_Mr. Coatsworth_, a surgeon, was called and deposed that in April he had
been sent for, by Dr. Phillips, to come to Hertford to see the body of
Mrs. Stout, who had been six weeks buried. Various parts of the body
were examined; the woman had not been with child; the intestines and
stomach were full of air, but there was no water in them, or the breast,
or lobes of the lungs; there was no water in the diaphragm.
Then I remember I said, this woman could not be drowned, for if
she had taken in water, the water must have rotted all the
guts; that was the construction I made of it then; but for any
marks about the head or neck, it was impossible for us to
discover it, because they were so rotten.
The inspection was made on the 28th of April, and the woman was drowned
on the 13th of March. The doctor had offered to examine the skull, to
see if it had been injured, 'but they did not suspect a broken skull in
the case, and we did not examine it.' All the other parts were sound.
JONES--Call John Dimsdale.
COWPER--My lord, I would know, and I desire to be heard to this
point; I think where the Coroner's inquest have viewed the
body, and the relations have been heard, and the body buried,
that it is not to be stirred afterwards for any private
inspection of parties, that intend to make themselves
prosecutors; but if it is to be taken up, it is to be done by
some legal authority; for if it should be otherwise, any
gentleman may be easily trepanned: for instance, if they should
have thought fit, after the Coroner's view, to have broken the
skull into a hundred pieces, this was a private view altogether
among themselves. Certainly, if they intended to have
prosecuted me, or any other gentleman upon this evidence, they
ought to have given us notice, that we might have had some
surgeons among them, to superintend their proceedings. My lord,
with submission, this ought not to be given in evidence.
HATSELL, BARON--Mr. Cowper, I think you are not in earnest;
there is no colour for this objection: if they did take up the
body without notice, why should not that be evidence? unless
you think they had a design to forswear themselves.
COWPER--Had you a _Melius Inquirendum_, or any lawful warrant
for making this inspection?
COATSWORTH--No, there was not.
HATSELL, BARON--Suppose they did an ill thing in taking up the
body without some order, though I do not know any more ill in
taking up that body than any other; but, however, is that any
reason why we should not hear this evidence?
COATSWORTH--Mr. Camblin, sir Wm. Cowper's surgeon, was there
by.
_Mr. Dimsdale, senior_, a surgeon, was sworn and deposed that he had
been sent for on the 28th of April by Mrs. Stout, to view the body of
her daughter.
Finding her head so much mortified, down to her neck, we
thought all the parts were seized, and had a consultation,
whether we should open her or not; but Mrs. Stout was very
enraged, because a great scandal had been raised, that her
daughter was with child; and she said she would have her opened
to clear her reputation.
The body was examined, with the same result that the other witness had
described, no water being found either in the stomach or the lungs.
After this we had a consultation, to consider whether she was
drowned or not drowned; and we were all of opinion that she was
not drowned; only Mr. Camblin desired he might be excused from
giving his opinion whether she was drowned or not; but all the
rest of us did give our opinions that she was not drowned.
The grounds for this opinion were the absence of water from the lungs
and intestines; and this was a sign which would show whether she had
been drowned or not weeks after her death. In answer to Cowper he
admitted that he had never seen a body opened which had been drowned six
weeks. If a body had been drowned a fortnight, the bowels would be so
rotten that it would be impossible to come near it.
_John Dimsdale, junior_, believed that the body had not been drowned,
and signed a certificate to that effect after looking at the body; he
believed it, because he found no water in the body. He had seen the
child that was drowned the morning after it was drowned, and had found
abundance of water in the body then.
_Dr. Dimsdale_ saw the body after it was opened, and on finding no water
in the thorax or abdomen, signed the certificate. Had the woman been
drowned he would have expected to find water in the thorax.
COWPER--Is it possible there should be water in the thorax
according to your skill?
DIMSDALE--Yes, we did think there would have been, if she had
been drowned.
He would have expected to find traces of it after six weeks.
COWPER--Pray by what passage does the water go into the thorax?
DIMSDALE--It will be very difficult for me to describe the
manner here; but we should have found some in the stomach and
intestines.
COWPER--Pray, sir, how should it go into the thorax?
DIMSDALE--By the lymphaeduct, if carried by any means.
No water would come into a body after it was dead, but he questioned
whether or not it might come into the windpipe.
