Chapter III: Part 3

CAWTHORNE--Yes.

ATTORNEY-GENERAL--What did you observe pass in the company
while they were there?

CAWTHORNE--I did not observe any thing of quarrel, not so much
as an angry word amongst them, till they came down to the bar
and were going away; when they came down to the bar they
ordered me to call them chairs, or coaches; and there were no
coaches to be had, and so I went for chairs, and two chairs
came; for the porter that went to call the coaches was a great
while before he came back; and, as I said, I going for chairs,
there came two; but that they said was not enough; so more
chairs were called for, and at length there were more chairs
gotten; in the first three chairs, my lord of Warwick, my lord
Mohun, and captain Coote went away in; and my lord Warwick and
my lord Mohun bid the chairmen carry them home.

ATTORNEY-GENERAL--Were there then any other chairs at the door?

CAWTHORNE--There were two more chairs at the door, and another
was called for.

ATTORNEY-GENERAL--Did you hear any directions given where they
should carry them?

CAWTHORNE--My lord Warwick and my lord Mohun bid them carry
them home.

ATTORNEY-GENERAL--Did you hear my lord Warwick or my lord Mohun
particularly, and which, say whither they would be carried?

CAWTHORNE--I did hear my lord Mohun say, captain Coote should
go and lie with him, or he would go and lie with capt. Coote
that night, for there should be no quarrelling.

ATTORNEY-GENERAL--Did they upon that go away?

CAWTHORNE--Mr. French and Mr. Coote were in chairs before my
lord Mohun or my lord Warwick, or any of the rest.

ATTORNEY-GENERAL--What then happened upon their going into the
chairs?

CAWTHORNE--My lord Mohun came out to them and swore there
should be no quarrel that night, but he would send for the
guards and secure them.

ATTORNEY-GENERAL--What happened then?

CAWTHORNE--Upon that, both of them came out of their chairs and
came into the house, and there they came to the bar three of
them in the passage by the bar, and three of them behind that
passage.

ATTORNEY-GENERAL--Pray, will you tell what did really pass
throughout the whole transaction? What was done after they came
in again into the house?

CAWTHORNE--After that, I was bid to call for six chairs, if I
could get no coaches, and so I did; and when I had brought what
chairs I could get, and returned to the bar I heard the swords
clash; when the swords were drawn I cannot say, nor by whom, it
might be by all the six, for aught I know, because I was in the
street to call the chairs, and when I came back to the house, I
was in hopes all had been quieted, for their swords were
putting up: and when they went away in the chairs, I did hope
they went away friendly.

ATTORNEY-GENERAL--Pray, how did they go away? who went
together?

CAWTHORNE--My lord of Warwick, my lord Mohun, and captain
Coote went in the first three chairs, them three together, and
bid the chairmen go home; the sixth chair was not then come.

ATTORNEY-GENERAL--When that chair came, pray what directions
were given to it?

CAWTHORNE--I did not hear them give the chairmen any directions
at all.

ATTORNEY-GENERAL--Do you know any thing more that was done
after this time?

CAWTHORNE--No, my lord, not after they went away; after I
returned with the chairs, it was in two minutes' time that they
went away.

ATTORNEY-GENERAL--My lords, I suppose he knows no more of the
matter.

LORD HIGH STEWARD--Will you then ask him no more questions, Mr.
Attorney?

ATTORNEY-GENERAL--No, my lords, unless this noble lord shall
ask him any questions, upon which we shall have occasion to
examine him.

LORD HIGH STEWARD--My lord, has your lordship any questions to
ask this witness? For now is your time, the king's counsel
having done examining him.

EARL OF WARWICK--I desire to ask him, whether I did not bid the
chairmen go home?

LORD HIGH STEWARD--If your lordship please to propose your
question to me, I will require an answer to it from the
witness, and it will be the better heard by my lords.

EARL OF WARWICK--My lord, I desire to know of this man,
whether, when I went away in the chair from his master's house
I did not bid the chairmen go home?

