Chapter IX: Part 9

When he came up, I heard him make a moan, and the captain said,
I have brought a madman on board, bring him along, I will bring
him to his senses by-and-by. I saw them take him along the
gangway. You must not mind what he says, said the captain; and
he was ordered down to the purser's cabin: I was ordered
centinel there. About twelve o'clock the captain sent for me to
come up to him, and I laid down my sword and went up, and
Mahony was there with him; and there was a bottle of rum and a
glass before them: the captain asked me to drink a dram, I
thanked him and drank. He asked me how his brother was? I told
him he groaned a little; says the captain, I know the reason of
that, he is wet, and I am coming down by-and-by to shift him
with dry stockings: so I left the captain and Mahony together.
Some time after the captain came down to me as I was at my post
at the purser's cabin; he asked if his brother made a noise; I
told him no; upon which the captain listened a little time at
the door, and then said, Give me the sword, and do you walk
upon deck, for I want to speak to my brother in private. Soon
after this Mahony went down, and very soon after Mahony was
down, I heard a great struggling in the cabin, and the
gentleman cry out Murder! I then thought the gentleman had been
in one of his mad fits; but now I suppose they were then
strangling him. As I was walking to-and-fro in the gun-room, I
looked down, and saw the captain take the candle out of the
lanthorn, which was hanging up there, and he gave the candle
into the cabin.

THE RECORDER--Where was Mr. Goodere when you heard the cry of
murder?

BUCHANAN--In the cock-pit by the purser's cabin-door, with the
sword in his hand.

THE RECORDER--What time of the night was this?

BUCHANAN--Between two and three o'clock; I lighted a candle at
the lanthorn in the gun-room, and was going down to the captain
with it, as supposing him to be without light; and as I was
going down with it, the captain held up his sword, waved it,
and said, Go back, and stay where you are.

THE RECORDER--You said that sir John Dineley cried out Murder!
Was that before you offered the candle to the captain?

BUCHANAN--Yes, Sir; it was before.

THE RECORDER--How long?

BUCHANAN--About a quarter of an hour.

THE RECORDER--How long did the cry of murder continue?

BUCHANAN--About three or four minutes; soon after the captain
had ordered me to keep back, he called for a candle, and I
carried one down, and he gave me the sword, and bid me stand
upon my post; and said he, if my brother makes any more noise,
let him alone and send for me; and he locked the purser's
cabin-door, and took the key away with him; and in the morning
the doctor's mate, the cooper, and I consulted together about
it; and I was willing to know, if sir John was dead or not: and
when we peeped into the cabin, we saw him lying in a very odd
sort of posture, with his hat over his face, and one of his
legs lay crooked; upon which we concluded he was dead.

THE RECORDER--How long were you off your post from first to
last?

BUCHANAN--I can't tell exactly.

THE RECORDER--Recollect as well as you can.

BUCHANAN--About three quarters of an hour.

THE RECORDER--And could you see who was at the purser's
cabin-door all that time?

BUCHANAN--Yes, Sir; I saw the captain stand at the foot of the
ladder at the door, with a drawn sword, from the time I went up
to the time I came down again; he locked the door, and carried
the key away with him.

VERNON--Pray, were there any bolts on the purser's cabin-door?

BUCHANAN--Yes, there were bolts on the door; they were put on
soon after sir John came on board: sir John was in that cabin
when they were put on.

VERNON--You say you heard a noise and outcry of murder; how far
were you from the cabin-door when you heard that cry of murder?

BUCHANAN--I was walking to-and-fro the gun-room.

VERNON--How far is that from the purser's cabin-door?

BUCHANAN--As far as I am from you.

VERNON--Whom did you see go into the purser's cabin to sir
John?

BUCHANAN--I saw Mahony go in there.

VERNON--Did you see any other person go in besides Mahony?

BUCHANAN--No, I did not; I saw Mahony go in just before the cry
of murder, but no other person.

VERNON--Do you know any thing about securing the captain?

BUCHANAN--Yes, I will tell you what happened then. We went and
secured him. As soon as he was laid hold of, he cried out, Hey!
hey! what have I done? We told him his brother was murdered,
and that he had some concern in it. He said, What if the
villains have murdered my brother, can I help it? I know
nothing of it.

