SIR,

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.

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