Chapter VIII: Part 8

SMITH--After sir John had repeated several stories of this
sort, he concluded at last (as I told you before), And why, Mr.
Smith, if you ask it of me, I can't refuse. I saw Mr. Goodere
soon after, and told him I had seen sir John and talked with
him, and he was pleased to tell me, that he would see him, and
bid me contrive a convenient place to bring them together. I
told Mr. Goodere about the attempt to set aside the recovery. I
wonder, said Mr. Goodere, he should mention anything of that,
for I can set it aside when I please. I told him, I thought he
could not; for, said I, I have a good opinion on it, and am to
lend a large sum of money on the Worcestershire estate. He
said, I wonder that any body will lend him money on that
estate; I am next in remainder, and they will run a risk of
losing their money, I do assure you; and he cannot borrow a
shilling on it without my consent: but if my brother was
reconciled, then, if we wanted money, we might do it together,
for he cannot secure it alone. He told me, that he should take
it as a great favour, if I could fix a time as soon as I could
to bring them together. Soon after I saw sir John, and he told
me he was very deaf, and was advised to go to Bath, and then
appointed to be with me on Tuesday, the 13th of January last,
in the morning, when he would talk with me about the business
of advancing the money on his estate. After this I saw Mr.
Goodere, and told him that I had seen his brother; that he was
to be with me on Tuesday, the 13th of January last, and desired
him to be in the way, for sir John was always very punctual to
his appointment; and if business or anything happened to
prevent him he always sent me a letter. Mr. Goodere thanked me,
and told me he would be in the way; and on the Tuesday morning
sir John came to me on horseback, just alighted and came into
my office. I asked him to sit down, which he refused, saying
his head was bad; that he must go for Bath, having been advised
to go there for some time, and then he did not doubt but he
should be better. I told sir John, that his brother knew he was
to be in town therefore hoped he would sit down a little, for
that I had promised him to bring them together. He said, I
can't now, but you shall see me again soon, and then I may do
it. I asked him, when shall I see you again, to finish the
business you and I are upon? the writings are ready, name your
own time, the money will be paid. He appointed to be with me on
Monday morning to settle that business; and said, I shall come
to town the Saturday or Sunday before, and when I come I will
let you know it: he then mounted his horse and rid off.
Shortly after (as I was going to the Tolzey) at, or under
Blind-gate, I met Mr. Goodere, and told him I was glad to see
him and that his brother had been in town. He said he had seen
him and thought he looked better than he used to do. I told Mr.
Goodere that his brother had appointed to be with me on Monday
morning next on business, and I expected him to be in town
either the Saturday or Sunday before. I then had many
compliments from Mr. Goodere, and he said, how good it would be
to make up the matter between him and his brother. I heard
nothing of sir John being in town till Sunday the 18th of
January last, in the morning, when he sent me a letter to let
me know that he came to town the night before, and would be
glad to call upon me at any time I would appoint. I sent him
for answer, that I was to dine from home, but would return and
be at home at three o'clock that afternoon. And as I was
passing by, I stopt the coach at captain Goodere's lodgings in
Princes Street. I asked if he was at home? Found him alone, and
then shewed him sir John's letter. He read it, and asked the
time I appointed. I told him three o'clock that afternoon. Said
he, I think my brother writes better than he used to do. I
said, Mr. Goodere, I think it would be best for you to be
accidentally on purpose at that time at my house. No, says he,
I don't think that will be so well, I think it would be better
for you to send for me. I returned to my house, and my servant
told me that sir John had called, and that he would be here
again presently. Whilst my servant was telling this, sir John
came in; I took him by the hand, and asked him how he did? I
thank God, says he, I am something better; and after I have
settled this affair with you, I will go to Bath for some time,
and then, I hope, I shall be better. I said, captain Goodere is
waiting, I beg you will give me leave to send for him; you know
you said you would see him. With all my heart, says sir John, I
know I gave you leave. I then sent down a servant to captain
Goodere's lodgings, to let him know sir John was with me, and
desired him to come up. The servant returned, and said, Here is
captain Goodere; on which I said, sir John, please to give me
leave to introduce your brother. He gave me leave: captain
Goodere came in, went directly and kissed him as heartily as
ever I had seen any two persons who had real affection one for
the other. I desired them to sit down. Sir John sat on one side
of the fire, and captain Goodere on the other, and I sate
between them. I called for a table and a bottle of wine, and
filling a full glass, I said, sir John, give me leave to drink
love and friendship. Ay, with all my heart, says sir John; I
don't drink wine, nothing but water; notwithstanding, I wish
love and friendship. Captain Goodere filled a bumper, and
pledged it, spoke to his brother, and drank love and friendship
with his brother's health. We sate some time, all seemed well,
and I thought I could have reconciled them. The cork lying out
of the bottle, captain Goodere takes up the cork in his hand,
put it into the mouth of the bottle and struck it in very hard.
I then said, though sir John will not drink wine, you and I
will. No, says captain Goodere, I will drink water too, if I
drink any more; and there was no more drank. After they had
talked several things (particularly captain Goodere of the
pleasantness of the situation of the estate in Herefordshire
and goodness of the land) in a very pleasant and friendly way,
sir John rose up, and said, Mr. Smith, what time would you have
me be with you to-morrow morning? I appointed nine o'clock. He
said, Brother, I wish you well; then said to me, I will be with
you half an hour before. Sir John went down the steps; the
captain was following; I stopt him, and said, Pray don't go,
captain, let you and I drink a glass of wine. No more now, I
thank you, sir, said he. I think, said I, I have done great
things for you. He paused a little and said, By God, it will
not do; and in a very short time the captain went very nimbly
down the steps. I followed him to the door, and observed him to
go after sir John down the hill; and before he turned the
churchyard wall, to be out of my sight, I observed some sailors
come out of the White Hart ale-house, within view of my door,
and they ran up to captain Goodere. I heard him say, Is he
ready? (I thought he meant the boat), they said, Yes. He bid
them make haste. Then they ran very fast towards the
lower-green, one of them having a bottle in his hand; captain
Goodere went very fast down the hill, and had it not been by
mere accident I should have followed him (but some people think
it was well I did not), for I promised my wife to return to the
house where we dined in Queen's-square, where I went soon
after.

