Vernon—Mr. Recorder, we must beg leave to ask Mr. Jarrit Smith's opinion, as to Sir John's being a lunatic or not?Smith—I am surprised to hear it said by some of Mr. Goodere's witnesses that sir John Dineley Goodere was mad. I knew him fourteen or fifteen years, and conversed with him both in person and by letter; but never discovered that he was in the least disordered in his senses, I always took him to be a man of sound understanding. On the Sunday before his death, he expressed himself with a great deal of good nature and affection at the sight of his brother.
Vernon—Mr. Recorder, we must beg leave to ask Mr. Jarrit Smith's opinion, as to Sir John's being a lunatic or not?
Smith—I am surprised to hear it said by some of Mr. Goodere's witnesses that sir John Dineley Goodere was mad. I knew him fourteen or fifteen years, and conversed with him both in person and by letter; but never discovered that he was in the least disordered in his senses, I always took him to be a man of sound understanding. On the Sunday before his death, he expressed himself with a great deal of good nature and affection at the sight of his brother.
Shepardproposed to call evidence to show that the place where the ship lay was not in the city and county of Bristol.
The Recordersaid that the evidence that hadbeen given as to the service of writs, proved that the King's Road was within the jurisdiction, and it was admitted that the ship lay within the Road. If, however, the prisoner could show that any part of the Road was, or ever had been esteemed to be, within any other county than the county of the city of Bristol, he would hear him. He then asked Mahony if he had anything to say.
Mahony—I hope your Lordship will consider that I was a poor, pressed servant, and that I was drunk when I made the confession, and I was frightened out of my wits.Mr. Recorder—You say you were drunk when you made the confession; it is possible, that night when you were taken and brought before the magistrates you were in liquor, but it seems your confession was not taken until the next day.
Mahony—I hope your Lordship will consider that I was a poor, pressed servant, and that I was drunk when I made the confession, and I was frightened out of my wits.
Mr. Recorder—You say you were drunk when you made the confession; it is possible, that night when you were taken and brought before the magistrates you were in liquor, but it seems your confession was not taken until the next day.
Vernonthen replied on the whole case; confining himself to pointing out that if Goodere was abetting Mahony in killing Sir John, it made no difference that he was not in the cabin at the time that he was killed.
Shepardreplied, trying to distinguish Goodere's case from those which had been cited by Vernon, and suggesting that Goodere only brought his brother on board the ship in order that he might take proper care of him; but the Recorder stopped him, pointing out that he was going off from the point of law to matter of fact. He said that he should tell the jury that if they believed that Goodere stood at the cabin doorto prevent any persons coming who might prevent the murder, or to encourage those within in the business they were about, they must find him guilty on the indictment. He then recapitulated the facts in some detail, but did not add any comment. He concluded by laying down the law as to whether Goodere was an accessory to what was done, in the sense already indicated, and told the jury that, in such a case as the present, they would be well-advised not to attach much weight to the evidence given as to Goodere's character.
The jury thereupon retired, and after a short space returned, and found both the prisoners Guilty.
The next day Charles White was tried on a separate indictment for the same murder. He pleaded Not Guilty, but was convicted, chiefly on the evidence of Jones the cooper and his wife, and his own confession.
On the next day all three prisoners were brought up, and having nothing to say for themselves were all sentenced to death.
They were all hung at Bristol on the 15th of April, having confessed the fact. 'The body of Mahony is hung in chains near the place where the horrid fact was committed.'
