i. 140-
158; pleads, 140, 141; in
Pembrokeshire, 142, 143 ;
escape from London with
CromweU, 143; lepUea to
Dr, Young, 144, 145; con
sultations with CromweU,
145, 146; "with Ireton and
others at Windsoi, 147,
148 ; in the Fainted Cham-
bei, 149 ; rode befoie the
King into London, 149; at
the trial and execution, 150,
161; his preachings, 152,
154; his defence, 166, 156;
summing up and sentence,
156-158.
PhUUpa, Serjeant, in Raleigh's
trial, i, 36, 51.
PoUexfen, defends Lord Rus-
aeU, ii. 6 ; proaecutea Lady
Liale, 61.
Pomfret, "witness against Lord
Warwick, aervant at the
Bagnio, ii. 96-100; anival
of Warwick and French, 96 ;
andDockwia and Jamea, 97;
atate of the swords, 96-100.

INDEX

315

Popham, Lord Chief-Justice,
i. 6, 10; examination by,
of Lord Cobham, 27.
Potter, Vincent, regicide, i.
129.
Po"wys, Sir Thomas, appeals
for Loid Warwick, ii. 123,
125.
Pieston, Sir Amyas, i. 42.
Pietty, account of Hulet by,
i. 161.
Raleigh, Sir Walter, trial of,
i. 1-71 : position on accession
of Jamea i., 2; overtures
of, to French and Spaniards,
3, 4; examination and
aneat, 5; indictment, 11-
13 ; Coke'a opening, 13-23 ;
Cobham's examination, 23,
24; Raleigh's answer, 25,
26; Cobham's second ex
amination, 26, 27 ; Raleigh's
answer, 27, 28; his con
nection "with Cobham, 29,
30 ; two "witnesaea required,
31-33 ; examinations of
Watson, etc, 35;of Raleigh,
36 ; Cobham not caUed, 37-
39, 47-49 ; examinations
of Raleigh, Cobham, and
otheis, 39-41 ; book against
the title of the King, 41-
44 ; lettei to Cobham, 45 ;
Lady Arabella Stewait, 46,
50; Dyei's evidence, 50;
PhUUp's speech, 51; Cob
ham's lettei to the lords,
55,56; to Raleigh, 66, 57;

verdict, 67 ; sentence, 58-
60 ; life iu the Towei and
the Guiana expedition, 61-
65 ; condemnation, 65 ;
letter to the King, 65, 66 ;
to hia "wife, 66-69; execu
tion, 69, 70.
Raymund, Edmund, witneas
for Lord Warwick, ii. 119.
Regicides. See Hanison,
Thomas ; Peters, Hugh ,
Hulet, WilUam; and note
i. p. 129.
Rich, appointed Sheriff of
London, u, 3,
 Col,, and Peteis, i. 146,
148.
Richardson, Thomaa, "witneaa
against Peteia, i, 150,
 Mra., e"videnoe againat
Maiaon, ii. 152.
Roe, Owen, legicide, i, 129.
Rogera, WiUiam (see Co"wper,
Spencei, trial of, ii. 139-
228); leavea London and
arrivea at Hertford, 218-
220; conversation at Gur
rey's, 219 ; aumming up,
224-226 ; verdict, 227.
Rumaey, witness against Lord
RusseU, takes message from
Shaftesbury to the con
spirators, u. 10-12, 13, 34,
37, 47, 61, 55,
Russell, Lord, trial of, ii, 3-
56 : charges againat, 6 ; ob
jections to jurora, 6, 7, 56 ;
North opens case against,
7-10 ; Rumsey's evidence

3i6

STATE TRIALS

againat, aa to meetinga in
Sheppaid's house, 10-12 ;
Sheppaid's evidence as to
the same, 12-14; Lord
Howard's evidence against,
as to Shaftesbury's plot,
14-26; and RnaaeU'a plot,
26-31; Weat's evidence aa
to connection of with Tien-
chaid, 32, 33; apeech of,
on queation of law, 33, 34 ;
repliea thereto, 34-37; reply
of, to Rumaey's evidence,
37, 38; e"ridence as to de
clarations by Howard, 38-
42; evidence as to character,
43, 44 ; Howard's reply, 44-
46 ; conclusion of apeech of,
46, 47; reply by SoUcitoi-
Geneial, 47-50 ; summing
up, 50-54 ; veidict and sen
tence, 54 ; execution of, and
atatemeut by, 54-56 ; levei-
sal of attaindei of, 66.
Saxisbuet, Earl of (see
Raleigh) ; connection with
Raleigh'a trial, i. 1-8; judge
in Raleigh's trial, 9; plots
revealed to, 28,
Salmon, witness against Lord
Waiwick; describes Coote's
wounds, ii. 107.
SandesweU, Ann, witness
against the Suffolk "witches,
i. 232.
Savoy, Duke of, and Raleigh,
i. 61.
Sawyei, Sii Robeit, prose