MR. RECORDER--Mr. Smith, did they all go toward the lower
green?

SMITH--No, Sir; but some towards the butts on St. Augustine's
back. Sir John went that way, and captain Goodere followed him;
but the men who came out of the ale-house went toward the lower
green some of them. About 5 o'clock in the evening, as I was
riding up the hill towards the College-green I observed a
soldier looked hard at me into the coach, as if he had
something to say, and seemed to be in a confusion. I walked
into the court, the soldier with me, and then he said, I am
informed, Sir, your name is Mr. Jarrit Smith. Yes, says I, it
is. (What I am now going to say, Mr. Recorder, is what the
soldier told me.) He told me, that as he was drinking with a
friend at the King's Head ale-house at the Lime-kilns, he heard
a noise, and ran out to see what was the matter, when he saw a
person dressed (as he described) like sir John's dress.

VERNON--Pray, Sir, how was sir John dressed?

SMITH--Sir John was dressed in black clothes, he had a ruffled
shirt on, a scarlet cloak, a black velvet cap (for the sake of
keeping his ears warm) and a broad-brimmed hat flapping. He
described this exactly, and told me likewise, that the captain
of the man-of-war and his crew had got the person into custody,
and by force had put him on board the man-of-war's barge or
boat lying near the Slip, by the King's Head; that the
gentleman cried out, For God's sake if you have any pity or
compassion upon an unfortunate man, go to Mr. Jarrit Smith, and
tell him how I am used: and that the captain hearing him cry
out, stopt his mouth with his hand.

MR. RECORDER--What did the soldier desire of you?

SMITH--The soldier desired me to enquire into it, for that he
did not know the intention of taking off a gentleman in that
way.

MR. RECORDER--Did you do any thing on that request of the
soldier?

SMITH--Yes, Sir; it immediately occurred to me, that sir John,
when he left my house, told me that he was going to his
lodgings. I went to his lodgings (which was at one Mr. Berrow's
near the mint), I there asked for him, and related the story I
had heard; they told me they had not seen him since he went to
my house.

VERNON--Mr. Smith, Sir, will you inform us by what name the
unfortunate gentleman (you are speaking of) was commonly
called?

SMITH--Sir John Dineley Goodere; his mother was a Dineley, and
there came a great estate from her side to him, which
occasioned his being called by the name of Dineley.

VERNON--When sir John went from your house on Tuesday, was he
alone, or had he any attendants with him?

SMITH--Sir John was well guarded; he had pistols, and I think
his servant had pistols also.

VERNON--I think you told us but now, that sir John was to be
with you on Sunday; pray, when did you let Mr. Goodere know it,
Sir?

SMITH--I met captain Goodere that very day at Blind-gate, and
told him of it; and he said, he had met his brother himself.

VERNON--Pray, Sir, did Mr. Goodere tell you, to whom the estate
would go on sir John's death?

SMITH--Yes, he has often said he was the next remainder man,
and that the estate would come to himself on his brother's
death.

MR. RECORDER--Well, Mr. Goodere, you have heard what Mr. Smith
hath said, have you any questions to ask him?

MR. SHEPARD--Mr. Recorder, what I have to ask of you, with
submission, in behalf of Mr. Goodere, is, that you will indulge
counsel to put his questions for him to the Court, and that
the Court will then be pleased to put them for him to the
witnesses. It is every day's practice at the courts of
Westminster, Old Bailey, and in the Circuit.

_Vernon_ replied that the matter was entirely in the discretion of the Court, and that Shepard could ask for nothing as a matter of right.

The judges, I apprehend, act as they see fit on these
occasions, and few of them (as far as I have observed) walk by
one and the same rule in this particular; some have gone so far
as to give leave for counsel to examine and cross-examine
witnesses, others have bid counsel propose their questions to
the court; and others again have directed that the prisoner
should ask his own questions; the method of practice in this
point is very variable and uncertain; but this we certainly
know, that by the settled rule of law the prisoner is allowed
no other counsel but the court in matters of fact, and ought
either to ask his own questions of the witnesses, or else
propose them himself to the Court.

