Attorney-General—What then happened afterwards, can you tell?Applegate—I cannot tell whether I had lighted my pipe, or was just lighting it, when I heard chairs called again; upon which we run up with our chairs towards the upper end of the fields, and there I did see my lord of Warwick within the rails, who bid us put over our chair into the fields; but we told him, if we did, we could not get it over again; and so we went with our chair to the corner of the fields; and when we came there, there came out captain French, who bid us open our chairs, and let him in, for he did believe he was a dead man; and upon that we did take him in, and he bid us carry him with all the speed we could to the Bagnio in Long-acre, and my lord of Warwick got into another chair behind; so we went to Long-acre; and when we came to the door of the Bagnio and captain French came out of the chair, he was so weak that he fell down upon his knees; and when he came out, I asked who should pay me, and desired to be discharged; and the earl of Warwick said, Damn ye, call for your money to-morrow; so they both went in at the Bagnio door together.Attorney-General—Pray, who called for the chair first, captain French, or my lord of Warwick, in the fields?Applegate—I cannot tell; but when I brought up my chair, I first saw my lord of Warwick, and he would have had me lifted the chair over the rails, and I told him we could not get it over again, and so went up to the upper end of the fields.Attorney-General—If you first spoke with my lord of Warwick, why did you not carry my lord of Warwick?Applegate—Indeed I cannot tell; but I suppose it was because he did not come so soon out of the fields as captain French, or did not come the same way.Attorney-General—Pray, do you remember anything that happened just at their carrying capt. French away?Applegate—Before he went into the chair, he stopped and would have pulled off his cloaths, but we would not let him.Attorney-General—Did you see any sword capt. French had?Applegate—I did see no sword that I can say directly was a sword; but capt. French had something in his hand, but what it was I cannot tell.Attorney-General—What was it that he said to you, when he first went into the chair?Applegate—He desired to be carried to the Bagnio; for he said he believed he was a dead man.Attorney-General—Pray friend, recollect yourself, if you heard him say any thing at all when he first went into the chair at the Greyhound tavern?Applegate—I did not hear him mention any thing at all.Attorney-General—Pray what did you hear my lord of Warwick say at that time?Applegate—Truly, I cannot say I heard him mention any thing at all neither; but I did hear my lord Mohun say, when he could not prevail, in St. Martin's-lane, with captain Coote to go home, that if they did go he would go and see it.Attorney-General—If they did go; who did he mean by they?Applegate—My lord Warwick and captain Coote that were in the other chairs; there was nobody else to speak to.Attorney-General—Was there any talk of fighting or quarrelling?Applegate—No, indeed, I do not know of any difference there was between them.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 endeavour to put off the going into Leicester-fields, and to have all things let alone till to-morrow.Applegate—My lord, I cannot say any thing of that; but I did hear my lord Mohun beg heartily of captain Coote to go home, and let the business alone till another time; and indeed I think, I never heard a man beg more heartily for an alms at a door, than he did, that they might not go into the fields then; but I cannot say that I heard any thing that my lord of Warwick said about it.Lord High Steward—Will your lordship ask him any other questions?Earl of Warwick—No, my lord.
Attorney-General—What then happened afterwards, can you tell?
Applegate—I cannot tell whether I had lighted my pipe, or was just lighting it, when I heard chairs called again; upon which we run up with our chairs towards the upper end of the fields, and there I did see my lord of Warwick within the rails, who bid us put over our chair into the fields; but we told him, if we did, we could not get it over again; and so we went with our chair to the corner of the fields; and when we came there, there came out captain French, who bid us open our chairs, and let him in, for he did believe he was a dead man; and upon that we did take him in, and he bid us carry him with all the speed we could to the Bagnio in Long-acre, and my lord of Warwick got into another chair behind; so we went to Long-acre; and when we came to the door of the Bagnio and captain French came out of the chair, he was so weak that he fell down upon his knees; and when he came out, I asked who should pay me, and desired to be discharged; and the earl of Warwick said, Damn ye, call for your money to-morrow; so they both went in at the Bagnio door together.
Attorney-General—Pray, who called for the chair first, captain French, or my lord of Warwick, in the fields?
Applegate—I cannot tell; but when I brought up my chair, I first saw my lord of Warwick, and he would have had me lifted the chair over the rails, and I told him we could not get it over again, and so went up to the upper end of the fields.
Attorney-General—If you first spoke with my lord of Warwick, why did you not carry my lord of Warwick?
Applegate—Indeed I cannot tell; but I suppose it was because he did not come so soon out of the fields as captain French, or did not come the same way.
Attorney-General—Pray, do you remember anything that happened just at their carrying capt. French away?
Applegate—Before he went into the chair, he stopped and would have pulled off his cloaths, but we would not let him.
Attorney-General—Did you see any sword capt. French had?
Applegate—I did see no sword that I can say directly was a sword; but capt. French had something in his hand, but what it was I cannot tell.
Attorney-General—What was it that he said to you, when he first went into the chair?
Applegate—He desired to be carried to the Bagnio; for he said he believed he was a dead man.
Attorney-General—Pray friend, recollect yourself, if you heard him say any thing at all when he first went into the chair at the Greyhound tavern?
Applegate—I did not hear him mention any thing at all.
Attorney-General—Pray what did you hear my lord of Warwick say at that time?
Applegate—Truly, I cannot say I heard him mention any thing at all neither; but I did hear my lord Mohun say, when he could not prevail, in St. Martin's-lane, with captain Coote to go home, that if they did go he would go and see it.
Attorney-General—If they did go; who did he mean by they?
Applegate—My lord Warwick and captain Coote that were in the other chairs; there was nobody else to speak to.
Attorney-General—Was there any talk of fighting or quarrelling?
Applegate—No, indeed, I do not know of any difference there was between them.
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 endeavour to put off the going into Leicester-fields, and to have all things let alone till to-morrow.
Applegate—My lord, I cannot say any thing of that; but I did hear my lord Mohun beg heartily of captain Coote to go home, and let the business alone till another time; and indeed I think, I never heard a man beg more heartily for an alms at a door, than he did, that they might not go into the fields then; but I cannot say that I heard any thing that my lord of Warwick said about it.
Lord High Steward—Will your lordship ask him any other questions?
Earl of Warwick—No, my lord.
Catro, who was the second chairman who carried Lord Mohun's chair, corroborated Applegate's evidence. Palmer, Jackson, and Edwards were three chairmen who had helped to carry French, James, and Dockwra to Leicester Fields; but they had nothing to add to the evidence already given.
