Vernon—Mr. Jones, I think you are the cooper of the shipRuby?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 captainasked 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 meansor 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. Isaw 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, forthere 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.
Vernon—Mr. Jones, I think you are the cooper of the shipRuby?
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 captainasked 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 meansor 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. Isaw 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, forthere 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 goto 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 itis; 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.
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 goto 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 itis; 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 theRuby?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, Ihave 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 shouldleave 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, Ithought 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 wereformerly, 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 pastthat. 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 layin 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.
Vernon—Mr. Dudgeon, I think you are the surgeon's mate belonging to theRuby?
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, Ihave 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 shouldleave 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, Ithought 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 wereformerly, 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 pastthat. 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 layin 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 Macguiniswas 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!
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. Thewitness 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.
Walkerfound 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.
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 MatthewMahony, 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 theRubyman-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, andtold 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 thoughthe 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 andhauled 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.Matthew Mahony.
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 theRubyman-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, andtold 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 thoughthe 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 andhauled 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.
Matthew Mahony.
The Recorder cautioned the jury that this statement was evidence against Mahony only, and was not to be taken as evidence against Goodere.
Vernonsaid that this concluded his evidence as to the facts; but that as Goodere had made a point as to the position of the ship, he would call evidence to show that the King Road had always been taken to lie within the city and county of Bristol; and that the sheriff's officers of Bristol had always used to execute both city and county process in the King Road.
John WintandLowdenwere called, and proved that they had served process out of the Mayor's and the Piepowder Court, and process issued out of the King's Bench, and the Common Pleas, and the Admiralty Court, in the King Road.
Gooderebeing called on for his defence, said that he would call witnesses to prove that sir John was a lunatic, and that he was doing his best to take care of him.
Mrs. Gethinssaid that Goodere had asked her for a garret to keep his brother in, for he was a madman; he made no secret of it. She had heard nothing about Mahony having five pounds a month to take care of him. She had heard Goodere talk with his own doctor about his brother.
Mr. Marsh, sworn.
Goodere—Did you go ashore in the morning about the king's business, or what business did you go about?Marsh—I had an order about eight o'clock the night sir John was brought on board, to go up in the morning to Bristol for the letters from the Admiralty, and about four of the clock in the morning I was called up to go: but the lieutenant seemed much disordered, and bid me come to him before I set out. I waited on the lieutenant, and told him, that White and Mahony said they had liberty to go on shore, that the captain had given them liberty to go; the lieutenant said, he knew nothing of it. But as it is always my way, before I carry anybody off, I said, I would go to the captain and ask leave. I went to the captain, and asked him, if White and Mahony had liberty from him to go on shore? And he said, Yes, let them go.Goodere—Mr. Marsh, did you go upon the king's business, or on purpose to take up these men?Marsh—I went about the king's business.Vernon—But it was after sir John was brought on board, that Mr. Goodere ordered you to go up?Marsh—Yes, Sir, it was.Vernon—Did anybody else go up with you, besides Mahony and White?Marsh—No, there did not.Vernon—Did Mr. Goodere give you orders to put them on shore in any particular place?Marsh—I will do justice between man and man: the captain did not give me orders to put them on shore in any particular place.Vernon—Were they landed publicly or privately?Marsh—I put them on shore at the Gibb, about six of the clock in the morning.Goodere—Now, may it please you, sir, I shall show that Mahony had business at Bristol that day by appointment, to receive some wages that was due to him; for which purpose I shall call Mr. Dagg.
Goodere—Did you go ashore in the morning about the king's business, or what business did you go about?
Marsh—I had an order about eight o'clock the night sir John was brought on board, to go up in the morning to Bristol for the letters from the Admiralty, and about four of the clock in the morning I was called up to go: but the lieutenant seemed much disordered, and bid me come to him before I set out. I waited on the lieutenant, and told him, that White and Mahony said they had liberty to go on shore, that the captain had given them liberty to go; the lieutenant said, he knew nothing of it. But as it is always my way, before I carry anybody off, I said, I would go to the captain and ask leave. I went to the captain, and asked him, if White and Mahony had liberty from him to go on shore? And he said, Yes, let them go.