LORD HIGH STEWARD--Witness, you hear my lord's question, what
say you to it?

CAWTHORNE--Yes; my lord of Warwick did bid the chairmen go
home.

EARL OF WARWICK--My lord, I have another question to ask him.
Whether he knows of any quarrel there was between me and Mr.
Coote at that time, or any other time; because we both used to
frequent that house?

CAWTHORNE--No, my lords, I never heard any angry words between
my lord Warwick and Mr. Coote in my life.

[Then the lords towards the upper end of the House complaining
that they did not hear his Grace, the Lord High Steward was
pleased to repeat the question thus:]

LORD HIGH STEWARD--When my lord of Warwick bid the chairmen go
home, or at any other time, did you observe that there had been
any quarrel between his lordship and Mr. Coote?

EARL OF WARWICK--My lord, I desire he may be asked, since we
both used that house, Whether that night, when I went away, or
before or after, I had any quarrel with Mr. Coote?

LORD HIGH STEWARD--The question my lord desires you, that are
the witness, to answer, is, Whether you did hear any
quarrelling or angry words to pass between my lord Warwick and
Mr. Coote that night before or after they came down, or when
they went away, or at any other time?

CAWTHORNE--No, my lord, I never heard any angry words pass
between them then, nor ever at any time before in all my life,
but I always looked upon them to be very good friends.

EARL OF WARWICK--I desire he may be asked, Whether Mr. Coote
did not come to that house in my company, and whether he did
not frequently come to that house?

CAWTHORNE--Yes; they used to be there every day almost, and
they came that night together in company.

EARL OF WARWICK--I desire he may be asked, whether I have not
been frequently in his company there?

CAWTHORNE--Yes; I say very frequently, every day almost,
sometimes twice a-day.

LORD HIGH STEWARD--Would your lordship ask him any other
question?

EARL OF WARWICK--My lord, I desire he may be asked this
question, whether he knows of any particular kindness between
Mr. Coote and me?

LORD HIGH STEWARD--Do you know of any particular kindness
between my lord Warwick and Mr. Coote, the gentleman that was
killed?

CAWTHORNE--Yes, my lord, there was always a great kindness
between them, as I observed: it ever was so, and I never heard
angry words pass between them, but they were very good friends
constantly; I waited upon them generally when they were at my
master's house, which was every day almost.

EARL OF WARWICK--I desire to know of this witness, whether he
does not remember, or can name, some particular kindnesses that
passed between Mr. Coote and me?

LORD HIGH STEWARD--Can you specify any particular instances of
kindness that passed between my lord Warwick and Mr. Coote?

CAWTHORNE--Yes; my lord of Warwick used generally to pay the
reckoning for Mr. Coote, and he did so at this time.

EARL OF WARWICK--My lord, I desire he may be asked, between
whom he apprehended the quarrel to be at this time?

LORD HIGH STEWARD--You say, friend, there were swords drawn and
a quarrelling at the bar; can you tell between whom the quarrel
was?

CAWTHORNE--My lord Warwick, my lord Mohun, and capt. Coote,
were all on one side, and the other three were on the other
side.

EARL OF WARWICK--Who were the two persons that it was
apprehended the quarrel was between? I desire he may be asked.

LORD HIGH STEWARD--You say, there were three on the one side,
and three on the other; pray, between whom did you apprehend
the quarrel to be?

CAWTHORNE--I believe the quarrel was between Mr. Coote and Mr.
French.

EARL OF WARWICK--My lord, I desire to know of this witness,
what words he heard Mr. Coote say after he and Mr. French
returned into the house and came out of the chairs.

LORD HIGH STEWARD--What do you say to the question my lord
proposes?

CAWTHORNE--I heard Mr. Coote say, he would laugh when he
pleased, and he would frown when he pleased, God damn him.

EARL OF WARWICK--My lord, I desire to know, who he thinks those
words were addressed to?