FOOTNOTES:[51]Samuel Goodere (1687-1741) entered the navy in 1705, served through the War of Spanish Succession, but in 1719 was found guilty by a court-martial of having been very much wanting in the performance of his duty in the attack on St. Sebastian in the same year. He was temporarily appointed to another ship for rank in 1733. He was then living with his father, who had quarrelled with John; and apparently John had quarrelled with his wife, who was supported against him by Samuel. The father's will disappointed both sons, and John, having cut off the entail of his estate during his son's life, after his death announced his intention of leaving it to one of the Footes, a cousin of the actor, which probably led to his murder. Samuel left two sons; it seems doubtful whether they succeeded to the baronetcy. The elder died insane. The younger became a poor knight at Windsor, and dropped the name of Goodere. He made himself conspicuous by the oddity of his behaviour. He believed that a small sum of money expended in law-proceedings would realise a fortune, and that that money would be obtained through a wife. He therefore frequented crowded places, and on seeing any woman or girl he did not know would present her respectfully with a printed proposal of marriage. He died in 1809.[52]Sir Michael Foster (1681-1763) entered Exeter College 1705, was called to the Bar in 1713, and practised locally at his native town of Marlborough. He became Recorder of Bristol in 1735, and a puisne judge of the King's Bench in 1745. He enjoyed a great reputation as a master of Crown Law, and was the author of the well-knownDiscourseson that subject.[53]After mentioning certain obsolete rules relating to indictments, Sir James Stephen says:—'I do not think that anything has tended more strongly to bring the law into discredit than the importance attached to such technicalities as these. As far as they went, their tendency was to make the administration of justice a solemn farce. Such scandals do not seem, however, to have been unpopular. Indeed, I have some doubt whether they were not popular, as they did mitigate, though in an irrational, capricious manner, the excessive severity of the old criminal law' (Hist. Crim. Law, vol. i. p. 284).[54]It is curious that Shepard did not take the point that the prisoner was not described as a baronet, which he in fact became on his brother's murder. Till recently such an objection would have been fatal.
[51]Samuel Goodere (1687-1741) entered the navy in 1705, served through the War of Spanish Succession, but in 1719 was found guilty by a court-martial of having been very much wanting in the performance of his duty in the attack on St. Sebastian in the same year. He was temporarily appointed to another ship for rank in 1733. He was then living with his father, who had quarrelled with John; and apparently John had quarrelled with his wife, who was supported against him by Samuel. The father's will disappointed both sons, and John, having cut off the entail of his estate during his son's life, after his death announced his intention of leaving it to one of the Footes, a cousin of the actor, which probably led to his murder. Samuel left two sons; it seems doubtful whether they succeeded to the baronetcy. The elder died insane. The younger became a poor knight at Windsor, and dropped the name of Goodere. He made himself conspicuous by the oddity of his behaviour. He believed that a small sum of money expended in law-proceedings would realise a fortune, and that that money would be obtained through a wife. He therefore frequented crowded places, and on seeing any woman or girl he did not know would present her respectfully with a printed proposal of marriage. He died in 1809.
[51]Samuel Goodere (1687-1741) entered the navy in 1705, served through the War of Spanish Succession, but in 1719 was found guilty by a court-martial of having been very much wanting in the performance of his duty in the attack on St. Sebastian in the same year. He was temporarily appointed to another ship for rank in 1733. He was then living with his father, who had quarrelled with John; and apparently John had quarrelled with his wife, who was supported against him by Samuel. The father's will disappointed both sons, and John, having cut off the entail of his estate during his son's life, after his death announced his intention of leaving it to one of the Footes, a cousin of the actor, which probably led to his murder. Samuel left two sons; it seems doubtful whether they succeeded to the baronetcy. The elder died insane. The younger became a poor knight at Windsor, and dropped the name of Goodere. He made himself conspicuous by the oddity of his behaviour. He believed that a small sum of money expended in law-proceedings would realise a fortune, and that that money would be obtained through a wife. He therefore frequented crowded places, and on seeing any woman or girl he did not know would present her respectfully with a printed proposal of marriage. He died in 1809.
[52]Sir Michael Foster (1681-1763) entered Exeter College 1705, was called to the Bar in 1713, and practised locally at his native town of Marlborough. He became Recorder of Bristol in 1735, and a puisne judge of the King's Bench in 1745. He enjoyed a great reputation as a master of Crown Law, and was the author of the well-knownDiscourseson that subject.
[52]Sir Michael Foster (1681-1763) entered Exeter College 1705, was called to the Bar in 1713, and practised locally at his native town of Marlborough. He became Recorder of Bristol in 1735, and a puisne judge of the King's Bench in 1745. He enjoyed a great reputation as a master of Crown Law, and was the author of the well-knownDiscourseson that subject.
