March 28, 1699. About eleven of the clock the Lords came from their own house into the court erected in Westminster hall, for the trials of Edward, earl of Warwick and Holland, and Charles lord Mohun[31], in the manner following. The lord highsteward's gentleman attendants, two and two. The clerks of the House of Lords, with two clerks of the crown in the Courts of Chancery and King's Bench. The masters of Chancery, two and two. Then the judges. The peers' eldest sons, and peers minors, two and two. Four serjeants at arms with their maces, two and two. The yeoman usher of the house. Then the peers, two and two, beginning with the youngest barons. Then four serjeants at arms with theirmaces. Then one of the heralds, attending in the room of Garter, who by reason of his infirmity, could not be present. And the gentleman usher of the Black Rod, carrying the white staff before the lord high steward. Then the lord chancellor, the lord high steward, of England, alone.When the lords were seated on their proper benches, and the lord high steward on the wool-pack; the two clerks of the crown in the courts of Chancery and King's Bench, standing before the clerk's table with their faces towards the state;The clerk of the crown in Chancery having his majesty's commission to the lord high steward in his hands, made three reverences towards the lord high steward, and the clerk of the crown in Chancery on his knees presented the commission to the lord high steward, who delivered it to the clerk of the crown in the King's bench (then likewise kneeling before his grace) in order to be opened and read; and then the two clerks of the crown making three reverences, went down to the table; and the clerk of the crown in the King's Bench commanded the serjeant at arms to make proclamation of silence; which he did in this manner.Serjeant-at-Arms—O yes, O yes, O yes, My lord high steward his grace does straitly charge and command all manner of persons here present, to keep silence, and hear the king's majesty's commission to his grace my lord high steward of England directed, openly read, upon pain of imprisonment.
March 28, 1699. About eleven of the clock the Lords came from their own house into the court erected in Westminster hall, for the trials of Edward, earl of Warwick and Holland, and Charles lord Mohun[31], in the manner following. The lord highsteward's gentleman attendants, two and two. The clerks of the House of Lords, with two clerks of the crown in the Courts of Chancery and King's Bench. The masters of Chancery, two and two. Then the judges. The peers' eldest sons, and peers minors, two and two. Four serjeants at arms with their maces, two and two. The yeoman usher of the house. Then the peers, two and two, beginning with the youngest barons. Then four serjeants at arms with theirmaces. Then one of the heralds, attending in the room of Garter, who by reason of his infirmity, could not be present. And the gentleman usher of the Black Rod, carrying the white staff before the lord high steward. Then the lord chancellor, the lord high steward, of England, alone.
When the lords were seated on their proper benches, and the lord high steward on the wool-pack; the two clerks of the crown in the courts of Chancery and King's Bench, standing before the clerk's table with their faces towards the state;
The clerk of the crown in Chancery having his majesty's commission to the lord high steward in his hands, made three reverences towards the lord high steward, and the clerk of the crown in Chancery on his knees presented the commission to the lord high steward, who delivered it to the clerk of the crown in the King's bench (then likewise kneeling before his grace) in order to be opened and read; and then the two clerks of the crown making three reverences, went down to the table; and the clerk of the crown in the King's Bench commanded the serjeant at arms to make proclamation of silence; which he did in this manner.
Serjeant-at-Arms—O yes, O yes, O yes, My lord high steward his grace does straitly charge and command all manner of persons here present, to keep silence, and hear the king's majesty's commission to his grace my lord high steward of England directed, openly read, upon pain of imprisonment.
Then the lord high steward[32]asked the peersto be pleased to stand up uncovered, while the King's commission was read. And the peers stood up, uncovered, and the King's commission was read in Latin, by which it was set out that the Grand Jury of the County of Middlesex had found a true bill of murder against the Earl of Warwick and Lord Mohun, which the peers were commissioned to try. Proclamation thatall persons there present should be uncovered, was then made, and the return ofcertiorari, bringing the indictment before the House of Lords, was read in Latin.
Order was then made that the judges might be covered, and the governor of the tower was ordered to produce the earl of Warwick; and he was brought to the bar by the deputy-governor, having the axe carried before him by the gentleman gaoler, who stood with it at the bar, on the right hand of the prisoner, turning the edge from him.
The lord high steward then informed the prisoner that he had been indicted of murder by the Grand Jury for the county of Middlesex, on which indictment he would now be tried; and proceeded—
Your lordship is called to answer this charge before the whole body of the house of peers as assembled in parliament. It is a great misfortune to be accused of so heinous an offence, and it is an addition to that misfortune, to be brought to answer as a criminal before such an assembly, in defence of your estate, your life, and honour. But it ought to be a support to your mind, sufficient to keep you from sinking under the weight of such an accusation, that you are to be tried before so noble, discerning, and equal judges, that nothing but your guilt can hurt you. No evidence will be received, but what is warranted by law; no weight will be laid upon that evidence, but what is agreeable to justice; no advantage will be taken ofyour lordship's little experience in proceedings of this nature; nor will it turn to your prejudice, that you have not the assistance of counsel in your defence, as to the fact (which cannot be allowed by law), and their lordships have already assigned you counsel if any matter of law should arise.
Your lordship is called to answer this charge before the whole body of the house of peers as assembled in parliament. It is a great misfortune to be accused of so heinous an offence, and it is an addition to that misfortune, to be brought to answer as a criminal before such an assembly, in defence of your estate, your life, and honour. But it ought to be a support to your mind, sufficient to keep you from sinking under the weight of such an accusation, that you are to be tried before so noble, discerning, and equal judges, that nothing but your guilt can hurt you. No evidence will be received, but what is warranted by law; no weight will be laid upon that evidence, but what is agreeable to justice; no advantage will be taken ofyour lordship's little experience in proceedings of this nature; nor will it turn to your prejudice, that you have not the assistance of counsel in your defence, as to the fact (which cannot be allowed by law), and their lordships have already assigned you counsel if any matter of law should arise.
After a little more to the same effect the indictment was read, first in Latin, then in English, and the earl of Warwick pleaded Not Guilty.
The indictment was then opened by Serjeant Wright,[33]to the effect that the prisoner was accused of murdering Richard Coote on the 30th of October, by stabbing him, together with Lord Mohun, Richard French, Roger James, and George Dockwra.
TheAttorney-General[34]then opened the case, as follows:—
Attorney-General—May it please your lordships, I am of counsel in this cause for the king against this noble lord, Edward earl of Warwick and Holland, the prisoner at the bar, who stands indicted by the grand jury of the County of Middlesex, has been arraigned, and is now to be tried before your lordships for the felonious killing and murdering of Mr. Coote, in the indictment named; the evidence to make good this charge against this noble lord, it comes to my turn to open to your lordships.My lords, the case, as to the fact, according to my instructions, is this: Upon Saturday, the 29th of October last, at night, my lord of Warwick, my lord Mohun, Mr. French, Mr. Dockwra, and Mr. Coote, the unfortunate gentleman who was killed, met together at one Locket's who kept the Greyhound-tavern in the Strand, and there they staid till it wasvery late; about twelve of the clock at night, or thereabouts, a messenger was sent by the company to fetch another gentleman, Mr. James; and Mr. James coming to them, in what condition your lordships will be told by the witnesses; about one of the clock in the morning, on Sunday, the 30th of October, they all came down out of the room where they had been so late, to the bar of the house, and there, as the witnesses will tell your lordships, swords were drawn, and the chairs were called for, and two chairs which were nearest at hand came, and two of the company went into those chairs; who they were, and what past at that time, the witnesses will tell your lordships; those that got into those chairs came out again, and more chairs were called for. But I must acquaint your lordships, that my lord Mohun, when the two gentlemen that went into the chairs ordered the chairmen to take them up, and carry them away, spoke to them to stop and go no further, for there should be no quarreling that night, and that he would send for the guards and secure them, and after this they came out of the chairs again; it will appear there were swords drawn amongst all of them, and some wounds given: more chairs being called for, and brought, this noble lord that is here at the bar, my lord of Warwick, my lord Mohun, and the other four gentlemen, went all into the chairs, and gave the chairmen directions, whither they should carry them, at leastwise the foremost had directions given them, and the rest were to follow them; it was a very dark night, but at last they came all to Leicester-square; and they were set down a little on this side the rails of the square, and when the chairmen had set them down they went away; but immediately some ofthem heard my lord of Warwick calling for a chair again, who came towards the rails, and there they found two of the gentlemen, that had been carried in some of the other chairs, holding up Mr. Coote between them, and would have had the chairmen carried him away to a surgeon's, but they found he was dying, and so would not meddle with him; afterwards my lord of Warwick and Mr. French were carried by two of the chairs to Mr. Amy's, the surgeon at the Bagnio in Long-acre, where Mr. French being wounded, was taken care of particularly by the recommendation of my lord of Warwick, and the master of the house was called up, it being very late; Mr. Coote's sword was brought to that place, but by whom it was brought we cannot exactly say. While my lord of Warwick and captain French were there, and my lord of Warwick had given orders for the denying of himself, and forbid the opening of the door, there came the other two gentlemen, Mr. James and Mr. Dockwra, and upon their knocking at the door they were let in by my lord's order, after he had discovered who they were, looking through the wicket. Mr. James had his sword drawn, but it was broken. My lord of Warwick's hand was slightly wounded, and his sword bloody up to the hilt when he came in, as will be proved by the testimony of the servants in the House. There was a discourse between my lord, Mr. James and Mr. Dockwra, about going into the country; but before they went, the swords were all called for to be brought to them, and upon enquiry, there was no blood found upon Mr. French's sword, but a great deal upon my lord of Warwick's, of which great notice was taken at that time. Mr. Coote, who was killed, had received one wound in theleft side of his breast, half an inch wide, and five deep, near the collar bone; he had likewise another wound upon the left side of his body; both which your lordships will hear, in the judgment of the surgeon, were mortal wounds, and the evidence will declare the nature of them.My lords, the evidence does chiefly consist of, and depend on circumstances, the fact being