He then asked Jarrit Smith one more question, to which he replied.

VERNON--Sir, I think you were present when Mr. Goodere was
brought to Bristol after his brother's being killed; I'd be
glad to know whether you then heard him say anything, and what,
concerning this foul business?

SMITH--I was present when Mr. Goodere was brought to Bristol
after this murder happened, when he was asked (before the
justices) about the seizing, detaining and murdering sir John
Dineley; and he then directly answered that he did not know
that his brother was murdered or dead. He was then asked in
relation to the manner of seizing him, and carrying him away;
he said he knew nothing of it till he came to the boat, and
when he came there he saw his brother in the boat; but he did
not know that his brother had been used at that rate.

SHEPARD--Mr. Smith, Sir, you are speaking about sir John; by
what name did you commonly call him?

SMITH--Sir John Dineley Goodere.

THE RECORDER--Mr. Goodere, have you any questions to ask Mr.
Smith?

GOODERE--Yes, Sir. Mr. Smith, I ask you what sir John Dineley's
business was with you, and how much money were you to advance?

SMITH--Five thousand pounds, Sir; and I told him that I was
satisfied that it was a good title.

GOODERE--I ask you if you knew him to be a knight and a
baronet?

SMITH--I can't tell; I never saw the letters patent.

GOODERE--Can't you tell how you styled him in the writings?

_Vernon_ objected to this, because baronetage must be derived from letters-patent, and therefore could not be properly proved by Mr. Smith's personal knowledge; and added that it was not material, because the indictment alleged that the person murdered was Sir John Dineley Goodere, and the prosecution would prove that he usually went by that name.

To this _Shepard_ answered that if the person killed was a baronet, and was not so described, there was a misdescription, and the prisoners could not be convicted on that indictment.

_Vernon_ then argued at some length that the necessity of setting out a personal description in an indictment applied only to the defendant, and that all that the law required in the description of the person on whom the offence was committed was a convenient certainty; and that a description by the Christian and surname sufficed. Besides, this was all begging the question, for as it did not appear in proof that the deceased was a baronet, he might, for all that appeared judicially, have been christened Sir John.

Had we called the deceased in the indictment sir John Dineley
Goodere baronet, then, Sir, we should probably have been told
that we had failed in proof of the identity of the person, for
that the baronetage was in its creation annexed to, and made a
concomitant on, the patentee's name of Goodere, and waited only
on that name; and that the deceased, considered as a baronet,
was not of the maternal name of Dineley, and so upon the matter
no such person as sir John Dineley Goodere baronet ever existed
_in rerum natura_.[53]

_Shepard_ pointed out that they could not be expected to produce letters-patent to show that the deceased was a baronet, because the prisoner had not been allowed to see, or to have a copy of his indictment; and that it was only on hearing it read that the defence became aware that the deceased was not described as a baronet. He therefore hoped that Goodere might be allowed to ask the question he proposed of Mr. Smith, who having been familiar with Sir John, and seen all his papers and title-deeds, must know the certainty of his title and degree.

_The Recorder_ held that it was sufficient if the deceased was described by his Christian and surname; and that the question proposed to the witness was improper, for that it was not material whether the deceased was a baronet or not.[54]

_Morris Hobbs_ was the landlord of the White Hart. He could see Mr. Jarrit Smith's house from his windows; and had seen the prisoners before.

VERNON--I would not lead you in your evidence, but would be
glad you'd give an account to Mr. Recorder, and the jury,
whether Mr. Goodere (the gentleman at the bar) applied to you
about coming to your house; if so, pray tell us when it was,
and upon what occasion?

HOBBS--The 12th of January (which was on Monday) captain
Goodere and Mahony came to my house; captain Goodere asked my
wife, Have you good ale here? She said, Yes; he also asked,
What place have you over-head? I answered, A closet, a place
where gentlemen usually sit to look out. Will you please to let
me see it, says he? Yes, Sir, said I. I went up to shew it, he
and Mahony went up; the captain said it was a very fine
prospect of the town; he asked for a pint of ale, I drawed it,
and he gave it to Mahony, he drank it: and then the captain
asked my wife, whether he might have a dish of coffee made
to-morrow morning? Sir, said she, it is a thing I don't make
use of in my way; but, if you please, I will get it for you.
Then he told her, he would be there to-morrow morning by about
nine o'clock. Mahony was by then.

VERNON--Did you hear this discourse pass between your wife and
Mr. Goodere?