COWPER--Sir, I would ask you, was you not angry that Mr.
Camblin would not join with you in opinion?
DIMSDALE--No.
COWPER--Did you not tell him that you were a graduate
physician, and was angry he would not join you?
DIMSDALE--Suppose I did?
HATSELL, BARON--But did you so or no?
DIMSDALE--Yes, my lord, we had some words about it.
JONES--Swear Dr. Coatsworth. (Which was done.) Now, my lord, we
call these gentlemen that are doctors of skill, to know their
opinions of them that are found floating without water in
them, how they came by their death.
DR. COATSWORTH--I have not seen many drowned bodies to make
observation upon; but it is my opinion, that every body that is
drowned, is suffocated by water passing down the windpipe into
the lungs upon respiration; and at the same time, the water
pressing upon the gullet, there will be a necessity of
swallowing a great part of it into the stomach; I have been in
danger of being drowned myself, and I was forced to swallow a
great quantity of water. If a person was drowned, and taken out
immediately, as soon as the suffocation was effected, I should
not wonder if there were but little water in the stomach and
guts; but if it lay in the water several hours, it must be very
strange if the belly should not be full of water; but I will
not say, it is impossible it should be otherwise.
COWPER--I desire to know, whether this gentleman attempted to
drown himself, or was in danger of being drowned by accident?
DR. COATSWORTH--It was by accident: I was passing up the
ship-side, and took hold of a loose rope instead of the
entering rope, which failing me, I fell into the water.
COWPER--But you struggled to save yourself from drowning?
DR. COATSWORTH--I did so; I have seen several persons that have
been drowned, and they have lain several days, until by
fermentation they have been raised; but I never made my
observations of any persons that have been drowned above six
hours.
JONES--Did you ever hear of any persons that, as soon as they
were drowned, had swam above water?
DR. COATSWORTH--I have not known such a case.
COWPER--Did you ever know, Sir, a body that was otherwise
killed, to float upon the water?
DR. COATSWORTH--I never made any observation of that.
HATSELL, BARON--Dr. Browne has a learned discourse, in his
_Vulgar Errors_, upon this subject, concerning the floating of
dead bodies; I do not understand it myself, but he hath a whole
chapter about it.[46]
_Then Dr. Nailor was sworn._
JONES--We ask you the same question that Dr. Coatsworth was
asked, What is your opinion of dead bodies? If a body be
drowned, will it have water in it or no?
DR. NAILOR--My lord, I am of opinion, that it will have a
quantity if it be drowned; but if there be no water in the
body, I believe that the person was dead before it was put into
the water.
COWPER--I would ask the doctor one question, my lord, Whether
he was not a constant voter against the interest of our family
in this corporation?
DR. NAILOR--I never did come to give a vote but sir William
Cowper, or his son, opposed me, and said I had no right to
vote.
COWPER--I would have asked the same question of the Dimsdales,
if I had remembered it; they are of another party, as this
gentleman is.
HATSELL, BARON--It is not at all material, as they are
witnesses. Then call Mr. Babington. (Who was sworn.)
JONES--Pray, what is your opinion of this matter?
BABINGTON--I am of opinion, that all bodies that go into the
water alive and are drowned, have water in them, and sink as
soon as they are drowned, and do not rise so soon as this
gentlewoman did.
COWPER--Pray, what is your profession, Sir?
BABINGTON--I am a surgeon.
COWPER--Because Mr. Jones called you doctor.
HATSELL, BARON--Did you ever see any drowned bodies?
BABINGTON--Yes, my lord, once I had a gentlewoman a patient
that was half an hour under water, and she lived several hours
after, and in all that time she discharged a great quantity of
water; I never heard of any that went alive into the water, and
were drowned, that floated so soon as this gentlewoman did; I
have heard so from physicians.
HATSELL, BARON--I have heard so too, and that they are forced
to tye a bullet to dead bodies thrown into the sea, that they
might not rise again.
COWPER--The reason of that is, that they should not rise again,
not that they will not sink without it. But I would ask Mr.
Babington, whether the gentlewoman he speaks of went into the
water voluntarily, or fell in by accident?
BABINGTON--By accident, but I believe that does not alter the
case.
_Dr. Burnet_ was called, and expressed an opinion that if a person
jumped into the water or fell in by accident they would swallow and
inhale water as long as they were alive, but not afterwards; and that
they would sink.