done in the night, and none but the parties concerned being present at it; we shall lay the evidence before your lordships, as it is, for your judgment, and call what witnesses we have on behalf of the king, against this noble peer the prisoner at the bar, and take up your lordships' time no further in opening; and we shall begin with Samuel Cawthorne; he is a drawer at the tavern where those lords and gentlemen were together, and he will give you an account of the time they came there, how long they staid, what happened in the house during their being there, and what time they went away.Lord High Steward—Give him his oath. (Which the clerk did.)Attorney-General—My lords, I doubt the witness is so far off, that it will be difficult for him to hear the questions that we are to ask him, unless we could have him nearer to us.Lord High Steward—Mr. Attorney, my lords seem to be of opinion that it will be more for your advantage and theirs that the witnesses stand at the distance they do; which will oblige you to raise your voice so loud, that they may hear the witnesses and you too.Attorney-General—Is your name Samuel Cawthorne?Cawthorne—Yes, my lord.Attorney-General—Where do you live?Cawthorne—With Mr. Locket at Charing-cross.Attorney-General—Did you live with him at the Greyhound tavern in the Strand the latter end of October last?Cawthorne—Yes, I did.Attorney-General—Well, pray will you acquaint my lords with the time when my lord of Warwick, my lord Mohun, and Mr. Coote were at that house, how long they stayed, what happened while they were there, and when they went away?Cawthorne—It was Saturday night, the 29th of October last.Attorney-General—Pray tell my lords the whole of your knowledge in the matter.Cawthorne—There came my lord of Warwick, my lord Mohun, captain Coote, capt. French, and captain Dockwra, the 29th of October last, in the evening, to my master's house at the Greyhound tavern in the Strand.Attorney-General—How long were they there, and what time of night came they in?Cawthorne—About 8 o'clock at night, my lord Warwick, my lord Mohun, capt. French, and capt. Coote, came in.Attorney-General—What day do you say it was?Cawthorne—Saturday, the 29th of October last.Attorney-General—How long did they continue there?Cawthorne—It was between one and two the next morning before they went away.Attorney-General—Was any body sent for to come to them there?Cawthorne—Yes, Mr. James.Attorney-General—What time was that?Cawthorne—About twelve of the clock.Attorney-General—Did he stay with them till they went away?Cawthorne—Yes.Attorney-General—What did you observe pass in the company while they were there?Cawthorne—I did not observe any thing of quarrel, not so much as an angry word amongst them, till they came down to the bar and were going away; when they came down to the bar they ordered me to call them chairs, or coaches; and there were no coaches to be had, and so I went for chairs, and two chairs came; for the porter that went to call the coaches was a great while before he came back; and, as I said, I going for chairs, there came two; but that they said was not enough; so more chairs were called for, and at length there were more chairs gotten; in the first three chairs, my lord of Warwick, my lord Mohun, and captain Coote went away in; and my lord Warwick and my lord Mohun bid the chairmen carry them home.Attorney-General—Were there then any other chairs at the door?Cawthorne—There were two more chairs at the door, and another was called for.Attorney-General—Did you hear any directions given where they should carry them?Cawthorne—My lord Warwick and my lord Mohun bid them carry them home.Attorney-General—Did you hear my lord Warwick or my lord Mohun particularly, and which, say whither they would be carried?Cawthorne—I did hear my lord Mohun say, captainCoote should go and lie with him, or he would go and lie with capt. Coote that night, for there should be no quarrelling.Attorney-General—Did they upon that go away?Cawthorne—Mr. French and Mr. Coote were in chairs before my lord Mohun or my lord Warwick, or any of the rest.Attorney-General—What then happened upon their going into the chairs?Cawthorne—My lord Mohun came out to them and swore there should be no quarrel that night, but he would send for the guards and secure them.Attorney-General—What happened then?Cawthorne—Upon that, both of them came out of their chairs and came into the house, and there they came to the bar three of them in the passage by the bar, and three of them behind that passage.Attorney-General—Pray, will you tell what did really pass throughout the whole transaction? What was done after they came in again into the house?Cawthorne—After that, I was bid to call for six chairs, if I could get no coaches, and so I did; and when I had brought what chairs I could get, and returned to the bar I heard the swords clash; when the swords were drawn I cannot say, nor by whom, it might be by all the six, for aught I know, because I was in the street to call the chairs, and when I came back to the house, I was in hopes all had been quieted, for their swords were putting up: and when they went away in the chairs, I did hope they went away friendly.Attorney-General—Pray, how did they go away? who went together?Cawthorne—My lord of Warwick, my lord Mohun,and captain Coote went in the first three chairs, them three together, and bid the chairmen go home; the sixth chair was not then come.Attorney-General—When that chair came, pray what directions were given to it?Cawthorne—I did not hear them give the chairmen any directions at all.Attorney-General—Do you know any thing more that was done after this time?Cawthorne—No, my lord, not after they went away; after I returned with the chairs, it was in two minutes' time that they went away.Attorney-General—My lords, I suppose he knows no more of the matter.Lord High Steward—Will you then ask him no more questions, Mr. Attorney?Attorney-General—No, my lords, unless this noble lord shall ask him any questions, upon which we shall have occasion to examine him.Lord High Steward—My lord, has your lordship any questions to ask this witness? For now is your time, the king's counsel having done examining him.Earl of Warwick—I desire to ask him, whether I did not bid the chairmen go home?Lord High Steward—If your lordship please to propose your question to me, I will require an answer to it from the witness, and it will be the better heard by my lords.Earl of Warwick—My lord, I desire to know of this man, whether, when I went away in the chair from his master's house I did not bid the chairmen go home?Lord High Steward—Witness, you hear my lord's question, what say you to it?Cawthorne—Yes; my lord of Warwick did bid the chairmen go home.Earl of Warwick—My lord, I have another question to ask him. Whether he knows of any quarrel there was between me and Mr. Coote at that time, or any other time; because we both used to frequent that house?Cawthorne—No, my lords, I never heard any angry words between my lord Warwick and Mr. Coote in my life.[Then the lords towards the upper end of the House complaining that they did not hear his Grace, the Lord High Steward was pleased to repeat the question thus:]Lord High Steward—When my lord of Warwick bid the chairmen go home, or at any other time, did you observe that there had been any quarrel between his lordship and Mr. Coote?Earl of Warwick—My lord, I desire he may be asked, since we both used that house, Whether that night, when I went away, or before or after, I had any quarrel with Mr. Coote?Lord High Steward—The question my lord desires you, that are the witness, to answer, is, Whether you did hear any quarrelling or angry words to pass between my lord Warwick and Mr. Coote that night before or after they came down, or when they went away, or at any other time?Cawthorne—No, my lord, I never heard any angry words pass between them then, nor ever at any time before in all my life, but I always looked upon them to be very good friends.Earl of Warwick—I desire he may be asked, Whether Mr. Coote did not come to that house in mycompany, and whether he did not frequently come to that house?Cawthorne—Yes; they used to be there every day almost, and they came that night together in company.Earl of Warwick—I desire he may be asked, whether I have not been frequently in his company there?Cawthorne—Yes; I say very frequently, every day almost, sometimes twice a-day.Lord High Steward—Would your lordship ask him any other question?Earl of Warwick—My lord, I desire he may be asked this question, whether he knows of any particular kindness between Mr. Coote and me?Lord High Steward—Do you know of any particular kindness between my lord Warwick and Mr. Coote, the gentleman that was killed?Cawthorne—Yes, my lord, there was always a great kindness between them, as I observed: it ever was so, and I never heard angry words pass between them, but they were very good friends constantly; I waited upon them generally when they were at my master's house, which was every day almost.Earl of Warwick—I desire to know of this witness, whether he does not remember, or can name, some particular kindnesses that passed between Mr. Coote and me?Lord High Steward—Can you specify any particular instances of kindness that passed between my lord Warwick and Mr. Coote?Cawthorne—Yes; my lord of Warwick used generally to pay the reckoning for Mr. Coote, and he did so at this time.Earl of Warwick—My lord, I desire he may be asked, between whom he apprehended the quarrel to be at this time?Lord High Steward—You say, friend, there were swords drawn and a quarrelling at the bar; can you tell between whom the quarrel was?Cawthorne—My lord Warwick, my lord Mohun, and capt. Coote, were all on one side, and the other three were on the other side.Earl of Warwick—Who were the two persons that it was apprehended the quarrel was between? I desire he may be asked.Lord High Steward—You say, there were three on the one side, and three on the other; pray, between whom did you apprehend the quarrel to be?Cawthorne—I believe the quarrel was between Mr. Coote and Mr. French.Earl of Warwick—My lord, I desire to know of this witness, what words he heard Mr. Coote say after he and Mr. French returned into the house and came out of the chairs.Lord High Steward—What do you say to the question my lord proposes?Cawthorne—I heard Mr. Coote say, he would laugh when he pleased, and he would frown when he pleased, God damn him.Earl of Warwick—My lord, I desire to know, who he thinks those words were addressed to?Lord High Steward—To whom did Mr. Coote speak these words?Cawthorne—Whether he spoke them particularly to Mr. French or to the other two gentlemen who were on the other side of the bar, I cannot directly tell.Earl of Warwick—I desire to know of him, whether Mr. Coote was not one of the three that was on the outside of the bar?Cawthorne—Yes, my lord of Warwick, my lord Mohun, and capt. Coote, were of the outside of the bar.Earl of Warwick—Was capt. Coote with me in the beginning of the night at that house?Cawthorne—Yes, he came at the beginning of the night with my lord of Warwick.Earl of Peterborough—My lords, I desire to ask this witness one question.Lord High Steward—I think it is proper, my lords, in point of method, to let both sides have done before any questions be asked by any of my noble lords.Earl of Peterborough—I did apprehend my lord of Warwick had done.Lord High Steward—No, my lord, not as yet; pray, my lord of Warwick, what other questions has your lordship to ask of this witness?Earl of Warwick—My lord, I desire he may be asked particularly this question, whether he perceived any quarrel particularly between me and capt. Coote when we went out of the house?Lord High Steward—You hear the question, did you perceive any quarrel between my lord Warwick and Mr. Coote before they went out of the house?Cawthorne—No, I did not; nor ever saw any quarrel between them in my life.Earl of Warwick—I desire to know who paid the reckoning that night?Cawthorne—The reckoning was called for before I came in to take it; and though I think my lord of Warwick paid for Mr. Coote, yet I cannot so directlytell, because it was collected before I came into the room to receive it.Lord High Steward—My lord, have you any thing more to ask this witness?Earl of Warwick—No, my lord, at present, that I think of.Lord High Steward—My lord Peterborough, your lordship desired to ask a question, will you please to propose it now?