Pomfretwas a servant at the Bagnio in Long Acre. In answer to the Attorney-General he said:—
My lord, on Sunday the 30th of October last, between two and three in the morning, there came to my master's door the earl of Warwick, and knocked at the door, and there was capt. French with him; and when they were let in, my lord of Warwick told me that capt. French was wounded, and he himself had a wound, and he desired that my master might be called up for to dress the wounds; especially, because capt. French was very much wounded; which accordingly was done in about a quarter of an hour after they were brought in.Attorney-General—Did he desire to be concealed when he was come in?Lord High Steward—Of whom do you speak, Mr. Attorney?Attorney-General—My lord of Warwick.Pomfret—He did desire, that if any body asked for him, it should be said he was not there.Attorney-General—Pray in what condition did my lord of Warwick seem to be in at that time?Pomfret—He seemed to be very much concerned at that time, and his right hand, in which he had his sword, and which was drawn, was very much bloody.Attorney-General—Was the sword bloody that he had in his hand?Pomfret—The blade was bloody; but whether it was all over bloody, I cannot tell; there was besides some blood upon the shell; it was very near all over bloody, as I remember.Attorney-General—Pray, friend, consider what you swore at the Coroner's Inquest about the blood upon the sword.Pomfret—Indeed I cannot say it was bloody all along the blade; but there was blood upon the shell, and there was blood upon the inside: it was so, to the best of my remembrance.Attorney-General—What condition was Mr. French's sword in?Pomfret—He had a drawn sword in his hand, but I did not perceive it had any blood upon it; it was a large blade.Attorney-General—How do you know what sort of sword Mr. French's was, and in what condition it was?Pomfret—He desired me to take notice of it next morning, and I did so; and there was no blood upon it.Attorney-General—How came you to be desired to take notice of what passed there about the swords?Pomfret—My lord, there was three of them the next day, and one, it was said, was Mr. Coote's, and another of them was my lord of Warwick's, which I do believe was bloody from the point upwards, very near; but I cannot directly say but that was afterwards.Attorney-General—Who brought in that sword that you say was Mr. Coote's?Pomfret—To the best of my remembrance, capt. Dockwra brought it in; it was almost half an hour after my lord Warwick and capt. French came in to the house, when they came thither.Attorney-General—They, who do you mean?Pomfret—Captain James and he.Attorney-General—Were they let in presently?Pomfret—No, my lord of Warwick had desired that they might be private there; but when they knocked at the door, my lord of Warwick desired to know who they were; and when it was understood that they were Mr. James and Mr. Dockwra, they were let in by my lord's order.Attorney-General—Pray, which of all the four brought in any sword in a scabbard?Pomfret—It was captain Dockwra.Attorney-General—Pray, did they appear to be all of a party?Pomfret—They were glad to see one another; and they talked a pretty while together; but indeed I cannot say I heard what they talked.Attorney-General—Pray, do you remember my lord of Warwick's sword, and what there was upon it?Pomfret—It was a steel sword, water-gilt, and as near as I can remember, there was blood upon it for the most part from the point upward.Attorney-General—And what did appear upon Mr. French's sword?Pomfret—There was water and dirt, but there was no blood at all.Attorney-General—How long did they stay there?Pomfret—They all continued about half an hour; and then went away, all but Mr. French, who staid there.Attorney-General—What then became of the others?Pomfret—Mr. James, Mr. Dockwra, and my lord of Warwick went away; and my lord of Warwick desired particularly, that we would all take care ofMr. French, for he was his particular friend; and Mr. French continued there till Sunday about one of the clock.Attorney-General—Was there any discourse at that time about Mr. Coote?Pomfret—Not that I heard of, one word.Attorney-General—Was there any notice taken of any quarrel that happened between any body, and who?Pomfret—No, indeed, I did not hear them take notice of any quarrel at all between any body.Attorney-General—You say Mr. French, when he came into your house, was wounded, and there was care particularly taken of him because he was wounded.Pomfret—Yes; my lord of Warwick desired to take care of him.Attorney-General—Then pray, was there no discourse how he came to be wounded?Pomfret—Indeed I do not know how he came to be wounded; nor did I hear one word of discourse about it; indeed I cannot say any thing who wounded him.Attorney-General—Pray will you recollect yourself, and tell my lords what sort of handle had my lord of Warwick's sword when you saw it?Pomfret—It had a steel handle.Attorney-General—Pray, can you tell whether the shell was open or close?Pomfret—I cannot tell justly; I saw it, and that was all.Attorney-General—If I apprehend you, you say my lord had a wound in his hand.Pomfret—Yes, my lord, he had so.Attorney-General—Pray, in what hand was it that he was wounded?Pomfret—To the best of my remembrance, it was in his right hand.Attorney-General—Pray, did there appear much blood there?Pomfret—Yes, my lord, indeed there did.Serjeant Wright—You talk of Mr. James and Mr. Dockwra's swords; pray in what condition were they?Pomfret—Mr. Dockwra's sword was by his side, and not drawn.Serjeant Wright—What did you observe of captain James's sword?Pomfret—His sword was naked, and he had lost his scabbard; but how that came I cannot tell; and there was dirt on one side of the sword; and he said he had left his scabbard behind him.Attorney-General—Was there any blood upon his sword?Pomfret—No, there was no blood that I did see upon it.Attorney-General—Pray did you see any blood upon Mr. Dockwra's sword?Pomfret—No, indeed, I did not see Mr. Dockwra's sword, it was in the scabbard by his side.
My lord, on Sunday the 30th of October last, between two and three in the morning, there came to my master's door the earl of Warwick, and knocked at the door, and there was capt. French with him; and when they were let in, my lord of Warwick told me that capt. French was wounded, and he himself had a wound, and he desired that my master might be called up for to dress the wounds; especially, because capt. French was very much wounded; which accordingly was done in about a quarter of an hour after they were brought in.
Attorney-General—Did he desire to be concealed when he was come in?
Lord High Steward—Of whom do you speak, Mr. Attorney?
Attorney-General—My lord of Warwick.
Pomfret—He did desire, that if any body asked for him, it should be said he was not there.
Attorney-General—Pray in what condition did my lord of Warwick seem to be in at that time?
Pomfret—He seemed to be very much concerned at that time, and his right hand, in which he had his sword, and which was drawn, was very much bloody.
Attorney-General—Was the sword bloody that he had in his hand?
Pomfret—The blade was bloody; but whether it was all over bloody, I cannot tell; there was besides some blood upon the shell; it was very near all over bloody, as I remember.
Attorney-General—Pray, friend, consider what you swore at the Coroner's Inquest about the blood upon the sword.
Pomfret—Indeed I cannot say it was bloody all along the blade; but there was blood upon the shell, and there was blood upon the inside: it was so, to the best of my remembrance.
Attorney-General—What condition was Mr. French's sword in?
Pomfret—He had a drawn sword in his hand, but I did not perceive it had any blood upon it; it was a large blade.
Attorney-General—How do you know what sort of sword Mr. French's was, and in what condition it was?
Pomfret—He desired me to take notice of it next morning, and I did so; and there was no blood upon it.
Attorney-General—How came you to be desired to take notice of what passed there about the swords?
Pomfret—My lord, there was three of them the next day, and one, it was said, was Mr. Coote's, and another of them was my lord of Warwick's, which I do believe was bloody from the point upwards, very near; but I cannot directly say but that was afterwards.
Attorney-General—Who brought in that sword that you say was Mr. Coote's?
Pomfret—To the best of my remembrance, capt. Dockwra brought it in; it was almost half an hour after my lord Warwick and capt. French came in to the house, when they came thither.
Attorney-General—They, who do you mean?
Pomfret—Captain James and he.
Attorney-General—Were they let in presently?
Pomfret—No, my lord of Warwick had desired that they might be private there; but when they knocked at the door, my lord of Warwick desired to know who they were; and when it was understood that they were Mr. James and Mr. Dockwra, they were let in by my lord's order.
Attorney-General—Pray, which of all the four brought in any sword in a scabbard?
Pomfret—It was captain Dockwra.
Attorney-General—Pray, did they appear to be all of a party?
Pomfret—They were glad to see one another; and they talked a pretty while together; but indeed I cannot say I heard what they talked.
Attorney-General—Pray, do you remember my lord of Warwick's sword, and what there was upon it?
Pomfret—It was a steel sword, water-gilt, and as near as I can remember, there was blood upon it for the most part from the point upward.
Attorney-General—And what did appear upon Mr. French's sword?
Pomfret—There was water and dirt, but there was no blood at all.
Attorney-General—How long did they stay there?
Pomfret—They all continued about half an hour; and then went away, all but Mr. French, who staid there.
Attorney-General—What then became of the others?
Pomfret—Mr. James, Mr. Dockwra, and my lord of Warwick went away; and my lord of Warwick desired particularly, that we would all take care ofMr. French, for he was his particular friend; and Mr. French continued there till Sunday about one of the clock.
Attorney-General—Was there any discourse at that time about Mr. Coote?
Pomfret—Not that I heard of, one word.
Attorney-General—Was there any notice taken of any quarrel that happened between any body, and who?
Pomfret—No, indeed, I did not hear them take notice of any quarrel at all between any body.
Attorney-General—You say Mr. French, when he came into your house, was wounded, and there was care particularly taken of him because he was wounded.
Pomfret—Yes; my lord of Warwick desired to take care of him.
Attorney-General—Then pray, was there no discourse how he came to be wounded?
Pomfret—Indeed I do not know how he came to be wounded; nor did I hear one word of discourse about it; indeed I cannot say any thing who wounded him.
Attorney-General—Pray will you recollect yourself, and tell my lords what sort of handle had my lord of Warwick's sword when you saw it?
Pomfret—It had a steel handle.
Attorney-General—Pray, can you tell whether the shell was open or close?
Pomfret—I cannot tell justly; I saw it, and that was all.
Attorney-General—If I apprehend you, you say my lord had a wound in his hand.