_Dr. Woodhouse_ expressed the same opinion. If a person had swallowed
water in drowning, signs of it would be visible some time afterwards.
JONES--Call Edward Clement. (Who was sworn.) Are not you a
seaman?
CLEMENT--Yes, Sir.
JONES--How long have you been so?
CLEMENT--Man I have writ myself but six years, but I have used
the sea nine or ten years.
JONES--Have you known of any men that have been killed, and
thrown into the sea, or who have fallen in and been drowned?
Pray tell us the difference as to their swimming and sinking.
CLEMENT--In the year '89 or '90, in Beachy fight, I saw several
thrown overboard during the engagement, but one particularly I
took notice of, that was my friend, and killed by my side; I
saw him swim for a considerable distance from the ship; and a
ship coming under our stern, caused me to lose sight of him,
but I saw several dead bodies floating at the same time;
likewise in another engagement, where a man had both his legs
shot off, and died instantly, they threw over his legs; though
they sunk, I saw his body float: likewise I have seen several
men who have died natural deaths at sea, they have when they
have been dead had a considerable weight of ballast and shot
made fast to them, and so were thrown overboard; because we
hold it for a general rule, that all men swim if they be dead
before they come into the water; and on the contrary, I have
seen men when they have been drowned, that they have sunk as
soon as the breath was out of their bodies, and I could see no
more of them. For instance, a man fell out of the _Cornwall_,
and sunk down to rights, and seven days afterwards we weighed
anchor, and he was brought up grasping his arm about the cable,
and we have observed in several cases, that where men fall
overboard, as soon as their breath is out of their bodies they
sink downright; and on the contrary, where a dead body is
thrown overboard without weight, it will swim.
JONES--You have been in a fight; how do bodies float after a
battle?
CLEMENT--Men float with their heads just down, and the small of
their back and buttocks upwards; I have seen a great number of
them, some hundreds in Beachy-head fight, when we engaged the
French. I was in the old _Cambridge_ at that time. I saw
several (what number I will not be positive, but there were a
great number, I cannot guess to a score) that did really swim,
and I could see them float for a considerable distance.
JONES--Have you seen a shipwreck?
CLEMENT--Yes; the _Coronation_, in September 1691. I was then
belonging to the _Dutchess_, under the command of captain
Clement; we looked out and see them taking down their masts; we
saw the men walking up and down on the right side, and the ship
sink down, and they swam up and down like a shoal of fish one
after another; and I see them hover one upon another and see
them drop away by scores at a time; and there was an account of
about nineteen that saved themselves, some by boats, and others
by swimming; but there were no more saved out of the ship's
complement, which was between five and six hundred, and the
rest I saw sinking downright, some twenty at a time. There was
a fisherman brought our captain word, that in laying in of his
nets he drew up some men close under the rocks that were
drowned belonging to the _Coronation_. We generally throw in
bags of ballast with them.
JONES--I suppose all men that are drowned, you sink them with
weights?
CLEMENT--Formerly shot was allowed for that purpose; there used
to be threescore weight of iron, but now it is a bag of ballast
that is made fast to them.
JONES--Then, you take it for a certain rule, that those that
are drowned sink, but those that are thrown overboard do not?
CLEMENT--Yes; otherwise why should the government be at that
vast charge to allow threescore or fourscore weight of iron to
sink every man, but only that their swimming about should not
be a discouragement to others?
_Then Richard Gin was sworn._
JONES--You hear the question; pray what do you say to it?
GIN--I was at sea a great while, and all the men that I see
turned overboard had a great weight at their heels to sink
them.
JONES--Then will they swim otherwise?
GIN--So they say.
JONES--Are you a seaman?
GIN--I went against my will in two fights.
JONES--Then, gentlemen of the jury, I hope we have given you
satisfaction that Mrs. Stout did not drown herself, but was
carried into the water after she was killed. That was the first
question; for if it be true that all dead bodies when they are
put into the water do swim, and the bodies that go alive into
the water and are drowned do sink, this is sufficient evidence
that she came by her death not by drowning, but some other way.
Now, my lord, as to the second matter, and that is to give such
evidence as we have against these gentlemen at the bar. Mr.