Attorney-General—May it please your lordships, I am of counsel in this cause for the king against this noble lord, Edward earl of Warwick and Holland, the prisoner at the bar, who stands indicted by the grand jury of the County of Middlesex, has been arraigned, and is now to be tried before your lordships for the felonious killing and murdering of Mr. Coote, in the indictment named; the evidence to make good this charge against this noble lord, it comes to my turn to open to your lordships.
My lords, the case, as to the fact, according to my instructions, is this: Upon Saturday, the 29th of October last, at night, my lord of Warwick, my lord Mohun, Mr. French, Mr. Dockwra, and Mr. Coote, the unfortunate gentleman who was killed, met together at one Locket's who kept the Greyhound-tavern in the Strand, and there they staid till it wasvery late; about twelve of the clock at night, or thereabouts, a messenger was sent by the company to fetch another gentleman, Mr. James; and Mr. James coming to them, in what condition your lordships will be told by the witnesses; about one of the clock in the morning, on Sunday, the 30th of October, they all came down out of the room where they had been so late, to the bar of the house, and there, as the witnesses will tell your lordships, swords were drawn, and the chairs were called for, and two chairs which were nearest at hand came, and two of the company went into those chairs; who they were, and what past at that time, the witnesses will tell your lordships; those that got into those chairs came out again, and more chairs were called for. But I must acquaint your lordships, that my lord Mohun, when the two gentlemen that went into the chairs ordered the chairmen to take them up, and carry them away, spoke to them to stop and go no further, for there should be no quarreling that night, and that he would send for the guards and secure them, and after this they came out of the chairs again; it will appear there were swords drawn amongst all of them, and some wounds given: more chairs being called for, and brought, this noble lord that is here at the bar, my lord of Warwick, my lord Mohun, and the other four gentlemen, went all into the chairs, and gave the chairmen directions, whither they should carry them, at leastwise the foremost had directions given them, and the rest were to follow them; it was a very dark night, but at last they came all to Leicester-square; and they were set down a little on this side the rails of the square, and when the chairmen had set them down they went away; but immediately some ofthem heard my lord of Warwick calling for a chair again, who came towards the rails, and there they found two of the gentlemen, that had been carried in some of the other chairs, holding up Mr. Coote between them, and would have had the chairmen carried him away to a surgeon's, but they found he was dying, and so would not meddle with him; afterwards my lord of Warwick and Mr. French were carried by two of the chairs to Mr. Amy's, the surgeon at the Bagnio in Long-acre, where Mr. French being wounded, was taken care of particularly by the recommendation of my lord of Warwick, and the master of the house was called up, it being very late; Mr. Coote's sword was brought to that place, but by whom it was brought we cannot exactly say. While my lord of Warwick and captain French were there, and my lord of Warwick had given orders for the denying of himself, and forbid the opening of the door, there came the other two gentlemen, Mr. James and Mr. Dockwra, and upon their knocking at the door they were let in by my lord's order, after he had discovered who they were, looking through the wicket. Mr. James had his sword drawn, but it was broken. My lord of Warwick's hand was slightly wounded, and his sword bloody up to the hilt when he came in, as will be proved by the testimony of the servants in the House. There was a discourse between my lord, Mr. James and Mr. Dockwra, about going into the country; but before they went, the swords were all called for to be brought to them, and upon enquiry, there was no blood found upon Mr. French's sword, but a great deal upon my lord of Warwick's, of which great notice was taken at that time. Mr. Coote, who was killed, had received one wound in theleft side of his breast, half an inch wide, and five deep, near the collar bone; he had likewise another wound upon the left side of his body; both which your lordships will hear, in the judgment of the surgeon, were mortal wounds, and the evidence will declare the nature of them.
My lords, the evidence does chiefly consist of, and depend on circumstances, the fact being done in the night, and none but the parties concerned being present at it; we shall lay the evidence before your lordships, as it is, for your judgment, and call what witnesses we have on behalf of the king, against this noble peer the prisoner at the bar, and take up your lordships' time no further in opening; and we shall begin with Samuel Cawthorne; he is a drawer at the tavern where those lords and gentlemen were together, and he will give you an account of the time they came there, how long they staid, what happened in the house during their being there, and what time they went away.
Lord High Steward—Give him his oath. (Which the clerk did.)
Attorney-General—My lords, I doubt the witness is so far off, that it will be difficult for him to hear the questions that we are to ask him, unless we could have him nearer to us.
Lord High Steward—Mr. Attorney, my lords seem to be of opinion that it will be more for your advantage and theirs that the witnesses stand at the distance they do; which will oblige you to raise your voice so loud, that they may hear the witnesses and you too.
Attorney-General—Is your name Samuel Cawthorne?
Cawthorne—Yes, my lord.
Attorney-General—Where do you live?
Cawthorne—With Mr. Locket at Charing-cross.
Attorney-General—Did you live with him at the Greyhound tavern in the Strand the latter end of October last?
Cawthorne—Yes, I did.
Attorney-General—Well, pray will you acquaint my lords with the time when my lord of Warwick, my lord Mohun, and Mr. Coote were at that house, how long they stayed, what happened while they were there, and when they went away?
Cawthorne—It was Saturday night, the 29th of October last.
Attorney-General—Pray tell my lords the whole of your knowledge in the matter.
Cawthorne—There came my lord of Warwick, my lord Mohun, captain Coote, capt. French, and captain Dockwra, the 29th of October last, in the evening, to my master's house at the Greyhound tavern in the Strand.
Attorney-General—How long were they there, and what time of night came they in?
Cawthorne—About 8 o'clock at night, my lord Warwick, my lord Mohun, capt. French, and capt. Coote, came in.
Attorney-General—What day do you say it was?
Cawthorne—Saturday, the 29th of October last.
Attorney-General—How long did they continue there?
Cawthorne—It was between one and two the next morning before they went away.
Attorney-General—Was any body sent for to come to them there?
Cawthorne—Yes, Mr. James.
Attorney-General—What time was that?
Cawthorne—About twelve of the clock.
Attorney-General—Did he stay with them till they went away?
Cawthorne—Yes.
Attorney-General—What did you observe pass in the company while they were there?
Cawthorne—I did not observe any thing of quarrel, not so much as an angry word amongst them, till they came down to the bar and were going away; when they came down to the bar they ordered me to call them chairs, or coaches; and there were no coaches to be had, and so I went for chairs, and two chairs came; for the porter that went to call the coaches was a great while before he came back; and, as I said, I going for chairs, there came two; but that they said was not enough; so more chairs were called for, and at length there were more chairs gotten; in the first three chairs, my lord of Warwick, my lord Mohun, and captain Coote went away in; and my lord Warwick and my lord Mohun bid the chairmen carry them home.