Pomfret—Yes, my lord, he had so.
Attorney-General—Pray, in what hand was it that he was wounded?
Pomfret—To the best of my remembrance, it was in his right hand.
Attorney-General—Pray, did there appear much blood there?
Pomfret—Yes, my lord, indeed there did.
Serjeant Wright—You talk of Mr. James and Mr. Dockwra's swords; pray in what condition were they?
Pomfret—Mr. Dockwra's sword was by his side, and not drawn.
Serjeant Wright—What did you observe of captain James's sword?
Pomfret—His sword was naked, and he had lost his scabbard; but how that came I cannot tell; and there was dirt on one side of the sword; and he said he had left his scabbard behind him.
Attorney-General—Was there any blood upon his sword?
Pomfret—No, there was no blood that I did see upon it.
Attorney-General—Pray did you see any blood upon Mr. Dockwra's sword?
Pomfret—No, indeed, I did not see Mr. Dockwra's sword, it was in the scabbard by his side.
Warwick's was 'a pretty broad sword': he did not take notice what length or breadth the other swords were of; French's sword was not a broad sword; he saw the swords at about three in the morning. James broke his sword on the floor after he came in.
Goodall, a servant in the Bagnio, and his wife were called. They spoke to Warwick coming in with his sword drawn in his hand and bloody; his hand was wounded. There was blood on the hilt of his sword, which was a close one. French may have come in with Warwick; James and Dockwra came in half an hour afterwards. Warwick gave orders that nobody was to be admitted; but he opened the door for James and Dockwra when they knocked and he saw who they were. Warwick, James, and Dockwra went away in a little time, Warwick ordering that particular care should be taken of French, who was his friend.
Henry Amy, the surgeon who lived at the Bagnio, was called, and said that he was called up at two in the morning of the 20th of October to attend the lord Warwick and captain French. The latter was seriously wounded, the former on the first joint of his fore-finger. While French's wound was being dressed there was a knocking at the door; Warwick ordered that nobody should be admitted, but when he found it was James and Dockwra ordered that they should be let in. They and Warwick went away in a little time, the latter telling the witness to take particular care of French. Warwick's sword was very bloody; French called for his sword the next morning, when the witness saw it, and it was a little dirty, but not with blood. There wasno talk of any quarrel; the witness asked no questions; he did not then hear anything about Coote being killed. French's sword was a middle-sized one; it was not a broad blade.
Lord High Steward—Mr. Attorney, who is your next witness?Attorney-General—Captain Loftus Duckinfield.(Who was sworn).Attorney-General—This gentleman will acquaint your lordships what discourse past between these gentlemen the next day; pray, Sir, acquaint my lords what you heard about Mr. Coote's death, and when and where.Captain Duckinfield—Early in the morning I was told of this accident.Attorney-General—By whom?Captain Duckinfield—One of the company, I cannot tell who, I think they were all together then, my lord of Warwick, capt. James, capt. Dockwra, and nobody else.Attorney-General—What was their discourse?Captain Duckinfield—They said, they believed captain Coote was killed.Attorney-General—Did they tell you by whom?Captain Duckinfield—By Mr. French, every body did say he was his adversary.Attorney-General—What account was given of the action?Captain Duckinfield—They said it was done in the dark, and capt. French was his adversary.Attorney-General—Was there any notice taken of any duel?Captain Duckinfield—Yes, there was, betweenthose two, and the other persons on both sides; and it was said my lord of Warwick was friend to Mr. Coote, and my lord Mohun.Attorney-General—Who were on the other side?Captain Duckinfield—Mr. Dockwra and Mr. James.Attorney-General—Was there any discourse, who actually fought?Captain Duckinfield—It was said, that capt. French fought with capt. Coote, as they believed, and Mr. James with my lord of Warwick.Attorney-General—Did you see my lord of Warwick's sword?Captain Duckinfield—Some time of the day I did; but I cannot tell whether it was in the morning, or no.Attorney-General—In what condition was it? Was it bloody or not?Captain Duckinfield—It was a steel sword.Attorney-General—How long did they stay with you?Captain Duckinfield—About half an hour.Attorney-General—Did they come publicly?Captain Duckinfield—We went away in a hackney coach together.Attorney-General—Pray, what discourse was there about consulting to go into the country together?Captain Duckinfield—That might be discoursed, but by whom I cannot tell.Attorney-General—Did my lord of Warwick talk of going into the country?Captain Duckinfield—Whether the companytalked of it, or my lord of Warwick in particular, and the rest assented to it, I cannot well tell.Attorney-General—Whither did they go?Captain Duckinfield—I cannot directly tell.Attorney-General—What time of the day was it?Captain Duckinfield—It was about six of the clock.Attorney-General—Cannot you tell whither they went?Captain Duckinfield—Capt. James and capt. Dockwra went to the Ship and Castle in Cornhill about five o'clock or six, as near as I can remember.Attorney-General—Can you tell what time my lord of Warwick went away?Captain Duckinfield—No, I cannot tell what time he went away, not directly.Attorney-General—Can you tell of any agreement amongst them, whither they were to go?Captain Duckinfield—No I cannot.Attorney-General—What discourse or concern did you observe past between them, concerning capt. Coote?Captain Duckinfield—My lord of Warwick shewed a great deal of concern for his friend Mr. Coote.Attorney-General—Had you any notice of Mr. Coote's death amongst you?Captain Duckinfield—We had notice before we went away; but I cannot tell whether it was before my lord of Warwick was gone.Attorney-General—Was it after the discourse of going into the country, or before?Captain Duckinfield—Indeed, I cannot directly say when it was.Attorney-General—Pray, what reason was there for their going into the country before he was dead?Captain Duckinfield—They believed he was dead.Attorney-General—Cannot you tell the reason why they would go into the country?Captain Duckinfield—No, indeed, I cannot tell the reason.Attorney-General—Did you observe my lord of Warwick's sword? Was there any blood upon it?Captain Duckinfield—I cannot say his sword was bloody at the point; the whole blade and shell was bloody, to the best of my remembrance.Attorney-General—What sort of a sword was it?Captain Duckinfield—It was a pretty broad blade, a hollow blade, and a hollow open shell.Attorney-General—Was there any discourse concerning capt. French?Captain Duckinfield—Yes, they thought he was very ill wounded.Attorney-General—Was there any, and what, discourse who should give my lord of Warwick his wound?Captain Duckinfield—It was said, they believed capt. James gave my lord his wound.Attorney-General—Pray, was there any blood upon Mr. James's sword, or was he wounded?Captain Duckinfield—I saw no wound upon capt. James, that I know of.Lord High Steward—Do you believe that my lord Warwick's sword was bloodied with the hurt of his own hand, or any otherwise?Captain Duckinfield—I cannot tell; it was a cut shell, and the outside bloody as well as the in.Lord High Steward—My lord Warwick, will your lordship ask this witness any questions?Earl of Warwick—No, my lord.Lord High Steward—Mr. Attorney, if you have any other witness, pray call them.
Lord High Steward—Mr. Attorney, who is your next witness?
Attorney-General—Captain Loftus Duckinfield.
(Who was sworn).
Attorney-General—This gentleman will acquaint your lordships what discourse past between these gentlemen the next day; pray, Sir, acquaint my lords what you heard about Mr. Coote's death, and when and where.
Captain Duckinfield—Early in the morning I was told of this accident.
Attorney-General—By whom?
Captain Duckinfield—One of the company, I cannot tell who, I think they were all together then, my lord of Warwick, capt. James, capt. Dockwra, and nobody else.
Attorney-General—What was their discourse?
Captain Duckinfield—They said, they believed captain Coote was killed.
Attorney-General—Did they tell you by whom?
Captain Duckinfield—By Mr. French, every body did say he was his adversary.
Attorney-General—What account was given of the action?
Captain Duckinfield—They said it was done in the dark, and capt. French was his adversary.
Attorney-General—Was there any notice taken of any duel?
Captain Duckinfield—Yes, there was, betweenthose two, and the other persons on both sides; and it was said my lord of Warwick was friend to Mr. Coote, and my lord Mohun.
Attorney-General—Who were on the other side?
Captain Duckinfield—Mr. Dockwra and Mr. James.
