SAMUEL GOODERE AND OTHERS

On the 18th of March 1741, at the Bristol Gaol-delivery, Samuel

Goodere,[51] Matthew Mahony, and Charles White were indicted for the

murder of Sir John Dineley Goodere, the brother of the first-named

prisoner. They were tried before Serjeant Michael Foster.[52] The trial

was adjourned to the 26th on account of Goodere's health, when there

appeared for the prosecution _Vernon_, and for the prisoner _Goodere_,

_Shepard_ and _Frederick_. The other prisoners were undefended.

_Vernon_ opened the case. He began--

May it please you, Mr. Recorder, and you, gentlemen that are

sworn on the jury, I am counsel for the King against the

prisoners at the bar, who stand indicted for the murder of sir

John Dineley Goodere; they are also charged on the coroner's

inquest with the same murder; and though it is impossible for

human nature not to feel some emotions of tenderness at so

affecting a sight as now presents itself at the bar; yet,

gentlemen, should the guilt of this black and frightful murder

be fixed upon the prisoners (as from my instructions I fear it

will be), pity must then give way to horror and astonishment at

the baseness and barbarity of the fact and circumstances; and

our sorrow ought to be that, through the lenity of the laws,

the unnatural author and contriver of so shocking a piece of

cruelty, and this, his brutal accomplice in the ruffianly

execution of it, should be to share the common fate of ordinary

malefactors.

He then proceeds to point out that the indictment alleges that Mahony

strangled the deceased, and that Goodere was present aiding and abetting

him in the act; that therefore it would be immaterial for the jury which

of the two actually committed the act, if they were acting together; and

that it would not be material whether they strangled the deceased with a

rope, a handkerchief, or their hands, 'so the kind of death be proved.'

Goodere was Sir John's brother, and there had long been a quarrel

between them owing to various causes, particularly because Sir John had

cut off the entail of a property in Worcestershire, to which Goodere

would otherwise have been the heir in default of Sir John's issue. He

had recently been appointed captain of the _Ruby_ man-of-war, and in

January last she was lying in the King's road, within the county of

Bristol. Sir John had been ordered to Bath for his health, and had made

an engagement to call, on his way there, at the house of Mr. Jarrit

Smith, in Bristol, to transact some business. Goodere had asked Smith to

arrange a meeting between him and his brother to effect a

reconciliation, and accordingly this visit, which was to take place on

Tuesday the 13th of January, had been fixed upon for the purpose. On

Monday the 12th, Goodere and Mahony called at the White Hart Inn, near

the foot of College Green, in view of, and almost opposite to, Smith's

house; and Goodere, commending the view from a closet above the porch,

ordered breakfast to be prepared for him there the next day. On Tuesday,

Goodere, accompanied by Mahony, and a gang of men belonging to a

privateer called the _Vernon_, whom he had hired to assist him in

seizing Sir John, 'but whom one would have thought, the name of that

gallant admiral should have inspired with nobler sentiments,' came to

the White Hart, where Goodere went upstairs to the closet he had

ordered, and the others posted themselves below to watch for Sir John.

He soon arrived, armed with pistols, and followed by a servant, but only

made a short stay at Mr. Smith's, promising to come again the next

Sunday. He was too well protected for it to be advisable to interfere

with his movements, but Goodere's men, at his order, followed him a

little way down the hill as he left the house. Mr. Smith afterwards told

Goodere that his brother would return the next Sunday, and advised him

to be in the way, that he might bring them together. Goodere accordingly

made all his arrangements to effect his purpose. He ordered one

Williams, a midshipman, to bring up the man-of-war's barge on Sunday, to

leave it at a point a little below Bristol, with two or three men in

charge of her, and to bring on the rest of the crew to meet him at the

White Hart, explaining that he was going to bring some one on board.

Accordingly, on the Sunday, Goodere, the barge-men, and the

privateersmen, all met at the White Hart; and at three in the afternoon

Goodere went across to Mr. Smith's. There he met his brother, with whom

he spent some time, conversing and drinking with him apparently on

perfectly friendly terms. After half an hour, however, Sir John rose to

go, followed by his brother; as soon as they got into the street Goodere

made a sign to his men in the White Hart, who immediately seized Sir

John, and partly led him, and partly carried him towards the boat which

was waiting for them, as Goodere had ordered. Sir John made what

resistance he could, calling out that he was ruined, and that his

brother was going to take his life; his captors, however, explained to

bystanders who tried to interfere that he was a murderer, whom they were

arresting, and kept off the crowd by means of the bludgeons and

truncheons with which they were armed. They could not prevent Sir John,

however, from calling out, as he was being put into the barge, that he

was going to be murdered, that the people by were to tell Mr. Smith, and

that his name was Sir John Dineley. The privateersmen were landed lower

down the river, and at about seven in the evening Sir John was brought

on board the _Ruby_. There his brother pretended to the crew that he was

a madman, and shut him up in the purser's cabin, on to the door of

which he had two new bolts fitted. A sentry was posted outside the door,

but at some time after midnight he was relieved by Goodere himself, who

admitted Mahony and White, keeping back another man from approaching it.

A struggle was heard in the cabin, and Sir John calling out, 'Murder!

must I die! Help, for God's sake! save my life, here are twenty guineas,

take it!' Then Mahony called for a light, which was handed in to him by

Goodere, while he still kept another man away from the cabin door by his

cutlass. Goodere then withdrew to his cabin, and Mahony and White were

put ashore in the ship's yawl. In the morning the ship's cooper, who had

heard Sir John calling out, and in fact seen a part of the attack on him

through a chink, broke open the door of the purser's cabin and found the

dead body. Goodere was then arrested by the crew, and brought before the

Mayor of Bristol, where he denied all knowledge of the matter.

_Shepard_ asked that the witnesses for the prosecution should be ordered

out of court.

_Vernon_ replied that he had no right to this, and that as it would seem

to cast a slur upon their honesty he objected to it being done.

_Shepard_ admitted that he had no right to it, but asked it as a favour;

on which all witnesses were ordered to leave the court, an exception

being made in favour of Mr. Jarrit Smith, who claimed a right to be

present as he was prosecuting solicitor as well as a witness.

_Chamberlayn_ was called, and said that about three weeks before the

death of Sir John he was asked by Goodere to interpose with Mr. Jarrit

Smith to bring about a reconciliation between him and Sir John. He went

to Mr. Smith as he was asked to, and he promised to do all he could in

the matter. The brothers had been at law a long while, and spent a great

deal of money, and that was why Goodere wanted Mr. Smith to bring about

a reconciliation between them.

_Jarrit Smith_ was then called, and deposed that Mr. Chamberlayn had

brought him the message he had described, and had brought Goodere to his

house, and that he had promised him to do what he could to bring about a

reconciliation.

Some little time after they were gone, I saw sir John, and told

him that Mr. Goodere had applied to me to do all I could to

reconcile them. Sir John seemed to speak much against it at

first, and thought it would be to no purpose; for that he had

been a real friend to the captain, who had used him very ill;

but at last he was pleased to pass a compliment on me, and

said, I cannot refuse anything you ask of me. He then mentioned

several things the captain had said; and in particular told me

that at the death of sir Edward Goodere, his father, Mr.

Goodere, the prisoner, had placed several persons in the house

where sir Edward lay dead, in order to do him some mischief,

and he apprehended to take away his life.

SHEPARD--I must submit it to the Court, that what sir John said

at that time is not a matter of evidence.

THE RECORDER--It is not evidence, but perhaps it is

introductory to something Mr. Smith has further to say; if it

be not, it should not have been mentioned.

SMITH--And that he had endeavoured to set aside a common

recovery, and made strong application to the Court of Common

Pleas for that purpose.

SHEPARD--Whether this be evidence, I insist upon it that in

point of law it is not, and it may have an effect on the jury.

THE RECORDER--I will take notice to the jury what is not

evidence. Go on, Mr. Smith.

SMITH--After sir John had repeated several stories of this

sort, he concluded at last (as I told you before), And why, Mr.

Smith, if you ask it of me, I can't refuse. I saw Mr. Goodere

soon after, and told him I had seen sir John and talked with

him, and he was pleased to tell me, that he would see him, and

bid me contrive a convenient place to bring them together. I

told Mr. Goodere about the attempt to set aside the recovery. I

wonder, said Mr. Goodere, he should mention anything of that,

for I can set it aside when I please. I told him, I thought he

could not; for, said I, I have a good opinion on it, and am to

lend a large sum of money on the Worcestershire estate. He

said, I wonder that any body will lend him money on that

estate; I am next in remainder, and they will run a risk of

losing their money, I do assure you; and he cannot borrow a

shilling on it without my consent: but if my brother was

reconciled, then, if we wanted money, we might do it together,

for he cannot secure it alone. He told me, that he should take

it as a great favour, if I could fix a time as soon as I could

to bring them together. Soon after I saw sir John, and he told

me he was very deaf, and was advised to go to Bath, and then

appointed to be with me on Tuesday, the 13th of January last,

in the morning, when he would talk with me about the business

of advancing the money on his estate. After this I saw Mr.

Goodere, and told him that I had seen his brother; that he was

to be with me on Tuesday, the 13th of January last, and desired

him to be in the way, for sir John was always very punctual to

his appointment; and if business or anything happened to

prevent him he always sent me a letter. Mr. Goodere thanked me,

and told me he would be in the way; and on the Tuesday morning

sir John came to me on horseback, just alighted and came into

my office. I asked him to sit down, which he refused, saying

his head was bad; that he must go for Bath, having been advised

to go there for some time, and then he did not doubt but he

should be better. I told sir John, that his brother knew he was

to be in town therefore hoped he would sit down a little, for

that I had promised him to bring them together. He said, I

can't now, but you shall see me again soon, and then I may do

it. I asked him, when shall I see you again, to finish the

business you and I are upon? the writings are ready, name your

own time, the money will be paid. He appointed to be with me on

Monday morning to settle that business; and said, I shall come

to town the Saturday or Sunday before, and when I come I will

let you know it: he then mounted his horse and rid off.

Shortly after (as I was going to the Tolzey) at, or under

Blind-gate, I met Mr. Goodere, and told him I was glad to see

him and that his brother had been in town. He said he had seen

him and thought he looked better than he used to do. I told Mr.