GOODERE--Did you see me in the cabin at all?

BUCHANAN--No, Sir, I don't say you were in the cabin.

THE RECORDER--Mr. Goodere, the witness does not say he saw you
in the cabin, but at the door, and with a sword in your hand,
and that you handed in a light after the cry of murder was
over.

GOODERE--I could not have been in the cabin without Buchanan's
seeing me go in, because he stood at the bulkhead of the
gun-room.

THE RECORDER--Mahony, will you ask this witness any questions?

MAHONY--Are you certain that I was in the cabin when you heard
the groans?

BUCHANAN--I am positive you were there in the purser's cabin
when I heard the murder cried out.

_Daniel Weller, sworn._

VERNON--I think you are the carpenter belonging to the _Ruby_
man-of-war?

WELLER--Yes, Sir, I am.

VERNON--Give an account to Mr. Recorder and the jury of what
you know relating to this business.

WELLER--The 18th of January last, about seven o'clock in the
evening, the captain came on board in the barge; as I attended
him, I observed he seemed in a pleasant humour, he came upon
the deck at once, and said he had brought a poor crazy man on
board, who had been the ruin of himself and family, and that he
had now brought him on board to take care of him: he took him
down to the cock-pit, and having been there a little while, one
of my people came and asked for some bolts; I asked, What for?
He told me it was to put on the outside of the purser's
cabin-door, to bolt the crazy gentleman in. I gave him a bolt;
after he had nailed it on, he came and wanted another: I had
another, gave it to him, and went down to see the bolts put on.
Sir John cried out, What are you doing, nailing the door up? I
answered, No. I ordered the door to be opened, to turn the
points of the nails. The door being opened, sir John asked
whether the carpenter was there? I told him I was the man. The
centinel told me no-body must go in there; however, I went in,
while they turned the points of the nails. Sir John bid me sit
down, and asked me, What does my brother mean by bringing me on
board in this manner, to murder me? No, Sir, says I, I hope
not, but to take care of you. He asked me, if his brother told
me that he was mad? I saw no more of him till next morning.

VERNON--And what did you see then?

WELLER--Next morning the lieutenant sent me down to see if sir
John was dead. I went down and asked the centinel for the key;
he told me the captain had been there in the night, and had
taken away the key in his pocket. I broke open the cabin-door,
and sir John was lying on one side dead, with his right leg
half up bent, his hat was over his face, with blood bespattered
about his mouth and nose. I went directly up, and told the
lieutenant of it.

THE RECORDER--By whose orders did you put the bolts on the
door?

WELLER--One of my people came to me for bolts, and told me he
was ordered by the captain to put the bolts on; and none of
them ever came for any thing to be done, without an order of an
officer.

_Edward Jones, sworn._

VERNON--Mr. Jones, I think you are the cooper of the ship
_Ruby_?

JONES--Yes, Sir.

VERNON--Were you on board upon Sunday the 18th of January last?

JONES--Yes, Sir, I was.

VERNON--In what cabin did you lie that night?

JONES--I had no cabin, but I made bold to lie in the slop-room
that night, having my wife on board.

VERNON--Pray what is that you call the slop-room?

JONES--It is like a cabin.

VERNON--How near is the slop-room to the purser's cabin?

JONES--Nothing but a thin deal-partition parts it from the
purser's cabin.

VERNON--Will you relate to Mr. Recorder and the jury what you
know about the murder of Mr. Goodere's brother; tell the whole
you know concerning it.