HOBBS--Yes, I did, and then the captain paid for his pint of
ale, and went away; and the next morning (being Tuesday the
13th of January) he came again to my house before my wife was
up, and I was making the fire (for I keep no servant). I did
not know him again, I thought he was another man; says he,
Landlord, can't you open them windows in the parlour? I told
him, I would, and so I did; he looked out, and I thought that
he had been looking for somebody coming from College prayers.
He asked where my wife was? Says I, she is a-bed: because, said
he, I talked with her about having some coffee for breakfast. I
told him, she should come down presently, but I had much rather
he would go down to the coffee-house, where he would have it in
order. No, says he, I will have it here. My wife came down, he
asked if he might go upstairs where he was before; he went up,
and by and by Mahony and three men more came in; I did not know
Mahony's name; when they came in, the captain was above stairs;
he directed me to make his men eat and drink whatever they
would, and he would pay for it; I brought them bread and
cheese, they eat what they pleased; Mahony went backwards and
forwards, up stairs and down several times; he went out, but
where, or what for, I did not know.

VERNON--Did Mahony, when he went up stairs, go in to Mr.
Goodere?

HOBBS--Yes, several times; Mahony put the coffee, and some
bread and butter, and made the toast, and did everything for
the captain, I thought he had been his footman. When the
captain had breakfasted, and had made the men welcome, he
shifted himself (some porter brought fresh clothes to him). By
and by a man rid along, who, I believe, was sir John Goodere's
man, with pistols before him; I heard somebody say that it was
his man: and soon after the captain had shifted himself, Mahony
went out about a quarter of an hour, and came back sweating,
and went up to the captain; and I looking out of the window saw
the man on horseback, and leading another horse (which I took
to be his master's) and by and by sir John mounted, and rid
down between my house and the church; and I had some glimpse
of him, and heard the captain say, Look well at him, but don't
touch him.

THE RECORDER--This you heard the gentleman above stairs say to
the four men below?

HOBBS--Yes, Sir, he spoke these words to the four who came in.

VERNON--Did sir John and his man appear to have any arms?

HOBBS--Yes, Sir, they had both pistols before them.

VERNON--Those men that were along with Mahony, do you know what
ship they belonged to?

HOBBS--There was a young man, I believe something of an
officer, came to my wife, and asked her, Is the captain of the
man-of-war here? She answered that she did not know; but there
was a gentleman above, and there were six other men besides in
the other room in another company, which I did not know
belonged to the captain, until he ordered six pints of ale for
them. The captain ordered entertainment for ten men.

VERNON--Where were those six men?

HOBBS--In the kitchen; they did not belong to the man-of-war,
nor were not in company with the other four.

VERNON--Now, will you proceed to give an account what followed
upon Mr. Goodere's saying, Look well at him, but don't touch
him.

HOBBS--As soon as sir John went down the hill, this Mahony
stept up to the captain and came down again, and he and the
other three in his company went down the hill, and the captain
followed them; the clothes which the captain pulled off were
left in the room; when the captain was going out at the door
with his sword and cloak, I thought I was pretty safe of my
reckoning, because of his clothes being left. The captain said
at the door, Landlady, I will come back and pay you presently.

VERNON--How long was it before Mr. Goodere returned to your
house?

HOBBS--He came again in about a quarter of an hour: When he
came again, he went upstairs, changed a guinea, he asked what
was to pay? I told him four shillings and one penny half-penny,
and then went away. About an hour and a half after Mahony and
the other came again, sweating, and said they had been a mile
or two out in the country. Mahony asked credit for a tankard of
ale, and said his master would come up on Saturday following,
and then he would pay for it: Well, said I, if he is to come up
on Saturday, I will not stand for a tankard of ale; but if he
don't come, how shall I have my reckoning? Says Mahony, I live
at the Scotch arms in Marsh-street. Well, said I, I will not
deny drawing you a tankard of ale, if you never pay me. Said
he, You had best get the room ready against Saturday, and make
a fire, and just dust it.

VERNON--Pray, when Mr. Goodere went away from your house was he
in the same dress as when he came that day?

HOBBS--No, Sir. When he came there he had a light-coloured
coat, and he looked like a country farmer at his first coming
in; but when he was out, he had a scarlet cloak on, wore a
sword, and had a cane in his hand; a porter brought him the
things.

VERNON--Do you know any thing of what happened on the Sunday
following?

HOBBS--Yes, Sir; the Sunday morning Mahony came to my house,
having trousers, a short jacket and leather cap on, asked for a
quart of ale, this was Sunday: My wife said, Don't draw any
more upon tick. Mahony gave a sixpence and paid for it, and
said, See that the room be clear, the captain will be up in the
afternoon, and then he will be here; And as he was going out of
the house, he said to me, If you fortune to see that gentleman
go up with the black cap before that time, do you send a porter
to me to the Scotch arms. I told him I had no porter, and could
not send. About 3 o'clock in the afternoon when he came again
with a person who had a scalled face, and one or two more, a
man who lodged in the house came and told me, that they wanted
to go up stairs; but I would not let them, because it was in
service-time. They all went into the parlour, and had a quart
of ale, and when that was drunk, Mahony called for another; and
then eight or nine men more came and called for ale, and went
into the parlour, but still kept looking out; and one of them
being a little fellow, I don't know his name, kept slamming the
door together, ready to break the house down. Says I, Don't
break my house down about my ears, don't think you are in
Marsh-street; then the little fellow came up as if he was going
to strike me, as I was coming up out of the cellar with a
dobbin of ale in my hand, for a gentleman going to the college;
I saw this gentleman (pointing to the prisoner Samuel Goodere)
and the deceased walk down the hill, I looked after them, and
so did Mahony; and then all those men rushed out, and followed
them. Mahony paid the reckoning, and went away: I ran in to see
after my tankard for I was more afraid of losing that than the
reckoning. And that is all I do know from the beginning to the
end.