Attorney-General—Was there any discourse, who actually fought?
Captain Duckinfield—It was said, that capt. French fought with capt. Coote, as they believed, and Mr. James with my lord of Warwick.
Attorney-General—Did you see my lord of Warwick's sword?
Captain Duckinfield—Some time of the day I did; but I cannot tell whether it was in the morning, or no.
Attorney-General—In what condition was it? Was it bloody or not?
Captain Duckinfield—It was a steel sword.
Attorney-General—How long did they stay with you?
Captain Duckinfield—About half an hour.
Attorney-General—Did they come publicly?
Captain Duckinfield—We went away in a hackney coach together.
Attorney-General—Pray, what discourse was there about consulting to go into the country together?
Captain Duckinfield—That might be discoursed, but by whom I cannot tell.
Attorney-General—Did my lord of Warwick talk of going into the country?
Captain Duckinfield—Whether the companytalked of it, or my lord of Warwick in particular, and the rest assented to it, I cannot well tell.
Attorney-General—Whither did they go?
Captain Duckinfield—I cannot directly tell.
Attorney-General—What time of the day was it?
Captain Duckinfield—It was about six of the clock.
Attorney-General—Cannot you tell whither they went?
Captain Duckinfield—Capt. James and capt. Dockwra went to the Ship and Castle in Cornhill about five o'clock or six, as near as I can remember.
Attorney-General—Can you tell what time my lord of Warwick went away?
Captain Duckinfield—No, I cannot tell what time he went away, not directly.
Attorney-General—Can you tell of any agreement amongst them, whither they were to go?
Captain Duckinfield—No I cannot.
Attorney-General—What discourse or concern did you observe past between them, concerning capt. Coote?
Captain Duckinfield—My lord of Warwick shewed a great deal of concern for his friend Mr. Coote.
Attorney-General—Had you any notice of Mr. Coote's death amongst you?
Captain Duckinfield—We had notice before we went away; but I cannot tell whether it was before my lord of Warwick was gone.
Attorney-General—Was it after the discourse of going into the country, or before?
Captain Duckinfield—Indeed, I cannot directly say when it was.
Attorney-General—Pray, what reason was there for their going into the country before he was dead?
Captain Duckinfield—They believed he was dead.
Attorney-General—Cannot you tell the reason why they would go into the country?
Captain Duckinfield—No, indeed, I cannot tell the reason.
Attorney-General—Did you observe my lord of Warwick's sword? Was there any blood upon it?
Captain Duckinfield—I cannot say his sword was bloody at the point; the whole blade and shell was bloody, to the best of my remembrance.
Attorney-General—What sort of a sword was it?
Captain Duckinfield—It was a pretty broad blade, a hollow blade, and a hollow open shell.
Attorney-General—Was there any discourse concerning capt. French?
Captain Duckinfield—Yes, they thought he was very ill wounded.
Attorney-General—Was there any, and what, discourse who should give my lord of Warwick his wound?
Captain Duckinfield—It was said, they believed capt. James gave my lord his wound.
Attorney-General—Pray, was there any blood upon Mr. James's sword, or was he wounded?
Captain Duckinfield—I saw no wound upon capt. James, that I know of.
Lord High Steward—Do you believe that my lord Warwick's sword was bloodied with the hurt of his own hand, or any otherwise?
Captain Duckinfield—I cannot tell; it was a cut shell, and the outside bloody as well as the in.
Lord High Steward—My lord Warwick, will your lordship ask this witness any questions?
Earl of Warwick—No, my lord.
Lord High Steward—Mr. Attorney, if you have any other witness, pray call them.
Another Witness was produced, that belonged to the Ship and Castle in Cornhill.
Attorney-General—This man will give you an account what passed at his house at that time, and between whom; pray, will you tell my lords who was at your house the 30th of October last, and what past there then?Witness—My lord of Warwick, capt. James and capt. Dockwra; and when my lord of Warwick came in I thought my lord was in a very great concern, and called for pen, ink and paper, and I feared there was some quarrel in hand; but they said no, the quarrel was over, and says my lord of Warwick, I am afraid poor Coote is killed.Attorney-General—Did you observe any desire to be private?Witness—No, indeed, I cannot tell that.Attorney-General—How long did they continue there?Witness—About six a-clock my lord of Warwick, and capt. James, and capt. Dockwra, and capt. Duckinfield went away.Attorney-General—Can you tell who went with my lord Warwick?Witness—No, indeed, I cannot tell who went with my lord Warwick; there came in a gentleman in black, whom I knew to be my lord of Warwick's steward, and he came and spoke some words to my lord of Warwick, about a quarter of an hour after they camein, and then they went away, for after that I did not hear any further discourse.Attorney-General—What became of the rest of the company?Witness—They went away; I do not know what became of them, nor whither they went; some of them went in and out of one room into another several times, two or three times, and came out again.Attorney-General—My lord, we have done with the witness.Lord High Steward—My lord Warwick, will you ask him any questions?Earl of Warwick—No, my lord.
Attorney-General—This man will give you an account what passed at his house at that time, and between whom; pray, will you tell my lords who was at your house the 30th of October last, and what past there then?
Witness—My lord of Warwick, capt. James and capt. Dockwra; and when my lord of Warwick came in I thought my lord was in a very great concern, and called for pen, ink and paper, and I feared there was some quarrel in hand; but they said no, the quarrel was over, and says my lord of Warwick, I am afraid poor Coote is killed.
Attorney-General—Did you observe any desire to be private?
Witness—No, indeed, I cannot tell that.
Attorney-General—How long did they continue there?
Witness—About six a-clock my lord of Warwick, and capt. James, and capt. Dockwra, and capt. Duckinfield went away.
Attorney-General—Can you tell who went with my lord Warwick?
Witness—No, indeed, I cannot tell who went with my lord Warwick; there came in a gentleman in black, whom I knew to be my lord of Warwick's steward, and he came and spoke some words to my lord of Warwick, about a quarter of an hour after they camein, and then they went away, for after that I did not hear any further discourse.
Attorney-General—What became of the rest of the company?
Witness—They went away; I do not know what became of them, nor whither they went; some of them went in and out of one room into another several times, two or three times, and came out again.
Attorney-General—My lord, we have done with the witness.
Lord High Steward—My lord Warwick, will you ask him any questions?
Earl of Warwick—No, my lord.
Mr. Salmon, the surgeon who, by the coroner's orders, examined Coote's wounds, was called. There were two wounds: one on the left breast, near the collar-bone, running down four or five inches. He could not guess what sort of a sword made it; the wound was about half an inch broad. There was another wound under the last rib on the left side, an inch broad, six inches deep. They were both mortal. In answer to Lord Warwick, he said that neither could be given by a sword run up to the hilt. He could not say that they must have been given by the same weapon: but they might have been.
Stephen Turner, Coote's servant, identified his master's sword; he believed he fenced with his right hand, but had never seen him fence at all.
Earl of Warwick—I desire he may be asked, whether he has not observed a particular kindness and friendship between his master and me?Turner—Yes, my lord; I have several times waited upon my master, when my lord and he was together, and they were always very civil and kind one to another; and I never heard one word of any unkindness between them.Earl of Warwick—Whether he knows of any quarrel that was between us?Turner—No, I never did.Earl of Warwick—Whether he did not use to lie at my lodgings sometimes?Lord High Steward—You hear my lord's question: what say you? Did your master use to lie at my lord of Warwick's lodgings at any time?Turner—Yes; very often.Attorney-General—Pray call Pomfret again, and let him see the sword.[Then he came in, and two swords were shewn him.]Attorney-General—I desire he may acquaint your lordships what he knows of those two swords.Pomfret—These two swords were brought in by some of the company that came to my master's house; and when they were shewn to captain French in the morning he owned this to be his, and the other to be Mr. Coote's; and he desired that notice might be taken, that his sword was dirty but not bloody; and there was some blood upon the other.Attorney-General—Who brought in Mr. Coote's sword?Pomfret—Indeed I cannot tell.
Earl of Warwick—I desire he may be asked, whether he has not observed a particular kindness and friendship between his master and me?
Turner—Yes, my lord; I have several times waited upon my master, when my lord and he was together, and they were always very civil and kind one to another; and I never heard one word of any unkindness between them.