JONES--About Wednesday or Thursday before this happened, the
captain said to me, Cooper, get this purser's cabin cleaned
out, for he said he expected a gentleman shortly to come on
board. I cleaned it out; and on Sunday evening the gentleman
came on board, when the people on deck cried, Cooper, shew a
light. I brought a light, saw the captain going down the
cock-pit ladder, the gentleman was hauled down: he complained
of a pain in his thigh by their hauling him on board. The
captain asked him, if he would have a dram? He said no; for he
had drank nothing but water for two years. The captain ordered
Mahony a dram; he drank it; he also ordered one Jack Lee to put
two bolts on the purser's cabin-door. The gentleman walked
to-and-fro the purser's cabin while they were nailing the bolts
on. He wanted to speak with one of the officers. The carpenter
told him he was the carpenter. Says the gentleman, Do you
understand what my brother Sam is going to do with me? And
said, His brother had brought him on board to murder him that
night. The carpenter said, He hoped not, but what was done was
for his good. The captain said, They must not mind what his
brother said, for he had been mad for a twelvemonth past. And
the captain went up again, and went into the doctor's room. I
went to bed about eight o'clock. Some time about eleven o'clock
at night I heard the gentleman knock, and said, He wanted to
ease himself; to which the centinel gave no manner of heed. Is
it not a shame, said he, to keep a gentleman in, after this
manner? At last, some other person spoke to the centinel, and
says, Why don't you go up and acquaint the captain of it, that
the gentleman may ease himself? Soon after Mahony comes down
with a bucket, for the gentleman to ease himself. Mahony sat
down in the cabin, and he and the gentleman had a great deal of
discourse together; the gentleman said he had been at the
East-Indies, and told what he had got for his merit; and Mahony
said, some by good friends. I heard the gentleman, after Mahony
was gone, pray to God to be his comforter under his affliction.
He said to himself, he knew that he was going to be murdered,
and prayed that it might come to light by one means or
another. I took no notice of it, because I thought him a crazy
man. I slept a little, and about two or three o'clock my wife
waked me. She said, Don't you hear the noise that is made by
the gentleman? I believe they are killing him. I then heard him
kick, and cry out, Here are twenty guineas, take it; don't
murder me; Must I die! must I die! O my life! and gave several
kecks with his throat, and then he was still. I got up in my
bed upon my knees: I saw a light glimmering in at the crack,
and saw that same man, Mahony, with a candle in his hand. The
gentleman was lying on one side. Charles White was there, and
he put out his hand to pull the gentleman upright. I heard
Mahony cry out, Damn ye, let us get his watch out; but White
said he could not get at it. I could not see his pockets. White
laid hold of him, went to tumbling him up to get out his money,
unbuttoned his breeches to get out his watch; I saw him lay
hold of the chain; White gave Mahony the watch, who put it in
his pocket; and White put his hand into one of the gentleman's
pockets, and cursed that there was nothing but silver: but he
put his hand in the other pocket, and there he found gold.
White was going to give Mahony the gold: damn ye, says Mahony,
keep it till by-and-by.

THE RECORDER--In what posture did sir John lie at that time?

JONES--He lay in a very uneasy manner, with one leg up; and
when they moved him, he still remained so, which gave me a
suspicion that he was dead. White put his hand in another
pocket, took out nothing but a piece of paper, was going to
read it. Damn ye, said Mahony, don't stand to read it. I saw a
person's hand on the throat of this gentleman, and heard the
person say, 'Tis done, and well done.

THE RECORDER--Was that a third person's hand, or the hand of
Mahony or White?

JONES--I cannot say whether it was a third person's hand or
not. I saw but two persons in the cabin, I did not see the
person, for it was done in a moment. I can't swear I saw any
more than two persons in the cabin.

THE RECORDER--Did you take notice of the hand that was laid on
sir John's throat?

JONES--I did.

THE RECORDER--Did it appear to you like the hand of a common
sailor?

JONES--No; it seemed whiter.

VERNON--You have seen two hands held up at the bar. I would ask
you to which of them it was most like in colour?

JONES--I have often seen Mahony's and White's hands, and I
thought the hand was whiter than either of theirs; and I think
it was neither of their hands by the colour of it.

THE RECORDER--Was sir John on the floor, or on the bed?

JONES--On the bed; but there was no sheets: it was a
flock-bed, and nobody had lain there a great while.

VERNON--How long did the cries and noise which you heard
continue?

JONES--Not a great while: he cried like a person going out of
the world, very low. At my hearing it, I would have got out in
the mean time, but my wife desired me not to go, for she was
afraid there was somebody at the door that would kill me.

VERNON--What more do you know concerning this matter, or of
Mahony and White's being afterwards put on shore?