Attorney-General—Were there then any other chairs at the door?
Cawthorne—There were two more chairs at the door, and another was called for.
Attorney-General—Did you hear any directions given where they should carry them?
Cawthorne—My lord Warwick and my lord Mohun bid them carry them home.
Attorney-General—Did you hear my lord Warwick or my lord Mohun particularly, and which, say whither they would be carried?
Cawthorne—I did hear my lord Mohun say, captainCoote should go and lie with him, or he would go and lie with capt. Coote that night, for there should be no quarrelling.
Attorney-General—Did they upon that go away?
Cawthorne—Mr. French and Mr. Coote were in chairs before my lord Mohun or my lord Warwick, or any of the rest.
Attorney-General—What then happened upon their going into the chairs?
Cawthorne—My lord Mohun came out to them and swore there should be no quarrel that night, but he would send for the guards and secure them.
Attorney-General—What happened then?
Cawthorne—Upon that, both of them came out of their chairs and came into the house, and there they came to the bar three of them in the passage by the bar, and three of them behind that passage.
Attorney-General—Pray, will you tell what did really pass throughout the whole transaction? What was done after they came in again into the house?
Cawthorne—After that, I was bid to call for six chairs, if I could get no coaches, and so I did; and when I had brought what chairs I could get, and returned to the bar I heard the swords clash; when the swords were drawn I cannot say, nor by whom, it might be by all the six, for aught I know, because I was in the street to call the chairs, and when I came back to the house, I was in hopes all had been quieted, for their swords were putting up: and when they went away in the chairs, I did hope they went away friendly.
Attorney-General—Pray, how did they go away? who went together?
Cawthorne—My lord of Warwick, my lord Mohun,and captain Coote went in the first three chairs, them three together, and bid the chairmen go home; the sixth chair was not then come.
Attorney-General—When that chair came, pray what directions were given to it?
Cawthorne—I did not hear them give the chairmen any directions at all.
Attorney-General—Do you know any thing more that was done after this time?
Cawthorne—No, my lord, not after they went away; after I returned with the chairs, it was in two minutes' time that they went away.
Attorney-General—My lords, I suppose he knows no more of the matter.
Lord High Steward—Will you then ask him no more questions, Mr. Attorney?
Attorney-General—No, my lords, unless this noble lord shall ask him any questions, upon which we shall have occasion to examine him.
Lord High Steward—My lord, has your lordship any questions to ask this witness? For now is your time, the king's counsel having done examining him.
Earl of Warwick—I desire to ask him, whether I did not bid the chairmen go home?
Lord High Steward—If your lordship please to propose your question to me, I will require an answer to it from the witness, and it will be the better heard by my lords.
Earl of Warwick—My lord, I desire to know of this man, whether, when I went away in the chair from his master's house I did not bid the chairmen go home?
Lord High Steward—Witness, you hear my lord's question, what say you to it?
Cawthorne—Yes; my lord of Warwick did bid the chairmen go home.
Earl of Warwick—My lord, I have another question to ask him. Whether he knows of any quarrel there was between me and Mr. Coote at that time, or any other time; because we both used to frequent that house?
Cawthorne—No, my lords, I never heard any angry words between my lord Warwick and Mr. Coote in my life.
[Then the lords towards the upper end of the House complaining that they did not hear his Grace, the Lord High Steward was pleased to repeat the question thus:]
Lord High Steward—When my lord of Warwick bid the chairmen go home, or at any other time, did you observe that there had been any quarrel between his lordship and Mr. Coote?
Earl of Warwick—My lord, I desire he may be asked, since we both used that house, Whether that night, when I went away, or before or after, I had any quarrel with Mr. Coote?
Lord High Steward—The question my lord desires you, that are the witness, to answer, is, Whether you did hear any quarrelling or angry words to pass between my lord Warwick and Mr. Coote that night before or after they came down, or when they went away, or at any other time?
Cawthorne—No, my lord, I never heard any angry words pass between them then, nor ever at any time before in all my life, but I always looked upon them to be very good friends.
Earl of Warwick—I desire he may be asked, Whether Mr. Coote did not come to that house in mycompany, and whether he did not frequently come to that house?
Cawthorne—Yes; they used to be there every day almost, and they came that night together in company.
Earl of Warwick—I desire he may be asked, whether I have not been frequently in his company there?
Cawthorne—Yes; I say very frequently, every day almost, sometimes twice a-day.
Lord High Steward—Would your lordship ask him any other question?
Earl of Warwick—My lord, I desire he may be asked this question, whether he knows of any particular kindness between Mr. Coote and me?
Lord High Steward—Do you know of any particular kindness between my lord Warwick and Mr. Coote, the gentleman that was killed?
Cawthorne—Yes, my lord, there was always a great kindness between them, as I observed: it ever was so, and I never heard angry words pass between them, but they were very good friends constantly; I waited upon them generally when they were at my master's house, which was every day almost.
Earl of Warwick—I desire to know of this witness, whether he does not remember, or can name, some particular kindnesses that passed between Mr. Coote and me?
Lord High Steward—Can you specify any particular instances of kindness that passed between my lord Warwick and Mr. Coote?
Cawthorne—Yes; my lord of Warwick used generally to pay the reckoning for Mr. Coote, and he did so at this time.
Earl of Warwick—My lord, I desire he may be asked, between whom he apprehended the quarrel to be at this time?
Lord High Steward—You say, friend, there were swords drawn and a quarrelling at the bar; can you tell between whom the quarrel was?
Cawthorne—My lord Warwick, my lord Mohun, and capt. Coote, were all on one side, and the other three were on the other side.
Earl of Warwick—Who were the two persons that it was apprehended the quarrel was between? I desire he may be asked.
Lord High Steward—You say, there were three on the one side, and three on the other; pray, between whom did you apprehend the quarrel to be?
Cawthorne—I believe the quarrel was between Mr. Coote and Mr. French.
Earl of Warwick—My lord, I desire to know of this witness, what words he heard Mr. Coote say after he and Mr. French returned into the house and came out of the chairs.
Lord High Steward—What do you say to the question my lord proposes?
Cawthorne—I heard Mr. Coote say, he would laugh when he pleased, and he would frown when he pleased, God damn him.
Earl of Warwick—My lord, I desire to know, who he thinks those words were addressed to?
Lord High Steward—To whom did Mr. Coote speak these words?
Cawthorne—Whether he spoke them particularly to Mr. French or to the other two gentlemen who were on the other side of the bar, I cannot directly tell.
Earl of Warwick—I desire to know of him, whether Mr. Coote was not one of the three that was on the outside of the bar?
Cawthorne—Yes, my lord of Warwick, my lord Mohun, and capt. Coote, were of the outside of the bar.
Earl of Warwick—Was capt. Coote with me in the beginning of the night at that house?
Cawthorne—Yes, he came at the beginning of the night with my lord of Warwick.
Earl of Peterborough—My lords, I desire to ask this witness one question.
Lord High Steward—I think it is proper, my lords, in point of method, to let both sides have done before any questions be asked by any of my noble lords.
Earl of Peterborough—I did apprehend my lord of Warwick had done.
Lord High Steward—No, my lord, not as yet; pray, my lord of Warwick, what other questions has your lordship to ask of this witness?
Earl of Warwick—My lord, I desire he may be asked particularly this question, whether he perceived any quarrel particularly between me and capt. Coote when we went out of the house?
Lord High Steward—You hear the question, did you perceive any quarrel between my lord Warwick and Mr. Coote before they went out of the house?
Cawthorne—No, I did not; nor ever saw any quarrel between them in my life.
Earl of Warwick—I desire to know who paid the reckoning that night?
Cawthorne—The reckoning was called for before I came in to take it; and though I think my lord of Warwick paid for Mr. Coote, yet I cannot so directlytell, because it was collected before I came into the room to receive it.
Lord High Steward—My lord, have you any thing more to ask this witness?
Earl of Warwick—No, my lord, at present, that I think of.
Lord High Steward—My lord Peterborough, your lordship desired to ask a question, will you please to propose it now?
The Earl of Peterborough reminded the witness that he had said that there were two sides, and that Coote and Lord Warwick were on the same side. He asked what Cawthorne meant by this, and he explained that all six had their swords drawn; that Mohun, Warwick, and Coote were on one side of the bar, and the three captains, James, French, and Dockwra on the other: the cause of quarrel must have occurred above stairs, but he heard nothing pass between them.