Goodere—Mr. Marsh, did you go upon the king's business, or on purpose to take up these men?
Marsh—I went about the king's business.
Vernon—But it was after sir John was brought on board, that Mr. Goodere ordered you to go up?
Marsh—Yes, Sir, it was.
Vernon—Did anybody else go up with you, besides Mahony and White?
Marsh—No, there did not.
Vernon—Did Mr. Goodere give you orders to put them on shore in any particular place?
Marsh—I will do justice between man and man: the captain did not give me orders to put them on shore in any particular place.
Vernon—Were they landed publicly or privately?
Marsh—I put them on shore at the Gibb, about six of the clock in the morning.
Goodere—Now, may it please you, sir, I shall show that Mahony had business at Bristol that day by appointment, to receive some wages that was due to him; for which purpose I shall call Mr. Dagg.
Abel Dagg, the keeper of Newgate, had had one Mervin in his house as a prisoner for debt. Mahony had a claim against him for wages due to him before he was pressed, and Mervin wished to settle the matter with him. Accordingly Dagg had seen Goodere on the Tuesday or Wednesday before this matter, and he said that he would meet Dagg to accommodate the difference on the Monday following. The captain made the appointment to meet him on the Monday, but he told Taylor, an attorney, that Mahony would come on shore on Monday. He did not know that White had any business on shore on Monday.
Bridget Kingwas sworn.
Goodere—Mrs. King, will you give the Court an account of what you know of the lunacy of my brother sir John Dineley?Mrs. King—Please you, my lord, I think he was mad; for he would get up at two or three of the clock in the morning, and call his servants up, and fall a-singing; and then he would go to bed again, and swear it was but twelve o'clock at night, and lie a-bed all day. He would send his boy out all over his grounds to pick up stones, and have the wheel-barrowrattling about the streets on a Sunday: he hath ringed the bell to call his servants up to his bedside, and when they were come up, he would ask them what they did there, and swear they were come to shoot him? He himself hath gone over all his grounds on a Sunday to pick sticks, and hath sent his servants to market when there was none; and he would be busy in every thing, and hang on the pot himself; and he hath been quite raving mad.Vernon—Did you live as a servant to sir John?Mrs. King—I lived as a servant with him in London, and he came down for the air to Tockington; he brought me down to go to Bath.Vernon—How long did you continue with him?Mrs. King—A twelve-month, sir.Vernon—And how durst you venture to live so long with a madman? He did not go mad for love of you, I hope? Have you lived any time in Bristol?Mrs. King—No.Vernon—Then I suppose you came but now from London?Mrs. King—Yes, I did.Goodere—Do you believe he was a madman?Mrs. King—In the actions that I have seen by him, I have reason to think he was a madman.
Goodere—Mrs. King, will you give the Court an account of what you know of the lunacy of my brother sir John Dineley?
Mrs. King—Please you, my lord, I think he was mad; for he would get up at two or three of the clock in the morning, and call his servants up, and fall a-singing; and then he would go to bed again, and swear it was but twelve o'clock at night, and lie a-bed all day. He would send his boy out all over his grounds to pick up stones, and have the wheel-barrowrattling about the streets on a Sunday: he hath ringed the bell to call his servants up to his bedside, and when they were come up, he would ask them what they did there, and swear they were come to shoot him? He himself hath gone over all his grounds on a Sunday to pick sticks, and hath sent his servants to market when there was none; and he would be busy in every thing, and hang on the pot himself; and he hath been quite raving mad.
Vernon—Did you live as a servant to sir John?
Mrs. King—I lived as a servant with him in London, and he came down for the air to Tockington; he brought me down to go to Bath.
Vernon—How long did you continue with him?