JONES--I heard some talking that the yaul was to go to shore
about four of the clock in the morning, and some of us were
called up, and I importuned my wife to let me go out. I called,
and asked who is centinel? Duncan Buchanan answered, It is I.
Oh, says I, is it you? I then thought myself safe. I jumpt out
in my shirt, went to him; says I, There have been a devilish
noise to-night in the cabin, Duncan, do you know any thing of
the matter? They have certainly killed the gentleman, what
shall us do? I went to the cabin-door where the doctor's mate
lodged, asked him if he had heard any thing to-night? I heard a
great noise, said he. I believe, said I, they have killed that
gentleman. He said, he believed so too. I drawed aside the
scuttle that looked into the purser's cabin from the steward's
room, and cried, Sir, if you are alive, speak. He did not
speak. I took a long stick, and endeavoured to move him, but
found he was dead. I told the doctor's mate that I thought he
was the proper person to relate the matter to the officer, but
he did not care to do it then. If you will not, I will, said I.
I went up to the lieutenant and desired him to come out of his
cabin to me. What is the matter, said he? I told him I believed
there had been murder committed in the cock-pit, upon the
gentleman who was brought on board last night. Oh! don't say
so, says the lieutenant. In that interim, whilst we were
talking about it, Mr. Marsh the midshipman came, and said, that
there was an order to carry White and Mahony on shore. I then
swore they should not go on shore, for there was murder
committed. The lieutenant said, Pray be easy, it can't be so; I
don't believe the captain would do any such thing. That
gentleman there, Mr. Marsh, went to ask the captain if Mahony
and White must be put on shore? And Mr. Marsh returned again,
and said, that the captain said they should. I then said, it is
certainly true that the gentleman is murdered between them. I
did not see Mahony and White that morning, because they were
put on shore. I told the lieutenant, that if he would not take
care of the matter, I would write up to the Admiralty, and to
the mayor of Bristol. The lieutenant wanted the captain to
drink a glass of wine: the captain would not come out of his
cabin; then the lieutenant went in first; I followed him. I
told the captain that my chest had been broke open, and I
desired justice might be done. Then I seized him, and several
others came to my assistance.

THE RECORDER--Mr. Goodere, do you ask Mr. Jones any questions?

GOODERE--Do you know whether the midshipman was sent away on
the king's business, or else only to put those two men on
shore?

JONES--I know not, you were the captain of the ship.

THE RECORDER--Mahony, will you ask this witness any
questions?

MAHONY--Did you see me lay hands on the gentleman?

JONES--Yes, I did, as I have already related.

_Margaret Jones, sworn._

VERNON--Mrs. Jones, pray acquaint Mr. Recorder and the jury
what you know about the murder of sir John Dineley Goodere (the
gentleman ordered by Mr. Goodere into the purser's cabin).