Lord High Steward—But you have not given a satisfactory answer to that question which the noble lord, my lord Peterborough, asked you, What reason you had to apprehend that the noble lord the prisoner at the bar, and capt. Coote were of a side?Cawthorne—My lord Mohun came to the chairside, when capt. Coote and capt. French were got into the two first chairs, and told capt. Coote, that there should be no quarrel that night but that they three, my lord Warwick, my lord Mohun, and he, should go home together; and I took them three to be of a side, because they were on the outside of the bar together;and when they all went away, their three chairs went away first, all three together.Lord High Steward—Is that all the reason you can give why you say, they were three and three of a side?Cawthorne—Yes, my lord, I did apprehend it so.Attorney-General—If my noble lords have done with their questions I desire to ask this witness another question; my lords, I think this person says, that there was a quarrel at the bar of the house, and swords drawn, and as he apprehended, three were on the one side, and three on the other; but if I take him right, I do not see that he has given your lordships any manner of satisfaction, what reason he had to apprehend there were three and three of a side; or, which will be very material in this case, if your lordships can get to the knowledge of it, which three were on the one side, and which three were on the other; or indeed, whether there were three and three of a side, as your lordships will have reason by-and-bye to enquire a little further into that matter. My lords, I desire he may be asked this plain question, What words or other passages he did perceive, that made him apprehend there was a quarrel between them, and they were three and three of a side?Cawthorne—I apprehended it from the words that Mr. Coote said, That he would laugh when he pleased, and frown when he pleased.Attorney-General—Pray, my lord, I desire he may be asked, who those words were spoken to, and who they were applied to?Cawthorne—They were spoke to Mr. James, Mr. French, and Mr. Dockwra, who were within side of the bar.Attorney-General—Did he apply those words to all those particular persons?Cawthorne—Yes, as I thought, for they three were within the bar; my lord Warwick, my lord Mohun, and Mr. Coote, were without the bar.Attorney-General—Pray, my lord, I desire he may be asked this question. Was that before the swords were drawn, or afterwards?Cawthorne—It was before.Attorney-General—Then I desire he may be asked, whether the swords were drawn upon those words?Cawthorne—No, my lord; the time of drawing the swords was when I went out to call chairs and coaches; and I know not who drew the swords first, or when they were drawn; but when I came back I found them all drawn, and I heard them clashing.Attorney-General—Upon the oath you have taken, was those words that you speak of Mr. Coote's that he would laugh when he pleased, and frown when he pleased, before the swords were drawn, or after the swords were drawn?Cawthorne—Before the swords were drawn; for I did not see the swords drawn till I came back.
Lord High Steward—But you have not given a satisfactory answer to that question which the noble lord, my lord Peterborough, asked you, What reason you had to apprehend that the noble lord the prisoner at the bar, and capt. Coote were of a side?
Cawthorne—My lord Mohun came to the chairside, when capt. Coote and capt. French were got into the two first chairs, and told capt. Coote, that there should be no quarrel that night but that they three, my lord Warwick, my lord Mohun, and he, should go home together; and I took them three to be of a side, because they were on the outside of the bar together;and when they all went away, their three chairs went away first, all three together.
Lord High Steward—Is that all the reason you can give why you say, they were three and three of a side?
Cawthorne—Yes, my lord, I did apprehend it so.
Attorney-General—If my noble lords have done with their questions I desire to ask this witness another question; my lords, I think this person says, that there was a quarrel at the bar of the house, and swords drawn, and as he apprehended, three were on the one side, and three on the other; but if I take him right, I do not see that he has given your lordships any manner of satisfaction, what reason he had to apprehend there were three and three of a side; or, which will be very material in this case, if your lordships can get to the knowledge of it, which three were on the one side, and which three were on the other; or indeed, whether there were three and three of a side, as your lordships will have reason by-and-bye to enquire a little further into that matter. My lords, I desire he may be asked this plain question, What words or other passages he did perceive, that made him apprehend there was a quarrel between them, and they were three and three of a side?
Cawthorne—I apprehended it from the words that Mr. Coote said, That he would laugh when he pleased, and frown when he pleased.
Attorney-General—Pray, my lord, I desire he may be asked, who those words were spoken to, and who they were applied to?
Cawthorne—They were spoke to Mr. James, Mr. French, and Mr. Dockwra, who were within side of the bar.
Attorney-General—Did he apply those words to all those particular persons?
Cawthorne—Yes, as I thought, for they three were within the bar; my lord Warwick, my lord Mohun, and Mr. Coote, were without the bar.
Attorney-General—Pray, my lord, I desire he may be asked this question. Was that before the swords were drawn, or afterwards?
Cawthorne—It was before.
Attorney-General—Then I desire he may be asked, whether the swords were drawn upon those words?
Cawthorne—No, my lord; the time of drawing the swords was when I went out to call chairs and coaches; and I know not who drew the swords first, or when they were drawn; but when I came back I found them all drawn, and I heard them clashing.
Attorney-General—Upon the oath you have taken, was those words that you speak of Mr. Coote's that he would laugh when he pleased, and frown when he pleased, before the swords were drawn, or after the swords were drawn?
Cawthorne—Before the swords were drawn; for I did not see the swords drawn till I came back.
In answer to Lord Wharton, the witness said that Mohun and Warwick had threatened to send for a file of musketeers, and Mohun had done all he could to pacify the quarrellers, and he 'particularly had his finger pricked with endeavouring to cross their swords, and keeping them from fighting; which was all he got from it.' His hand was bloody; but the witness didnot see him hurt, as he was outside at the time. He received their reckoning just before they came down to the bar and stayed there two or three minutes afterwards. It was after Coote came out of his chair that he heard him speak the words he had deposed to; no reply was made to them. Mohun, Warwick, and James had all tried to stop the quarrel and threatened to send for the guard; this was before the swords were drawn downstairs.
Attorney-General—Pray, my lord, let him be asked this question, Was it after they were three on the one side, and three on the other, that my lord Mohun and my lord Warwick spoke those words?Cawthorne—I apprehend the words were spoke by Mr. Coote, That he would laugh when he pleased, and frown when he pleased, before the swords were drawn.Lord High Steward—But that which my lords desire to know is, What the time was when my lord Warwick and my lord Mohun declared their desire to part them and make them friends; whether before or after the swords drawn?Cawthorne—Before and after; for I was absent when the swords were drawn.Earl Rivers—He says, that after my lord Mohun and my lord Warwick threatened to send for the musqueteers, they promised to be quiet. I desire to know who he means by they?Cawthorne—Mr. James called to me, and said, I need not go and call for the guards, for the quarrel was over. There is one thing more that I forgot, mylord: After my lord Mohun and my lord Warwick were gone away in their chairs, and Mr. Coote, I heard Mr. Dockwra say to capt. James and capt. French, they did not care a farthing for them, they would fight them at any time.Lord High Steward—Who were together then?Cawthorne—Capt. James, Mr. French, and Mr. Dockwra, after my lord Mohun and my lord Warwick were gone with capt. Coote.Lord High Steward—Then Mr. French was with them? Mr. Dockwra said so?Cawthorne—Yes, my lord.Lord Wharton—If I apprehend him aright, as to what he says now, my lord of Warwick, my lord Mohun, and capt. Coote, were gone away at that time.Cawthorne—Yes, they were gone away in the three first chairs, which my lord Mohun bid go home.Lord Wharton—Who does he say spoke those words?Lord High Steward—You hear my noble lord's question, who spoke those words? Repeat them again.Cawthorne—When my lord Warwick, my lord Mohun, and capt. Coote, were gone, I heard Mr. Dockwra say to Mr. French and Mr. James, We don't care a farthing for them, we will fight them at any time.Attorney-General—I desire to know, whether this witness testified any thing of this matter when he was examined before the coroner?Cawthorne—No; I forgot those words when I was examined before the coroner.Attorney-General—How soon after your examination did you recollect yourself as to what you now speak?Cawthorne—The next day after.
Attorney-General—Pray, my lord, let him be asked this question, Was it after they were three on the one side, and three on the other, that my lord Mohun and my lord Warwick spoke those words?
Cawthorne—I apprehend the words were spoke by Mr. Coote, That he would laugh when he pleased, and frown when he pleased, before the swords were drawn.
Lord High Steward—But that which my lords desire to know is, What the time was when my lord Warwick and my lord Mohun declared their desire to part them and make them friends; whether before or after the swords drawn?
Cawthorne—Before and after; for I was absent when the swords were drawn.
Earl Rivers—He says, that after my lord Mohun and my lord Warwick threatened to send for the musqueteers, they promised to be quiet. I desire to know who he means by they?
Cawthorne—Mr. James called to me, and said, I need not go and call for the guards, for the quarrel was over. There is one thing more that I forgot, mylord: After my lord Mohun and my lord Warwick were gone away in their chairs, and Mr. Coote, I heard Mr. Dockwra say to capt. James and capt. French, they did not care a farthing for them, they would fight them at any time.
Lord High Steward—Who were together then?
Cawthorne—Capt. James, Mr. French, and Mr. Dockwra, after my lord Mohun and my lord Warwick were gone with capt. Coote.
Lord High Steward—Then Mr. French was with them? Mr. Dockwra said so?
Cawthorne—Yes, my lord.
Lord Wharton—If I apprehend him aright, as to what he says now, my lord of Warwick, my lord Mohun, and capt. Coote, were gone away at that time.
Cawthorne—Yes, they were gone away in the three first chairs, which my lord Mohun bid go home.
Lord Wharton—Who does he say spoke those words?
Lord High Steward—You hear my noble lord's question, who spoke those words? Repeat them again.