VERNON--How long did he continue at your house on the Sunday?

HOBBS--I believe, Sir, an hour and a half; and there was some
or other of them still looking out and waiting at the door.

THE RECORDER--You say that Mahony desired you that if you saw
the gentleman in the black cap go by, to send a porter; who did
you apprehend that gentleman to be?

HOBBS--The gentleman that rode down the Tuesday.

ONE OF THE JURY--To what place were you to send the porter?

HOBBS--To the Scotch arms in Marsh-street, where Mahony lodged,
if the gentleman in the black cap did go up to Mr. Smith's.

VERNON--I think, you say, you saw Mr. Goodere on the Sunday go
down the hill, after the gentleman in the black cap?

HOBBS--I did, Sir; but nobody at all was with him.

GOODERE--Did you see me at all that day?

HOBBS--Yes, Sir, I saw you go into Mr. Jarrit Smith's; and when
you came down the hill, after the gentleman in the black cap,
you called out to Mahony and his company, and bid them to look
sharp.

GOODERE--Did you see anybody with me that day? I was not at
your house that day.

HOBBS--I did not say you were; but as you was going to Mr.
Jarrit Smith's, I heard one of your men say, There goes our
captain, or else I had not looked out.

MAHONY--I beg leave, my lord, to ask him, who it was that the
captain bid Mahony to look sharp to?

HOBBS--The gentleman with the black cap.

THE RECORDER--Was the gentleman in the black cap, at whose
going by they all rushed out, the same gentleman whom you had
seen before go to Mr. Jarrit Smith's?

HOBBS--Yes, Sir, but Mahony gave half-a-crown for my reckoning,
and as they rushed out so hastily, I was afraid they had taken
away my tankard; for which reason I went to look after it, and
saw no more.

_Thomas Williams, sworn._

VERNON--Mr. Williams, I think you belonged to the _Ruby_ at the
time when this melancholy affair happened?

WILLIAMS--Yes, Sir.

VERNON--What station were you in?

WILLIAMS--I was ordered to walk the quarter-deck.

VERNON--Will you give an account of what you know in relation
to the ill-treatment of sir John Dineley Goodere? Tell all you
know about it.

WILLIAMS--I came up on Sunday the 18th day of January last for
my commander, went to his lodgings, he was not at home. I was
told there that he dined that day at Dr. Middleton's and he was
just gone there. I went to Dr. Middleton's after him, and he
was just gone from thence; I then returned to his lodgings and
found him there; I told him the barge was waiting for his
honour. He asked me if I knew the river, and if I knew the
brick-yard at the lime-kilns? I told him that I knew the
lime-kilns, and at last I recollected that I did remember the
brick-yard he meant. That is well enough, says he. While I was
there, Mahony came up to him, and the captain desired of me to
go down stairs, for he wanted to speak to Mahony in private. I
went down stairs, by and by Mahony came down and went away;
then I went up to captain Goodere again, when he directed me to
get all the hands together, and go down into the barge, and,
says he, let it be landed at the brick-yard. He asked me, if I
knew the White Hart in the College Green? I told him, I did,
and he directed me to take eight men up with me to the White
Hart, and let two remain in the boat for I have a gentleman
coming on board with me. I did as I was ordered; and when I
came to the White Hart, I saw Mahony and some of the
privateer's men with him there in a room; I did not like their
company; I went into the kitchen; I asked the landlord to make
me a pint of toddy; he asked me, whether I would have it hot or
cold; I told him a little warm; he was going about it but
before it was made, Mahony and the privateer's men rushed out
of the house: I seeing that, followed them; they had the
gentleman in possession before I came to them, and were
dragging him along. I asked them what they were at? One of the
privateer's men told me, if I did not hold my tongue he would
throw me over the key into the river, and immediately captain
Goodere came there himself; The privateer's men asked what they
should do with him, and he directed them to take him on board
the barge. I followed them down the butts, the gentleman cried
out Murder, murder! Mr. Stephen Perry, the anchor-smith, came
out of his house, and asked me what was the matter; I told him
I did not know: Mahony said he was a murderer, he had killed a
man on board the man-of-war, and that he had run away; they had
carried him before a magistrate, and he was ordered back to the
man-of-war to be tried by a court-martial.

THE RECORDER--Was the captain within hearing at the time Mahony
said that?

WILLIAMS--He was just behind.

THE RECORDER--Was he within hearing?