Goodere that his brother had appointed to be with me on Monday

morning next on business, and I expected him to be in town

either the Saturday or Sunday before. I then had many

compliments from Mr. Goodere, and he said, how good it would be

to make up the matter between him and his brother. I heard

nothing of sir John being in town till Sunday the 18th of

January last, in the morning, when he sent me a letter to let

me know that he came to town the night before, and would be

glad to call upon me at any time I would appoint. I sent him

for answer, that I was to dine from home, but would return and

be at home at three o'clock that afternoon. And as I was

passing by, I stopt the coach at captain Goodere's lodgings in

Princes Street. I asked if he was at home? Found him alone, and

then shewed him sir John's letter. He read it, and asked the

time I appointed. I told him three o'clock that afternoon. Said

he, I think my brother writes better than he used to do. I

said, Mr. Goodere, I think it would be best for you to be

accidentally on purpose at that time at my house. No, says he,

I don't think that will be so well, I think it would be better

for you to send for me. I returned to my house, and my servant

told me that sir John had called, and that he would be here

again presently. Whilst my servant was telling this, sir John

came in; I took him by the hand, and asked him how he did? I

thank God, says he, I am something better; and after I have

settled this affair with you, I will go to Bath for some time,

and then, I hope, I shall be better. I said, captain Goodere is

waiting, I beg you will give me leave to send for him; you know

you said you would see him. With all my heart, says sir John, I

know I gave you leave. I then sent down a servant to captain

Goodere's lodgings, to let him know sir John was with me, and

desired him to come up. The servant returned, and said, Here is

captain Goodere; on which I said, sir John, please to give me

leave to introduce your brother. He gave me leave: captain

Goodere came in, went directly and kissed him as heartily as

ever I had seen any two persons who had real affection one for

the other. I desired them to sit down. Sir John sat on one side

of the fire, and captain Goodere on the other, and I sate

between them. I called for a table and a bottle of wine, and

filling a full glass, I said, sir John, give me leave to drink

love and friendship. Ay, with all my heart, says sir John; I

don't drink wine, nothing but water; notwithstanding, I wish

love and friendship. Captain Goodere filled a bumper, and

pledged it, spoke to his brother, and drank love and friendship

with his brother's health. We sate some time, all seemed well,

and I thought I could have reconciled them. The cork lying out

of the bottle, captain Goodere takes up the cork in his hand,

put it into the mouth of the bottle and struck it in very hard.

I then said, though sir John will not drink wine, you and I

will. No, says captain Goodere, I will drink water too, if I

drink any more; and there was no more drank. After they had

talked several things (particularly captain Goodere of the

pleasantness of the situation of the estate in Herefordshire

and goodness of the land) in a very pleasant and friendly way,

sir John rose up, and said, Mr. Smith, what time would you have

me be with you to-morrow morning? I appointed nine o'clock. He

said, Brother, I wish you well; then said to me, I will be with

you half an hour before. Sir John went down the steps; the

captain was following; I stopt him, and said, Pray don't go,

captain, let you and I drink a glass of wine. No more now, I

thank you, sir, said he. I think, said I, I have done great

things for you. He paused a little and said, By God, it will

not do; and in a very short time the captain went very nimbly

down the steps. I followed him to the door, and observed him to

go after sir John down the hill; and before he turned the

churchyard wall, to be out of my sight, I observed some sailors

come out of the White Hart ale-house, within view of my door,

and they ran up to captain Goodere. I heard him say, Is he

ready? (I thought he meant the boat), they said, Yes. He bid

them make haste. Then they ran very fast towards the

lower-green, one of them having a bottle in his hand; captain

Goodere went very fast down the hill, and had it not been by

mere accident I should have followed him (but some people think

it was well I did not), for I promised my wife to return to the

house where we dined in Queen's-square, where I went soon

after.

MR. RECORDER--Mr. Smith, did they all go toward the lower

green?

SMITH--No, Sir; but some towards the butts on St. Augustine's

back. Sir John went that way, and captain Goodere followed him;

but the men who came out of the ale-house went toward the lower

green some of them. About 5 o'clock in the evening, as I was

riding up the hill towards the College-green I observed a

soldier looked hard at me into the coach, as if he had

something to say, and seemed to be in a confusion. I walked

into the court, the soldier with me, and then he said, I am

informed, Sir, your name is Mr. Jarrit Smith. Yes, says I, it

is. (What I am now going to say, Mr. Recorder, is what the

soldier told me.) He told me, that as he was drinking with a

friend at the King's Head ale-house at the Lime-kilns, he heard

a noise, and ran out to see what was the matter, when he saw a

person dressed (as he described) like sir John's dress.

VERNON--Pray, Sir, how was sir John dressed?

SMITH--Sir John was dressed in black clothes, he had a ruffled

shirt on, a scarlet cloak, a black velvet cap (for the sake of

keeping his ears warm) and a broad-brimmed hat flapping. He

described this exactly, and told me likewise, that the captain

of the man-of-war and his crew had got the person into custody,

and by force had put him on board the man-of-war's barge or

boat lying near the Slip, by the King's Head; that the

gentleman cried out, For God's sake if you have any pity or

compassion upon an unfortunate man, go to Mr. Jarrit Smith, and

tell him how I am used: and that the captain hearing him cry

out, stopt his mouth with his hand.

MR. RECORDER--What did the soldier desire of you?

SMITH--The soldier desired me to enquire into it, for that he

did not know the intention of taking off a gentleman in that

way.

MR. RECORDER--Did you do any thing on that request of the

soldier?

SMITH--Yes, Sir; it immediately occurred to me, that sir John,

when he left my house, told me that he was going to his

lodgings. I went to his lodgings (which was at one Mr. Berrow's

near the mint), I there asked for him, and related the story I

had heard; they told me they had not seen him since he went to

my house.

VERNON--Mr. Smith, Sir, will you inform us by what name the

unfortunate gentleman (you are speaking of) was commonly

called?

SMITH--Sir John Dineley Goodere; his mother was a Dineley, and

there came a great estate from her side to him, which

occasioned his being called by the name of Dineley.

VERNON--When sir John went from your house on Tuesday, was he

alone, or had he any attendants with him?

SMITH--Sir John was well guarded; he had pistols, and I think

his servant had pistols also.

VERNON--I think you told us but now, that sir John was to be

with you on Sunday; pray, when did you let Mr. Goodere know it,

Sir?

SMITH--I met captain Goodere that very day at Blind-gate, and

told him of it; and he said, he had met his brother himself.

VERNON--Pray, Sir, did Mr. Goodere tell you, to whom the estate

would go on sir John's death?

SMITH--Yes, he has often said he was the next remainder man,

and that the estate would come to himself on his brother's

death.

MR. RECORDER--Well, Mr. Goodere, you have heard what Mr. Smith

hath said, have you any questions to ask him?

MR. SHEPARD--Mr. Recorder, what I have to ask of you, with

submission, in behalf of Mr. Goodere, is, that you will indulge

counsel to put his questions for him to the Court, and that

the Court will then be pleased to put them for him to the

witnesses. It is every day's practice at the courts of

Westminster, Old Bailey, and in the Circuit.

_Vernon_ replied that the matter was entirely in the discretion of the

Court, and that Shepard could ask for nothing as a matter of right.

The judges, I apprehend, act as they see fit on these

occasions, and few of them (as far as I have observed) walk by

one and the same rule in this particular; some have gone so far

as to give leave for counsel to examine and cross-examine

witnesses, others have bid counsel propose their questions to

the court; and others again have directed that the prisoner

should ask his own questions; the method of practice in this

point is very variable and uncertain; but this we certainly

know, that by the settled rule of law the prisoner is allowed

no other counsel but the court in matters of fact, and ought

either to ask his own questions of the witnesses, or else

propose them himself to the Court.

He then asked Jarrit Smith one more question, to which he replied.

VERNON--Sir, I think you were present when Mr. Goodere was

brought to Bristol after his brother's being killed; I'd be

glad to know whether you then heard him say anything, and what,

concerning this foul business?

SMITH--I was present when Mr. Goodere was brought to Bristol

after this murder happened, when he was asked (before the

justices) about the seizing, detaining and murdering sir John

Dineley; and he then directly answered that he did not know

that his brother was murdered or dead. He was then asked in

relation to the manner of seizing him, and carrying him away;

he said he knew nothing of it till he came to the boat, and

when he came there he saw his brother in the boat; but he did

not know that his brother had been used at that rate.

SHEPARD--Mr. Smith, Sir, you are speaking about sir John; by

what name did you commonly call him?

SMITH--Sir John Dineley Goodere.

THE RECORDER--Mr. Goodere, have you any questions to ask Mr.

Smith?

GOODERE--Yes, Sir. Mr. Smith, I ask you what sir John Dineley's

business was with you, and how much money were you to advance?

SMITH--Five thousand pounds, Sir; and I told him that I was

satisfied that it was a good title.

GOODERE--I ask you if you knew him to be a knight and a

baronet?

SMITH--I can't tell; I never saw the letters patent.

GOODERE--Can't you tell how you styled him in the writings?

_Vernon_ objected to this, because baronetage must be derived from

letters-patent, and therefore could not be properly proved by Mr.

Smith's personal knowledge; and added that it was not material, because

the indictment alleged that the person murdered was Sir John Dineley

Goodere, and the prosecution would prove that he usually went by that

name.

To this _Shepard_ answered that if the person killed was a baronet, and

was not so described, there was a misdescription, and the prisoners

could not be convicted on that indictment.

_Vernon_ then argued at some length that the necessity of setting out a

personal description in an indictment applied only to the defendant, and

that all that the law required in the description of the person on whom

the offence was committed was a convenient certainty; and that a

description by the Christian and surname sufficed. Besides, this was all

begging the question, for as it did not appear in proof that the

deceased was a baronet, he might, for all that appeared judicially, have

been christened Sir John.

Had we called the deceased in the indictment sir John Dineley

Goodere baronet, then, Sir, we should probably have been told

that we had failed in proof of the identity of the person, for

that the baronetage was in its creation annexed to, and made a

concomitant on, the patentee's name of Goodere, and waited only

on that name; and that the deceased, considered as a baronet,

was not of the maternal name of Dineley, and so upon the matter

no such person as sir John Dineley Goodere baronet ever existed

_in rerum natura_.[53]

_Shepard_ pointed out that they could not be expected to produce

letters-patent to show that the deceased was a baronet, because the

prisoner had not been allowed to see, or to have a copy of his

indictment; and that it was only on hearing it read that the defence

became aware that the deceased was not described as a baronet. He

therefore hoped that Goodere might be allowed to ask the question he

proposed of Mr. Smith, who having been familiar with Sir John, and seen

all his papers and title-deeds, must know the certainty of his title and

degree.