[53]After mentioning certain obsolete rules relating to indictments, Sir James Stephen says:—'I do not think that anything has tended more strongly to bring the law into discredit than the importance attached to such technicalities as these. As far as they went, their tendency was to make the administration of justice a solemn farce. Such scandals do not seem, however, to have been unpopular. Indeed, I have some doubt whether they were not popular, as they did mitigate, though in an irrational, capricious manner, the excessive severity of the old criminal law' (Hist. Crim. Law, vol. i. p. 284).
[53]After mentioning certain obsolete rules relating to indictments, Sir James Stephen says:—'I do not think that anything has tended more strongly to bring the law into discredit than the importance attached to such technicalities as these. As far as they went, their tendency was to make the administration of justice a solemn farce. Such scandals do not seem, however, to have been unpopular. Indeed, I have some doubt whether they were not popular, as they did mitigate, though in an irrational, capricious manner, the excessive severity of the old criminal law' (Hist. Crim. Law, vol. i. p. 284).
[54]It is curious that Shepard did not take the point that the prisoner was not described as a baronet, which he in fact became on his brother's murder. Till recently such an objection would have been fatal.
[54]It is curious that Shepard did not take the point that the prisoner was not described as a baronet, which he in fact became on his brother's murder. Till recently such an objection would have been fatal.
Albemarle, Duke of, takes information in Lord Russell's case, ii.36.
Albert, Archduke, sends embassy to JamesI., i.3;
Cobham's connection with,24.
Aldridge, George, witness against Cowper, how he left the town, ii.170,171.
Aleyn, Sir Thomas, witness against Col. Turner, i.170-180,186,191,192,201.
Amy, Henry, wounds of French and Lord Warwick; arrival at the Bagnio of other duellists; condition of their swords, ii.101.
Anderson, Lord Chief-Justice, i.10.
Andrews, Doctor, i.22.
Anglesey, Lord, gives evidence in favour of Lord Russell, ii.38,39.
Applegate, chairman, witness against Lord Warwick, ii.92-95;
carried Lord Mohun to Leicester Fields,92;
carried French to the Bagnio,93;
Mohun tried to stop quarrel,95.
Arabella.SeeStewart, Lady Arabella.
Aremberg, Duke of, ambassador of HenryIV., i.3;
overtures to,3,12,19,29,35,55;
Raleigh's account of,25,47,49,57.
Argyle, Duke of, and Lord Russell's Plot, ii.27.
Armstrong, Sir Thomas, and Lord Russell, ii.8,11,13,47;
and the Rye House Plot,25.
Arundel, Lord, at Raleigh's execution, i.69,71.
Atterbury, a witness in Lord Russell's trial, ii.32.
Axtel, Daniel, regicide, i.129,150;
statement by, as to Hulet,162.
Babington, Dr., witness against Cowper, ii.165.
Barefoot, Mrs., witness for Cowper, ii.214.
Barter, witness against Lady Lisle, i.249,250;
re-examined as to Dunne's statements,256.
Beavor, witness against Peters, i.152,154.
Berry, James, found Sarah Stout drowned, ii.151,153.
Blisset, Col., witness for Lord Warwick, ii.115-117;
Warwick gives Coote 100 guineas,115;
friendship between them,116.
Blunt, Charles, Earl of Devon, i.9.
Bocking, Jane, bewitched, i.214,225.
Bowd, witness for Cowper, as to Sarah Stout's melancholy, ii.239,240.
Bownes, John, regicide, i.129.
Bradshaw, John.SeeCharlesI., i.75-119,76;
discusses authority of Court,80-87;
asks the King to plead,91,92;
declares sentence settled, King to be heard,96,97;
final speech by,103-117.
Brandon, George, the executioner of CharlesI., i.163,165,166.
Bridgman, Sir Orlando.SeeHarrison,Peters, andHulet, i.125,129;
tries Col. Turner,169.
Brook, George, i.4-8,11;
and the 'Bye,'16,30;
Cecil's examination of,28;
pension to,35,36;
and Copley,39;
examination of,40;
book given to,40,41;
and Arabella Stewart,47.
Browne, Sir Thomas, witness against the Suffolk witches, i.227.
Browne, Thomas, chairman, witness against Lord Warwick, ii.82-87;
carried Coote to Leicester Fields,83;
tried to carry Coote to the surgeon,84;
cross-examined,81,87.