Cowper, it appears, was the last man that any one give an
account of was in her company. What became of her afterwards,
or where they went, nobody can tell; but the other witnesses
have given you evidence that he was the last man that was with
her. I shall only give this further evidence as to Mr. Cowper,
that notwithstanding all the civility and kindnesses that
passed between him and this family, when the bruit and noise of
this fact was spread abroad, Mr. Cowper did not come to
consider and consult with old Mrs. Stout what was to be done;
but he took no manner of notice of it, and the next day he rode
out of town, without further taking notice of it. Call _George
Aldridge_ and _John Archer_.
_John Archer was sworn._
JONES--Do you know anything of Mr. Cowper's going out of town
about this business of Mrs. Stout's being drowned?
ARCHER--Yes, I did see him go out of town afterwards.
JONES--Which way did he go?
ARCHER--He went the way back from the Glove; I suppose he came
that way.
COWPER--What day was it I went? Is it not the way that I used
to go when I go the Circuit into Essex?
ARCHER--Yes, I believe so.
COWPER--I lodged at Mr. Barefoot's, and he has a back-door to
the Glove, where my horse was, and I went the direct way into
Essex, and it was Wednesday morning: What day was it you see me
go?
ARCHER--It was on the Wednesday morning.
COWPER--That was the very day I went into Essex.
_Then George Aldridge was sworn._
JONES--When did Mr. Cowper go out of town the last assizes?
ALDRIDGE--On Wednesday.
JONES--Which way did he go?
ALDRIDGE--He went the way to Chelmsford.
JONES--Did you not fetch his horse from Stout's?
ALDRIDGE--Yes, sir.
JONES--How often did you go for it?
ALDRIDGE--Three times.
JONES--When?
ALDRIDGE--On Tuesday night I sent once, and went twice myself;
the first time there was nobody at home to deliver the horse;
so I went to Mr. Stout's, and asked him about the horse, and he
said he could not deliver him till the maid went home; and then
I went about eleven o'clock and had the horse.
HATSELL, BARON--Was it eleven at night?
ALDRIDGE--Yes, my lord.
COWPER--When I sent you to fetch my horse, what directions did
I give you?
ALDRIDGE--You gave me directions to fetch your horse, because
you said you should have occasion to go out next morning
betimes with the judge.
COWPER--The reason I sent for my horse was this; when I heard
she had drowned herself, I think it concerned me in prudence to
send a common hostler for him, for fear the lord of the manor
should seize all that was there as forfeited.[47]
HATSELL, BARON--There was no danger of that, for she was found
_Non compos mentis_.
COWPER--No, my lord, I sent before the verdict.
JONES--It seems you did not think fit to go and take horse
there yourself, though you put your horse there.
Now, my lord, we will go on, and give the other evidence that
we opened concerning these three other gentlemen that came to
town; two of them took lodgings at Gurrey's at five in the
afternoon, but did not come in till between eleven and twelve,
and then they brought another in with them; and though he had
been in town five or six hours, his feet were wet in his shoes,
and his head was of a reeky sweat; he had been at some hard
labour I believe, and not drinking himself into such a sweat.
Call _John Gurrey_, _Matthew Gurrey_, and _Elizabeth Gurrey_.
_John Gurrey was sworn._
JONES--Do you know any of the gentlemen at the bar?
J. GURREY--Yes.
JONES--Name who you know.
J. GURREY--There is Mr. Stephens, Mr. Rogers, and Mr. Marson.
JONES--Pray do you remember when they took lodging at your
house?
J. GURREY--The last assizes; when they first came, there was
only Mr. Stephens and Mr. Rogers.
JONES--At what time did they take it?
J. GURREY--I was at church, and cannot tell that, they hired
the lodgings of my wife.
JONES--What can you say more?
J. GURREY--I was in at night when they came; there came three
of them at eleven at night, whereof Mr. Marson was the third
person and he said he was destitute of a lodging and he asked
for a spare bed; my wife told him she had one, but had let it;
whereupon Mr. Stevens and Mr. Rogers said he should lodge with
them; so they went up altogether, and they called for a fire to
be kindled, and asked for the landlord, which was I, and they
asked me to fetch a bottle of wine, and I told them I would
fetch a quart, which I did, and then they asked me to sit down
and drink with them, which I did; and then they asked me if one
Mrs. Sarah Stout did not live in the town, and whether she was
a fortune? I said Yes. Then they said they did not know how to
come to the sight of her; and I said I would shew them her
to-morrow morning, not questioning but I might see her sometime
as she was coming down the street; so they said they would go
to see her. Mr. Rogers and Mr. Stephens charged Mr. Marson with
being her old sweet-heart; saith Mr. Marson, she hath thrown me
off, but a friend of mine will be even with her by this time.