_The Recorder_ held that it was sufficient if the deceased was described

by his Christian and surname; and that the question proposed to the

witness was improper, for that it was not material whether the deceased

was a baronet or not.[54]

_Morris Hobbs_ was the landlord of the White Hart. He could see Mr.

Jarrit Smith's house from his windows; and had seen the prisoners

before.

VERNON--I would not lead you in your evidence, but would be

glad you'd give an account to Mr. Recorder, and the jury,

whether Mr. Goodere (the gentleman at the bar) applied to you

about coming to your house; if so, pray tell us when it was,

and upon what occasion?

HOBBS--The 12th of January (which was on Monday) captain

Goodere and Mahony came to my house; captain Goodere asked my

wife, Have you good ale here? She said, Yes; he also asked,

What place have you over-head? I answered, A closet, a place

where gentlemen usually sit to look out. Will you please to let

me see it, says he? Yes, Sir, said I. I went up to shew it, he

and Mahony went up; the captain said it was a very fine

prospect of the town; he asked for a pint of ale, I drawed it,

and he gave it to Mahony, he drank it: and then the captain

asked my wife, whether he might have a dish of coffee made

to-morrow morning? Sir, said she, it is a thing I don't make

use of in my way; but, if you please, I will get it for you.

Then he told her, he would be there to-morrow morning by about

nine o'clock. Mahony was by then.

VERNON--Did you hear this discourse pass between your wife and

Mr. Goodere?

HOBBS--Yes, I did, and then the captain paid for his pint of

ale, and went away; and the next morning (being Tuesday the

13th of January) he came again to my house before my wife was

up, and I was making the fire (for I keep no servant). I did

not know him again, I thought he was another man; says he,

Landlord, can't you open them windows in the parlour? I told

him, I would, and so I did; he looked out, and I thought that

he had been looking for somebody coming from College prayers.

He asked where my wife was? Says I, she is a-bed: because, said

he, I talked with her about having some coffee for breakfast. I

told him, she should come down presently, but I had much rather

he would go down to the coffee-house, where he would have it in

order. No, says he, I will have it here. My wife came down, he

asked if he might go upstairs where he was before; he went up,

and by and by Mahony and three men more came in; I did not know

Mahony's name; when they came in, the captain was above stairs;

he directed me to make his men eat and drink whatever they

would, and he would pay for it; I brought them bread and

cheese, they eat what they pleased; Mahony went backwards and

forwards, up stairs and down several times; he went out, but

where, or what for, I did not know.

VERNON--Did Mahony, when he went up stairs, go in to Mr.

Goodere?

HOBBS--Yes, several times; Mahony put the coffee, and some

bread and butter, and made the toast, and did everything for

the captain, I thought he had been his footman. When the

captain had breakfasted, and had made the men welcome, he

shifted himself (some porter brought fresh clothes to him). By

and by a man rid along, who, I believe, was sir John Goodere's

man, with pistols before him; I heard somebody say that it was

his man: and soon after the captain had shifted himself, Mahony

went out about a quarter of an hour, and came back sweating,

and went up to the captain; and I looking out of the window saw

the man on horseback, and leading another horse (which I took

to be his master's) and by and by sir John mounted, and rid

down between my house and the church; and I had some glimpse

of him, and heard the captain say, Look well at him, but don't

touch him.

THE RECORDER--This you heard the gentleman above stairs say to

the four men below?

HOBBS--Yes, Sir, he spoke these words to the four who came in.

VERNON--Did sir John and his man appear to have any arms?

HOBBS--Yes, Sir, they had both pistols before them.

VERNON--Those men that were along with Mahony, do you know what

ship they belonged to?

HOBBS--There was a young man, I believe something of an

officer, came to my wife, and asked her, Is the captain of the

man-of-war here? She answered that she did not know; but there

was a gentleman above, and there were six other men besides in

the other room in another company, which I did not know

belonged to the captain, until he ordered six pints of ale for

them. The captain ordered entertainment for ten men.

VERNON--Where were those six men?

HOBBS--In the kitchen; they did not belong to the man-of-war,

nor were not in company with the other four.

VERNON--Now, will you proceed to give an account what followed

upon Mr. Goodere's saying, Look well at him, but don't touch

him.

HOBBS--As soon as sir John went down the hill, this Mahony

stept up to the captain and came down again, and he and the

other three in his company went down the hill, and the captain

followed them; the clothes which the captain pulled off were

left in the room; when the captain was going out at the door

with his sword and cloak, I thought I was pretty safe of my

reckoning, because of his clothes being left. The captain said

at the door, Landlady, I will come back and pay you presently.

VERNON--How long was it before Mr. Goodere returned to your

house?

HOBBS--He came again in about a quarter of an hour: When he

came again, he went upstairs, changed a guinea, he asked what

was to pay? I told him four shillings and one penny half-penny,

and then went away. About an hour and a half after Mahony and

the other came again, sweating, and said they had been a mile

or two out in the country. Mahony asked credit for a tankard of

ale, and said his master would come up on Saturday following,

and then he would pay for it: Well, said I, if he is to come up

on Saturday, I will not stand for a tankard of ale; but if he

don't come, how shall I have my reckoning? Says Mahony, I live

at the Scotch arms in Marsh-street. Well, said I, I will not

deny drawing you a tankard of ale, if you never pay me. Said

he, You had best get the room ready against Saturday, and make

a fire, and just dust it.

VERNON--Pray, when Mr. Goodere went away from your house was he

in the same dress as when he came that day?

HOBBS--No, Sir. When he came there he had a light-coloured

coat, and he looked like a country farmer at his first coming

in; but when he was out, he had a scarlet cloak on, wore a

sword, and had a cane in his hand; a porter brought him the

things.

VERNON--Do you know any thing of what happened on the Sunday

following?

HOBBS--Yes, Sir; the Sunday morning Mahony came to my house,

having trousers, a short jacket and leather cap on, asked for a

quart of ale, this was Sunday: My wife said, Don't draw any

more upon tick. Mahony gave a sixpence and paid for it, and

said, See that the room be clear, the captain will be up in the

afternoon, and then he will be here; And as he was going out of

the house, he said to me, If you fortune to see that gentleman

go up with the black cap before that time, do you send a porter

to me to the Scotch arms. I told him I had no porter, and could

not send. About 3 o'clock in the afternoon when he came again

with a person who had a scalled face, and one or two more, a

man who lodged in the house came and told me, that they wanted

to go up stairs; but I would not let them, because it was in

service-time. They all went into the parlour, and had a quart

of ale, and when that was drunk, Mahony called for another; and

then eight or nine men more came and called for ale, and went

into the parlour, but still kept looking out; and one of them

being a little fellow, I don't know his name, kept slamming the

door together, ready to break the house down. Says I, Don't

break my house down about my ears, don't think you are in

Marsh-street; then the little fellow came up as if he was going

to strike me, as I was coming up out of the cellar with a

dobbin of ale in my hand, for a gentleman going to the college;

I saw this gentleman (pointing to the prisoner Samuel Goodere)

and the deceased walk down the hill, I looked after them, and

so did Mahony; and then all those men rushed out, and followed

them. Mahony paid the reckoning, and went away: I ran in to see

after my tankard for I was more afraid of losing that than the

reckoning. And that is all I do know from the beginning to the

end.

VERNON--How long did he continue at your house on the Sunday?

HOBBS--I believe, Sir, an hour and a half; and there was some

or other of them still looking out and waiting at the door.

THE RECORDER--You say that Mahony desired you that if you saw

the gentleman in the black cap go by, to send a porter; who did

you apprehend that gentleman to be?

HOBBS--The gentleman that rode down the Tuesday.

ONE OF THE JURY--To what place were you to send the porter?

HOBBS--To the Scotch arms in Marsh-street, where Mahony lodged,

if the gentleman in the black cap did go up to Mr. Smith's.

VERNON--I think, you say, you saw Mr. Goodere on the Sunday go

down the hill, after the gentleman in the black cap?

HOBBS--I did, Sir; but nobody at all was with him.

GOODERE--Did you see me at all that day?

HOBBS--Yes, Sir, I saw you go into Mr. Jarrit Smith's; and when

you came down the hill, after the gentleman in the black cap,

you called out to Mahony and his company, and bid them to look

sharp.

GOODERE--Did you see anybody with me that day? I was not at

your house that day.

HOBBS--I did not say you were; but as you was going to Mr.

Jarrit Smith's, I heard one of your men say, There goes our

captain, or else I had not looked out.

MAHONY--I beg leave, my lord, to ask him, who it was that the

captain bid Mahony to look sharp to?

HOBBS--The gentleman with the black cap.

THE RECORDER--Was the gentleman in the black cap, at whose

going by they all rushed out, the same gentleman whom you had

seen before go to Mr. Jarrit Smith's?

HOBBS--Yes, Sir, but Mahony gave half-a-crown for my reckoning,

and as they rushed out so hastily, I was afraid they had taken

away my tankard; for which reason I went to look after it, and

saw no more.

_Thomas Williams, sworn._

VERNON--Mr. Williams, I think you belonged to the _Ruby_ at the

time when this melancholy affair happened?

WILLIAMS--Yes, Sir.

VERNON--What station were you in?

WILLIAMS--I was ordered to walk the quarter-deck.

VERNON--Will you give an account of what you know in relation

to the ill-treatment of sir John Dineley Goodere? Tell all you

know about it.

WILLIAMS--I came up on Sunday the 18th day of January last for

my commander, went to his lodgings, he was not at home. I was

told there that he dined that day at Dr. Middleton's and he was

just gone there. I went to Dr. Middleton's after him, and he

was just gone from thence; I then returned to his lodgings and

found him there; I told him the barge was waiting for his

honour. He asked me if I knew the river, and if I knew the

brick-yard at the lime-kilns? I told him that I knew the

lime-kilns, and at last I recollected that I did remember the

brick-yard he meant. That is well enough, says he. While I was

there, Mahony came up to him, and the captain desired of me to

go down stairs, for he wanted to speak to Mahony in private. I

went down stairs, by and by Mahony came down and went away;

then I went up to captain Goodere again, when he directed me to

get all the hands together, and go down into the barge, and,

says he, let it be landed at the brick-yard. He asked me, if I

knew the White Hart in the College Green? I told him, I did,

and he directed me to take eight men up with me to the White

Hart, and let two remain in the boat for I have a gentleman

coming on board with me. I did as I was ordered; and when I

came to the White Hart, I saw Mahony and some of the

privateer's men with him there in a room; I did not like their

company; I went into the kitchen; I asked the landlord to make

me a pint of toddy; he asked me, whether I would have it hot or

cold; I told him a little warm; he was going about it but

before it was made, Mahony and the privateer's men rushed out

of the house: I seeing that, followed them; they had the

gentleman in possession before I came to them, and were

dragging him along. I asked them what they were at? One of the

privateer's men told me, if I did not hold my tongue he would

throw me over the key into the river, and immediately captain

Goodere came there himself; The privateer's men asked what they

should do with him, and he directed them to take him on board

the barge. I followed them down the butts, the gentleman cried

out Murder, murder! Mr. Stephen Perry, the anchor-smith, came

out of his house, and asked me what was the matter; I told him

I did not know: Mahony said he was a murderer, he had killed a

man on board the man-of-war, and that he had run away; they had

carried him before a magistrate, and he was ordered back to the

man-of-war to be tried by a court-martial.