Buchanan, David, witness against Goodere, ii.268-272;
Goodere and Mahony at Sir John's cabin,270,271.
Burnet, Dr., gives evidence in favour of Lord Russell, ii.40-44;
accompanies him to the scaffold,54.
Campbell, Sir ——, and Lord Russell's plot, ii.28.
Campian, Edmund, Jesuit, i.47.
Capel, Lord, execution of, i.164.
Carew, advises Raleigh to escape, i.70.
—— John, regicide, i.129.
Carpenter, Dunne's evidence as to, ii.68,81;
witness against Lady Lisle,77.
Castlewood, Lord, duel with Lord Mohun, ii.130-135.
Cavendish, Lord, gives evidence in favour of Lord Russell, ii.42.
Cawthorne, witness against Lord Warwick, ii.68-82;
French and Coote start from Locket's and return,70,71;
quarrel at Locket's,71;
party leave Locket's,71,72;
cross-examination,72-82;
heard no quarrel between Warwick and Coote,73;
quarrel at Locket's,75-82.
Chamberlain, Sir T., witness against Turner, i.189,190,201.
Chandler, Susan, bewitched, i.214;
state of, at the Assizes,214;
evidence as to,226;
recovers on verdict,234.
Charles, Prince of Wales, i.61.
CharlesI., trial of, i.75-119:
assembling of the High Court,76-79;
charge read,79,80;
authority of Court discussed,80-83;
the Court adjourns and re-assembles,83;
King charged, authority of Court discussed, and King refuses to plead,84-87;
Court adjourns and re-assembles,89;
Solicitor-General demands judgment,89-91;
King charged and refuses to plead,91-95;
Court adjourns and re-assembles,95;
sentence agreed on, King to be heard,96,97;
King demands to be heard by Lords and Commons and is refused,97-101;
Bradshaw's speech,103-117;
sentence on the King,118.
CharlesII.and the regicides, i.120-125.
Clement, seaman, witness against Cowper, as to corpses floating, ii.166-168.
Clifford, Lord, witness for Lord Russell, ii.46.
Coatsworth, surgeon, witness against Cowper, ii.158,159,163,164.
Cobham, Lord.SeeRaleigh, i.1-71;
in opposition,2;
overtures to French and Spanish,3;
Raleigh accuses,5;
avows Raleigh's guilt;6;
not a witness,33,37-39,47-49;
takes message to Aremberg,19;
letter to, from Raleigh,21;
Raleigh's instigation of,21,23;
examination of,23,24,40,41;
Raleigh's reply to,25,26;
second examination of,26,27,35,45;
Cecil's examination of,28,29;
Coke's argument as to Raleigh's complicity with,29-33;
Raleigh's confession as to,36;
letter to the lords,55,56;
to Raleigh,56,57.
Cochram, Sir John, and Lord Russell's plot, ii.28,29.
Coke.SeeRaleigh's trial, i.1-71;
opening speech by,13-23;
on Raleigh's connection with Cobham,29-33;
on Cobham's letter,53-56;
final sentence of Raleigh by,65.
Cook, John, solicitor to the Commonwealth, i.79,124,129.
Coote, opening as to, in Lord Warwick's case, ii.65-68;
leaves Locket's first and returns,71;
leaves with Warwick and Lord Mohun,71,72;
no quarrel with Warwick,73,74,76,108,110,114,117,119;
quarrel with French,75;
conversation of, with Warwick and Mohun in St. Martin's Lane,83,86,87;
wounded in Leicester Square,84,88;
death of,89;
killed by French,102;
news of his death,104;
Warwick's account of the death of,111,112;
receives money from Warwick,115,116.
Copley, i.4;
his confession,35,39.
Corriton, prosecutes Lady Lisle, i.241.
Cotton, Sir Robert, King Charles taken to his house, i.89,119,150.
Court, Theodore, witness against Goodere, master of theRuby, ii.264-267,268.
Cowper, Dr. W., witness for Spencer Cowper, ii.197.