HATSELL, BARON--What o'clock was it then?
J. GURREY--I reckon eleven of the clock when they came in.
HATSELL, BARON--Did you observe in what condition Mr. Marson
was in?
J. GURREY--I did not observe, only that he was hot, and put by
his wig; I see his head was wet, and he said he was just come
from London, and that made him in such a heat.
JONES--Had he shoes or boots on?
J. GURREY--I did not observe that.
JONES--What did they do the next day?
J. GURREY--The next morning I heard this party was in the
water; I sat up all night, and was fain to wait till my
daughter came down to look after the shop; and then I went to
see her, and she removed into the barn, and they were wiping
her face, closing her eyes, and putting up her jaws; and as I
came back these persons were walking, and I met Mr. Marson and
Mr. Stephens, and told them the news; said I, this person has
come to a sad accident: say they, so we hear; but nevertheless
we will be as good as our word, and go and see her. I went with
them and overtook Mr. Rogers; and Marson said we are going to
see Mrs. Stout. 'O landlord!' said Rogers, 'you may take up
that rogue' (pointing at Mr. Marson) 'for what he said last
night'; but I did not think, they speaking so jocularly, that
there was any suspicion of their being concerned in the murder.
A second time I went, the barn-door was locked; I knocked, and
they opened it, and let us in, and they uncovered her face to
let me see her, and I touched her; and looking about for them
they were gone, and I cannot say they see her or touched her:
Then Mr. Marson and they were consulting how to send a
great-coat to London, and I directed them to a coachman at the
Bell-inn; but I did not hear he went to enquire after the
coachman; then they went to your lordship's chamber, and I went
home; and about eleven o'clock I saw Mr. Marson and Mr.
Stephens coming down with Mr. Spencer Cowper.
MARSON--I did not go out that night after I came in.
JONES--No; we agree that. Did you see Mr. Cowper and these
gentlemen together?
J. GURREY--Only at eleven o'clock on Tuesday noon, Mr. Cowper,
Mr. Marson, and Mr. Stephens were coming down to the market
place.
JONES--Did not they take their leave of you when they went away
from you that forenoon?
J. GURREY--No; only in the morning they told me they would send
me word at noon if they intended to lodge there.
MARSON--I desire to know of Mr. Gurrey, if his sister was not
in the room when we came in?
J. GURREY--She was in our house that day; but whether when they
came in I cannot tell.
COWPER--Pray, have you not had some discourse with your sister,
the widow Davis, concerning some suspicion that you had of
Sarah Walker, that hath been produced as a witness?
J. GURREY--I do not remember any such.
COWPER--Then did not you say these words, We must not concern
ourselves with Sarah Walker, for she is the only witness
against the Cowpers?
J. GURREY--I cannot remember any such thing.
HATSELL, BARON--You may answer according to the best of what
you remember; if you say you have forgot when you have not, you
are forsworn.
COWPER--If your lordship pleases to give leave to Mr. Gurrey to
recollect himself, I ask him, Whether he did not talk with his
sister Davis about some suspicion his wife and he had about
Sarah Walker, the maid-servant of the deceased?
J. GURREY--I believe there might be some talk of a person that
was seen to go into the churchyard at some distance with Sarah
Walker.
COWPER--Did your wife say that she did suspect that person?
J. GURREY--Yes.
COWPER--Did your wife say they behaved themselves strangely,
and that she would have persuaded the widow Blewit to have
watched her?
J. GURREY--There was something of that.
COWPER--Was there not some such words, that they must not
meddle with Sarah Walker, for she is the witness against the
Cowpers?
J. GURREY--I said, Do not concern yourself with Sarah Walker,
for fear of taking off her evidence.
COWPER--Pray did not the widow Davis warm the sheets for these
gentlemen?
J. GURREY--She was with my wife, but I cannot say whether she
warmed the sheets.
COWPER--When they came home, had you any lodgers that wanted to
come home? Had not you one Gape?