Cawthorne—When my lord Warwick, my lord Mohun, and capt. Coote, were gone, I heard Mr. Dockwra say to Mr. French and Mr. James, We don't care a farthing for them, we will fight them at any time.
Attorney-General—I desire to know, whether this witness testified any thing of this matter when he was examined before the coroner?
Cawthorne—No; I forgot those words when I was examined before the coroner.
Attorney-General—How soon after your examination did you recollect yourself as to what you now speak?
Cawthorne—The next day after.
He had not mentioned the words he now said were spoken by Dockwra either at the inquest or at the trial at the Old Bailey.
Thomas Browne was sworn.Lord High Steward—What question do you ask this witness, Mr. Attorney?Attorney-General—That he would acquaint your lordships, whether he carried Mr. Richard Coote, the person that was slain, upon the 29th or 30th of October, from the Greyhound tavern in the Strand, and to what place he carried him?Lord High Steward—You hear the question; pray speak so loud that my lords may all hear what you say.Browne—My Lords, I was between the hours of one and two in the morning, on Sunday the 30th of October last, with my fellows and our chair, at the Buffler's Head Tavern at Charing-cross, and I heard some people at Locket's, at the Greyhound in the Strand, calling coach coach, a pretty while; but there were no coaches in the street, nor that came to them; when they could not get coaches then they called out for chairs; and we coming to the door with our chair, there were four other chairs there, and six gentlemen stood in the passage; and then it was said, there was not chairs enough, and there wanted one more, and they stood discoursing; and the first man came into my chair, who was capt. Coote, and mylord of Warwick he got into another; When the door of the chair was shut up, we asked whither we should go; but my lord Mohun came and bid open the chair again; and we did so, and he returned into the house, and there was some discourse between them standing at the bar in the entry. Mr. Coote came out again and came into my chair, and my lord Mohun and my lord of Warwick went into two others; Mr. Coote bid me carry him into Leicester fields, and to make all the haste I could; my lord of Warwick and my lord Mohun being in the next chairs, asked him, Whither are you a-going, and called out twice, and he said, To Leicester fields; pray do not, says my lord of Warwick, but come along with us, and let it alone till to-morrow; but he bid us go on; and as we were turning up St. Martin's Lane, by the Cross Keys tavern, my lord Mohun, and my lord Warwick called out to us to stop, and their chairs came up to the back door of the Cross Keys tavern, and there all the three chairs were set on a-breast in St. Martin's Lane, and while they were talking together, there came by three chairs on the other side of the way; and Mr. Coote bid us take up and make all the haste we could to get before them into Leicester fields, so taking up the chair again, Mr. Coote bid us make haste, and if we could go no faster, he swore, damn him, he would run his sword in one of our bodies: There were two chairs before me, and my lord Mohun and my lord Warwick followed in two chairs after me; and when we came to the corner of Leicester fields, at Green street end, all the three chairs were set down a-breast again, and Mr. Coote put his hand in his pocket, and took out half a guinea to pay, and said he had no silver; and my lord of Warwick spoke to my lord Mohun, whotook out three shillings out of his pocket, who said, there was for my lord Warwick, captain Coote, and himself; and when they were gone out, I took my box and my pipe, and filled my pipe, and took the lanthorn and lighted it, and by that time I had lighted my pipe, I heard a calling out, Chair, chair, again, towards the upper end of the square; so I took my chair, and there was one of the chairs that was not gone; and so we came up to the upper end of the fields, and they called to us to bring the chairs over the rails; we told them we did not know how to do that, for we should not be able to get them back again; at last we did get over the rails, and made up close to the place where we heard the noise, for we could see nothing, it being a very dark night; and when we came up close to them, by our lanthorn there were two gentlemen holding up Mr. Coote under their arms, and crying out, My dear Coote, My dear Coote!Attorney-General—Pray, who were those two gentlemen?Browne—I did not know them, one was in red cloaths, and the other had gold lace, and they would have had me have taken Mr. Coote into my chair; but seeing him bloody, and not able to help himself, I said I would not spoil my chair, and so would not meddle with him; but they said they would make me any satisfaction for my chair, and desired me to take him in; but he gave himself a spring from them, and we found he was too heavy for us to lift over the rails, and all we could do could not make him sit in the chair, but the chair was broken with endeavouring to place him there; and they said if we would carry him to a surgeon's, they would give us £100 security;but we finding it impossible, the watch was called for, but nobody would come near, for they said it was out of their ward, and so they would not come anigh me; and I staid about half an hour with my chair broken, and afterwards I was laid hold upon, both I and my partner, and we were kept till next night eleven a-clock; and that is all the satisfaction that I have had for my chair and every thing.Attorney-General—Pray, my lord, I desire he may recollect himself; for we do apprehend it is very material, who it was that desired to take Mr. Coote into the chair.Browne—I cannot tell who they were, it was so very dark I could only see their cloaths.Attorney-General—Did you see the earl of Warwick there?Browne—No, Sir, he was not there; one of them, I tell you, had officers' cloaths on, red lined with blue, and the other had gold lace on; there was nobody there that held him up but them two.Marquis of Normanby—He says he saw two persons holding up Mr. Coote; it would be very well to have that matter very well settled, who those two persons were; I desire to know how he is sure my lord of Warwick was not one of them two?Browne—I know my lord of Warwick very well, and I am sure he was neither of the two.Duke of Leeds—I would know what light he had to discern it so well by, that he can be sure my lord of Warwick was not there; for he says it was a very dark night, and yet he describes the particular persons that held Mr. Coote up.Browne—Yes, my lord, I am sure my lord of Warwick was none of them.Duke of Leeds—How could you distinguish in so dark a night, the colours of people's cloaths?Browne—With the candle that I had lighted in my lanthorn.Duke of Leeds—He could not know any of the persons unless he held a lanthorn to their faces, or knew them very well before.Lord High Steward—My lord Warwick, will your lordship ask this witness any questions?Earl of Warwick—My lord, I desire he may be asked, Whether I did not bid him stop at St. Martin's-lane end, and do all that I could to hinder Mr. Coote from going any further, but to go home?Browne—The earl of Warwick, and my lord Mohun, as they turned up the lane, asked Mr. Coote, whither he was going? And when he said to Leicester-fields, they desired him to let it alone till to-morrow; and my lord Mohun said he should go home with him; but the other bid us go on, and said he would not go to his lodgings, but that they would make an end of it that night; still they called to him again, Dear Coote, let us speak a word with you; and as the chairs came to the back-door of the Cross-keys tavern, there they stood all of a breast, and they both of them spoke to him, and stood a pretty while there, and in the mean time three chairs passed by on the other side; he commanded us to take up, and carry him away to Leicester-fields immediately, and overtake the other chairs, or he would run one of us into the body.Lord High Steward—Would your lordship ask him any more questions?Earl of Warwick—No, my lord.Attorney-General—My lord, I observe, he saysthey discoursed some time together while they stopped in St. Martin's-lane; I desire that he may be asked, Whether he can tell what that discourse was?Browne—I could not well hear, they whispered together, but I could hear my lord Mohun, and my lord of Warwick, desire capt. Coote to go home, and let the business alone till another time.Attorney-General—I desire he may explain himself, what that business was that they would have put off till to-morrow.Browne—I know not what it was; I heard of no anger betwixt them, but they were as good friends, for anything I know to the contrary, as ever they were in their lives or as ever I see any men.Attorney-General—Our next witness is William Crippes. [Who was sworn.]Lord High Steward—What do you ask this man, Mr. Attorney?Attorney-General—Pray, will you give my lords here an account who you carried to Leicester-fields, the 29th or 30th of October, and what happened in your knowledge at that time?Crippes—Captain Coote was the first man that went into the chair when we came to the Greyhound tavern; afterwards he came out again, and when we took him up the second time, he was the first man that set out; and he bid us carry him to Leicester-fields; and when we came to the corner of St. Martin's-lane, we turned up that way; and my lord of Warwick, and my lord Mohun, called to us, being in chairs behind, to know whither we were going, and desired to speak with captain Coote; and he said he was going to Leicester-fields; and when they asked, what to do? He said, to end the business:they desired him to put it off till to-morrow; and while they were discoursing about it in St. Martin's-lane, there passed by other three chairs, which, when captain Coote saw, he bid us take up and overtake them, and go faster, or he would run one of us into the body: so we went on, and at the lower end of Leicester-fields we set him down; and the other two gentlemen, my lord Warwick and my lord Mohun, were there set down, and went lovingly together, for any thing that I saw, up the pavement of the square, towards the upper end; and in a little time we heard a noise of calling for chairs towards the upper end, and when we came there with the chair, we were bid to lift over the chair within the rails; and when we said it was hard to be done, they insisted upon it, and we did come in; and when we came there we saw two gentlemen holding up captain Coote, and would have had us taken him into the chair; we saw there was a great deal of blood, but I never heard how it came, and they would have had us carried him to a French surgeon's, and proffered any money.Attorney-General—My lord, I desire to know, who they were that desired him to be carried to the surgeon?Lord High Steward—You hear the question, what say you?Crippes—I