LORD HIGH STEWARD--To whom did Mr. Coote speak these words?

CAWTHORNE--Whether he spoke them particularly to Mr. French or
to the other two gentlemen who were on the other side of the
bar, I cannot directly tell.

EARL OF WARWICK--I desire to know of him, whether Mr. Coote was
not one of the three that was on the outside of the bar?

CAWTHORNE--Yes, my lord of Warwick, my lord Mohun, and capt.
Coote, were of the outside of the bar.

EARL OF WARWICK--Was capt. Coote with me in the beginning of
the night at that house?

CAWTHORNE--Yes, he came at the beginning of the night with my
lord of Warwick.

EARL OF PETERBOROUGH--My lords, I desire to ask this witness
one question.

LORD HIGH STEWARD--I think it is proper, my lords, in point of
method, to let both sides have done before any questions be
asked by any of my noble lords.

EARL OF PETERBOROUGH--I did apprehend my lord of Warwick had
done.

LORD HIGH STEWARD--No, my lord, not as yet; pray, my lord of
Warwick, what other questions has your lordship to ask of this
witness?

EARL OF WARWICK--My lord, I desire he may be asked particularly
this question, whether he perceived any quarrel particularly
between me and capt. Coote when we went out of the house?

LORD HIGH STEWARD--You hear the question, did you perceive any
quarrel between my lord Warwick and Mr. Coote before they went
out of the house?

CAWTHORNE--No, I did not; nor ever saw any quarrel between them
in my life.

EARL OF WARWICK--I desire to know who paid the reckoning that
night?

CAWTHORNE--The reckoning was called for before I came in to
take it; and though I think my lord of Warwick paid for Mr.
Coote, yet I cannot so directly tell, because it was collected
before I came into the room to receive it.

LORD HIGH STEWARD--My lord, have you any thing more to ask this
witness?

EARL OF WARWICK--No, my lord, at present, that I think of.

LORD HIGH STEWARD--My lord Peterborough, your lordship desired
to ask a question, will you please to propose it now?

The Earl of Peterborough reminded the witness that he had said that there were two sides, and that Coote and Lord Warwick were on the same side. He asked what Cawthorne meant by this, and he explained that all six had their swords drawn; that Mohun, Warwick, and Coote were on one side of the bar, and the three captains, James, French, and Dockwra on the other: the cause of quarrel must have occurred above stairs, but he heard nothing pass between them.

LORD HIGH STEWARD--But you have not given a satisfactory answer
to that question which the noble lord, my lord Peterborough,
asked you, What reason you had to apprehend that the noble lord
the prisoner at the bar, and capt. Coote were of a side?

CAWTHORNE--My lord Mohun came to the chairside, when capt.
Coote and capt. French were got into the two first chairs, and
told capt. Coote, that there should be no quarrel that night
but that they three, my lord Warwick, my lord Mohun, and he,
should go home together; and I took them three to be of a side,
because they were on the outside of the bar together; and when
they all went away, their three chairs went away first, all
three together.

LORD HIGH STEWARD--Is that all the reason you can give why you
say, they were three and three of a side?

CAWTHORNE--Yes, my lord, I did apprehend it so.

ATTORNEY-GENERAL--If my noble lords have done with their
questions I desire to ask this witness another question; my
lords, I think this person says, that there was a quarrel at
the bar of the house, and swords drawn, and as he apprehended,
three were on the one side, and three on the other; but if I
take him right, I do not see that he has given your lordships
any manner of satisfaction, what reason he had to apprehend
there were three and three of a side; or, which will be very
material in this case, if your lordships can get to the
knowledge of it, which three were on the one side, and which
three were on the other; or indeed, whether there were three
and three of a side, as your lordships will have reason
by-and-bye to enquire a little further into that matter. My
lords, I desire he may be asked this plain question, What words
or other passages he did perceive, that made him apprehend
there was a quarrel between them, and they were three and three
of a side?