J. GURREY--I cannot say whether he was in before or after them.
COWPER--Did not you say to your sister Davis, Now these
gentlemen are in bed, if Mr. Gape would come home, our family
would be quiet?
J. GURREY--I do not remember that.
COWPER--Pray, did not you go to look for Mr. Gape?
J. GURREY--Yes, I went to Hockley's.
COWPER--Who did you employ to speak to Mr. Gape?
J. GURREY--Mrs. Hockley.
COWPER--When you came home to your own house, and after you
had been at Hockley's to speak with Mr. Gape, what account did
you give of the time of night, and other particulars?
J. GURREY--I gave no account of the time.
COWPER--Not to Mrs. Davis?
J. GURREY--I cannot tell whether I did or no.
COWPER--Did not you say, Mr. Gape asked Mrs. Hockley what
a-clock it was?
J. GURREY--No, I do not remember that; but Mrs. Hockley went
in, and told him what time of night it was; it was eleven or
twelve of the clock, which I cannot say.
JONES--Call Martha Gurrey. (Who was sworn.) Which of these
gentlemen do you know?
MRS. GURREY--Mr. Marson, Mr. Rogers, and Mr. Stephens.
JONES--What time of the night was it when they came to your
house? give an account of it, and what you heard them say.
MRS. GURREY--It was a little after five, or thereabouts that
they came.
JONES--Who came?
MRS. GURREY--Mr. Stephens, and Mr. Rogers, and there was one
Mr. Gilbert, that married a first cousin of mine; he came and
asked me for my husband; and I asked him his business, and he
said he wanted to speak to him.
JONES--Pray come to these men; when did they come to your
house?
MRS. GURREY--They hired the lodging at five of the clock. When
they first came to see them I was not at home; Mr. Gilbert
brought them, and as I was coming along the street I saw Mr.
Gilbert walking off, and would not look at me.
JONES--When did they go out?
MRS. GURREY--They never staid there.
JONES--When did they come in again?
MRS. GURREY--Between eleven and twelve.
HATSELL, BARON--What did they do when they came again?
MRS. GURREY--I was laying on some sheets two pairs of stairs
when they came, and then there was three of them; so they saw
me a little after, and begged my excuse for bringing in
another, for they said it was so late that they could not get a
lodging any where else: and said, if I thought fit, the
gentleman should lie with them: And I told them I liked it very
well.
JONES--What firing had they?
MRS. GURREY--The firing I laid on in the morning, and they sent
for my husband to fetch them some wine.
JONES--What did you hear them talk on?
MRS. GURREY--They discoursed with my husband, and asked him if
he knew Mrs. Sarah Stout; and one of them said to Mr. Marson, I
think she was an old sweetheart of yours; Ay, said he, but she
turned me off, but a friend of mine is even with her: And Mr.
Rogers said he was in with her; and afterwards said, her
business was done. They had a bundle, that was wrapt up in pure
white cloth, like to an apron, but I cannot say it was an
apron; and there was a parcel hanging loose by it; and when he
laid it down he said, he would pass his word Mrs. Sarah Stout's
courting days were over; and I said, I hoped it was no hurt to
the gentlewoman; and then I looking upon Mr. Marson, saw him
put his peruke aside, and his head reeked, and he told them he
was but just come from London that night, which made him
disappointed of a lodging.
JONES--What did you hear them say about any money?
MRS. GURREY--I asked them how they would have their bed warmed?
And Mr. Marson answered, very hot: With that I went down to
send my daughter up, and she could not go presently; I told her
then she must go as soon as she could.
HATSELL, BARON--Pray, do not tell us what passed between you
and your daughter: What do you know of these gentlemen?
MRS. GURREY--I went to the next room, to see if every thing was
as it should be; I hearkened, and they had some discourse about
money, and I heard somebody (I do not know who it should be
except it were Mr. Stephens) answer and say, the use money was
paid to-night; but what money they meant I cannot tell.
JONES--What did you find when they were gone?
MRS. GURREY--Sir, I found a cord at the end of the trunk.
JONES--Was it there in the morning, or before they came?
MRS. GURREY--No, it could not have been, for I swept my room,
and wiped down the dust.
JONES--Was the cord white?
MRS. GURREY--No, it was more dirty than it is now, for my
husband and I have worn it in our pockets.
COWPER--Pray, who brought the cord down from above stairs?