THE RECORDER--Was the captain within hearing at the time Mahony

said that?

WILLIAMS--He was just behind.

THE RECORDER--Was he within hearing?

WILLIAMS--He was; and when they had brought him into the barge

captain Goodere desired to have the cloak put over sir John to

keep him from the cold, but sir John said he did not want a

cloak, neither would he have it. The privateer's men wanted me

to put them on the other side the water, but I said I would not

without the captain's orders. They asked the captain, and he

directed me to do it, and I put them ashore at the glass-house,

and just as we came over against the hot-wells, there was a

gentleman standing whom sir John knew, to whom sir John cried

out, Sir, do you know Mr. Jarrit Smith? But before he could

speak any more, the cloak was thrown over him to prevent his

crying out, and the captain told me to steer the barge on the

other side, until we got clear of the noise of the people; and

when we were got clear, he directed me to steer the boat in the

middle, as I ought to do. I obeyed his orders.

THE RECORDER--Who threw the cloak over him?

WILLIAMS--The captain. And the captain being as near to sir

John as I am to your lordship, sir John asked the captain what

he was going to do with him? Says the captain, I am going to

carry you on board, to save you from ruin, and from lying

rotting in a gaol.

VERNON--And what reply did sir John make to that?

WILLIAMS--He said, I know better things, I believe you are

going to murder me; you may as well throw me overboard, and

murder me here right, as carry me on board ship and murder me.

No, says the captain, I am not going to do any such thing, but

I would have you make your peace with God. As I steered the

boat, I heard all that passed. We brought sir John on board

between 7 and 8 o'clock, he could hardly go up into the ship,

he being so benumbed with cold; he did go up of his own accord,

with the men's assistance.

VERNON--How was he treated on board the man-of-war?

WILLIAMS--Sir, I don't know how they treated him after he went

on board the ship. I was excused from watching that night so I

went to my hammock; but after I was got out of my first sleep,

I heard some people talking and walking about backwards and

forwards: I was surprised; at last I peeped out of my hammock,

and asked the centinel what was o'clock. He said, between two

and three. And then I saw captain Goodere going down the ladder

from the deck towards the purser's cabin, but for what

intention I know not. I believe he came from his own cabin.

THE RECORDER--Whereabout is the purser's cabin?

WILLIAMS--The purser's cabin is in a place called the Cockpit,

the lower steps of the ladder is just by the door of the

purser's cabin.

THE RECORDER--And it was that ladder you saw the captain go

down, was it?

WILLIAMS--Yes, Sir, it was.

VERNON--Mr. Williams, you have not told us all the particulars

of sir John's treatment between the seizing and carrying him to

the barge.

WILLIAMS--One of the men had hold of one arm, and another the

other, and a third person was behind shoving him along.

VERNON--Where was captain Goodere then?

WILLIAMS--He was just behind him.

VERNON--How near was he to him?

WILLIAMS--Sometimes he was as near to him as I am to you.

THE RECORDER--How many were there in the company, do you think,

in the rope-walk, when they were carrying sir John along?

WILLIAMS--There were five of the privateer's men, and Mahony

made six, and there were nine belonging to the barge; about

sixteen in all.

RECORDER--At what distance were you?

WILLIAMS--At a pretty great distance; I walked just before

them; I saw them take him along in the manner I have said; I

heard sir John cry out murder several times as he went, as they

took him along the rope-walk.

In answer to Goodere, the witness said that he slept on the starboard

side of the gun-room, and that he could see people coming down into the

cockpit, because the gun-room came unusually far out; there was no other

cabin but the purser's in the cockpit. He did not know where the ship

lay, being but a foremast man.

_Samuel Trivett, sworn._

VERNON--Will you give an account to Mr. Recorder and the Jury

of what you know relating to this business?

TRIVETT--On Sunday the 18th of January last, I was at a public

meeting in the rope-walk; I heard a noise of people cried, Damn

ye, stand off, or else we will knock your brains out; I stepped

up, and asked what right they had to carry a man along after

that manner? I followed them: their answer was, it was a

midshipman who had committed murder, and they were taking him

down to the ship to do him justice; other people likewise

followed, enquiring what was the matter the gentleman was

behind, and ordered them to make more haste.

VERNON--Look upon the prisoner at the bar, Mr. Goodere; is that

the gentleman that ordered them to make more haste?

TRIVETT--I believe that is the man, my lord. On the gentleman's

ordering them to make more haste, five or six of them caught

him up in their arms, and carried him along; and as they were

got down about the corner of Mr. Brown's wall, he insisted upon

their making more dispatch, and then they hurried him as far as

captain Osborn's dock. By that time his clothes were ruffled

and shoved up to his arm-pits; they put him down, and settled

his clothes, and then I saw his face, and knew him to be sir

John Dineley: he cried out murder several times, and said, they

were taking him on board to kill him, he believed. As they were

going with him along, he cried out to Mrs. Darby, For God's

sake assist me, they are going to murder me. I told Mrs. Darby

it was sir John Dineley: she said she knew him; the cloak was

then over his face. As they got him further, he called out to a

little girl, to get somebody to assist him, for they were going

to murder him. They pushed him along to Mrs. New's house, and

made a little stop there, and then they brought him to the

water-side, where was a boat; they put out a plank with ledges

nailed across: he was ordered to go on board the boat; they got

him on board, and put him to sit down in the stern-sheet: then

he cried out, For God's sake, gentlemen, if any of you know Mr.

Jarrit Smith in the College-green, tell him my name is sir John

Dineley. One of the men put his cloak and covered him, and

before he could say any more, that gentleman (pointing to the

prisoner Goodere) took his hand and put it on his mouth, and

would not let him speak any further, and ordered the boat to be

pushed off, which was done; and the tide making up strong, the

boat got almost to the other side. I heard that gentleman

(pointing as before) say, Have you not given the rogues of

lawyers money enough already? Do you want to give them more? I

will take care that they shall never have any more of you; now

I'll take care of you.

THE RECORDER--Prisoners, will either of you ask this witness

any questions?

GOODERE--No, I never saw the man before in my life.

_Thomas Charmsbury, sworn._

CHARMSBURY--On Sunday the 18th of January last, between the

hours of four and five in the afternoon, I was on board the

ship called the _Levant_, lying in Mr. Thompson's dock; I heard

a noise coming over the bridge of the dock, and I saw a man in

a scarlet cloak, and a parcel of people, some before and some

behind, guarding of him, and he made a noise. I went towards

them, to see what was the matter, and at Mr. Stephen Perry's

counting-house (they rested) I asked, what was the matter?

They said, he had killed a man on board a man-of-war; that he

had run away; and they had had him before a magistrate, and he

was ordered on board the king's ship to be carried round to

London to take his trial. Mr. Perry (on hearing the noise) came

out and saw him; says Mr. Perry, Gentlemen, do you know what

you are about? I would not be in your coats for a thousand

pounds, for it is 'squire Goodere. They threatened to knock

down any that should come near; a fellow, I take him to be

Mahony, came up to me, and threatened to knock me down several

times. They took and carried him as far as captain James Day's

lofts and warehouse, where he keeps his hemp; and there they

rested him again, and threatened to knock down any that should

come near them. Then said Mahony, Damn ye, here comes the

captain. Immediately I turned about, and saw a gentleman with

his cane poised in one hand, and his sword in the other; he had

a dark shag coat and yellow buttons, whom I take to be that

gentleman the prisoner at the bar. They took up the man in the

scarlet cloak again, and carried him so far as coming out from

the lower College-green into the rope-walk: the prisoner

Goodere came up to them and ordered them to mend their pace;

they took him up again, and carried him as far as Brown's

garden, at the lower end of the rope-walk, as fast as they

could well carry him, where they settled his clothes, and in

the meanwhile the prisoner Goodere came up to them again, and

ordered them to mend their pace. With much difficulty they got

him between the gate and stile, and carried him as far as the

warehouse at the corner of the glass-house, there they rested

and settled his clothes again; then they took him up, and

carried him down to the Lime-kilns, as far as the lower part of

the wall below madam New's; and then brought him down to a

place opposite to the King's-head, and then they put him on

board a boat (I take it the man-of-war's barge) having ten

oars, and they handed him in. After, the prisoner Goodere went

into the boat after him, and set sir John on the

starboard-side, and the prisoner Goodere on the larboard-side;

then sir John cried out, Murder! you gentlemen that are on

shore, pray tell Mr. Jarrit Smith that my name is Dineley, and

before he could say Goodere the gentleman took up the flap of

the cloak, threw it over the face of sir John, and stopped his

mouth; and says he, I will take care of you, that you shall not

spend your estate; and ordered the barge to be put off; and

then he took the gentleman's cloak from his shoulders, and put

it on his own.

THE RECORDER--Who was it that stopped his mouth with his cloak?

CHARMSBURY--That gentleman the prisoner at the bar. The boat

was so full, had so many people in it, that they were obliged

to row but with eight oars: and when they proceeded down the

river, it being about three quarters flood, and the gentleman

continually crying out, they went out of sight, and I saw no

more of them.

_Mrs. Darby_, who lived at the limekilns, saw Sir John forced along

between two men; he was crying out, Murder, murder! for the Lord's sake

save me, save me, for they are going to kill me. She knew Sir John very

well; she had mended his chair for him last summer; she was told that

the gentleman at the bar was the captain of the man-of-war; he was

dressed in a dark drab-coloured coat, and his waistcoat was trimmed with

gold. She heard Sir John cry out something as he was being hurried into

the boat, but she could not hear what.