Earl of Warwick—Whether he knows of any quarrel that was between us?
Turner—No, I never did.
Earl of Warwick—Whether he did not use to lie at my lodgings sometimes?
Lord High Steward—You hear my lord's question: what say you? Did your master use to lie at my lord of Warwick's lodgings at any time?
Turner—Yes; very often.
Attorney-General—Pray call Pomfret again, and let him see the sword.
[Then he came in, and two swords were shewn him.]
Attorney-General—I desire he may acquaint your lordships what he knows of those two swords.
Pomfret—These two swords were brought in by some of the company that came to my master's house; and when they were shewn to captain French in the morning he owned this to be his, and the other to be Mr. Coote's; and he desired that notice might be taken, that his sword was dirty but not bloody; and there was some blood upon the other.
Attorney-General—Who brought in Mr. Coote's sword?
Pomfret—Indeed I cannot tell.
White, the coroner, was called, and said that he had asked Salmon whether the two wounds on Coote's body were given by the same weapon, and he said he could not say.
Attorney-General—We have done with our evidence, until we hear what my lord of Warwick says to it.Lord High Steward—My lord of Warwick, will you ask this witness any questions?Earl of Warwick—No, my lord.Lord High Steward—Make proclamation for silence.Clerk of the Crown—Serjeant at arms, make proclamation.Serjeant-at-Arms—O yes, O yes, O yes! His grace, my lord high steward of England, does strictly charge and command all manner of persons here present to keep silence, upon pain of imprisonment.Lord High Steward—My lord of Warwick, the king's counsel have made an end of giving evidence for the king; now is the proper time for you to enter upon your defence.Earl of Warwick—May it please your grace, and you my noble lords, my peers.I stand here before your lordships, accused of the murder of Mr. Coote, of which I am so innocent, that I came and voluntarily surrendered myself so soon as I heard your lordships might be at leisure to try me; and had sooner done it, but that the king was not then here, nor your lordships sitting, and had no mind to undergo a long confinement; and now I think I might well submit it to your lordships' judgment, even on the evidence that has been offered against me, whether there hath been any thing provedof malice prepense, or my being any actor therein, so as to adjudge me guilty. And I think I may with humble submission to your lordships say, that my innocence appeareth even from several of the witnesses who have been examined against me, which I will not trouble your lordships to repeat, but submit to your memory and observation.But, my lords, the safety of my life does not so much concern me in this case, as the vindication of my honour and reputation from the false reflections to which the prosecutor has endeavoured to expose me; and I shall therefore beg your lordships' patience to give a fair and full account of this matter: in which the duty I owe to your lordships, and to justice in general, and the right I owe to my own cause in particular, do so oblige me, that I will not in the least prevaricate, neither will I conceal or deny any thing that is true.My lords, I must confess I was there when this unfortunate accident happened, which must be a great misfortune in any case, but was more so to me in this, because Mr. Coote was my particular friend; and I did all I could to hinder it, as your lordship may observe by the whole proceedings.It was on the Saturday night when my lord Mohun and I, and several other gentlemen, met at Locket's, where the same company used often to meet; and in some time after several of us had been there, Mr. Coote came unexpectedly, and for some time he and we were very friendly, and in good humour, as we used to be with each other; but then there happened some reflecting expressions from Mr. Coote to Mr. French, who thereupon called for the reckoning; and it being paid, we left the upper room, and Iproposed to send three bottles of wine to my own lodging, and to carry him thither to prevent the quarrel. But while the company stopped to call for a glass of ale at the bar below, Mr. Coote (whose unfortunate humour was sometimes to be quarrelsome) did again provoke Mr. French to such degree, that they there drew their swords; but we then prevented them of doing any mischief: then Mr. Coote still insisting to quarrel further with Mr. French, my lord Mohun and I proposed to send for the guards to prevent them: but they had got chairs to go towards Leicester-fields; and my lord Mohun and I, as friends to Mr. Coote, and intending to prevent any hurt to him, did follow him in two other chairs; and as he was going up St. Martin's-lane, stopped him, and I extremely there pressed him to return and be friends with Mr. French, or at least defer it, for that the night was very dark and wet; and while we were so persuading of him, Mr. French in one chair, and Mr. James and Mr. Dockwra in two other chairs past by us (which we guessed to be them), on which Mr. Coote made his chairmen take him up again, and because the chairmen would not follow Mr. French faster, threatened to prick him behind; and when we were gone to Green-street and got out of our chairs, Mr. Coote offered half a guinea to be changed to pay for all our three chairs, but they not having change, he desired lord Mohun to pay the three shillings, which he did. And in a few minutes after, Mr. Coote and Mr. French engaged in the fields, whither I went for the assistance and in defence of Mr. Coote, and received a very ill wound in my right hand; and there this fatal accident befel Mr. Coote from Mr.French whom Mr. Coote had dangerously wounded, and I must account it a great unhappiness to us all who were there: but so far was I from encouraging of it, that I will prove to your lordships that I did my utmost endeavours to prevent it; so far from any design upon him, that I exposed my own life to save his; so far from prepense malice, that I will, by many witnesses of good quality and credit, prove to your lordships a constant good and uninterrupted friendship from the first of our acquaintance to the time of his death; which will appear by many instances of my frequent company and correspondence with him, often lending him money, and paying his reckonings; and about two months before his death lent him an hundred guineas towards buying him an ensign's place in the guards, and often, and even two nights before this, he lodged with me, and that very night I paid his reckoning. And when I have proved these things, and answered what has been said about the sword and what other objections they have made, I doubt not but that I shall be acquitted to the entire satisfaction of your lordships, and all the world that hear it.Before I go upon my evidence, I will crave leave further to observe to your lordships, that at the Old Bailey, when I was absent, Mr. French, James, and Dockwra, have been all tried on the same indictment now before your lordships; and it was then opened and attempted, as now it is, to prove it upon me also; and by most of them the same witnesses who have now appeared; and they were thereupon convicted only of manslaughter, which could not have been, if I had been guilty of murder. And on that trial it plainly appeared that Mr. French was the personwith whom he quarrelled, and who killed him. And now I will call my witnesses.Lord High Steward—Will your lordship please to go on to call your witnesses, for the proof of what you have said; that is the method, and then you are to make such observations as you please.Earl of Warwick—My first witness is capt. Keeting, who was with me at Locket's, but went away before capt. Coote or any of them came; and he will tell you I was with him a while.[Then captain Keeting stood up.]Lord High Steward—Capt. Keeting, you are not upon your oath, because the law will not allow it. In cases of this nature the witnesses for the prisoner are not to be upon oath; but you are to consider that you speak in God's presence, who does require the truth should be testified in all causes before courts of judicature; and their lordships do expect, that in what evidence you give here, you should speak with the same regard to truth as if you were upon oath; you hear to what it is my lord of Warwick desires to have you examined, what say you to it?Captain Keeting—My lord, I will tell your lordship all the matter I know of it. I met with my lord of Warwick that evening at Tom's Coffee-house, and we continued there till about eight at night; I went away to see for a gentleman that owed me money, and afterwards I went to Locket's; and while I was there, the drawer came up and told me, my lord of Warwick desired to speak with me; and when he came up into the room, he said he was to meet with my lord Mohun there, and capt. Coote, and he asked me if I knew where capt. French and capt. James were; I told him I dined with capt. Coote at Shuttleworth's; and in a while after, capt. Coote came in, and about an hour and an half, I think, I continued there, and capt. French came in; capt. Dockwra and we drank together for an hour and an half, and they admired, about ten o'clock that my lord Mohun was not come; and I payed my reckoning, not being very well, and away I went home; Mr. James came in just before I went away; but there was no quarrelling, nor any thing like it before I went away.Earl of Warwick—My lord, I desire he may be asked, Whether we did not usually meet there as friends, especially capt. Coote and I?Captain Keeting—Captain Coote and my lord of Warwick used to be almost every day together at that place.Earl of Warwick—Pray, did he ever know or observe any difference or quarrel between capt. Coote and me?Captain Keeting—No, my lord, I never saw any thing but the greatest friendship between my lord of Warwick and captain Coote that could be; I was with them, and saw them together almost every day.Lord High Steward—Have you any thing further to examine this witness to?Earl of Warwick—No, my lord, I have no further question to ask him.Lord High Steward—Who is your next witness, my lord?Earl of Warwick—My lord, I suppose I shall not need to trouble you to examine the chairmen over again; your lordships have heard what they can say: I desire colonel Stanhope may be called.