MRS. GURREY--My daughter that lived with me, and she laid it
upon the shelf.
COWPER--Did not you hear there was a coroner's inquest sitting?
MRS. GURREY--The next day at night I did hear of it.
COWPER--Why did not you go to the coroner's inquest and give an
account of it there?
MRS. GURREY--I told my husband of it, and I asked my husband if
he did not hear what they said concerning Mrs. Sarah Stout? And
he answered, yes, they ought to be taken up for the words they
said last night: Why, saith I, do not you take notice of it? I
think you ought to take them up. But he went out of doors, and
I saw no more of him till the afternoon. When I heard the
words, I thought somebody had stole away and got to bed to her.
COWPER--Pray, if your husband heard these words, why did not he
go to the coroner's inquest?
MRS. GURREY--I did speak to him to have them taken up.
COWPER--Why did he not do it?
MRS. GURREY--He said he would not do it, he did not know but it
might cost him his life.
JONES--How came you after this to discover it?
MRS. GURREY--Because I was so troubled in mind I could not rest
night nor day; and I told him if he would not tell of it, I
would tell of it myself, for I was not able to live.
_Elizabeth Gurrey was sworn._
JONES--Pray, do you know Mr. Rogers, Mr. Stephens, and Mr.
Marson?
E. GURREY--I know Mr. Marson, and these are the other
gentlemen, I reckon.
JONES--What discourse did you hear from them?
E. GURREY--Mr. Marson asked the other gentlemen how much money
they had spent? the other answered, what was that to him? you
have had forty or fifty pounds to your share. Then the other
asked him, whether the business was done? And he answered, he
believed it was; but if it was not done, it would be done
to-night. Then, my lord, he pulled a handful of money out of
his pocket, and swore he would spend it all for joy the
business was done.
JONES--Was Mr. Cowper's name mentioned?
E. GURREY--I heard them mention Mr. Cowper's name, but not Mrs.
Sarah Stout's.
JONES--What condition was the gentleman's shoes in?
E. GURREY--I think it was Mr. Marson, his shoes were very wet
and dirty; one of them was very hot, and he wiped his head with
his handkerchief.
JONES--Now, my lord, we have done as to our evidence. Mr.
Marson pretended he was just then alighted and come from
London, and was in a great heat, and his shoes were wet: for
when he was examined, he said, he came to town about eight of
the clock, and went to the Glove and Dolphin inn, and stayed
there till he came to his lodging. Now it was a wonderful thing
that he should come wet shod from a tavern, where he had been
sitting four or five hours together.
_Then the Examination of Mr. John Marson was read_:
The Examination of JOHN MARSON, taken before me, this 27th day
of April, 1692.
'Who being examined where he was on Monday the 13th of March
last, saith, That he was at the borough of Southwark (he being
an attorney of the said court) till past 4 of the clock in the
afternoon; and saith, that he set out from Southwark for
Hertford soon after, and came to Hertford about eight the same
afternoon, and put up his horse at the sign of , an inn
there, and then went to the Hand and Glove, together with
Godfrey Gimbart, esq., Ellis Stephens, William Rogers, and some
others, where they stayed till about eleven of the clock at
night, and then this examinant went thence directly to the
house of John Gurrey, with the said Stephens and Rogers, who
lay together in the said Gurrey's house all that night. And
being asked what he said concerning the said Mrs. Sarah Stout,
deceased, this examinant saith, that on Sunday the 12th of
March last, this examinant being in company with one Thomas
Marshall, and telling him that this examinant intended the next
day for Hertford, with the marshal of the King's Bench, the
said Thomas Marshall desired this examinant and the said
Stephens, who was then also in company, that they would go and
see the said Sarah Stout (his sweetheart). He confesseth, that
he did ask the said Gurrey, if he would shew this examinant
where the said Stout lived; telling the said Gurrey that his
name was Marshall, and asked him if he never heard of him
before; and jocularly said, that he would go and see her the
next morning, but doth not believe that he said any thing that
any friend was even with the said Sarah Stout, or to such like
effect. And doth confess, that he did the next day, upon the
said Gurrey's telling him that the said Stout was drowned, say,
that he would keep his word, and would see her. And saith, that
meeting with Mr. Cowper (who is this examinant's acquaintance)
he believes he did talk with him concerning the said Stout's
being drowned, this examinant having seen her body that
morning.