WILLIAMS--He was; and when they had brought him into the barge
captain Goodere desired to have the cloak put over sir John to
keep him from the cold, but sir John said he did not want a
cloak, neither would he have it. The privateer's men wanted me
to put them on the other side the water, but I said I would not
without the captain's orders. They asked the captain, and he
directed me to do it, and I put them ashore at the glass-house,
and just as we came over against the hot-wells, there was a
gentleman standing whom sir John knew, to whom sir John cried
out, Sir, do you know Mr. Jarrit Smith? But before he could
speak any more, the cloak was thrown over him to prevent his
crying out, and the captain told me to steer the barge on the
other side, until we got clear of the noise of the people; and
when we were got clear, he directed me to steer the boat in the
middle, as I ought to do. I obeyed his orders.

THE RECORDER--Who threw the cloak over him?

WILLIAMS--The captain. And the captain being as near to sir
John as I am to your lordship, sir John asked the captain what
he was going to do with him? Says the captain, I am going to
carry you on board, to save you from ruin, and from lying
rotting in a gaol.

VERNON--And what reply did sir John make to that?

WILLIAMS--He said, I know better things, I believe you are
going to murder me; you may as well throw me overboard, and
murder me here right, as carry me on board ship and murder me.
No, says the captain, I am not going to do any such thing, but
I would have you make your peace with God. As I steered the
boat, I heard all that passed. We brought sir John on board
between 7 and 8 o'clock, he could hardly go up into the ship,
he being so benumbed with cold; he did go up of his own accord,
with the men's assistance.

VERNON--How was he treated on board the man-of-war?

WILLIAMS--Sir, I don't know how they treated him after he went
on board the ship. I was excused from watching that night so I
went to my hammock; but after I was got out of my first sleep,
I heard some people talking and walking about backwards and
forwards: I was surprised; at last I peeped out of my hammock,
and asked the centinel what was o'clock. He said, between two
and three. And then I saw captain Goodere going down the ladder
from the deck towards the purser's cabin, but for what
intention I know not. I believe he came from his own cabin.

THE RECORDER--Whereabout is the purser's cabin?

WILLIAMS--The purser's cabin is in a place called the Cockpit,
the lower steps of the ladder is just by the door of the
purser's cabin.

THE RECORDER--And it was that ladder you saw the captain go
down, was it?

WILLIAMS--Yes, Sir, it was.

VERNON--Mr. Williams, you have not told us all the particulars
of sir John's treatment between the seizing and carrying him to
the barge.

WILLIAMS--One of the men had hold of one arm, and another the
other, and a third person was behind shoving him along.

VERNON--Where was captain Goodere then?

WILLIAMS--He was just behind him.

VERNON--How near was he to him?

WILLIAMS--Sometimes he was as near to him as I am to you.

THE RECORDER--How many were there in the company, do you think,
in the rope-walk, when they were carrying sir John along?

WILLIAMS--There were five of the privateer's men, and Mahony
made six, and there were nine belonging to the barge; about
sixteen in all.

RECORDER--At what distance were you?

WILLIAMS--At a pretty great distance; I walked just before
them; I saw them take him along in the manner I have said; I
heard sir John cry out murder several times as he went, as they
took him along the rope-walk.

In answer to Goodere, the witness said that he slept on the starboard side of the gun-room, and that he could see people coming down into the cockpit, because the gun-room came unusually far out; there was no other cabin but the purser's in the cockpit. He did not know where the ship lay, being but a foremast man.

_Samuel Trivett, sworn._

VERNON--Will you give an account to Mr. Recorder and the Jury
of what you know relating to this business?

TRIVETT--On Sunday the 18th of January last, I was at a public
meeting in the rope-walk; I heard a noise of people cried, Damn
ye, stand off, or else we will knock your brains out; I stepped
up, and asked what right they had to carry a man along after
that manner? I followed them: their answer was, it was a
midshipman who had committed murder, and they were taking him
down to the ship to do him justice; other people likewise
followed, enquiring what was the matter the gentleman was
behind, and ordered them to make more haste.

VERNON--Look upon the prisoner at the bar, Mr. Goodere; is that
the gentleman that ordered them to make more haste?

TRIVETT--I believe that is the man, my lord. On the gentleman's
ordering them to make more haste, five or six of them caught
him up in their arms, and carried him along; and as they were
got down about the corner of Mr. Brown's wall, he insisted upon
their making more dispatch, and then they hurried him as far as
captain Osborn's dock. By that time his clothes were ruffled
and shoved up to his arm-pits; they put him down, and settled
his clothes, and then I saw his face, and knew him to be sir
John Dineley: he cried out murder several times, and said, they
were taking him on board to kill him, he believed. As they were
going with him along, he cried out to Mrs. Darby, For God's
sake assist me, they are going to murder me. I told Mrs. Darby
it was sir John Dineley: she said she knew him; the cloak was
then over his face. As they got him further, he called out to a
little girl, to get somebody to assist him, for they were going
to murder him. They pushed him along to Mrs. New's house, and
made a little stop there, and then they brought him to the
water-side, where was a boat; they put out a plank with ledges
nailed across: he was ordered to go on board the boat; they got
him on board, and put him to sit down in the stern-sheet: then
he cried out, For God's sake, gentlemen, if any of you know Mr.
Jarrit Smith in the College-green, tell him my name is sir John
Dineley. One of the men put his cloak and covered him, and
before he could say any more, that gentleman (pointing to the
prisoner Goodere) took his hand and put it on his mouth, and
would not let him speak any further, and ordered the boat to be
pushed off, which was done; and the tide making up strong, the
boat got almost to the other side. I heard that gentleman
(pointing as before) say, Have you not given the rogues of
lawyers money enough already? Do you want to give them more? I
will take care that they shall never have any more of you; now
I'll take care of you.