CAWTHORNE--I apprehended it from the words that Mr. Coote said,
That he would laugh when he pleased, and frown when he pleased.

ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked, who
those words were spoken to, and who they were applied to?

CAWTHORNE--They were spoke to Mr. James, Mr. French, and Mr.
Dockwra, who were within side of the bar.

ATTORNEY-GENERAL--Did he apply those words to all those
particular persons?

CAWTHORNE--Yes, as I thought, for they three were within the
bar; my lord Warwick, my lord Mohun, and Mr. Coote, were
without the bar.

ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked this
question. Was that before the swords were drawn, or afterwards?

CAWTHORNE--It was before.

ATTORNEY-GENERAL--Then I desire he may be asked, whether the
swords were drawn upon those words?

CAWTHORNE--No, my lord; the time of drawing the swords was when
I went out to call chairs and coaches; and I know not who drew
the swords first, or when they were drawn; but when I came back
I found them all drawn, and I heard them clashing.

ATTORNEY-GENERAL--Upon the oath you have taken, was those words
that you speak of Mr. Coote's that he would laugh when he
pleased, and frown when he pleased, before the swords were
drawn, or after the swords were drawn?

CAWTHORNE--Before the swords were drawn; for I did not see the
swords drawn till I came back.

In answer to Lord Wharton, the witness said that Mohun and Warwick had threatened to send for a file of musketeers, and Mohun had done all he could to pacify the quarrellers, and he 'particularly had his finger pricked with endeavouring to cross their swords, and keeping them from fighting; which was all he got from it.' His hand was bloody; but the witness did not see him hurt, as he was outside at the time. He received their reckoning just before they came down to the bar and stayed there two or three minutes afterwards. It was after Coote came out of his chair that he heard him speak the words he had deposed to; no reply was made to them. Mohun, Warwick, and James had all tried to stop the quarrel and threatened to send for the guard; this was before the swords were drawn downstairs.

ATTORNEY-GENERAL--Pray, my lord, let him be asked this
question, Was it after they were three on the one side, and
three on the other, that my lord Mohun and my lord Warwick
spoke those words?

CAWTHORNE--I apprehend the words were spoke by Mr. Coote, That
he would laugh when he pleased, and frown when he pleased,
before the swords were drawn.

LORD HIGH STEWARD--But that which my lords desire to know is,
What the time was when my lord Warwick and my lord Mohun
declared their desire to part them and make them friends;
whether before or after the swords drawn?

CAWTHORNE--Before and after; for I was absent when the swords
were drawn.

EARL RIVERS--He says, that after my lord Mohun and my lord
Warwick threatened to send for the musqueteers, they promised
to be quiet. I desire to know who he means by they?

CAWTHORNE--Mr. James called to me, and said, I need not go and
call for the guards, for the quarrel was over. There is one
thing more that I forgot, my lord: After my lord Mohun and my
lord Warwick were gone away in their chairs, and Mr. Coote, I
heard Mr. Dockwra say to capt. James and capt. French, they did
not care a farthing for them, they would fight them at any
time.

LORD HIGH STEWARD--Who were together then?

CAWTHORNE--Capt. James, Mr. French, and Mr. Dockwra, after my
lord Mohun and my lord Warwick were gone with capt. Coote.

LORD HIGH STEWARD--Then Mr. French was with them? Mr. Dockwra
said so?

CAWTHORNE--Yes, my lord.

LORD WHARTON--If I apprehend him aright, as to what he says
now, my lord of Warwick, my lord Mohun, and capt. Coote, were
gone away at that time.

CAWTHORNE--Yes, they were gone away in the three first chairs,
which my lord Mohun bid go home.

LORD WHARTON--Who does he say spoke those words?

LORD HIGH STEWARD--You hear my noble lord's question, who spoke
those words? Repeat them again.

CAWTHORNE--When my lord Warwick, my lord Mohun, and capt.
Coote, were gone, I heard Mr. Dockwra say to Mr. French and Mr.
James, We don't care a farthing for them, we will fight them at
any time.