_William Dupree_ was drinking at the King's Head with a friend, and a

young woman who was reading at the window said she heard a great noise,

on which they went out, and saw a company of men forcing a gentleman

along, the prisoner Goodere coming behind them. They said that he had

murdered a man, and that they were taking him on board for justice. They

put him on the yawl, while Captain Goodere stood by. He cried out, 'For

God's sake! go and acquaint Mr. Jarrit Smith, for I am undone, they will

murder me.' The witness went back to the King's Head, where the people

advised him to go to Mr. Jarrit Smith and inform him of it, which he

did. When Sir John cried out he saw Goodere put his hand on his mouth.

_Theodore Court, Master of the Ship, sworn._

VERNON--Will you tell Mr. Recorder and the jury what you know

concerning the death of sir John Dineley Goodere?

T. COURT--On the 18th of January last, being Sunday, the barge

went up to fetch captain Goodere from Bristol, and about seven

of the clock in the evening he came on board, and when he came

into the gangway, says he, How do you all do, gentlemen?

Excuse me, gentlemen, from going the right way to-night, for I

have brought an old mad fellow on board and I must take care of

him. I saw a gentleman with a black cap coming up the ship's

side, and his groans shocked me, so that I could not help him;

he looked much surprised as a person used ill; as soon as he

was on board he was taken into custody, and carried by the

captain's orders down to the cockpit, and put into the purser's

cabin, and a centinel ordered upon him; and I saw him no more

at that time. Next morning I was told that the captain's

brother was murdered, and that the captain had given Charles

White and Mahony leave to go on shore.

THE RECORDER--By whose direction was he put into the purser's

cabin?

T. COURT--The captain himself went down and saw them put him

in.

VERNON--Whereabout in the ship is the purser's cabin?

T. COURT--In the cock-pit.

VERNON--Was it a place where gentlemen who came on board

commonly lay?

T. COURT--No, nobody had laid in it for a considerable time.

The next morning the cooper met me, and said, Here is fine

doings to-night, Mr. Court! Why, what is the matter? said I.

Why, said he, about three o'clock this morning they went down

and murdered sir John. The ship was in an uproar; the Cooper

said, if Mr. Perry (the lieutenant) did not secure the captain,

he would write to the board; we had several consultations in

the ship about it. The captain sent for me to breakfast with

him: I accepted his invitation; I can't say but he behaved with

a very good name to all the people on board. About ten o'clock

Mr. Perry, myself, and the other officers, with the cooper,

consulted about securing the captain. Mr. Perry cautioned us

not to be too hot; for, said he, if we secure the captain

before we know sir John is dead, I shall be broke, and you too.

We send for the carpenter, and desired him to go down and open

the cabin-door, the centinel who stood there having said it was

lock'd; the carpenter went down, opened the cabin-door, and

came up, and said sir John was murdered; and that he lay on his

left side, with his leg up crooked. I told them, gentlemen,

there is nothing to be done before the coroner comes; and

therefore we must not touch him: whereupon the door was ordered

to be fastened up; we then consulted how to take the captain,

and a method was agreed on for that purpose. And as soon as the

captain was taken, he declared he was innocent of it, that he

knew not that his brother was murdered. When the coroner came,

I saw the deceased, and my heart ached for him.

THE RECORDER--Who was it put the centinel upon sir John?

T. COURT--The captain ordered it to be done.

VERNON--Is it usual to place a centinel at the purser's

cabin-door?

T. COURT--No, it is not; unless there be somebody there under

confinement.

VERNON--Is there any other cabin near the purser's?

T. COURT--Yes, there is the slop-room just by; there the cooper

and his wife lay that night: there is just a little partition

of about half-inch deal, parting the slop-room from the place

where sir John lay confined.

VERNON--Pray, will you tell us whether any and what discourse

passed between Mr. Goodere and you, about sailing, and when it

was?

T. COURT--Sir, in the morning he asked me, Will the wind serve

to sail? He said, he had another pressing letter from the lords

of the admiralty to sail as soon as possible. I told him that

the wind was west-south-west, and that we could not go out to

sea; for no pilot would take charge of the ship I believed. And

as this is a harbour where a pilot is allowed, I don't pass for

this place; otherwise I must have observed his orders.

VERNON--Did he acquaint you how far or to what part, he would

have you sail?

T. COURT--Yes, he said, if he got no further than the Holmes,

he did not care; and asked me if it was safe riding there. I

told him it was not; for it was foul ground for such a ship as

ours.

THE RECORDER--Mr. Goodere, will you ask this witness any

questions?

GOODERE--What cabins are there in the cock-pit?

T. COURT--I know no cabins there but the purser's cabin and the

slop-room, etc.

VERNON--Call Mr. Williams.

_William Williams_ produced a watch which he had found in a vault in

Back Street. Culliford, who kept the Brockware Boat on the Back, had

reported at the Council House, when he was examined there, that a watch

and some money had been left at his house; but his wife, when asked for

them, denied the watch, but afterwards admitted that she had thrown it

into the vault where the witness afterwards found it.

_T. Court_ said that the captain had had a watch like the one produced.

In answer to Goodere, he said that there were in the cockpit the

steward's room, the purser's cabin, and the slop-room. The ship had been

moored on Thursday the 15th of January. When Sir John was murdered she

lay in the King Road; the witness then described the position of the

ship with greater detail.

_Vernon_ interposed to state that the ship was in the King Road, which

was well known to be within the franchise of the city: the sheriffs of

the city continually executed writs there; and such a serious matter

ought not to be decided on a side wind.

_Duncan Buchanan_, one of the crew of the _Ruby_, was ordered to go to

the White Hart on Tuesday the 13th of January, and there were Mahony and

the privateer's men drinking hot flip. He saw a gentleman come out of

Mr. Smith's; he was mounted, and had pistols before him; he was followed

by a servant, also armed. Some of the men ran out, and Goodere followed

them and ordered them to follow the gentleman. On the 18th, the barge

came alongside the ship, about seven in the evening, with the gentleman

in it. The witness stood in the gangway to receive him.

When he came up, I heard him make a moan, and the captain said,

I have brought a madman on board, bring him along, I will bring

him to his senses by-and-by. I saw them take him along the

gangway. You must not mind what he says, said the captain; and

he was ordered down to the purser's cabin: I was ordered

centinel there. About twelve o'clock the captain sent for me to

come up to him, and I laid down my sword and went up, and

Mahony was there with him; and there was a bottle of rum and a

glass before them: the captain asked me to drink a dram, I

thanked him and drank. He asked me how his brother was? I told

him he groaned a little; says the captain, I know the reason of

that, he is wet, and I am coming down by-and-by to shift him

with dry stockings: so I left the captain and Mahony together.

Some time after the captain came down to me as I was at my post

at the purser's cabin; he asked if his brother made a noise; I

told him no; upon which the captain listened a little time at

the door, and then said, Give me the sword, and do you walk

upon deck, for I want to speak to my brother in private. Soon

after this Mahony went down, and very soon after Mahony was

down, I heard a great struggling in the cabin, and the

gentleman cry out Murder! I then thought the gentleman had been

in one of his mad fits; but now I suppose they were then

strangling him. As I was walking to-and-fro in the gun-room, I

looked down, and saw the captain take the candle out of the

lanthorn, which was hanging up there, and he gave the candle

into the cabin.

THE RECORDER--Where was Mr. Goodere when you heard the cry of

murder?

BUCHANAN--In the cock-pit by the purser's cabin-door, with the

sword in his hand.

THE RECORDER--What time of the night was this?

BUCHANAN--Between two and three o'clock; I lighted a candle at

the lanthorn in the gun-room, and was going down to the captain

with it, as supposing him to be without light; and as I was

going down with it, the captain held up his sword, waved it,

and said, Go back, and stay where you are.

THE RECORDER--You said that sir John Dineley cried out Murder!

Was that before you offered the candle to the captain?

BUCHANAN--Yes, Sir; it was before.

THE RECORDER--How long?

BUCHANAN--About a quarter of an hour.

THE RECORDER--How long did the cry of murder continue?

BUCHANAN--About three or four minutes; soon after the captain

had ordered me to keep back, he called for a candle, and I

carried one down, and he gave me the sword, and bid me stand

upon my post; and said he, if my brother makes any more noise,

let him alone and send for me; and he locked the purser's

cabin-door, and took the key away with him; and in the morning

the doctor's mate, the cooper, and I consulted together about

it; and I was willing to know, if sir John was dead or not: and

when we peeped into the cabin, we saw him lying in a very odd

sort of posture, with his hat over his face, and one of his

legs lay crooked; upon which we concluded he was dead.

THE RECORDER--How long were you off your post from first to

last?

BUCHANAN--I can't tell exactly.

THE RECORDER--Recollect as well as you can.

BUCHANAN--About three quarters of an hour.

THE RECORDER--And could you see who was at the purser's

cabin-door all that time?

BUCHANAN--Yes, Sir; I saw the captain stand at the foot of the

ladder at the door, with a drawn sword, from the time I went up

to the time I came down again; he locked the door, and carried

the key away with him.

VERNON--Pray, were there any bolts on the purser's cabin-door?

BUCHANAN--Yes, there were bolts on the door; they were put on

soon after sir John came on board: sir John was in that cabin

when they were put on.

VERNON--You say you heard a noise and outcry of murder; how far

were you from the cabin-door when you heard that cry of murder?

BUCHANAN--I was walking to-and-fro the gun-room.

VERNON--How far is that from the purser's cabin-door?

BUCHANAN--As far as I am from you.

VERNON--Whom did you see go into the purser's cabin to sir

John?

BUCHANAN--I saw Mahony go in there.

VERNON--Did you see any other person go in besides Mahony?

BUCHANAN--No, I did not; I saw Mahony go in just before the cry

of murder, but no other person.

VERNON--Do you know any thing about securing the captain?

BUCHANAN--Yes, I will tell you what happened then. We went and

secured him. As soon as he was laid hold of, he cried out, Hey!

hey! what have I done? We told him his brother was murdered,

and that he had some concern in it. He said, What if the

villains have murdered my brother, can I help it? I know

nothing of it.

GOODERE--Did you see me in the cabin at all?

BUCHANAN--No, Sir, I don't say you were in the cabin.

THE RECORDER--Mr. Goodere, the witness does not say he saw you

in the cabin, but at the door, and with a sword in your hand,

and that you handed in a light after the cry of murder was

over.

GOODERE--I could not have been in the cabin without Buchanan's

seeing me go in, because he stood at the bulkhead of the

gun-room.

THE RECORDER--Mahony, will you ask this witness any questions?