Mrs. King—A twelve-month, sir.
Vernon—And how durst you venture to live so long with a madman? He did not go mad for love of you, I hope? Have you lived any time in Bristol?
Mrs. King—No.
Vernon—Then I suppose you came but now from London?
Mrs. King—Yes, I did.
Goodere—Do you believe he was a madman?
Mrs. King—In the actions that I have seen by him, I have reason to think he was a madman.
Mrs. Mary Stafford, sworn.
Goodere—Mrs. Stafford, will you tell his lordship and the jury what you know of sir John's being a lunatic?Mrs. Stafford—Sir John hired me for a housekeeper in London, and told me he had a great many servants, and he wanted a housekeeper. When hebrought me down, he ordered me to his seat at Tockington; where, he said, he had a great deal of company frequently. When I came there, I found there was nothing in what he had told me; for, instead of a great many servants, he had but one: a poor old shattered house, ready to tumble down about one's ears, and the household goods all to pieces: he was a madman, for if I had followed his directions in any thing I should have done mischief. He hath sent me and the rest of his servants to Thornbury market, when there was none; he hath ringed the bell to call his servants to come to his bedside to him, and when we have come up to him, he hath asked us, what we did there? Sir, said I, you called me up; he hath said he did not: and after we had been there a quarter of an hour, he would take a knife, fork, glass-bottle, or anything that came in his way, to throw at us, asking of us, What did we come to rob him? And I was afraid of my life, to live with him. I do believe he was a madman, or else he would never have acted as he did; he would go into the kitchen, and take the pot, and hang it on the fire. I style him a madman by his actions.Vernon—And must he therefore be hanged himself like a mad dog, think you?Mrs. Stafford—I know nothing of that, Sir.Vernon—How long did you live with sir John?Mrs. Stafford—Three months, Sir.Goodere—Call Mr. Robert Cock.The Recorder—What do you call him to prove?Goodere—My lord, in order to prove sir John Dineley a lunatic. Mr. Cock, will you give an account to my lord and the jury what you know of the lunacy of sir John Dineley?
Goodere—Mrs. Stafford, will you tell his lordship and the jury what you know of sir John's being a lunatic?
Mrs. Stafford—Sir John hired me for a housekeeper in London, and told me he had a great many servants, and he wanted a housekeeper. When hebrought me down, he ordered me to his seat at Tockington; where, he said, he had a great deal of company frequently. When I came there, I found there was nothing in what he had told me; for, instead of a great many servants, he had but one: a poor old shattered house, ready to tumble down about one's ears, and the household goods all to pieces: he was a madman, for if I had followed his directions in any thing I should have done mischief. He hath sent me and the rest of his servants to Thornbury market, when there was none; he hath ringed the bell to call his servants to come to his bedside to him, and when we have come up to him, he hath asked us, what we did there? Sir, said I, you called me up; he hath said he did not: and after we had been there a quarter of an hour, he would take a knife, fork, glass-bottle, or anything that came in his way, to throw at us, asking of us, What did we come to rob him? And I was afraid of my life, to live with him. I do believe he was a madman, or else he would never have acted as he did; he would go into the kitchen, and take the pot, and hang it on the fire. I style him a madman by his actions.
Vernon—And must he therefore be hanged himself like a mad dog, think you?
Mrs. Stafford—I know nothing of that, Sir.
Vernon—How long did you live with sir John?
Mrs. Stafford—Three months, Sir.
Goodere—Call Mr. Robert Cock.
The Recorder—What do you call him to prove?
Goodere—My lord, in order to prove sir John Dineley a lunatic. Mr. Cock, will you give an account to my lord and the jury what you know of the lunacy of sir John Dineley?
Robert Cock, sworn.