ATTORNEY-GENERAL--I desire to know, whether this witness
testified any thing of this matter when he was examined before
the coroner?

CAWTHORNE--No; I forgot those words when I was examined before
the coroner.

ATTORNEY-GENERAL--How soon after your examination did you
recollect yourself as to what you now speak?

CAWTHORNE--The next day after.

He had not mentioned the words he now said were spoken by Dockwra either at the inquest or at the trial at the Old Bailey.

_Thomas Browne was sworn._

LORD HIGH STEWARD--What question do you ask this witness, Mr.
Attorney?

ATTORNEY-GENERAL--That he would acquaint your lordships,
whether he carried Mr. Richard Coote, the person that was
slain, upon the 29th or 30th of October, from the Greyhound
tavern in the Strand, and to what place he carried him?

LORD HIGH STEWARD--You hear the question; pray speak so loud
that my lords may all hear what you say.

BROWNE--My Lords, I was between the hours of one and two in the
morning, on Sunday the 30th of October last, with my fellows
and our chair, at the Buffler's Head Tavern at Charing-cross,
and I heard some people at Locket's, at the Greyhound in the
Strand, calling coach coach, a pretty while; but there were no
coaches in the street, nor that came to them; when they could
not get coaches then they called out for chairs; and we coming
to the door with our chair, there were four other chairs there,
and six gentlemen stood in the passage; and then it was said,
there was not chairs enough, and there wanted one more, and
they stood discoursing; and the first man came into my chair,
who was capt. Coote, and my lord of Warwick he got into
another; When the door of the chair was shut up, we asked
whither we should go; but my lord Mohun came and bid open the
chair again; and we did so, and he returned into the house, and
there was some discourse between them standing at the bar in
the entry. Mr. Coote came out again and came into my chair, and
my lord Mohun and my lord of Warwick went into two others; Mr.
Coote bid me carry him into Leicester fields, and to make all
the haste I could; my lord of Warwick and my lord Mohun being
in the next chairs, asked him, Whither are you a-going, and
called out twice, and he said, To Leicester fields; pray do
not, says my lord of Warwick, but come along with us, and let
it alone till to-morrow; but he bid us go on; and as we were
turning up St. Martin's Lane, by the Cross Keys tavern, my lord
Mohun, and my lord Warwick called out to us to stop, and their
chairs came up to the back door of the Cross Keys tavern, and
there all the three chairs were set on a-breast in St. Martin's
Lane, and while they were talking together, there came by three
chairs on the other side of the way; and Mr. Coote bid us take
up and make all the haste we could to get before them into
Leicester fields, so taking up the chair again, Mr. Coote bid
us make haste, and if we could go no faster, he swore, damn
him, he would run his sword in one of our bodies: There were
two chairs before me, and my lord Mohun and my lord Warwick
followed in two chairs after me; and when we came to the corner
of Leicester fields, at Green street end, all the three chairs
were set down a-breast again, and Mr. Coote put his hand in his
pocket, and took out half a guinea to pay, and said he had no
silver; and my lord of Warwick spoke to my lord Mohun, who
took out three shillings out of his pocket, who said, there was
for my lord Warwick, captain Coote, and himself; and when they
were gone out, I took my box and my pipe, and filled my pipe,
and took the lanthorn and lighted it, and by that time I had
lighted my pipe, I heard a calling out, Chair, chair, again,
towards the upper end of the square; so I took my chair, and
there was one of the chairs that was not gone; and so we came
up to the upper end of the fields, and they called to us to
bring the chairs over the rails; we told them we did not know
how to do that, for we should not be able to get them back
again; at last we did get over the rails, and made up close to
the place where we heard the noise, for we could see nothing,
it being a very dark night; and when we came up close to them,
by our lanthorn there were two gentlemen holding up Mr. Coote
under their arms, and crying out, My dear Coote, My dear Coote!

ATTORNEY-GENERAL--Pray, who were those two gentlemen?