MAHONY--Are you certain that I was in the cabin when you heard

the groans?

BUCHANAN--I am positive you were there in the purser's cabin

when I heard the murder cried out.

_Daniel Weller, sworn._

VERNON--I think you are the carpenter belonging to the _Ruby_

man-of-war?

WELLER--Yes, Sir, I am.

VERNON--Give an account to Mr. Recorder and the jury of what

you know relating to this business.

WELLER--The 18th of January last, about seven o'clock in the

evening, the captain came on board in the barge; as I attended

him, I observed he seemed in a pleasant humour, he came upon

the deck at once, and said he had brought a poor crazy man on

board, who had been the ruin of himself and family, and that he

had now brought him on board to take care of him: he took him

down to the cock-pit, and having been there a little while, one

of my people came and asked for some bolts; I asked, What for?

He told me it was to put on the outside of the purser's

cabin-door, to bolt the crazy gentleman in. I gave him a bolt;

after he had nailed it on, he came and wanted another: I had

another, gave it to him, and went down to see the bolts put on.

Sir John cried out, What are you doing, nailing the door up? I

answered, No. I ordered the door to be opened, to turn the

points of the nails. The door being opened, sir John asked

whether the carpenter was there? I told him I was the man. The

centinel told me no-body must go in there; however, I went in,

while they turned the points of the nails. Sir John bid me sit

down, and asked me, What does my brother mean by bringing me on

board in this manner, to murder me? No, Sir, says I, I hope

not, but to take care of you. He asked me, if his brother told

me that he was mad? I saw no more of him till next morning.

VERNON--And what did you see then?

WELLER--Next morning the lieutenant sent me down to see if sir

John was dead. I went down and asked the centinel for the key;

he told me the captain had been there in the night, and had

taken away the key in his pocket. I broke open the cabin-door,

and sir John was lying on one side dead, with his right leg

half up bent, his hat was over his face, with blood bespattered

about his mouth and nose. I went directly up, and told the

lieutenant of it.

THE RECORDER--By whose orders did you put the bolts on the

door?

WELLER--One of my people came to me for bolts, and told me he

was ordered by the captain to put the bolts on; and none of

them ever came for any thing to be done, without an order of an

officer.

_Edward Jones, sworn._

VERNON--Mr. Jones, I think you are the cooper of the ship

_Ruby_?

JONES--Yes, Sir.

VERNON--Were you on board upon Sunday the 18th of January last?

JONES--Yes, Sir, I was.

VERNON--In what cabin did you lie that night?

JONES--I had no cabin, but I made bold to lie in the slop-room

that night, having my wife on board.

VERNON--Pray what is that you call the slop-room?

JONES--It is like a cabin.

VERNON--How near is the slop-room to the purser's cabin?

JONES--Nothing but a thin deal-partition parts it from the

purser's cabin.

VERNON--Will you relate to Mr. Recorder and the jury what you

know about the murder of Mr. Goodere's brother; tell the whole

you know concerning it.

JONES--About Wednesday or Thursday before this happened, the

captain said to me, Cooper, get this purser's cabin cleaned

out, for he said he expected a gentleman shortly to come on

board. I cleaned it out; and on Sunday evening the gentleman

came on board, when the people on deck cried, Cooper, shew a

light. I brought a light, saw the captain going down the

cock-pit ladder, the gentleman was hauled down: he complained

of a pain in his thigh by their hauling him on board. The

captain asked him, if he would have a dram? He said no; for he

had drank nothing but water for two years. The captain ordered

Mahony a dram; he drank it; he also ordered one Jack Lee to put

two bolts on the purser's cabin-door. The gentleman walked

to-and-fro the purser's cabin while they were nailing the bolts

on. He wanted to speak with one of the officers. The carpenter

told him he was the carpenter. Says the gentleman, Do you

understand what my brother Sam is going to do with me? And

said, His brother had brought him on board to murder him that

night. The carpenter said, He hoped not, but what was done was

for his good. The captain said, They must not mind what his

brother said, for he had been mad for a twelvemonth past. And

the captain went up again, and went into the doctor's room. I

went to bed about eight o'clock. Some time about eleven o'clock

at night I heard the gentleman knock, and said, He wanted to

ease himself; to which the centinel gave no manner of heed. Is

it not a shame, said he, to keep a gentleman in, after this

manner? At last, some other person spoke to the centinel, and

says, Why don't you go up and acquaint the captain of it, that

the gentleman may ease himself? Soon after Mahony comes down

with a bucket, for the gentleman to ease himself. Mahony sat

down in the cabin, and he and the gentleman had a great deal of

discourse together; the gentleman said he had been at the

East-Indies, and told what he had got for his merit; and Mahony

said, some by good friends. I heard the gentleman, after Mahony

was gone, pray to God to be his comforter under his affliction.

He said to himself, he knew that he was going to be murdered,

and prayed that it might come to light by one means or

another. I took no notice of it, because I thought him a crazy

man. I slept a little, and about two or three o'clock my wife

waked me. She said, Don't you hear the noise that is made by

the gentleman? I believe they are killing him. I then heard him

kick, and cry out, Here are twenty guineas, take it; don't

murder me; Must I die! must I die! O my life! and gave several

kecks with his throat, and then he was still. I got up in my

bed upon my knees: I saw a light glimmering in at the crack,

and saw that same man, Mahony, with a candle in his hand. The

gentleman was lying on one side. Charles White was there, and

he put out his hand to pull the gentleman upright. I heard

Mahony cry out, Damn ye, let us get his watch out; but White

said he could not get at it. I could not see his pockets. White

laid hold of him, went to tumbling him up to get out his money,

unbuttoned his breeches to get out his watch; I saw him lay

hold of the chain; White gave Mahony the watch, who put it in

his pocket; and White put his hand into one of the gentleman's

pockets, and cursed that there was nothing but silver: but he

put his hand in the other pocket, and there he found gold.

White was going to give Mahony the gold: damn ye, says Mahony,

keep it till by-and-by.

THE RECORDER--In what posture did sir John lie at that time?

JONES--He lay in a very uneasy manner, with one leg up; and

when they moved him, he still remained so, which gave me a

suspicion that he was dead. White put his hand in another

pocket, took out nothing but a piece of paper, was going to

read it. Damn ye, said Mahony, don't stand to read it. I saw a

person's hand on the throat of this gentleman, and heard the

person say, 'Tis done, and well done.

THE RECORDER--Was that a third person's hand, or the hand of

Mahony or White?

JONES--I cannot say whether it was a third person's hand or

not. I saw but two persons in the cabin, I did not see the

person, for it was done in a moment. I can't swear I saw any

more than two persons in the cabin.

THE RECORDER--Did you take notice of the hand that was laid on

sir John's throat?

JONES--I did.

THE RECORDER--Did it appear to you like the hand of a common

sailor?

JONES--No; it seemed whiter.

VERNON--You have seen two hands held up at the bar. I would ask

you to which of them it was most like in colour?

JONES--I have often seen Mahony's and White's hands, and I

thought the hand was whiter than either of theirs; and I think

it was neither of their hands by the colour of it.

THE RECORDER--Was sir John on the floor, or on the bed?

JONES--On the bed; but there was no sheets: it was a

flock-bed, and nobody had lain there a great while.

VERNON--How long did the cries and noise which you heard

continue?

JONES--Not a great while: he cried like a person going out of

the world, very low. At my hearing it, I would have got out in

the mean time, but my wife desired me not to go, for she was

afraid there was somebody at the door that would kill me.

VERNON--What more do you know concerning this matter, or of

Mahony and White's being afterwards put on shore?

JONES--I heard some talking that the yaul was to go to shore

about four of the clock in the morning, and some of us were

called up, and I importuned my wife to let me go out. I called,

and asked who is centinel? Duncan Buchanan answered, It is I.

Oh, says I, is it you? I then thought myself safe. I jumpt out

in my shirt, went to him; says I, There have been a devilish

noise to-night in the cabin, Duncan, do you know any thing of

the matter? They have certainly killed the gentleman, what

shall us do? I went to the cabin-door where the doctor's mate

lodged, asked him if he had heard any thing to-night? I heard a

great noise, said he. I believe, said I, they have killed that

gentleman. He said, he believed so too. I drawed aside the

scuttle that looked into the purser's cabin from the steward's

room, and cried, Sir, if you are alive, speak. He did not

speak. I took a long stick, and endeavoured to move him, but

found he was dead. I told the doctor's mate that I thought he

was the proper person to relate the matter to the officer, but

he did not care to do it then. If you will not, I will, said I.

I went up to the lieutenant and desired him to come out of his

cabin to me. What is the matter, said he? I told him I believed

there had been murder committed in the cock-pit, upon the

gentleman who was brought on board last night. Oh! don't say

so, says the lieutenant. In that interim, whilst we were

talking about it, Mr. Marsh the midshipman came, and said, that

there was an order to carry White and Mahony on shore. I then

swore they should not go on shore, for there was murder

committed. The lieutenant said, Pray be easy, it can't be so; I

don't believe the captain would do any such thing. That

gentleman there, Mr. Marsh, went to ask the captain if Mahony

and White must be put on shore? And Mr. Marsh returned again,

and said, that the captain said they should. I then said, it is

certainly true that the gentleman is murdered between them. I

did not see Mahony and White that morning, because they were

put on shore. I told the lieutenant, that if he would not take

care of the matter, I would write up to the Admiralty, and to

the mayor of Bristol. The lieutenant wanted the captain to

drink a glass of wine: the captain would not come out of his

cabin; then the lieutenant went in first; I followed him. I

told the captain that my chest had been broke open, and I

desired justice might be done. Then I seized him, and several

others came to my assistance.

THE RECORDER--Mr. Goodere, do you ask Mr. Jones any questions?

GOODERE--Do you know whether the midshipman was sent away on

the king's business, or else only to put those two men on

shore?

JONES--I know not, you were the captain of the ship.

THE RECORDER--Mahony, will you ask this witness any

questions?

MAHONY--Did you see me lay hands on the gentleman?

JONES--Yes, I did, as I have already related.

_Margaret Jones, sworn._

VERNON--Mrs. Jones, pray acquaint Mr. Recorder and the jury

what you know about the murder of sir John Dineley Goodere (the

gentleman ordered by Mr. Goodere into the purser's cabin).