cutes Lord RusseU when
Attomey-Geneial, ii. 5.
Scot, Thomas, regicide, i.
129.
Scroope, Adrian, regicide, i.
129.
Shaftesbury, Earl of, con
nection "with Lord RusseU's
trial, ii. 4-8 ; message of, to
conspirators, 11 ; connec
tion with Howard, 17-26, 47,
48, 51, 52.
Sheppard, conspiracy at the
house of, ii. 11, 47, 61 ;
witness aa to meetings of
conspirators, 13, 14.
Sheningham, Robeit, "witness
against the Suffolk witches,
i. 232.
Sidney, Col. Algernon, and
Lord RusseU, ii. 9; How-
aid's evidence aa to, 26.
Simpson, HoUand, witness
against Peteis, i. 150.
Sloane, Sii Hans, witneas foi
Cowpei, ii. 194, 195.
Smith, Aaron, conapiies with
Lord RusseU, n. 10, 28, 29.
 Abraham, watchman,
witness against Hulet, i.
163, 164.
 Jairit, witnesa against
Goodere ; two visita of Sir
John to, and reconcUiation
of brotheis at his houae,
ii. 237-246.
Soam, John, "witness againat
the Suffolk witchea, i.
23L

INDEX

317

Somers, Loid John, ii. 61.
Someiset, Duke of, and the
Guiana expedition, i. 61.
 witness foi Loid
RusseU, ii. 44.
Spencei, Mi., witness foi
Loid RusseU, ii. 46.
Stauhope, Col,, witness foi
Loid Waiwick, ii, 117, 118,
Staikey, witness against
Peteis, i, 146, 149.
Stephen, Sir Jamea, on Coke,
i. 7 ; on vaUdity of Lord Rus
seU's objection to the jury,
ii,7 ; onbenefit of cleigy, 121,
122 ; on indictments, 247,
Stephens, EUis (see Cowper,
Spencei, trial of, ii. 139-
228); leaves London and
anives at Hertfoid, 218 ;
conveisation at Guneys
house, 219; joumey to
Hertfoid, 220 ; summing
up, 224-226 ; veidict, 227.
Stewart, Charles, iSee Charles
I. and Chailes n.
 Lady AiabeUa, i. 12 ;
accusations against Raleigh
as to, 20 ; Raleigh's denial,
25, 26, 29, 49, 57; state
ment on behalf of, 46.
Stout, Mrs., takes proceed
ings foi an appeal against
Tumei, ii. 227, 228.
 Sarah. See Cowpei.
Stringei, Justice's visit to
Tmnei, L 207.
Stubbaida, CoL, and trial of
Charies i., i. 150.

Stukely, Vice-Admiral, 1. 62-
64, 70.
SuffoUc witches, 311-325. See
CuUendei, Rose; and Duny
Amy.
SuUy, Duke of, ambassadoi
to James i,, i. 3.

Tasker, Majoi Ralph, witneaa
againat Turner, i, 145, 146.
Temple, Jamea, regicide, i.
129.
 Peter, regicide, i. 129.
Tench, and Charles i.'s scaf
fold, i. 151,
Thomlinson, Col., in charge
of Charles 1., i. 78.
Tichbume, Robert, regicide,
i. 124, 129,
TiUotson, Dr,, witness foi
Loid Russell, u, 42, 43 ;
accompanies him to the
scaffold, 54.
Toogood, witness as to ad
missions by Hulet, i.
160.
Tieby, Lord Chief-Justice,
opinion of, in Lord Wai
wick's case, ii, 125, 126,
Tienchaid, the rising of, ii,
8, 11, 24,
Tievor, Thomas Lord, prose
cutes the Eail of Warwick
when Attomey-Geneial, ii,
66 ; speech of, 122,
Tiyon, witneaa against Tui-
ner, i, 181, 182, 187, 193,
Tumei, Sii Edward, i. 127;