Cock—My lord, I have known Mr. Dineley at Charlton for some years; I have been several times in his company; I have seen him do several acts of lunacy, as a madman.Vernon—Where do you live?Cock—I live in Cumberland, when I am at home.Vernon—Are you of any business?Cock—I am an officer belonging to his majesty.Vernon—What kind of officer?Cock—A salt officer.Goodere—I will not give your lordship and the jury much more trouble. I am entirely innocent; they have not proved that I was present at the death of sir John Dineley.The Recorder—Don't deceive yourself; though they have not proved you was actually in the cabin, when sir John was murdered, yet they have given evidence of that, which (if the jury give credit to) will amount to presence in the eye of the law.Goodere—I shall now call some witnesses to my character, and likewise to shew how improbable it is that I should be guilty of the murder of my brother.Call Mr. Pritchard.
Cock—My lord, I have known Mr. Dineley at Charlton for some years; I have been several times in his company; I have seen him do several acts of lunacy, as a madman.
Vernon—Where do you live?
Cock—I live in Cumberland, when I am at home.
Vernon—Are you of any business?
Cock—I am an officer belonging to his majesty.
Vernon—What kind of officer?
Cock—A salt officer.
Goodere—I will not give your lordship and the jury much more trouble. I am entirely innocent; they have not proved that I was present at the death of sir John Dineley.
The Recorder—Don't deceive yourself; though they have not proved you was actually in the cabin, when sir John was murdered, yet they have given evidence of that, which (if the jury give credit to) will amount to presence in the eye of the law.
Goodere—I shall now call some witnesses to my character, and likewise to shew how improbable it is that I should be guilty of the murder of my brother.
Call Mr. Pritchard.
Mr. Pritchardhad known Goodere many years; he always bore the character of a good husband, a good neighbour, and a kind friend.
The Rev. Mr. Watkins, three months or half a year before Sir John's death, had told Goodere that Sir John had told him that he had made his will and cut his brother off from everything, and had given his estate to the Footes. Thewitness had found Sir John a good neighbour, and a kind friend; he was a man of strong passions, and if any one affronted him, he would let the party know that he did resent it. His tenants, and those the witness had conversed with, said that he was one of the best of landlords.
Vernon—I don't ask you, Sir, concerning his moral character; but whether he was in his senses or not?Watkins—In his senses! I saw him last Christmas, he was making up his accounts with several of his tenants; he was then in very good understanding. I take him to have been a man that always had his senses in a regular exercise.Vernon—What have you heard the prisoner Mr. Goodere say in relation to Sir John's making his will?Watkins—I believe he told me that sir John had not the power to make a will; I told him it was my opinion, if they would be reconciled together, sir John's will would not stand.
Vernon—I don't ask you, Sir, concerning his moral character; but whether he was in his senses or not?
Watkins—In his senses! I saw him last Christmas, he was making up his accounts with several of his tenants; he was then in very good understanding. I take him to have been a man that always had his senses in a regular exercise.
Vernon—What have you heard the prisoner Mr. Goodere say in relation to Sir John's making his will?
Watkins—I believe he told me that sir John had not the power to make a will; I told him it was my opinion, if they would be reconciled together, sir John's will would not stand.
Mr. ThomasandMr. Ashfieldand theRev. Mr. Rogersspoke in general terms to Goodere's good character.
George Forcevilhad known him for fourteen or fifteen years; he had a very good character in the neighbourhood; he constantly attended his church twice a day Sundays, and would be there at prayers almost every day. He thought him to be a good man.
Gooderesaid he would not trouble the Court with any more evidence as to his character; he was deprived of some evidence by reason of hissickness in gaol, which prevented his friends from coming to advise him about his defence; also there were witnesses on board the ship who might have been of great service to him, but the ship had sailed before he got an order from the Admiralty ordering them to stay on shore.
Frederickdrew the Recorder's attention to the fact that there had been several aspersions in the newspapers to the prejudice of Goodere, and that a pamphlet had been published in Bristol calledThe Bristol Fratricide; but he hoped that the jury would not be influenced by such matters against the prisoner.
The jury declared that they had never seen any such pamphlet or newspapers.