[Who it seems stood by the Chair of State, and it was some while before he could get round to come to the place the witnesses were to stand.]Lord High Steward—While this witness gets round, if your lordship has any other witness ready to stand up, pray let him be called.Earl of Warwick—To prove the kindness between capt. Coote and me, I desire col. Blisset may be called. [Who stood up.]Lord High Steward—What is it your lordship asks this witness or calls him to?Earl of Warwick—To testify what he knows of any kindness or unkindness between capt. Coote and me; whether he has not been often in our company?Lord High Steward—Have you been often in company with my lord of Warwick and capt. Coote?Colonel Blisset—Yes, my lord, I was very well acquainted with both of them for a twelve-month past before this accident and I have often been in their company, and always observed that there was a great deal of friendship and kindness between them.Earl of Warwick—My lord, I desire he may tell any particular instance that he knows or can remember.Colonel Blisset—I remember when capt. Coote had his commission in the regiment of guards, he was complaining of the streightness of his circumstances; he was to pay for his commission 400 guineas, and said he had but 300 for to pay for it: and my lord of Warwick did then say to him, do not trouble yourself about that, or let not that disturb you, for I will take care you shall have 100 guineas, and he said he would give order to his steward to pay him so much; and I was told afterwards that he did so.Earl of Warwick—I desire he may tell, if he knows of any other particular instances of my friendship to Mr. Coote?Colonel Blisset—Once when he was arrested by his taylor for £13, my lord lent him five guineas, and used very frequently to pay his reckoning for him.Earl of Warwick—I desire he may tell, if he knows any thing else; and whether he has not lain at my lodgings, and particularly but some small time before this accident happened.Colonel Blisset—About ten days before this unhappy accident happened, I was at my lord of Warwick's lodgings, and when I came there I found capt. Coote a-dressing himself; and I asked him how that came to pass, and they told me they had been up late together, and that he had sent home for his man to dress himself there, upon which I did observe that they had been a-rambling together over night; and there was a very great familiarity between them.Earl of Warwick—Did you observe any quarrel between us?Colonel Blisset—No, none at all; I never knew of any quarrel between my lord of Warwick and capt. Coote, but I observed there was a particular kindness between them; and a great deal of friendship I know my lord of Warwick shewed to him, in paying of reckonings for him, and lending him money when he wanted.Earl of Warwick—My lord, I desire he may be asked, whether he does not know that capt. Coote was straitened for money?Colonel Blisset—I did hear capt. Coote say, that he had not received any thing from his father for 13 months, and his father was angry with him, and would not send him any supply, because he would notconsent to cut off the entail, and settle two or three hundred pounds upon a whore he had.Attorney-General—Pray, Sir, will you consider with yourself, and though you are not upon your oath, answer the questions truly, for you are obliged to speak the truth, though you are not sworn, whenever you come to give your testimony in a court of judicature; pray, acquaint my noble lords here, whether you did never hear my lord Warwick complain of capt. Coote?Colonel Blisset—No, I never did hear him complain of him.Attorney-General—Did you never hear the least word of any quarrel between them?Colonel Blisset—No, indeed, I did never hear of any quarrel between them.Attorney-General—Did you never hear of any unkindness at all?Colonel Blisset—No, indeed, my lord, not I: I never so much as heard of the least unkindness whatsoever.Lord High Steward—Well then, my lord, who do you call next?Earl of Warwick—Now colonel Stanhope is here, I desire he may be asked the same question, whether he does not know the particular friendship that was between capt. Coote and me, and what instances he can give of it?Lord High Steward—You are to consider, Sir, though you are not upon your oath you are in a great court, and under no less restriction to testify the truth, and nothing but the truth: You hear what my noble lord asks you.Colonel Stanhope—My lord, I have known mylord of Warwick and capt Coote for about a twelve-month, and I did perceive that they did always profess a great kindness for one another.Earl of Warwick—I desire to know of him, whether he observed any particular friendship between capt. Coote and me, much about the time of this business?Colonel Stanhope—About eight or ten days before this unhappy accident, I went to wait upon my lord of Warwick twice at his lodgings: Once I found capt. Coote there, one of them was in bed, and the other was dressing of himself; I thought they were very good friends that were so familiar, and I had good reason to think so, because of that familiarity: Both the times that I was there, when I found them together, was within eight days before the accident happened.Earl of Warwick—The next witness I shall call will be Mr. Disney.Attorney-General—But before colonel Stanhope goes, I desire to ask him this question, whether he did never hear or know of any unkindness between my lord of Warwick and capt. Coote?Colonel Stanhope—No, indeed I did not; I always thought them to be very good friends.Lord High Steward—Will your lordship go on to your next witness?Earl of Warwick—Yes, my lord, there he is, Mr. Disney; I desire he may be asked what he knows of any expressions of kindness and friendship between me and capt. Coote.
Attorney-General—We have done with our evidence, until we hear what my lord of Warwick says to it.
Lord High Steward—My lord of Warwick, will you ask this witness any questions?
Earl of Warwick—No, my lord.
Lord High Steward—Make proclamation for silence.
Clerk of the Crown—Serjeant at arms, make proclamation.
Serjeant-at-Arms—O yes, O yes, O yes! His grace, my lord high steward of England, does strictly charge and command all manner of persons here present to keep silence, upon pain of imprisonment.
Lord High Steward—My lord of Warwick, the king's counsel have made an end of giving evidence for the king; now is the proper time for you to enter upon your defence.
Earl of Warwick—May it please your grace, and you my noble lords, my peers.
I stand here before your lordships, accused of the murder of Mr. Coote, of which I am so innocent, that I came and voluntarily surrendered myself so soon as I heard your lordships might be at leisure to try me; and had sooner done it, but that the king was not then here, nor your lordships sitting, and had no mind to undergo a long confinement; and now I think I might well submit it to your lordships' judgment, even on the evidence that has been offered against me, whether there hath been any thing provedof malice prepense, or my being any actor therein, so as to adjudge me guilty. And I think I may with humble submission to your lordships say, that my innocence appeareth even from several of the witnesses who have been examined against me, which I will not trouble your lordships to repeat, but submit to your memory and observation.
But, my lords, the safety of my life does not so much concern me in this case, as the vindication of my honour and reputation from the false reflections to which the prosecutor has endeavoured to expose me; and I shall therefore beg your lordships' patience to give a fair and full account of this matter: in which the duty I owe to your lordships, and to justice in general, and the right I owe to my own cause in particular, do so oblige me, that I will not in the least prevaricate, neither will I conceal or deny any thing that is true.
My lords, I must confess I was there when this unfortunate accident happened, which must be a great misfortune in any case, but was more so to me in this, because Mr. Coote was my particular friend; and I did all I could to hinder it, as your lordship may observe by the whole proceedings.
