The _Attorney-General_[34] then opened the case, as follows:--

ATTORNEY-GENERAL--May it please your lordships, I am of counsel

in this cause for the king against this noble lord, Edward earl

of Warwick and Holland, the prisoner at the bar, who stands

indicted by the grand jury of the County of Middlesex, has been

arraigned, and is now to be tried before your lordships for the

felonious killing and murdering of Mr. Coote, in the indictment

named; the evidence to make good this charge against this noble

lord, it comes to my turn to open to your lordships.

My lords, the case, as to the fact, according to my

instructions, is this: Upon Saturday, the 29th of October last,

at night, my lord of Warwick, my lord Mohun, Mr. French, Mr.

Dockwra, and Mr. Coote, the unfortunate gentleman who was

killed, met together at one Locket's who kept the

Greyhound-tavern in the Strand, and there they staid till it

was very late; about twelve of the clock at night, or

thereabouts, a messenger was sent by the company to fetch

another gentleman, Mr. James; and Mr. James coming to them, in

what condition your lordships will be told by the witnesses;

about one of the clock in the morning, on Sunday, the 30th of

October, they all came down out of the room where they had been

so late, to the bar of the house, and there, as the witnesses

will tell your lordships, swords were drawn, and the chairs

were called for, and two chairs which were nearest at hand

came, and two of the company went into those chairs; who they

were, and what past at that time, the witnesses will tell your

lordships; those that got into those chairs came out again, and

more chairs were called for. But I must acquaint your

lordships, that my lord Mohun, when the two gentlemen that went

into the chairs ordered the chairmen to take them up, and carry

them away, spoke to them to stop and go no further, for there

should be no quarreling that night, and that he would send for

the guards and secure them, and after this they came out of the

chairs again; it will appear there were swords drawn amongst

all of them, and some wounds given: more chairs being called

for, and brought, this noble lord that is here at the bar, my

lord of Warwick, my lord Mohun, and the other four gentlemen,

went all into the chairs, and gave the chairmen directions,

whither they should carry them, at leastwise the foremost had

directions given them, and the rest were to follow them; it was

a very dark night, but at last they came all to

Leicester-square; and they were set down a little on this side

the rails of the square, and when the chairmen had set them

down they went away; but immediately some of them heard my

lord of Warwick calling for a chair again, who came towards the

rails, and there they found two of the gentlemen, that had been

carried in some of the other chairs, holding up Mr. Coote

between them, and would have had the chairmen carried him away

to a surgeon's, but they found he was dying, and so would not

meddle with him; afterwards my lord of Warwick and Mr. French

were carried by two of the chairs to Mr. Amy's, the surgeon at

the Bagnio in Long-acre, where Mr. French being wounded, was

taken care of particularly by the recommendation of my lord of

Warwick, and the master of the house was called up, it being

very late; Mr. Coote's sword was brought to that place, but by

whom it was brought we cannot exactly say. While my lord of

Warwick and captain French were there, and my lord of Warwick

had given orders for the denying of himself, and forbid the

opening of the door, there came the other two gentlemen, Mr.

James and Mr. Dockwra, and upon their knocking at the door they

were let in by my lord's order, after he had discovered who

they were, looking through the wicket. Mr. James had his sword

drawn, but it was broken. My lord of Warwick's hand was

slightly wounded, and his sword bloody up to the hilt when he

came in, as will be proved by the testimony of the servants in

the House. There was a discourse between my lord, Mr. James and

Mr. Dockwra, about going into the country; but before they

went, the swords were all called for to be brought to them, and

upon enquiry, there was no blood found upon Mr. French's sword,

but a great deal upon my lord of Warwick's, of which great

notice was taken at that time. Mr. Coote, who was killed, had

received one wound in the left side of his breast, half an

inch wide, and five deep, near the collar bone; he had likewise

another wound upon the left side of his body; both which your

lordships will hear, in the judgment of the surgeon, were

mortal wounds, and the evidence will declare the nature of

them.

My lords, the evidence does chiefly consist of, and depend on

circumstances, the fact being done in the night, and none but

the parties concerned being present at it; we shall lay the

evidence before your lordships, as it is, for your judgment,

and call what witnesses we have on behalf of the king, against

this noble peer the prisoner at the bar, and take up your

lordships' time no further in opening; and we shall begin with

Samuel Cawthorne; he is a drawer at the tavern where those

lords and gentlemen were together, and he will give you an

account of the time they came there, how long they staid, what

happened in the house during their being there, and what time

they went away.

State Trials, Political and Social. Volume 2 (of 2) · 第 22 / 48 题