I writ to you by Sunday's post, which I hope you have
received; however, as a confirmation, I will assure you
I know of no inconveniency that can attend your
cohabiting with me, unless the grand jury should
thereupon find a bill against me; but I won't fly for
it, for come life, come death, I am resolved never to
desert you; therefore according to your appointment I
will expect you and till then I shall only tell you,
that I am
'Yours,' etc.
'_For Mrs. Jane Ellen, at Mr. Hargrave's,
near Temple-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 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 intended first to dine with their father at his house in Hatton
Garden, where the witness 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 my shewing it, is not to expose a
woman's weakness, but I would not willingly lie under too many
obligations, 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 of his 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 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
partly 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 may ask her mother, she will tell
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 hand unless I saw her
write it.
MR. STOUT--It is like 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 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 made 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 my staying at her house under these circumstances,
would in probability provoke the censure of the town and
country; and that therefore I could not stay, whatever my
inclination might otherwise be; but, my lord, my reasons not
prevailing, I was forced to decide the controversy by going to
my 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 mile 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 there to the
place where Mrs. Stout 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 when she gave evidence, whether
she went out to see for her mistress all that night, and
whether her mistress did not 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 mistress,
particularly 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 tell her; and
that she did entertain her friends in the summer house now and
then with a bottle of wine; and when her mother asked who was
there? her mistress would say, 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 sometimes 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 all night?
MRS. MINCE--She hath said, she could not tell 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 man officiously to make a new visit in the time of
the assizes, one engaged in business as I was, and especially
upon so melancholy an occasion; I say for me 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, nothing of this could have
happened.
HATSELL, BARON--Mr. Cowper, he is not the prosecutor, I think
it is no matter what he said.
_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 there till eleven o'clock. Rogers and the witness
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, all
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 believe Mr. Stephens
might 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 possibility I might, because I had heard she had
denied Marshall'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 to it?
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 not
think Mr. Marson would have come that day, and therefore we
provided 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 of this gentlewoman; but I
never saw her in my life, nor heard of her name before she was
mentioned 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.
_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 of his coming to
Hertford.
RUTKIN--My lord, I came to wait on the marshal of the King's
Bench to Hertford, and when we were come 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 till about seven
o'clock; and between seven and eight o'clock came Mr. Marson
and Dr. Hanks to town, and then we 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 concerned 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 management, had done more against these
gentlemen than all the prosecutor's witnesses could do besides.
To add to that I have another piece of evidence that I have
just been acquainted with; my 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 lay the sheets for the
men in Gurrey's house, and while 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 little, 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 comes, and would have the whole scheme
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.
_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 call 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 remember that.
MR. STOUT--I would have called 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:--
The other witnesses that came afterwards, speak concerning the
finding of the body in the river, and tell you, in what posture
it was. I shall not undertake to give you the particulars of
their evidence; but they tell you she lay on her right side,
the one arm 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, concerning 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 herself, 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 imagine what there should be to induce this
gentlewoman, a person of plentiful fortune, and a very sober
good reputation, to destroy herself.'
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 gentlemen that came 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 time. 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 make of it. As to Mrs. Stout, there was no sign of any
circle about her neck, which, as they say, must have been if
she had been strangled; some spots there were; but it is said,
possibly these might have been occasioned by rubbing against
some piles or stakes in the river. Truly, gentlemen, 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 more
of the evidence.
The jury then retired, and in half an hour returned with a verdict of
Not Guilty as to all 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 1819. The effect of such a proceeding 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 discovering 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 of a gross contempt, and heavily 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 Englishman. The court of
king's bench, to show their resentment, 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.