ATTORNEY-GENERAL--May it please your lordships, I am of counsel
in this cause for the king against this noble lord, Edward earl
of Warwick and Holland, the prisoner at the bar, who stands
indicted by the grand jury of the County of Middlesex, has been
arraigned, and is now to be tried before your lordships for the
felonious killing and murdering of Mr. Coote, in the indictment
named; the evidence to make good this charge against this noble
lord, it comes to my turn to open to your lordships.
My lords, the case, as to the fact, according to my
instructions, is this: Upon Saturday, the 29th of October last,
at night, my lord of Warwick, my lord Mohun, Mr. French, Mr.
Dockwra, and Mr. Coote, the unfortunate gentleman who was
killed, met together at one Locket's who kept the
Greyhound-tavern in the Strand, and there they staid till it
was very late; about twelve of the clock at night, or
thereabouts, a messenger was sent by the company to fetch
another gentleman, Mr. James; and Mr. James coming to them, in
what condition your lordships will be told by the witnesses;
about one of the clock in the morning, on Sunday, the 30th of
October, they all came down out of the room where they had been
so late, to the bar of the house, and there, as the witnesses
will tell your lordships, swords were drawn, and the chairs
were called for, and two chairs which were nearest at hand
came, and two of the company went into those chairs; who they
were, and what past at that time, the witnesses will tell your
lordships; those that got into those chairs came out again, and
more chairs were called for. But I must acquaint your
lordships, that my lord Mohun, when the two gentlemen that went
into the chairs ordered the chairmen to take them up, and carry
them away, spoke to them to stop and go no further, for there
should be no quarreling that night, and that he would send for
the guards and secure them, and after this they came out of the
chairs again; it will appear there were swords drawn amongst
all of them, and some wounds given: more chairs being called
for, and brought, this noble lord that is here at the bar, my
lord of Warwick, my lord Mohun, and the other four gentlemen,
went all into the chairs, and gave the chairmen directions,
whither they should carry them, at leastwise the foremost had
directions given them, and the rest were to follow them; it was
a very dark night, but at last they came all to
Leicester-square; and they were set down a little on this side
the rails of the square, and when the chairmen had set them
down they went away; but immediately some of them heard my
lord of Warwick calling for a chair again, who came towards the
rails, and there they found two of the gentlemen, that had been
carried in some of the other chairs, holding up Mr. Coote
between them, and would have had the chairmen carried him away
to a surgeon's, but they found he was dying, and so would not
meddle with him; afterwards my lord of Warwick and Mr. French
were carried by two of the chairs to Mr. Amy's, the surgeon at
the Bagnio in Long-acre, where Mr. French being wounded, was
taken care of particularly by the recommendation of my lord of
Warwick, and the master of the house was called up, it being
very late; Mr. Coote's sword was brought to that place, but by
whom it was brought we cannot exactly say. While my lord of
Warwick and captain French were there, and my lord of Warwick
had given orders for the denying of himself, and forbid the
opening of the door, there came the other two gentlemen, Mr.
James and Mr. Dockwra, and upon their knocking at the door they
were let in by my lord's order, after he had discovered who
they were, looking through the wicket. Mr. James had his sword
drawn, but it was broken. My lord of Warwick's hand was
slightly wounded, and his sword bloody up to the hilt when he
came in, as will be proved by the testimony of the servants in
the House. There was a discourse between my lord, Mr. James and
Mr. Dockwra, about going into the country; but before they
went, the swords were all called for to be brought to them, and
upon enquiry, there was no blood found upon Mr. French's sword,
but a great deal upon my lord of Warwick's, of which great
notice was taken at that time. Mr. Coote, who was killed, had
received one wound in the left side of his breast, half an
inch wide, and five deep, near the collar bone; he had likewise
another wound upon the left side of his body; both which your
lordships will hear, in the judgment of the surgeon, were
mortal wounds, and the evidence will declare the nature of
them.
My lords, the evidence does chiefly consist of, and depend on
circumstances, the fact being done in the night, and none but
the parties concerned being present at it; we shall lay the
evidence before your lordships, as it is, for your judgment,
and call what witnesses we have on behalf of the king, against
this noble peer the prisoner at the bar, and take up your
lordships' time no further in opening; and we shall begin with
Samuel Cawthorne; he is a drawer at the tavern where those
lords and gentlemen were together, and he will give you an
account of the time they came there, how long they staid, what
happened in the house during their being there, and what time
they went away.