MRS. JONES--About seven o'clock in the evening, the 18th of

last January, the captain (having been on shore) came on board,

and came down into the cock-pit, and asked if the cabin was

clean? My husband answered, yes. On which the captain gave

orders to bring down the gentleman; and the captain said to the

doctor, Doctor, I have got an old mad fellow here, you must

doctor him up as well as you can. They brought the gentleman

into the cabin, the captain asked him how he did now? The

gentleman complained that he had a great pain in his thigh, he

was hurted by the men's hauling him as they had done. The

captain asked him if he would drink a dram of rum? He answered,

No; for he said he had drank nothing but water for two years

past. The captain gave a dram to several persons there; and he

gave orders for some sheets to be brought; and he said to

Mahony, As his clothes are wet, do you pull them off. And the

gentleman said to Mahony, Don't strip me, fellow, until I am

dead. The gentleman said, Brother Sam, what do you intend to do

with me? The captain told him that he brought him there to save

him from rotting in a gaol. About ten o'clock Mahony was left

there; the gentleman desired him to go; but Mahony said, I have

orders to abide here, to take care of you. The gentleman said

to Mahony, I can abide by myself. Before the captain went away,

he bid Mahony to see if his brother had any knife about him.

The gentleman gave up his knife to Mahony, desired him to take

care of it, for it was his son's knife. The gentleman asked

about the knife several times in the night. About twelve

o'clock I went to sleep; about two o'clock I wakened again: I

heard the gentleman talk to Mahony, but Mahony advised the

gentleman to go to sleep. He said, I cannot sleep. They talked

together a great while. Mahony said, I am to go on shore in the

morning, and if you have any letters to send to Bristol, I will

carry them for you. I heard somebody say to the gentleman, You

must lie still, and not speak a word for your life. Some

minutes after I heard a great struggling; who it was, I don't

know. The gentleman cried out, Murder; help for God's sake! and

made several kecks in his throat, as though somebody was

stifling him. I shook my husband, told him that somebody was

stifling the gentleman. I heard two people in the cabin

whispering; I don't know who they were. The gentleman cried out

murder again, Help for God's sake! He said, I have twenty

guineas in my pocket, here take it; must I die! Oh, my life!

And just about that time, before he was dead, somebody from the

outside offered to come into the cabin, but I heard one of the

persons on the inside say, Keep out, you negro; and then a

great noise was made; I thought the cabin would have been beat

down. Some few minutes after the gentleman had done struggling,

a candle was brought: I soon got up, and looked through the

crevice: I saw a man, who I believe to be White, take the

gentleman by the coat, and pulled him upright. I saw Mahony

with a candle in his hand; I observed the other to put his hand

in the gentleman's pocket. One of them said, Damn ye, pull out

his watch. Then I saw the person take hold of the watch-string

and pull it out, and he said to the other, Here 'tis, take it,

and put it into thy pocket. Then one of them put his hand in

another pocket, and took it out, said, Here's nothing but

silver; and then he searched another pocket, and said, Here it

is; and pulled out a green purse: soon after that, the door was

unbolted, I heard a person say, Where shall I run? who I

believe was Mahony; and the other, Charles White, said, Follow

me, boy. And they went to go upon deck through the hatch-hole,

which is an uncommon way; and that is all I know.

THE RECORDER--Mr. Goodere and Mahony, do either of you ask this

witness any questions?

GOODERE--No.

MAHONY--No.

_James Dudgeon, sworn._

VERNON--Mr. Dudgeon, I think you are the surgeon's mate

belonging to the _Ruby_?

DUDGEON--Yes, Sir.

VERNON--Give Mr. Recorder and the jury an account what you know

relating to this matter.

DUDGEON--I am very sorry that I should come on this occasion

against captain Goodere, because he ever behaved towards me in

a genteel manner. The week before this happened, I was told by

one of the officers, that the captain was going to bring his

brother on board; and on Sunday the 18th of January, about the

dusk of the evening, the barge came down to the ship. I was at

that time walking the quarter-deck; some of our people seeing

the barge a-coming they said, Our captain is coming on board

with his brother sure enough: but instead of coming up the

quarter-deck, the captain went down upon the main-deck, and I

still kept walking on the quarter-deck, expecting to see the

gentleman when he went into the great cabin, but I afterwards

found that he was ordered down to the cock-pit. Soon after, I

went down there myself; and the captain being there, said,

Doctor, I have brought a madman to you, I don't know what we

shall do with him, but we must make the best of him that we

can; and Mahony came down likewise. The captain sent his

steward for a bottle of rum, Mahony had a dram of it. The

captain asked sir John if he would have one? Sir John replied,

No; for, said he, I have not drank any thing of that nature for

two years past; he groaned several times. There was then one

Cole at the foot of the ladder, to whom also the captain gave a

dram; then there was a centinel put upon the cabin-door; but

Cole asked the captain if he might go in, and the captain said

he might. The old gentleman made a noise as the captain went up

the ladder; the captain told him, We have now brought you on

board, and will take care you shall want for nothing. After the

captain was gone, Cole wanted to go in, but the centinel would

not let him; telling him that his orders were to let none in

but Mahony: however, Cole went up and got leave of the captain

to go in, and he did go in. Soon after this the captain came

down again to the cock-pit, and came into my place, and sat

down; and after talking of things promiscuously, he said, he

believed it would be proper for me to go and feel his brother's

pulse; or else, Doctor, he said, do you chuse to leave it alone

till to-morrow morning? I made answer, that to-morrow morning

might be the best time; because the gentleman may be much

confused by being brought down on the water. Come, said he, let

us go in now; for I believe it will be as well. If you please,

Sir, said I, I will; so the centinel opened the door, and we

both went in. Immediately after, the captain went out again,

and forthwith the door was shut upon me: which very much

surprised me, to think that the captain should leave me with a

madman, and I observed the captain to peep through; I then

asked the gentleman what he mostly complained of? and felt his

pulse. He then made some groans, and told me, that he had got a

great cold last week at Bath, and that he felt a severe pain in

his head. I was going to ask him some more questions, but the

captain called me, and said, Don't ask him any more questions,

but only feel his pulse. Then the centinel opened the door, and

I came out, and the captain and I went into my place again.

Well, doctor, said he, how do you find his pulse? Why, Sir,

said I, his pulses are very regular. Why, said he, I believe he

was pretty much hurried upon the water. Then the captain went

up the ladder, and a little while after he came down again;

there were two midshipmen with me in my place, and when the

captain came in, they went to go out, but he desired one of

them to stay, for he had something to say to him, because he

was to go up for letters in the morning; so we sat down, and

talked of various things; but I informed the captain that the

old gentleman have had hard lodging to-night. Why, said he, I

would put another bed in there, and have given him clean

sheets, but he would not hear anything of this kind. Then said

he to me, Doctor, I believe it will not be amiss to take an

inventory of everything he has about him, for fear it should be

reported that he is robbed. I replied, Sir, it may not be

amiss. By-and-by, Cole came tumbling down the ladder, the

midshipman opened the curtain to see who it was; Captain, said

he, that is Cole, and I then told that Cole had been drunk a

great part of that day. Soon after that the captain opens the

curtain, and sees Mahony stand by the centry. Mahony, said he,

I thought you had been about the thing which I sent you to do;

which I take to be getting the money out of the gentleman's

pocket. No, Sir, said he, I chuse to do it after he is asleep.

Very well, said the captain. Then the captain spoke to the

midshipman, and said, Mr. Marsh, You are to go up for letters

to-morrow, and if anyone takes notice of what was done to-day,

you may tell the people that it is my brother, and he is very

much disordered in his brains, and I have got him on board in

hopes of getting relief for him. Sometimes, Doctor, says he, he

can talk as well as you or I; but at other times, he is very

much out of order. About eight o'clock I was for going to bed,

but did not till an hour and a half after; and about that time

sir John was making a great noise, and asking who is without

the door, what must I do my affairs in the cabin? What a shame

is it? Will not you let me have anything to do it in? but

nobody made any reply. Upon which I said to the centinel, why

don't you answer the gentleman? Are not you ashamed of it? Upon

which, I suppose, one went up to the captain and he came down,

and said, he was sorry that the gentleman should make such a

disturbance; but he hoped, that the first night would be the

worst: upon which the captain went up, and Mahony went in; and

I heard the gentleman and him talking together, and he asked

Mahony, what his brother was going to do with him? What, says

he, does he say I am mad? Formerly I used to be so, but now I

have not tasted any thing stronger than water these two years.

But, said he, to be sure these fellows are not sailors who

attacked me this day; they are not sailors, for, if so, they

are sadly degenerated from what sailors were formerly, for I

myself have been at sea, and might have been a commander. About

half an hour after ten, I fell asleep, but was very uneasy.

About twelve the centinel was sent for to go up to the captain,

but soon came down again; and about half an hour after two I

awaked, hearing some stir in the cock-pit; and I heard Mahony's

voice in the cabin, saying, Lie still and sleep, Sir. In a

short time after that I heard a struggle, and sir John cried

out, Here is 20 guineas for you, take it; must I die? And it

seemed to me, by his speaking, that they were stifling his

mouth. Upon which the person who stood centry upon the cabin

turned the key, whereupon Mahony cried out in a terrible

pucker, Damn ye, keep the door fast. Upon which I spake, and

said, What is the matter? what a noise is that? And the person

who stood centinel made answer, Nothing at all, nothing at all;

so I lay still a while, and all was pretty quiet. A little time

after that, Mahony called for a light, and the cabin-door was

opened, and a light handed in; the cock-pit was then in

darkness, so all was quiet again for some time. Soon after that

the cabin-door was opened again, and I heard as if two or three

people were coming out of the cabin, and heard Mahony say,

which way shall I go? And somebody made answer, you may go

through the hatch-hole. He repeated the question, which way

shall I go? and the other answered, by the ship-side. I then

thought somebody had been murdering sir John sure enough, and

they are carrying off his body that way; at the same time a

person stept up the cock-pit ladder, and I heard the captain's

voice, and he said, Centry, if he makes any more noise, let me

know it; but I thought within myself, that he was past that.