—— Spencer, trial of, ii.139-228;
opening of case against,141-146;
at Sarah Stout's house, Walker's evidence,140-148;
Sarah Stout's melancholy,140-151;
the finding of Sarah Stout's body,151-155;
medical evidence for the prosecution,154-162;
evidence as to dead bodies floating,162-169;
how Cowper left Hertford,169,170;
Cowper's defence,183-187;
the finding of the body,187-194;
medical evidence, evidence of Sir Hans Sloane, etc.,194-199;
Sarah Stout's melancholy,199-205;
Sarah Stout and Mr. Marshall,206-208;
letters to Marshall,208-210;
letters to Cowper,210-212;
Cowper's connection with Sarah Stout,212-214;
summing up,224-246;
acquittal and appeal proceedings,227,228.
Cowper, William, witness for Spencer Cowper, ii.212-214.
—— Mrs., evidence of, for Spencer Cowper, as to Sarah Stout's melancholy, ii.201,202.
Cox, Dr. Thomas, witness for Lord Russell, ii.44.
—— William, witness against Hulet, i.164.
Crattle, James, witness against Lord Warwick, ii.90-92;
carried him to Leicester Square,90;
and to the Bagnio,91.
Creed, witness for Lady Lisle, i.262.
Crippes, William, witness against Lord Warwick, ii.87-90;
helped to carry Coote to Leicester Fields,87;
conversation in St. Martin's Lane,87,88;
Coote wounded,88.
Cromwell, Oliver, and Peters, i.142-145,149,150.
Cullender, Rose, trial of, i.211-235;
indictment,213;
bewitched the Pacys,221;223,224;
and the Durents,225;
and Susan Chandler,226;
touches the children in court,229;
bewitches Soam's cart,231;
and Sherringham's beasts,232;
defence of,233;
summing up and verdict as to,234.
Dew, Robert, witness for Cowper, as to finding Sarah Stout's body, ii.188-190.
Dimsdale, John (senior), surgeon, witness against Cowper, ii.160-162.
—— —— surgeon, witness against Cowper, ii.154-156,161.
Dockwra, opening as to, in Lord Warwick's case, ii.165;
arrival at the Bagnio,97;
tried for murder of Coote, and convicted of manslaughter,112.
Doncaster, Lord, at Raleigh's execution, i.69,70.
Duckinfield, Captain Loftus, witness against Lord Warwick, ii.102-107;
interview with Warwick, James, and Dockwra,102;
French killed Coote,102;
Warwick fought with James,103;
duellists to leave London,104;
condition of Warwick's sword,105.
Dunne, James, witness against Lady Lisle, i.242;
examination in chief,242-247;
cross-examination of,247-249;
re-examined as to what he told Lady Lisle,250-255;
re-examined as to arrests at Moyles Court,255-257;
final examination of,258-261.
Duny, Amy, trial of, for witchcraft, i.211-235;
indictment,213;
bewitches William Durent,215,217;
and Elizabeth Durent,217;
and Dorothy Durent,218;
touches Elizabeth Pacy,219;
bewitches Elizabeth Pacy,220-225;
admission by,221;
bewitches Diana Booking,225;
present while a child is touched by another,229;
bewitches geese, a chimney, and a firkin of fish,232,233;
defence by,233;
summing up as to, and verdict,234.
Durent, Ann, bewitched, i.213,225;
state of, at the Assizes,214.
Durent, Elizabeth, bewitched, i.213;
bewitched by Amy Duny,217,218.
—— William, bewitched, i.214;
bewitched by Amy Duny,215.
Esmond, Henry, present at duel between Lord Castlewood and Lord Mohun, ii.130-135.
Essex, Earl of, i.54,59,70,71.
—— —— and Lord Russell, ii.8;
Howard's evidence as to,26,29.
Fairfax, Lady, interrupts CharlesI.'s trial, i.96.
Fane, guides Dunne to Moyles Court, i.246.
Ferguson, and Lord Russell, ii.8,13.
Finch, Sir Heneage, i.127;
prosecutes Russell when Solicitor-General,5;
speech of,47-50.
Fleetwood, George, i.129.
Ford, Sir Richard, sheriff, complaint against, in Turner's trial, i.169;
at Turner's execution,208.
Foster, Sir Richard, tries Goodere, ii.232.
Foster, Sir Robert, i.126.
French, opening as to, in Lord Warwick's case, ii.65-68;