It was on the Saturday night when my lord Mohun and I, and several other gentlemen, met at Locket's, where the same company used often to meet; and in some time after several of us had been there, Mr. Coote came unexpectedly, and for some time he and we were very friendly, and in good humour, as we used to be with each other; but then there happened some reflecting expressions from Mr. Coote to Mr. French, who thereupon called for the reckoning; and it being paid, we left the upper room, and Iproposed to send three bottles of wine to my own lodging, and to carry him thither to prevent the quarrel. But while the company stopped to call for a glass of ale at the bar below, Mr. Coote (whose unfortunate humour was sometimes to be quarrelsome) did again provoke Mr. French to such degree, that they there drew their swords; but we then prevented them of doing any mischief: then Mr. Coote still insisting to quarrel further with Mr. French, my lord Mohun and I proposed to send for the guards to prevent them: but they had got chairs to go towards Leicester-fields; and my lord Mohun and I, as friends to Mr. Coote, and intending to prevent any hurt to him, did follow him in two other chairs; and as he was going up St. Martin's-lane, stopped him, and I extremely there pressed him to return and be friends with Mr. French, or at least defer it, for that the night was very dark and wet; and while we were so persuading of him, Mr. French in one chair, and Mr. James and Mr. Dockwra in two other chairs past by us (which we guessed to be them), on which Mr. Coote made his chairmen take him up again, and because the chairmen would not follow Mr. French faster, threatened to prick him behind; and when we were gone to Green-street and got out of our chairs, Mr. Coote offered half a guinea to be changed to pay for all our three chairs, but they not having change, he desired lord Mohun to pay the three shillings, which he did. And in a few minutes after, Mr. Coote and Mr. French engaged in the fields, whither I went for the assistance and in defence of Mr. Coote, and received a very ill wound in my right hand; and there this fatal accident befel Mr. Coote from Mr.French whom Mr. Coote had dangerously wounded, and I must account it a great unhappiness to us all who were there: but so far was I from encouraging of it, that I will prove to your lordships that I did my utmost endeavours to prevent it; so far from any design upon him, that I exposed my own life to save his; so far from prepense malice, that I will, by many witnesses of good quality and credit, prove to your lordships a constant good and uninterrupted friendship from the first of our acquaintance to the time of his death; which will appear by many instances of my frequent company and correspondence with him, often lending him money, and paying his reckonings; and about two months before his death lent him an hundred guineas towards buying him an ensign's place in the guards, and often, and even two nights before this, he lodged with me, and that very night I paid his reckoning. And when I have proved these things, and answered what has been said about the sword and what other objections they have made, I doubt not but that I shall be acquitted to the entire satisfaction of your lordships, and all the world that hear it.
Before I go upon my evidence, I will crave leave further to observe to your lordships, that at the Old Bailey, when I was absent, Mr. French, James, and Dockwra, have been all tried on the same indictment now before your lordships; and it was then opened and attempted, as now it is, to prove it upon me also; and by most of them the same witnesses who have now appeared; and they were thereupon convicted only of manslaughter, which could not have been, if I had been guilty of murder. And on that trial it plainly appeared that Mr. French was the personwith whom he quarrelled, and who killed him. And now I will call my witnesses.
Lord High Steward—Will your lordship please to go on to call your witnesses, for the proof of what you have said; that is the method, and then you are to make such observations as you please.
Earl of Warwick—My first witness is capt. Keeting, who was with me at Locket's, but went away before capt. Coote or any of them came; and he will tell you I was with him a while.
[Then captain Keeting stood up.]
Lord High Steward—Capt. Keeting, you are not upon your oath, because the law will not allow it. In cases of this nature the witnesses for the prisoner are not to be upon oath; but you are to consider that you speak in God's presence, who does require the truth should be testified in all causes before courts of judicature; and their lordships do expect, that in what evidence you give here, you should speak with the same regard to truth as if you were upon oath; you hear to what it is my lord of Warwick desires to have you examined, what say you to it?
Captain Keeting—My lord, I will tell your lordship all the matter I know of it. I met with my lord of Warwick that evening at Tom's Coffee-house, and we continued there till about eight at night; I went away to see for a gentleman that owed me money, and afterwards I went to Locket's; and while I was there, the drawer came up and told me, my lord of Warwick desired to speak with me; and when he came up into the room, he said he was to meet with my lord Mohun there, and capt. Coote, and he asked me if I knew where capt. French and capt. James were; I told him I dined with capt. Coote at Shuttleworth's; and in a while after, capt. Coote came in, and about an hour and an half, I think, I continued there, and capt. French came in; capt. Dockwra and we drank together for an hour and an half, and they admired, about ten o'clock that my lord Mohun was not come; and I payed my reckoning, not being very well, and away I went home; Mr. James came in just before I went away; but there was no quarrelling, nor any thing like it before I went away.
Earl of Warwick—My lord, I desire he may be asked, Whether we did not usually meet there as friends, especially capt. Coote and I?
Captain Keeting—Captain Coote and my lord of Warwick used to be almost every day together at that place.
Earl of Warwick—Pray, did he ever know or observe any difference or quarrel between capt. Coote and me?
Captain Keeting—No, my lord, I never saw any thing but the greatest friendship between my lord of Warwick and captain Coote that could be; I was with them, and saw them together almost every day.
Lord High Steward—Have you any thing further to examine this witness to?
Earl of Warwick—No, my lord, I have no further question to ask him.
Lord High Steward—Who is your next witness, my lord?
Earl of Warwick—My lord, I suppose I shall not need to trouble you to examine the chairmen over again; your lordships have heard what they can say: I desire colonel Stanhope may be called.
[Who it seems stood by the Chair of State, and it was some while before he could get round to come to the place the witnesses were to stand.]
Lord High Steward—While this witness gets round, if your lordship has any other witness ready to stand up, pray let him be called.
Earl of Warwick—To prove the kindness between capt. Coote and me, I desire col. Blisset may be called. [Who stood up.]
Lord High Steward—What is it your lordship asks this witness or calls him to?
Earl of Warwick—To testify what he knows of any kindness or unkindness between capt. Coote and me; whether he has not been often in our company?
Lord High Steward—Have you been often in company with my lord of Warwick and capt. Coote?
Colonel Blisset—Yes, my lord, I was very well acquainted with both of them for a twelve-month past before this accident and I have often been in their company, and always observed that there was a great deal of friendship and kindness between them.
Earl of Warwick—My lord, I desire he may tell any particular instance that he knows or can remember.
Colonel Blisset—I remember when capt. Coote had his commission in the regiment of guards, he was complaining of the streightness of his circumstances; he was to pay for his commission 400 guineas, and said he had but 300 for to pay for it: and my lord of Warwick did then say to him, do not trouble yourself about that, or let not that disturb you, for I will take care you shall have 100 guineas, and he said he would give order to his steward to pay him so much; and I was told afterwards that he did so.
Earl of Warwick—I desire he may tell, if he knows of any other particular instances of my friendship to Mr. Coote?
Colonel Blisset—Once when he was arrested by his taylor for £13, my lord lent him five guineas, and used very frequently to pay his reckoning for him.
Earl of Warwick—I desire he may tell, if he knows any thing else; and whether he has not lain at my lodgings, and particularly but some small time before this accident happened.
Colonel Blisset—About ten days before this unhappy accident happened, I was at my lord of Warwick's lodgings, and when I came there I found capt. Coote a-dressing himself; and I asked him how that came to pass, and they told me they had been up late together, and that he had sent home for his man to dress himself there, upon which I did observe that they had been a-rambling together over night; and there was a very great familiarity between them.
Earl of Warwick—Did you observe any quarrel between us?
Colonel Blisset—No, none at all; I never knew of any quarrel between my lord of Warwick and capt. Coote, but I observed there was a particular kindness between them; and a great deal of friendship I know my lord of Warwick shewed to him, in paying of reckonings for him, and lending him money when he wanted.
Earl of Warwick—My lord, I desire he may be asked, whether he does not know that capt. Coote was straitened for money?
Colonel Blisset—I did hear capt. Coote say, that he had not received any thing from his father for 13 months, and his father was angry with him, and would not send him any supply, because he would notconsent to cut off the entail, and settle two or three hundred pounds upon a whore he had.
Attorney-General—Pray, Sir, will you consider with yourself, and though you are not upon your oath, answer the questions truly, for you are obliged to speak the truth, though you are not sworn, whenever you come to give your testimony in a court of judicature; pray, acquaint my noble lords here, whether you did never hear my lord Warwick complain of capt. Coote?
Colonel Blisset—No, I never did hear him complain of him.
Attorney-General—Did you never hear the least word of any quarrel between them?
Colonel Blisset—No, indeed, I did never hear of any quarrel between them.
Attorney-General—Did you never hear of any unkindness at all?
Colonel Blisset—No, indeed, my lord, not I: I never so much as heard of the least unkindness whatsoever.
Lord High Steward—Well then, my lord, who do you call next?
Earl of Warwick—Now colonel Stanhope is here, I desire he may be asked the same question, whether he does not know the particular friendship that was between capt. Coote and me, and what instances he can give of it?
Lord High Steward—You are to consider, Sir, though you are not upon your oath you are in a great court, and under no less restriction to testify the truth, and nothing but the truth: You hear what my noble lord asks you.
Colonel Stanhope—My lord, I have known mylord of Warwick and capt Coote for about a twelve-month, and I did perceive that they did always profess a great kindness for one another.