After this was past, all was pretty quiet, and the centinel

kept walking without my room: I was cautious of speaking to

him, not knowing who he was; but soon after, one of the

captain's servants came down to the store-room for liquor, and

he asked the centry whether he had made any noise lately? To

which he replied, You may tell the captain that the gentleman

hath been at the lock. About half an hour after, the person who

was upon the watch came to me, and asked, if I had any commands

on shore, for the boat was going up? I told him, No; but

perceiving by his voice who it was, I called him to come to me

in the dark, and I whispered, and said to him, Mr. Heathorne,

here hath been a hellish cabal to-night, I believe they have

murdered the gentleman; doth Mahony go on shore? He answered,

that he did; then, said I, the thing is done. I then asked who

was the centry without my door? and he told me; whereupon I

called the centry to me, and asked him, what noise and cabal is

this that hath been here to-night? He said, He did not know;

but the captain, said he, hath been down several times

to-night, and that he had taken the sword from him. Just after

this, in came Edward Jones, the cooper, and his wife shaking

and trembling; and said, White and Mahony had murdered the

gentleman sure enough. I told them, I did believe they were

both going on shore; and I would, said I, have you tell the

lieutenant what you saw of the matter, and let him know that I

am of the same opinion with you: but do you first go into the

steward's room, and draw the scuttle, and then you'll see

whether he is dead, or no. Upon which they went and drawed the

scuttle, and a cat fled in their face, and they found the

gentleman lay in the same posture as White and Mahony left

him. I then bid them go and tell the lieutenant the matter,

that those fellows might be prevented from going ashore; but

yet, said I, we can't stop them neither, seeing they have the

captain's orders. Then went Jones up forthwith, and I believe,

told the lieutenant; and I also stept up to him just after, and

told him, that I believed sir John was actually murdered; for,

said I, there have been a terrible noise in the cock-pit

to-night, and the captain himself was there this morning when

'twas almost three o'clock, and the men that were with him are

going on shore. The lieutenant answered, that he could not stop

these men from going ashore, because the captain hath given

them leave; so, said he, we must let it alone till morning, to

see whether the gentleman is dead, or no. About eight o'clock

in the morning I went to him again; but he told me it was best

to defer it till we did see whether the captain sends down to

him, or not. It is, said he, no way proper for us to think of

seizing the captain, till we see that the gentleman is actually

dead, and have reason to think he is murdered. When the

captain's breakfast was ready, he sent for the lieutenant and

me to come and breakfast with him: accordingly we did; and soon

after there was a shore-boat came towards us, and then Mr.

Chamberlayn came on board, and went to the lieutenant's cabin;

and the lieutenant told that gentleman, that they were then

going to seize the captain, for it was believed that he had

been accessary to the murder of his brother. Immediately a

message was brought by one of the men, that sir John was dead:

upon which the captain was forthwith seized by eight or ten

men.

VERNON--How far was your cabin from the purser's?

DUDGEON--I can't say certainly, but believe about three yards.

VERNON--Did you view the body of the deceased whilst he lay

dead in the purser's cabin?

DUDGEON--I did.

VERNON--And did you find any visible marks of violence upon

him?

DUDGEON--Sir, I saw no rope, but he had a neck-cloth about his

neck, and there were some marks in his neck, which looked like

the scratching of nails; and I believe that he was strangled,

the blood came out of his nose and mouth.

_William Macguinis_ was in his hammock when Sir John was brought aboard,

but was called up at twelve o'clock to stand sentinel in the gun-room.

I had not been long on my post before I saw the captain come

down; and soon after I saw Mahony, that man there (pointing at

the prisoner Mahony), also come down. I stopt him, and asked

him where he was going? Damn your blood, you son of a bitch,

what is that to you? How busy you make yourself. And when he

came to the bottom of the cock-pit ladder I heard him say to

another man, Come here, this is the way. But who it was he

spake to, I know not. This was a little after two o'clock. The

captain espied me, he made towards me, and waved his naked

cutlass, and said, Stand back! stand back!

The captain was down in the cockpit then. Buchanan had been sentinel in

the cockpit, but had been released by the captain. The witness saw

Mahony go into the purser's cabin, and afterwards saw the captain and

Mahony come up again from the cockpit; it was then about three o'clock.

_Walker_ found a watch in the necessary house in the Brockware Boat, a

public-house on the Back, kept by Culliford. He searched for it by the

order of the justices; when he found it, the watch was in one place, and

the case in another, about a yard off.

_Sarah Culliford_, of the Brockware Boat, received the watch from

Mahony. She had it in her possession about two hours before and two

hours after he was taken up.

This young man (meaning the prisoner Mahony) was drinking in my

house, he pulled out the watch, delivered it to me, and desired

me to keep it for him until he did call for it; some time after

I had business to go out, I went into town, and had the watch

in my pocket; when I came back, my children told me that the

constable had been there to search the house for it, which much

surprised me; I went and threw the watch into the necessary

house for fear I should come into trouble.

JOHN FUSSELL--I had this handkerchief from Mahony on the 19th

of January last, the night when we took him, I found it on his

neck; when he was seized he took it off; I took it out of his

hand, it was bloody then as it is now, I put it into my pocket.

_John Mitchel_, the chief clerk to the Town Clerk, produced the

examination of Matthew Mahony, taken before the Mayor, voluntarily

signed by Mahony in the Mayor's presence, and signed by the Mayor.

_Clerk reads the Examination in these words:_

City and county of Bristol, to wit. The voluntary Examination

and Confession of Matthew Mahony, a native of Ireland, aged

about 21 years. This Examinant confesseth and saith, That about

sixteen or seventeen days ago, and several times since, he was

desired by Mr. Goodere, captain of the _Ruby_ man-of-war, now

lying at King-road, in the county of the city of Bristol, to

seize his, the captain's, brother, sir John Dineley Goodere,

bart., and bring him on board the said man-of-war; and that on

Tuesday last, this examinant, and the crew belonging to the

man-of-war's barge, and Edward Mac-Daniel, John Mac-Graree, and

William Hammon, privateer's men, were placed by the said

captain at the White-Hart alehouse, opposite St. Augustine's

Church, in order to seize sir John Dineley Goodere that day;

but it so happened that the captain forbid them to do it then.

And that on Sunday last, this examinant, the said barge's crew,

or the greatest part of them, and George Best, cock-stern of

the barge, the said Edward Mac-Daniel, John Mac-Graree, William

Hammon, and one Charles Bryer, privateer's men as aforesaid,

were again placed at the White-Hart aforesaid, to seize the

said sir John Dineley Goodere, and waited there for some time;

and he coming out of Mr. Jarrit Smith's house, and coming under

St. Augustine's church-yard wall, this examinant and his

comrades pursued him, and near the pump there they came up with

him, and told him there was a gentleman wanted to speak with

him; and he, asking where the gentleman was, was answered, a

little way off, and he went quietly a little way; but no one

appearing, he resisted and refused to go; whereupon this

examinant and comrades sometimes forcibly hauled and pushed,

and at other times carried him over St. Augustine's butts,

captain Day's rope-walk, and along the road to the hot-well

(captain Goodere being sometimes a little behind, and sometimes

amongst the crowd all the way), till they came to the slip

where the barge lay. But sir John was very unwilling to go,

made the utmost resistance, and cried out murder a great many

times; and when he was put into the barge, called out and

desired somebody would go to Mr. Jarrit Smith, and tell him of

his ill-usage, and that his name was sir John Dineley;

whereupon the captain clapt his hand on sir John's mouth to

stop him speaking, and told him not to make such a noise, he

had got him out of the lion's mouth (meaning the lawyer's

hands), and would take care he should not spend his estate; and

bid the barge men row away, which they did; and in their

passage to the man-of-war, the two brothers bickered all the

way. But when they came to the man-of-war, sir John went on

board as well as he could, and the captain took him down into

the purser's cabin, and stayed a little time with him, and

treated him with a dram of rum, and then left him for a

considerable time; and in the interim sent for this examinant

into his, the captain's cabin, and there told this examinant he

must murder his brother, for that he was mad, and should not

live till four o'clock in the morning; and this examinant

reasoning with him, and telling him he would not be concerned

and that he thought he had brought him there with intent only

to bring him to reason, and take care that he should not spend

his estate in law, and to have a perfect reconciliation: but

the captain still insisting, that this examinant had taken him,

he should do it; and this examinant then saying, he was not

able to do it of himself, the captain replied, if this

examinant could get nobody else, he and this examinant must do

it themselves. And then ordered him to call one Elisha Cole;

and he being too drunk to undertake such an affair, bid this

examinant call one Charles White, a very stout lusty fellow,

and the captain gave him a dram, and bid him sit down, and soon

gave other drams, and asked him if he could fight, and told

him, Here is a madman, he must be murdered and thou shalt have

a handsome reward. And this examinant, the said Charles White,

and the captain, all being agreed to murder the said sir John

Dineley Goodere, the captain then proposed the method, and

produced a piece of half-inch rope about nine foot long, and

Charles White having made a noose in the rope, the captain

said, applying himself to this examinant and the said Charles

White, You must strangle him with this rope, and at the same

time gave the handkerchief now produced, that in case he made a

noise, to stop his mouth; and said, I will stand sentinel over

the door whilst you do it; and accordingly instantly went out

of his own cabin, and turned the centinel from the purser's

cabin-door, and let this examinant and White into the purser's

cabin, where sir John Dineley Goodere was lying in his clothes

on a bed. The captain having pulled to the door, and standing

centinel himself, the said White first strangled sir John with

his hands, and then put the rope about sir John's neck and

hauled it tight, and sir John struggled, and endeavoured to cry

out, but could not. And this examinant confesses, that whilst

White was strangling sir John, this examinant took care to keep

him on the bed, and when one end of the rope was loose, this

examinant drew and held it tight; and thus each bore a part

till sir John was dead; and they having rifled the deceased of

his watch and money, knocked at the door to be let out; and the

captain called out, Have you done? they replied, Yes. He opened

the door, and asked again, Is he dead? And being answered in

the affirmative, and having a light, swore, by God, he would be

sure he was dead; and then went in himself, and returning,

locked the door, and put the key in his pocket, and they all

went together to the captain's cabin again, and there this

examinant gave the captain sir John's watch, and the captain

gave this examinant his own watch in lieu of it; and then the

captain gave them both some money, and White afterwards gave

this examinant eight guineas as part of the money he took out

of the deceased's pocket, and then the captain ordered them to

be put on shore in his own boat. And further this examinant

confesses and saith, That before and after the murder was

committed, the captain, Charles White, and this examinant

consulted what to do with the corpse; and the captain proposed

to keep it two or three days in the ship, and, as he expected

to go to sea, would sew it up in a hammock, or something else,

and there throw it over-board. And that before this examinant

and his comrades were sent to seize sir John, as is before set

forth, they were ordered by captain Goodere, that, if they met

with any resistance, they should repel force by force, and were

prepared with short heavy sticks or bludgeons for that

purpose.

State Trials, Political and Social. Volume 2 (of 2) · 第 36 / 48 题