cannot tell, my lord; one of them had something of lace upon him, but it was so dark that I could hardly see my hand, and therefore I cannot tell who they were; and when there was an objection made, that the chairs would be spoiled, they said we need not question our chair, they would give us £100 security to answer any damages, if we would but carry him; so we endeavoured to put him intothe chair, but could not; and so we called out to the watch, to have had some help; but they said it was none of their ward, and so they would not come to us; so the gentlemen went away, and we left them, and went and called a surgeon, who, when he came, said, he was a dead man, and we were secured till the next day.Attorney-General—Pray, my lord, I desire he may be asked, Were there not other chairs in that place at the time?Crippes—There was one in the Field besides, and no more that I could see; they all went away but us two.Attorney-General—What distance of time was there between their setting down in Leicester-fields, and their calling the chairs again?Crippes—Not a quarter of an hour.Attorney-General—What became of the three chairs that passed by you in St. Martin's-lane?Crippes—They got before us; but what became of them afterwards I cannot tell.Attorney-General—Did they come from the same place, the tavern in the Strand that you were at?Crippes—Yes, I believe they did, my lord; for capt Coote bid us follow them, and threatened us if we did not make greater haste.Attorney—General—Do you know my lord of Warwick?Crippes—Yes, he had whitish cloaths on; and none but he had such clothes on as those were.Lord High Steward—Will your lordship ask this witness any questions?Earl of Warwick—My lord, I desire he may be asked, Whether I did not bid him stop? and,whether I did not say, they should not go to quarrel that night?Attorney-General—My lord, I desire to know of him, directly and downright, Whether my lord of Warwick was not one of them that held him when he was within the rails of the fields?Crippes—No, he was not; he was neither of them; for the one of them was too big for him, and the other was too little for my lord Mohun.Attorney-General—Now we call the chairman that carried the earl of Warwick into Leicester-fields, James Crattle.(He was sworn.)Attorney-General—Will you tell my lords what you know of any person that you carried the 29th or 30th of October last, from the Greyhound tavern in the Strand, and who it was, and whither you carried him?Crattle—I was going along Charing-cross, between one and two in the morning, the 30th of October, last, and I heard a chair called for at Locket's at the Dog tavern; and thither I and my partner went, and we took up the gentleman, and carried him to Leicester-fields.Attorney-General—Who was that gentleman?Crattle—It was my lord of Warwick.Attorney-General—What time of night do you say it was?Crattle—It was about one or two in the morning.Attorney-General—What day of the week was it?Crattle—It was Saturday night and Sunday morning.Attorney-General—Whither did you carry him?Crattle—Into Green-street, towards the lower end of Leicester-square.Attorney-General—What chairs were there more there?Crattle—There was one that captain Coote was in, and another that my lord Mohun was in, and we went away all together.Attorney-General—Were there no other chairs?Crattle—I did not know who went in the other chairs, but there were three other chairs that passed by us at St Martin's-lane, and we followed after them to Leicester-fields.Attorney-General—Pray what became of you after you had set down your fare?Crattle—We were discharged and paid; the other three went up towards my lord of Leicester's; but we were coming away, and in a little time we heard the noise of calling chairs! chairs! again, and there were two chairs did come up, Thomas Browne's and ours; my lord of Warwick called our chair, and we took him into it, and he bid us carry him to the Bagnio in Long-acre; and when we came there we knocked at the door, and his hand was bloody, and he asked us if we had any handkerchief to bind up his hand.Attorney-General—Was there any other chairs at the door of the Bagnio, at the same time when you came there?Crattle—Yes, there was another chair there at the door at the same time, and we set down both together.Attorney-General—Pray whence came that chair?Crattle—Indeed, I do not know.Attorney-General—Who were the chairmen that carried that chair?Crattle—Indeed, my lord Mohun and my lord Warwick were the only persons that I knew of all the company.Attorney-General—What sort of gentleman was the other, that went out of the other chair into the house?Crattle—He was a pretty tall man; when he was in we went away; I only can say, I saw my lord of Warwick go into the house.Attorney-General—Did you take any notice of any sword that my lord of Warwick had in his hand at that time?Crattle—No; I cannot say I did take any notice of any sword, only that there was a handkerchief desired.Attorney-General—Pray, did you hear no noise at all in the field, till you heard chairs called for again?Crattle—No; I cannot say I heard any noise in the field.Attorney-General—Did you apprehend there was any fighting?Crattle—No, I knew nothing at all of it; but upon the calling of chairs again, and my lord Warwick coming along, we took him in, and he bid us go to the Bagnio, and thither we went.Attorney-General—My lord, we have done with this witness.Lord High Steward—My lord Warwick, will you ask this witness any questions?Earl of Warwick—No, my lord.
Thomas Browne was sworn.
Lord High Steward—What question do you ask this witness, Mr. Attorney?
Attorney-General—That he would acquaint your lordships, whether he carried Mr. Richard Coote, the person that was slain, upon the 29th or 30th of October, from the Greyhound tavern in the Strand, and to what place he carried him?
Lord High Steward—You hear the question; pray speak so loud that my lords may all hear what you say.
Browne—My Lords, I was between the hours of one and two in the morning, on Sunday the 30th of October last, with my fellows and our chair, at the Buffler's Head Tavern at Charing-cross, and I heard some people at Locket's, at the Greyhound in the Strand, calling coach coach, a pretty while; but there were no coaches in the street, nor that came to them; when they could not get coaches then they called out for chairs; and we coming to the door with our chair, there were four other chairs there, and six gentlemen stood in the passage; and then it was said, there was not chairs enough, and there wanted one more, and they stood discoursing; and the first man came into my chair, who was capt. Coote, and mylord of Warwick he got into another; When the door of the chair was shut up, we asked whither we should go; but my lord Mohun came and bid open the chair again; and we did so, and he returned into the house, and there was some discourse between them standing at the bar in the entry. Mr. Coote came out again and came into my chair, and my lord Mohun and my lord of Warwick went into two others; Mr. Coote bid me carry him into Leicester fields, and to make all the haste I could; my lord of Warwick and my lord Mohun being in the next chairs, asked him, Whither are you a-going, and called out twice, and he said, To Leicester fields; pray do not, says my lord of Warwick, but come along with us, and let it alone till to-morrow; but he bid us go on; and as we were turning up St. Martin's Lane, by the Cross Keys tavern, my lord Mohun, and my lord Warwick called out to us to stop, and their chairs came up to the back door of the Cross Keys tavern, and there all the three chairs were set on a-breast in St. Martin's Lane, and while they were talking together, there came by three chairs on the other side of the way; and Mr. Coote bid us take up and make all the haste we could to get before them into Leicester fields, so taking up the chair again, Mr. Coote bid us make haste, and if we could go no faster, he swore, damn him, he would run his sword in one of our bodies: There were two chairs before me, and my lord Mohun and my lord Warwick followed in two chairs after me; and when we came to the corner of Leicester fields, at Green street end, all the three chairs were set down a-breast again, and Mr. Coote put his hand in his pocket, and took out half a guinea to pay, and said he had no silver; and my lord of Warwick spoke to my lord Mohun, whotook out three shillings out of his pocket, who said, there was for my lord Warwick, captain Coote, and himself; and when they were gone out, I took my box and my pipe, and filled my pipe, and took the lanthorn and lighted it, and by that time I had lighted my pipe, I heard a calling out, Chair, chair, again, towards the upper end of the square; so I took my chair, and there was one of the chairs that was not gone; and so we came up to the upper end of the fields, and they called to us to bring the chairs over the rails; we told them we did not know how to do that, for we should not be able to get them back again; at last we did get over the rails, and made up close to the place where we heard the noise, for we could see nothing, it being a very dark night; and when we came up close to them, by our lanthorn there were two gentlemen holding up Mr. Coote under their arms, and crying out, My dear Coote, My dear Coote!
Attorney-General—Pray, who were those two gentlemen?
Browne—I did not know them, one was in red cloaths, and the other had gold lace, and they would have had me have taken Mr. Coote into my chair; but seeing him bloody, and not able to help himself, I said I would not spoil my chair, and so would not meddle with him; but they said they would make me any satisfaction for my chair, and desired me to take him in; but he gave himself a spring from them, and we found he was too heavy for us to lift over the rails, and all we could do could not make him sit in the chair, but the chair was broken with endeavouring to place him there; and they said if we would carry him to a surgeon's, they would give us £100 security;but we finding it impossible, the watch was called for, but nobody would come near, for they said it was out of their ward, and so they would not come anigh me; and I staid about half an hour with my chair broken, and afterwards I was laid hold upon, both I and my partner, and we were kept till next night eleven a-clock; and that is all the satisfaction that I have had for my chair and every thing.
Attorney-General—Pray, my lord, I desire he may recollect himself; for we do apprehend it is very material, who it was that desired to take Mr. Coote into the chair.
Browne—I cannot tell who they were, it was so very dark I could only see their cloaths.
Attorney-General—Did you see the earl of Warwick there?
Browne—No, Sir, he was not there; one of them, I tell you, had officers' cloaths on, red lined with blue, and the other had gold lace on; there was nobody there that held him up but them two.