BROWNE--I did not know them, one was in red cloaths, and the
other had gold lace, and they would have had me have taken Mr.
Coote into my chair; but seeing him bloody, and not able to
help himself, I said I would not spoil my chair, and so would
not meddle with him; but they said they would make me any
satisfaction for my chair, and desired me to take him in; but
he gave himself a spring from them, and we found he was too
heavy for us to lift over the rails, and all we could do could
not make him sit in the chair, but the chair was broken with
endeavouring to place him there; and they said if we would
carry him to a surgeon's, they would give us L100 security;
but we finding it impossible, the watch was called for, but
nobody would come near, for they said it was out of their ward,
and so they would not come anigh me; and I staid about half an
hour with my chair broken, and afterwards I was laid hold upon,
both I and my partner, and we were kept till next night eleven
a-clock; and that is all the satisfaction that I have had for
my chair and every thing.

ATTORNEY-GENERAL--Pray, my lord, I desire he may recollect
himself; for we do apprehend it is very material, who it was
that desired to take Mr. Coote into the chair.

BROWNE--I cannot tell who they were, it was so very dark I
could only see their cloaths.

ATTORNEY-GENERAL--Did you see the earl of Warwick there?

BROWNE--No, Sir, he was not there; one of them, I tell you, had
officers' cloaths on, red lined with blue, and the other had
gold lace on; there was nobody there that held him up but them
two.

MARQUIS OF NORMANBY--He says he saw two persons holding up Mr.
Coote; it would be very well to have that matter very well
settled, who those two persons were; I desire to know how he is
sure my lord of Warwick was not one of them two?

BROWNE--I know my lord of Warwick very well, and I am sure he
was neither of the two.

DUKE OF LEEDS--I would know what light he had to discern it so
well by, that he can be sure my lord of Warwick was not there;
for he says it was a very dark night, and yet he describes the
particular persons that held Mr. Coote up.

BROWNE--Yes, my lord, I am sure my lord of Warwick was none of
them.

DUKE OF LEEDS--How could you distinguish in so dark a night,
the colours of people's cloaths?

BROWNE--With the candle that I had lighted in my lanthorn.

DUKE OF LEEDS--He could not know any of the persons unless he
held a lanthorn to their faces, or knew them very well before.

LORD HIGH STEWARD--My lord Warwick, will your lordship ask this
witness any questions?

EARL OF WARWICK--My lord, I desire he may be asked, Whether I
did not bid him stop at St. Martin's-lane end, and do all that
I could to hinder Mr. Coote from going any further, but to go
home?

BROWNE--The earl of Warwick, and my lord Mohun, as they turned
up the lane, asked Mr. Coote, whither he was going? And when he
said to Leicester-fields, they desired him to let it alone till
to-morrow; and my lord Mohun said he should go home with him;
but the other bid us go on, and said he would not go to his
lodgings, but that they would make an end of it that night;
still they called to him again, Dear Coote, let us speak a word
with you; and as the chairs came to the back-door of the
Cross-keys tavern, there they stood all of a breast, and they
both of them spoke to him, and stood a pretty while there, and
in the mean time three chairs passed by on the other side; he
commanded us to take up, and carry him away to Leicester-fields
immediately, and overtake the other chairs, or he would run one
of us into the body.

LORD HIGH STEWARD--Would your lordship ask him any more
questions?

EARL OF WARWICK--No, my lord.

ATTORNEY-GENERAL--My lord, I observe, he says they discoursed
some time together while they stopped in St. Martin's-lane; I
desire that he may be asked, Whether he can tell what that
discourse was?

BROWNE--I could not well hear, they whispered together, but I
could hear my lord Mohun, and my lord of Warwick, desire capt.
Coote to go home, and let the business alone till another time.

ATTORNEY-GENERAL--I desire he may explain himself, what that
business was that they would have put off till to-morrow.