THE RECORDER--Prisoners, will either of you ask this witness
any questions?

GOODERE--No, I never saw the man before in my life.

_Thomas Charmsbury, sworn._

CHARMSBURY--On Sunday the 18th of January last, between the
hours of four and five in the afternoon, I was on board the
ship called the _Levant_, lying in Mr. Thompson's dock; I heard
a noise coming over the bridge of the dock, and I saw a man in
a scarlet cloak, and a parcel of people, some before and some
behind, guarding of him, and he made a noise. I went towards
them, to see what was the matter, and at Mr. Stephen Perry's
counting-house (they rested) I asked, what was the matter?
They said, he had killed a man on board a man-of-war; that he
had run away; and they had had him before a magistrate, and he
was ordered on board the king's ship to be carried round to
London to take his trial. Mr. Perry (on hearing the noise) came
out and saw him; says Mr. Perry, Gentlemen, do you know what
you are about? I would not be in your coats for a thousand
pounds, for it is 'squire Goodere. They threatened to knock
down any that should come near; a fellow, I take him to be
Mahony, came up to me, and threatened to knock me down several
times. They took and carried him as far as captain James Day's
lofts and warehouse, where he keeps his hemp; and there they
rested him again, and threatened to knock down any that should
come near them. Then said Mahony, Damn ye, here comes the
captain. Immediately I turned about, and saw a gentleman with
his cane poised in one hand, and his sword in the other; he had
a dark shag coat and yellow buttons, whom I take to be that
gentleman the prisoner at the bar. They took up the man in the
scarlet cloak again, and carried him so far as coming out from
the lower College-green into the rope-walk: the prisoner
Goodere came up to them and ordered them to mend their pace;
they took him up again, and carried him as far as Brown's
garden, at the lower end of the rope-walk, as fast as they
could well carry him, where they settled his clothes, and in
the meanwhile the prisoner Goodere came up to them again, and
ordered them to mend their pace. With much difficulty they got
him between the gate and stile, and carried him as far as the
warehouse at the corner of the glass-house, there they rested
and settled his clothes again; then they took him up, and
carried him down to the Lime-kilns, as far as the lower part of
the wall below madam New's; and then brought him down to a
place opposite to the King's-head, and then they put him on
board a boat (I take it the man-of-war's barge) having ten
oars, and they handed him in. After, the prisoner Goodere went
into the boat after him, and set sir John on the
starboard-side, and the prisoner Goodere on the larboard-side;
then sir John cried out, Murder! you gentlemen that are on
shore, pray tell Mr. Jarrit Smith that my name is Dineley, and
before he could say Goodere the gentleman took up the flap of
the cloak, threw it over the face of sir John, and stopped his
mouth; and says he, I will take care of you, that you shall not
spend your estate; and ordered the barge to be put off; and
then he took the gentleman's cloak from his shoulders, and put
it on his own.

THE RECORDER--Who was it that stopped his mouth with his cloak?

CHARMSBURY--That gentleman the prisoner at the bar. The boat
was so full, had so many people in it, that they were obliged
to row but with eight oars: and when they proceeded down the
river, it being about three quarters flood, and the gentleman
continually crying out, they went out of sight, and I saw no
more of them.

_Mrs. Darby_, who lived at the limekilns, saw Sir John forced along between two men; he was crying out, Murder, murder! for the Lord's sake save me, save me, for they are going to kill me. She knew Sir John very well; she had mended his chair for him last summer; she was told that the gentleman at the bar was the captain of the man-of-war; he was dressed in a dark drab-coloured coat, and his waistcoat was trimmed with gold. She heard Sir John cry out something as he was being hurried into the boat, but she could not hear what.

_William Dupree_ was drinking at the King's Head with a friend, and a young woman who was reading at the window said she heard a great noise, on which they went out, and saw a company of men forcing a gentleman along, the prisoner Goodere coming behind them. They said that he had murdered a man, and that they were taking him on board for justice. They put him on the yawl, while Captain Goodere stood by. He cried out, 'For God's sake! go and acquaint Mr. Jarrit Smith, for I am undone, they will murder me.' The witness went back to the King's Head, where the people advised him to go to Mr. Jarrit Smith and inform him of it, which he did. When Sir John cried out he saw Goodere put his hand on his mouth.

_Theodore Court, Master of the Ship, sworn._

VERNON--Will you tell Mr. Recorder and the jury what you know
concerning the death of sir John Dineley Goodere?

