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.