Marquis of Normanby—He says he saw two persons holding up Mr. Coote; it would be very well to have that matter very well settled, who those two persons were; I desire to know how he is sure my lord of Warwick was not one of them two?
Browne—I know my lord of Warwick very well, and I am sure he was neither of the two.
Duke of Leeds—I would know what light he had to discern it so well by, that he can be sure my lord of Warwick was not there; for he says it was a very dark night, and yet he describes the particular persons that held Mr. Coote up.
Browne—Yes, my lord, I am sure my lord of Warwick was none of them.
Duke of Leeds—How could you distinguish in so dark a night, the colours of people's cloaths?
Browne—With the candle that I had lighted in my lanthorn.
Duke of Leeds—He could not know any of the persons unless he held a lanthorn to their faces, or knew them very well before.
Lord High Steward—My lord Warwick, will your lordship ask this witness any questions?
Earl of Warwick—My lord, I desire he may be asked, Whether I did not bid him stop at St. Martin's-lane end, and do all that I could to hinder Mr. Coote from going any further, but to go home?
Browne—The earl of Warwick, and my lord Mohun, as they turned up the lane, asked Mr. Coote, whither he was going? And when he said to Leicester-fields, they desired him to let it alone till to-morrow; and my lord Mohun said he should go home with him; but the other bid us go on, and said he would not go to his lodgings, but that they would make an end of it that night; still they called to him again, Dear Coote, let us speak a word with you; and as the chairs came to the back-door of the Cross-keys tavern, there they stood all of a breast, and they both of them spoke to him, and stood a pretty while there, and in the mean time three chairs passed by on the other side; he commanded us to take up, and carry him away to Leicester-fields immediately, and overtake the other chairs, or he would run one of us into the body.
Lord High Steward—Would your lordship ask him any more questions?
Earl of Warwick—No, my lord.
Attorney-General—My lord, I observe, he saysthey discoursed some time together while they stopped in St. Martin's-lane; I desire that he may be asked, Whether he can tell what that discourse was?
Browne—I could not well hear, they whispered together, but I could hear my lord Mohun, and my lord of Warwick, desire capt. Coote to go home, and let the business alone till another time.
Attorney-General—I desire he may explain himself, what that business was that they would have put off till to-morrow.
Browne—I know not what it was; I heard of no anger betwixt them, but they were as good friends, for anything I know to the contrary, as ever they were in their lives or as ever I see any men.
Attorney-General—Our next witness is William Crippes. [Who was sworn.]
Lord High Steward—What do you ask this man, Mr. Attorney?
Attorney-General—Pray, will you give my lords here an account who you carried to Leicester-fields, the 29th or 30th of October, and what happened in your knowledge at that time?
Crippes—Captain Coote was the first man that went into the chair when we came to the Greyhound tavern; afterwards he came out again, and when we took him up the second time, he was the first man that set out; and he bid us carry him to Leicester-fields; and when we came to the corner of St. Martin's-lane, we turned up that way; and my lord of Warwick, and my lord Mohun, called to us, being in chairs behind, to know whither we were going, and desired to speak with captain Coote; and he said he was going to Leicester-fields; and when they asked, what to do? He said, to end the business:they desired him to put it off till to-morrow; and while they were discoursing about it in St. Martin's-lane, there passed by other three chairs, which, when captain Coote saw, he bid us take up and overtake them, and go faster, or he would run one of us into the body: so we went on, and at the lower end of Leicester-fields we set him down; and the other two gentlemen, my lord Warwick and my lord Mohun, were there set down, and went lovingly together, for any thing that I saw, up the pavement of the square, towards the upper end; and in a little time we heard a noise of calling for chairs towards the upper end, and when we came there with the chair, we were bid to lift over the chair within the rails; and when we said it was hard to be done, they insisted upon it, and we did come in; and when we came there we saw two gentlemen holding up captain Coote, and would have had us taken him into the chair; we saw there was a great deal of blood, but I never heard how it came, and they would have had us carried him to a French surgeon's, and proffered any money.
Attorney-General—My lord, I desire to know, who they were that desired him to be carried to the surgeon?
Lord High Steward—You hear the question, what say you?
Crippes—I cannot tell, my lord; one of them had something of lace upon him, but it was so dark that I could hardly see my hand, and therefore I cannot tell who they were; and when there was an objection made, that the chairs would be spoiled, they said we need not question our chair, they would give us £100 security to answer any damages, if we would but carry him; so we endeavoured to put him intothe chair, but could not; and so we called out to the watch, to have had some help; but they said it was none of their ward, and so they would not come to us; so the gentlemen went away, and we left them, and went and called a surgeon, who, when he came, said, he was a dead man, and we were secured till the next day.
Attorney-General—Pray, my lord, I desire he may be asked, Were there not other chairs in that place at the time?
Crippes—There was one in the Field besides, and no more that I could see; they all went away but us two.
Attorney-General—What distance of time was there between their setting down in Leicester-fields, and their calling the chairs again?
Crippes—Not a quarter of an hour.
Attorney-General—What became of the three chairs that passed by you in St. Martin's-lane?
Crippes—They got before us; but what became of them afterwards I cannot tell.
Attorney-General—Did they come from the same place, the tavern in the Strand that you were at?
Crippes—Yes, I believe they did, my lord; for capt Coote bid us follow them, and threatened us if we did not make greater haste.
Attorney—General—Do you know my lord of Warwick?
Crippes—Yes, he had whitish cloaths on; and none but he had such clothes on as those were.
Lord High Steward—Will your lordship ask this witness any questions?
Earl of Warwick—My lord, I desire he may be asked, Whether I did not bid him stop? and,whether I did not say, they should not go to quarrel that night?
Attorney-General—My lord, I desire to know of him, directly and downright, Whether my lord of Warwick was not one of them that held him when he was within the rails of the fields?
Crippes—No, he was not; he was neither of them; for the one of them was too big for him, and the other was too little for my lord Mohun.
Attorney-General—Now we call the chairman that carried the earl of Warwick into Leicester-fields, James Crattle.
(He was sworn.)
Attorney-General—Will you tell my lords what you know of any person that you carried the 29th or 30th of October last, from the Greyhound tavern in the Strand, and who it was, and whither you carried him?
Crattle—I was going along Charing-cross, between one and two in the morning, the 30th of October, last, and I heard a chair called for at Locket's at the Dog tavern; and thither I and my partner went, and we took up the gentleman, and carried him to Leicester-fields.
Attorney-General—Who was that gentleman?
Crattle—It was my lord of Warwick.
Attorney-General—What time of night do you say it was?
Crattle—It was about one or two in the morning.
Attorney-General—What day of the week was it?
Crattle—It was Saturday night and Sunday morning.
Attorney-General—Whither did you carry him?
Crattle—Into Green-street, towards the lower end of Leicester-square.
Attorney-General—What chairs were there more there?
Crattle—There was one that captain Coote was in, and another that my lord Mohun was in, and we went away all together.
Attorney-General—Were there no other chairs?
Crattle—I did not know who went in the other chairs, but there were three other chairs that passed by us at St Martin's-lane, and we followed after them to Leicester-fields.
Attorney-General—Pray what became of you after you had set down your fare?
Crattle—We were discharged and paid; the other three went up towards my lord of Leicester's; but we were coming away, and in a little time we heard the noise of calling chairs! chairs! again, and there were two chairs did come up, Thomas Browne's and ours; my lord of Warwick called our chair, and we took him into it, and he bid us carry him to the Bagnio in Long-acre; and when we came there we knocked at the door, and his hand was bloody, and he asked us if we had any handkerchief to bind up his hand.
Attorney-General—Was there any other chairs at the door of the Bagnio, at the same time when you came there?
Crattle—Yes, there was another chair there at the door at the same time, and we set down both together.
Attorney-General—Pray whence came that chair?
Crattle—Indeed, I do not know.
Attorney-General—Who were the chairmen that carried that chair?
Crattle—Indeed, my lord Mohun and my lord Warwick were the only persons that I knew of all the company.
Attorney-General—What sort of gentleman was the other, that went out of the other chair into the house?
Crattle—He was a pretty tall man; when he was in we went away; I only can say, I saw my lord of Warwick go into the house.
Attorney-General—Did you take any notice of any sword that my lord of Warwick had in his hand at that time?
Crattle—No; I cannot say I did take any notice of any sword, only that there was a handkerchief desired.
Attorney-General—Pray, did you hear no noise at all in the field, till you heard chairs called for again?
Crattle—No; I cannot say I heard any noise in the field.
Attorney-General—Did you apprehend there was any fighting?
Crattle—No, I knew nothing at all of it; but upon the calling of chairs again, and my lord Warwick coming along, we took him in, and he bid us go to the Bagnio, and thither we went.
Attorney-General—My lord, we have done with this witness.
Lord High Steward—My lord Warwick, will you ask this witness any questions?
Earl of Warwick—No, my lord.
Gibson, the other chairman who carried the Earl of Warwick, was then called, and gave substantially the same evidence as the last witness.
Applegatecarried Lord Mohun to LeicesterFields, and corroborated the account of the journey thither given by the other witnesses.