BROWNE--I know not what it was; I heard of no anger betwixt
them, but they were as good friends, for anything I know to the
contrary, as ever they were in their lives or as ever I see any
men.

ATTORNEY-GENERAL--Our next witness is William Crippes. [Who was
sworn.]

LORD HIGH STEWARD--What do you ask this man, Mr. Attorney?

ATTORNEY-GENERAL--Pray, will you give my lords here an account
who you carried to Leicester-fields, the 29th or 30th of
October, and what happened in your knowledge at that time?

CRIPPES--Captain Coote was the first man that went into the
chair when we came to the Greyhound tavern; afterwards he came
out again, and when we took him up the second time, he was the
first man that set out; and he bid us carry him to
Leicester-fields; and when we came to the corner of St.
Martin's-lane, we turned up that way; and my lord of Warwick,
and my lord Mohun, called to us, being in chairs behind, to
know whither we were going, and desired to speak with captain
Coote; and he said he was going to Leicester-fields; and when
they asked, what to do? He said, to end the business: they
desired him to put it off till to-morrow; and while they were
discoursing about it in St. Martin's-lane, there passed by
other three chairs, which, when captain Coote saw, he bid us
take up and overtake them, and go faster, or he would run one
of us into the body: so we went on, and at the lower end of
Leicester-fields we set him down; and the other two gentlemen,
my lord Warwick and my lord Mohun, were there set down, and
went lovingly together, for any thing that I saw, up the
pavement of the square, towards the upper end; and in a little
time we heard a noise of calling for chairs towards the upper
end, and when we came there with the chair, we were bid to lift
over the chair within the rails; and when we said it was hard
to be done, they insisted upon it, and we did come in; and when
we came there we saw two gentlemen holding up captain Coote,
and would have had us taken him into the chair; we saw there
was a great deal of blood, but I never heard how it came, and
they would have had us carried him to a French surgeon's, and
proffered any money.

ATTORNEY-GENERAL--My lord, I desire to know, who they were that
desired him to be carried to the surgeon?

LORD HIGH STEWARD--You hear the question, what say you?

CRIPPES--I cannot tell, my lord; one of them had something of
lace upon him, but it was so dark that I could hardly see my
hand, and therefore I cannot tell who they were; and when there
was an objection made, that the chairs would be spoiled, they
said we need not question our chair, they would give us L100
security to answer any damages, if we would but carry him; so
we endeavoured to put him into the chair, but could not; and
so we called out to the watch, to have had some help; but they
said it was none of their ward, and so they would not come to
us; so the gentlemen went away, and we left them, and went and
called a surgeon, who, when he came, said, he was a dead man,
and we were secured till the next day.

ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked, Were
there not other chairs in that place at the time?

CRIPPES--There was one in the Field besides, and no more that I
could see; they all went away but us two.

ATTORNEY-GENERAL--What distance of time was there between their
setting down in Leicester-fields, and their calling the chairs
again?

CRIPPES--Not a quarter of an hour.

ATTORNEY-GENERAL--What became of the three chairs that passed
by you in St. Martin's-lane?

CRIPPES--They got before us; but what became of them afterwards
I cannot tell.

ATTORNEY-GENERAL--Did they come from the same place, the tavern
in the Strand that you were at?

CRIPPES--Yes, I believe they did, my lord; for capt Coote bid
us follow them, and threatened us if we did not make greater
haste.

ATTORNEY--GENERAL--Do you know my lord of Warwick?

CRIPPES--Yes, he had whitish cloaths on; and none but he had
such clothes on as those were.

LORD HIGH STEWARD--Will your lordship ask this witness any
questions?

EARL OF WARWICK--My lord, I desire he may be asked, Whether I
did not bid him stop? and, whether I did not say, they should
not go to quarrel that night?

ATTORNEY-GENERAL--My lord, I desire to know of him, directly
and downright, Whether my lord of Warwick was not one of them
that held him when he was within the rails of the fields?