Earl of Warwick—I desire to know of him, whether he observed any particular friendship between capt. Coote and me, much about the time of this business?
Colonel Stanhope—About eight or ten days before this unhappy accident, I went to wait upon my lord of Warwick twice at his lodgings: Once I found capt. Coote there, one of them was in bed, and the other was dressing of himself; I thought they were very good friends that were so familiar, and I had good reason to think so, because of that familiarity: Both the times that I was there, when I found them together, was within eight days before the accident happened.
Earl of Warwick—The next witness I shall call will be Mr. Disney.
Attorney-General—But before colonel Stanhope goes, I desire to ask him this question, whether he did never hear or know of any unkindness between my lord of Warwick and capt. Coote?
Colonel Stanhope—No, indeed I did not; I always thought them to be very good friends.
Lord High Steward—Will your lordship go on to your next witness?
Earl of Warwick—Yes, my lord, there he is, Mr. Disney; I desire he may be asked what he knows of any expressions of kindness and friendship between me and capt. Coote.
Disneyspoke to Lord Warwick lending Coote 100 guineas towards the price of his commission;he had observed great kindness between the two, and had several times seen Lord Warwick pay Coote's reckoning.
Colonel Whitemanwas then called. He had constantly seen Lord Warwick and Coote together;
they dined together almost every day for half a year's time almost; and as to this time, when this business had happened, I went to my lord of Warwick, being sent for by him, and found him at a private lodging, where he expressed a great deal of concern for the death of his dear friend Mr. Coote; and he shewed me the wound he had received in his hand, and he desired he might be private, and he told me he believed people would make worse of it than it was, because he did not appear; but he did but intend to keep himself out of the way till he could be tried; and I took what care I could to get him a convenience to go to France.Attorney-General—Pray, what reason did he give for his going away?Colonel Whiteman—The king being at that time out of England, and so the parliament not sitting, he said he did not love confinement, and had rather be in France till the parliament should meet, and he might have a fair trial, which he thought he should best have in this House.
they dined together almost every day for half a year's time almost; and as to this time, when this business had happened, I went to my lord of Warwick, being sent for by him, and found him at a private lodging, where he expressed a great deal of concern for the death of his dear friend Mr. Coote; and he shewed me the wound he had received in his hand, and he desired he might be private, and he told me he believed people would make worse of it than it was, because he did not appear; but he did but intend to keep himself out of the way till he could be tried; and I took what care I could to get him a convenience to go to France.
Attorney-General—Pray, what reason did he give for his going away?
Colonel Whiteman—The king being at that time out of England, and so the parliament not sitting, he said he did not love confinement, and had rather be in France till the parliament should meet, and he might have a fair trial, which he thought he should best have in this House.
He had never seen any unkindness or quarrel between them.
Edmund Raymund, Lord Warwick's steward, knew of the loan of 100 guineas by him to Coote, and provided the money paid on that occasion.
Lord Warwick then stated that he wished to call French as a witness, and desired that counsel might be heard on his behalf as to whether he could be guilty of the death of a man on whose side he was fighting equally with those who were fighting on the other side, and who had already been convicted of manslaughter.
After a brief discussion, it was decided that counsel should be heard on the question whether French was a competent witness. The facts were that he had been indicted for murder, and convicted of manslaughter; he claimed the benefit of clergy,[35]which was allowed him; theburning on his hand was respited, and a pardon remitting the burning altogether had been delivered to the Lord High Steward under the Privy Seal, but had not passed the Great Seal.
Lord Warwick had accordingly to maintain that French was a good witness without having been burnt on his hand, or having been pardoned.
TheAttorney-Generalfirst proceeded to argue that an allowance of clergy did not make a felon convict a competent witness.[36]It did not discharge him from his offence, set himrectus in curia, and 'make him in all respects a person fit to have the benefit and privileges of a "probus et legalis homo"' till he had passed through those methods of setting himself right in the eye of the law, that the law had prescribed. The burning in the hand under the statute of HenryVII.was not a punishment; it only showed that the branded person was not to have his clergy again. Purgation was abolished by the statute of Elizabeth, but satisfaction was not made to the law, the convict was not fully discharged from its operation, and his credit was not restored, till he was branded or pardoned. Till then 'the conviction remains upon him,' and he was not capable of being a witness.
The Solicitor-General, Sir John Hawles,[37]followed to the same effect, and, by the order of the CourtPowys[38]was then heard on behalf of the prisoner. He agreed with the Attorney-General that the branding under the statute of HenryVII.was only for the purpose of showing that the branded man has had his clergy once, and was not a punishment; the punishment still remained to be inflicted by the process of purgation. But purgation was abolished after the Reformation by the statute of Elizabeth 'because it was only an outward appearance and shew of purgation, and was often the occasion of very great perjuries.' The Court had power to imprison the convicted man for a year; but that was not any more a punishment and a means of restoring a man to credit than was the branding.[39]
'What we insist on is this, that the allowance of clergy sets him right in court, since purgation is abolished, and is the same thing as if he had undergone the ceremonial parts of a formal purgation'; the prisoner was to have the same benefit of his clergy as purgation would have given him before the statute, and on being allowed his clergy is to be in the same condition as if he had undergone purgation or been pardoned. The respiting of the burning of the hand till the king's pardon could be obtained was not to put him in a worse condition than he would have been in had he been actually burnt. Cases were quoted, one of which was afterwards fairly distinguished, and it was urged that the burning was only a condition precedent to the accused getting out of prison, not to his being restored to his credit.
Serjeant Wrightreplied for the Crown. He admitted that a pardon would restore a convict to credit as a witness, and that an allowance of clergy, followed by a burning of the hand, would have the same effect: now that purgation was abolished, the burning had taken its place; 'that is the very terms of the statute on whichhe is to be discharged; that must actually be done before he can be put into the same condition that he was in before the conviction, and consequently make him capable of being a witness.' One of the cases quoted by Powys was distinguished, and Hale was quoted to support the argument for the Crown.
Lord Chief-Justice Treby[40]was then called on for his opinion, and gave it that French was not a competent witness. He had not yet actually been pardoned, for pardons were not operative till they had passed the Great Seal. By his conviction he had forfeited his liberty, his power of purchasing chattels or holding land, and his credit.
These losses formerly might be restored by purgation; but purgation was now replaced by burning in the hand. The imprisonment under the statute was not a necessary condition to a restoration of credit, because it was 'a collateral and a new thing'; the party was notimprisoned 'by virtue of his conviction, but by a fresh express order of the judges, made upon the heinousness of the circumstances appearing on the evidence. They may, and generally do, forbear to commit at all; and when they do, it may be for a month or two, at their discretion.' In any case the burning was a condition precedent to a restoration to credit. 'To me the law is evident. A peer shall have this benefit without either clergy or burning. A clerk in orders, upon clergy alone, without burning. A lay-clerk, not without both.'
Lord Chief-Baron Ward[41]andNevill, J.,[42]expressed themselves as of the same opinion; and it was decided that French should not be admitted as a witness.
It was then suggested that counsel should be heard on the point whether, supposing that Lord Warwick had been on Coote's side in the fight, he was guilty of his death; but it was decided that as there was still a question whether the facts were as alleged this could not be done.
Lord Warwick was then invited to sum up his evidence, 'which is your own work, as not being allowed counsel as to matter of fact,' and to make any observations he liked. He preferred, however, to say nothing.
The Solicitor-Generalthen proceeded to sum up for the Crown, and since he could not be heard by some lords at the upper end of the house, theDuke of Leedsmoved either that 'any person that has a stronger voice should sum up the evidence,' or that 'you will dispense with the orders of the house so far, as that Mr. Solicitor may come to the clerk's table, or some other place within the house, where he may be heard by all.'The Earl of Rochesteropposed the second alternative on the ground that 'in point of precedent many inconveniences' would occur were such a course adopted.
The Earl of Bridgewatersuggested that the difficulty might be met by sending the guard to clear the passages about the court, which was accordingly done, apparently with success.
The Solicitor-Generalthen continued his summing up the evidence; his only original commenton the case being that as there was no evidence as to whose hand it was by which Coote was wounded, 'until that can be known, every person that was there must remain under the imputation of the same guilt, as having a hand, and contributing to his death.'