3i8

STATE TRIALS

opens the case againat
Hulet, 168,
Tnmei, Ely, trial of, i, 169-
208 ; was to bring money to
Fry's house, 184, 185; ex
amined by Sii T, Aleyn,
191 ; acquitted, 203.
 James, trial of, i. 169-
208 ; Aleyn's evidence, 170-
180 ; Tumei suspected, 171 ;
found in possessionofmoney,
172, 186 ; account of money
and jewels by, 173; aneat
by Aleyn, 174, 176 ; hia wife
sent foi money and jewels,
175 ; wife's account of them,
176; committed to Newgate,
177, 178 ; his account of his
money to Aleyn, 179 ; Tiy-
on's account of the buiglaiy,
180-182; Tumei's account
to HUl, 182, 183; as to
forging Tiyon's wiU, 183,
184; deposits money "with
Fry and BaU, 185, 186 ; ac
count given by, of lobbeiy
to Cole, 187; examined by
Chamberiain and Aleyn,
189, 190; defence of, 194-
200 ; aumming up and vei
dict, 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 ; canied money to
Fry's house, 185, 192, 197,
201, 202; acquitted, 202.
 Mary, trial of, 1. 169-208 ;

sent foi jewels and money
by Tumer, 176, 176, 199;
"visit to Fry's house, 186,
197; produced money and
jewels, 188; examined by
Chamberlain, 190 ; ac
quitted, 203.
Tumei, Stephen, witness
against Lord Waiwick,
Coote's seivant, ii. 107;
Coote friendly with War
wick, 108.
 "William, trial of, i. 169-
208 ; anest and examination
of, 192; identified by Tryon,
193; denial by, 201; ac
quittal and confession of,
203, 204.
Vauden Anohob, "witneaa
againat Tumei, i. 188.
ViUieia and the Guiana Ex
pedition, i. 61.
Wade, Sii Thomas, i. 11.
Wait, Thomas, and Raleigh's
trial, i. 129.
Walcot, connection with Lord
Shaftesbury and Lord How
ard, ii. 15, 20-26.
Walker, Sii Clement, on
omissions in Chailes i.'s
trial, i. 93 n.
 Sarah, witnesa against
Cowpei, his anival and
conduct at Mis. Stout's, ii.
146-152; evidence contra
dicted, 216, 217.
WaU, witnesa foi Cowper, ii.
193.

INDEX

319

WaUer, Sit Hardress, i.
129.
Ward defends Lord RusseU,
ii. 7; opinion of, in Loid
Waiwick's case when Loid
Chief-Baion, 166.
Warwick and HoUand, Earl
of, trial of, ii. 59-135; pre
liminaries, 59-64; opening
speech, 66-68 ; guests leave
Locket's, 70-72; course of
quanel between Coote and
French, 75-79 ; the joumey
to Leicestei Fields and the
Bagnio, 82-92; anival and
pioceedings at the Bagnio,
96-101 ; Waiwick's defence
as to the facts, 109-112;
friendshipbetween Waiwick
and Coote, 107, 113-119;
capacity of Fiench to give
evidence, benefit of clergy,
200-226; verdict, 128, 129;
sentence, 129.
Watcher, "witness against Tur
ner, i. 192.
Watson, and the 'Bye' plot,
i. 4, 16, 17, 35, 40.
Weller, Daniel, witneas against
Goodere, ship's carpenter,
i. 272-274.
Westmoreland, i. 28.

Whichoot, Su: Jeremy, wit
ness against Peteis, i. 150.
"Whiteman, Colonel, witness
foi Loid War"wick, ii. 119.
WilUams, Thomas, witness
against Goodeie, captuie of
Sii John, n. 255-269.
Wilson, Sii Thomaa, i. 64.
Windham, Wadham, i, 127.
Winwood and the Guiana
Expedition, i. 61.
Witches, SuffoUc, the. See
CuUendei, Rose ; and Duny,
Amy.
Woodhouse, Di., witness
against Cowper, ii. 65.
Wotton, Lord, of Morley, i. 10.
Wright, Sir Nathan, prose
cutes the Earl of Warwick
when a serjeant, ii. 64;
speech of, 104.
Wroth, Sir Robert, i. 44.
TovHQ, Sir Edward, opens
Petera' case, i. 141.
 Dr. William, "witness
against Peters, i. 141, 143,
145; Peters' reply to, 143,
145.
 "witness for Cowper, find-
of Sarah Stout's body, ii.
190-192.

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at the Edinburgh University Press