CRIPPES--No, he was not; he was neither of them; for the one of
them was too big for him, and the other was too little for my
lord Mohun.

ATTORNEY-GENERAL--Now we call the chairman that carried the
earl of Warwick into Leicester-fields, James Crattle.

(He was sworn.)

ATTORNEY-GENERAL--Will you tell my lords what you know of any
person that you carried the 29th or 30th of October last, from
the Greyhound tavern in the Strand, and who it was, and whither
you carried him?

CRATTLE--I was going along Charing-cross, between one and two
in the morning, the 30th of October, last, and I heard a chair
called for at Locket's at the Dog tavern; and thither I and my
partner went, and we took up the gentleman, and carried him to
Leicester-fields.

ATTORNEY-GENERAL--Who was that gentleman?

CRATTLE--It was my lord of Warwick.

ATTORNEY-GENERAL--What time of night do you say it was?

CRATTLE--It was about one or two in the morning.

ATTORNEY-GENERAL--What day of the week was it?

CRATTLE--It was Saturday night and Sunday morning.

ATTORNEY-GENERAL--Whither did you carry him?

CRATTLE--Into Green-street, towards the lower end of
Leicester-square.

ATTORNEY-GENERAL--What chairs were there more there?

CRATTLE--There was one that captain Coote was in, and another
that my lord Mohun was in, and we went away all together.

ATTORNEY-GENERAL--Were there no other chairs?

CRATTLE--I did not know who went in the other chairs, but there
were three other chairs that passed by us at St Martin's-lane,
and we followed after them to Leicester-fields.

ATTORNEY-GENERAL--Pray what became of you after you had set
down your fare?

CRATTLE--We were discharged and paid; the other three went up
towards my lord of Leicester's; but we were coming away, and in
a little time we heard the noise of calling chairs! chairs!
again, and there were two chairs did come up, Thomas Browne's
and ours; my lord of Warwick called our chair, and we took him
into it, and he bid us carry him to the Bagnio in Long-acre;
and when we came there we knocked at the door, and his hand was
bloody, and he asked us if we had any handkerchief to bind up
his hand.

ATTORNEY-GENERAL--Was there any other chairs at the door of the
Bagnio, at the same time when you came there?

CRATTLE--Yes, there was another chair there at the door at the
same time, and we set down both together.

ATTORNEY-GENERAL--Pray whence came that chair?

CRATTLE--Indeed, I do not know.

ATTORNEY-GENERAL--Who were the chairmen that carried that
chair?

CRATTLE--Indeed, my lord Mohun and my lord Warwick were the
only persons that I knew of all the company.

ATTORNEY-GENERAL--What sort of gentleman was the other, that
went out of the other chair into the house?

CRATTLE--He was a pretty tall man; when he was in we went away;
I only can say, I saw my lord of Warwick go into the house.

ATTORNEY-GENERAL--Did you take any notice of any sword that my
lord of Warwick had in his hand at that time?

CRATTLE--No; I cannot say I did take any notice of any sword,
only that there was a handkerchief desired.

ATTORNEY-GENERAL--Pray, did you hear no noise at all in the
field, till you heard chairs called for again?

CRATTLE--No; I cannot say I heard any noise in the field.

ATTORNEY-GENERAL--Did you apprehend there was any fighting?

CRATTLE--No, I knew nothing at all of it; but upon the calling
of chairs again, and my lord Warwick coming along, we took him
in, and he bid us go to the Bagnio, and thither we went.

ATTORNEY-GENERAL--My lord, we have done with this witness.

LORD HIGH STEWARD--My lord Warwick, will you ask this witness
any questions?

EARL OF WARWICK--No, my lord.

_Gibson_, the other chairman who carried the Earl of Warwick, was then called, and gave substantially the same evidence as the last witness.

_Applegate_ carried Lord Mohun to Leicester Fields, and corroborated the account of the journey thither given by the other witnesses.

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.

_Pomfret_ was 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 of Mr. 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 was no 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, between those 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 company talked 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.