T. COURT--On the 18th of January last, being Sunday, the barge
went up to fetch captain Goodere from Bristol, and about seven
of the clock in the evening he came on board, and when he came
into the gangway, says he, How do you all do, gentlemen?
Excuse me, gentlemen, from going the right way to-night, for I
have brought an old mad fellow on board and I must take care of
him. I saw a gentleman with a black cap coming up the ship's
side, and his groans shocked me, so that I could not help him;
he looked much surprised as a person used ill; as soon as he
was on board he was taken into custody, and carried by the
captain's orders down to the cockpit, and put into the purser's
cabin, and a centinel ordered upon him; and I saw him no more
at that time. Next morning I was told that the captain's
brother was murdered, and that the captain had given Charles
White and Mahony leave to go on shore.

THE RECORDER--By whose direction was he put into the purser's
cabin?

T. COURT--The captain himself went down and saw them put him
in.

VERNON--Whereabout in the ship is the purser's cabin?

T. COURT--In the cock-pit.

VERNON--Was it a place where gentlemen who came on board
commonly lay?

T. COURT--No, nobody had laid in it for a considerable time.
The next morning the cooper met me, and said, Here is fine
doings to-night, Mr. Court! Why, what is the matter? said I.
Why, said he, about three o'clock this morning they went down
and murdered sir John. The ship was in an uproar; the Cooper
said, if Mr. Perry (the lieutenant) did not secure the captain,
he would write to the board; we had several consultations in
the ship about it. The captain sent for me to breakfast with
him: I accepted his invitation; I can't say but he behaved with
a very good name to all the people on board. About ten o'clock
Mr. Perry, myself, and the other officers, with the cooper,
consulted about securing the captain. Mr. Perry cautioned us
not to be too hot; for, said he, if we secure the captain
before we know sir John is dead, I shall be broke, and you too.
We send for the carpenter, and desired him to go down and open
the cabin-door, the centinel who stood there having said it was
lock'd; the carpenter went down, opened the cabin-door, and
came up, and said sir John was murdered; and that he lay on his
left side, with his leg up crooked. I told them, gentlemen,
there is nothing to be done before the coroner comes; and
therefore we must not touch him: whereupon the door was ordered
to be fastened up; we then consulted how to take the captain,
and a method was agreed on for that purpose. And as soon as the
captain was taken, he declared he was innocent of it, that he
knew not that his brother was murdered. When the coroner came,
I saw the deceased, and my heart ached for him.

THE RECORDER--Who was it put the centinel upon sir John?

T. COURT--The captain ordered it to be done.

VERNON--Is it usual to place a centinel at the purser's
cabin-door?

T. COURT--No, it is not; unless there be somebody there under
confinement.

VERNON--Is there any other cabin near the purser's?

T. COURT--Yes, there is the slop-room just by; there the cooper
and his wife lay that night: there is just a little partition
of about half-inch deal, parting the slop-room from the place
where sir John lay confined.

VERNON--Pray, will you tell us whether any and what discourse
passed between Mr. Goodere and you, about sailing, and when it
was?

T. COURT--Sir, in the morning he asked me, Will the wind serve
to sail? He said, he had another pressing letter from the lords
of the admiralty to sail as soon as possible. I told him that
the wind was west-south-west, and that we could not go out to
sea; for no pilot would take charge of the ship I believed. And
as this is a harbour where a pilot is allowed, I don't pass for
this place; otherwise I must have observed his orders.

VERNON--Did he acquaint you how far or to what part, he would
have you sail?

T. COURT--Yes, he said, if he got no further than the Holmes,
he did not care; and asked me if it was safe riding there. I
told him it was not; for it was foul ground for such a ship as
ours.

THE RECORDER--Mr. Goodere, will you ask this witness any
questions?

GOODERE--What cabins are there in the cock-pit?

T. COURT--I know no cabins there but the purser's cabin and the
slop-room, etc.

VERNON--Call Mr. Williams.

_William Williams_ produced a watch which he had found in a vault in Back Street. Culliford, who kept the Brockware Boat on the Back, had reported at the Council House, when he was examined there, that a watch and some money had been left at his house; but his wife, when asked for them, denied the watch, but afterwards admitted that she had thrown it into the vault where the witness afterwards found it.

_T. Court_ said that the captain had had a watch like the one produced. In answer to Goodere, he said that there were in the cockpit the steward's room, the purser's cabin, and the slop-room. The ship had been moored on Thursday the 15th of January. When Sir John was murdered she lay in the King Road; the witness then described the position of the ship with greater detail.

_Vernon_ interposed to state that the ship was in the King Road, which was well known to be within the franchise of the city: the sheriffs of the city continually executed writs there; and such a serious matter ought not to be decided on a side wind.

_Duncan Buchanan_, one of the crew of the _Ruby_, was ordered to go to the White Hart on Tuesday the 13th of January, and there were Mahony and the privateer's men drinking hot flip. He saw a gentleman come out of Mr. Smith's; he was mounted, and had pistols before him; he was followed by a servant, also armed. Some of the men ran out, and Goodere followed them and ordered them to follow the gentleman. On the 18th, the barge came alongside the ship, about seven in the evening, with the gentleman in it. The witness stood in the gangway to receive him.