MRS. JONES--About seven o'clock in the evening, the 18th of
last January, the captain (having been on shore) came on board,
and came down into the cock-pit, and asked if the cabin was
clean? My husband answered, yes. On which the captain gave
orders to bring down the gentleman; and the captain said to the
doctor, Doctor, I have got an old mad fellow here, you must
doctor him up as well as you can. They brought the gentleman
into the cabin, the captain asked him how he did now? The
gentleman complained that he had a great pain in his thigh, he
was hurted by the men's hauling him as they had done. The
captain asked him if he would drink a dram of rum? He answered,
No; for he said he had drank nothing but water for two years
past. The captain gave a dram to several persons there; and he
gave orders for some sheets to be brought; and he said to
Mahony, As his clothes are wet, do you pull them off. And the
gentleman said to Mahony, Don't strip me, fellow, until I am
dead. The gentleman said, Brother Sam, what do you intend to do
with me? The captain told him that he brought him there to save
him from rotting in a gaol. About ten o'clock Mahony was left
there; the gentleman desired him to go; but Mahony said, I have
orders to abide here, to take care of you. The gentleman said
to Mahony, I can abide by myself. Before the captain went away,
he bid Mahony to see if his brother had any knife about him.
The gentleman gave up his knife to Mahony, desired him to take
care of it, for it was his son's knife. The gentleman asked
about the knife several times in the night. About twelve
o'clock I went to sleep; about two o'clock I wakened again: I
heard the gentleman talk to Mahony, but Mahony advised the
gentleman to go to sleep. He said, I cannot sleep. They talked
together a great while. Mahony said, I am to go on shore in the
morning, and if you have any letters to send to Bristol, I will
carry them for you. I heard somebody say to the gentleman, You
must lie still, and not speak a word for your life. Some
minutes after I heard a great struggling; who it was, I don't
know. The gentleman cried out, Murder; help for God's sake! and
made several kecks in his throat, as though somebody was
stifling him. I shook my husband, told him that somebody was
stifling the gentleman. I heard two people in the cabin
whispering; I don't know who they were. The gentleman cried out
murder again, Help for God's sake! He said, I have twenty
guineas in my pocket, here take it; must I die! Oh, my life!
And just about that time, before he was dead, somebody from the
outside offered to come into the cabin, but I heard one of the
persons on the inside say, Keep out, you negro; and then a
great noise was made; I thought the cabin would have been beat
down. Some few minutes after the gentleman had done struggling,
a candle was brought: I soon got up, and looked through the
crevice: I saw a man, who I believe to be White, take the
gentleman by the coat, and pulled him upright. I saw Mahony
with a candle in his hand; I observed the other to put his hand
in the gentleman's pocket. One of them said, Damn ye, pull out
his watch. Then I saw the person take hold of the watch-string
and pull it out, and he said to the other, Here 'tis, take it,
and put it into thy pocket. Then one of them put his hand in
another pocket, and took it out, said, Here's nothing but
silver; and then he searched another pocket, and said, Here it
is; and pulled out a green purse: soon after that, the door was
unbolted, I heard a person say, Where shall I run? who I
believe was Mahony; and the other, Charles White, said, Follow
me, boy. And they went to go upon deck through the hatch-hole,
which is an uncommon way; and that is all I know.

THE RECORDER--Mr. Goodere and Mahony, do either of you ask this
witness any questions?

GOODERE--No.

MAHONY--No.

_James Dudgeon, sworn._

VERNON--Mr. Dudgeon, I think you are the surgeon's mate
belonging to the _Ruby_?

DUDGEON--Yes, Sir.

VERNON--Give Mr. Recorder and the jury an account what you know
relating to this matter.

DUDGEON--I am very sorry that I should come on this occasion
against captain Goodere, because he ever behaved towards me in
a genteel manner. The week before this happened, I was told by
one of the officers, that the captain was going to bring his
brother on board; and on Sunday the 18th of January, about the
dusk of the evening, the barge came down to the ship. I was at
that time walking the quarter-deck; some of our people seeing
the barge a-coming they said, Our captain is coming on board
with his brother sure enough: but instead of coming up the
quarter-deck, the captain went down upon the main-deck, and I
still kept walking on the quarter-deck, expecting to see the
gentleman when he went into the great cabin, but I afterwards
found that he was ordered down to the cock-pit. Soon after, I
went down there myself; and the captain being there, said,
Doctor, I have brought a madman to you, I don't know what we
shall do with him, but we must make the best of him that we
can; and Mahony came down likewise. The captain sent his
steward for a bottle of rum, Mahony had a dram of it. The
captain asked sir John if he would have one? Sir John replied,
No; for, said he, I have not drank any thing of that nature for
two years past; he groaned several times. There was then one
Cole at the foot of the ladder, to whom also the captain gave a
dram; then there was a centinel put upon the cabin-door; but
Cole asked the captain if he might go in, and the captain said
he might. The old gentleman made a noise as the captain went up
the ladder; the captain told him, We have now brought you on
board, and will take care you shall want for nothing. After the
captain was gone, Cole wanted to go in, but the centinel would
not let him; telling him that his orders were to let none in
but Mahony: however, Cole went up and got leave of the captain
to go in, and he did go in. Soon after this the captain came
down again to the cock-pit, and came into my place, and sat
down; and after talking of things promiscuously, he said, he
believed it would be proper for me to go and feel his brother's
pulse; or else, Doctor, he said, do you chuse to leave it alone
till to-morrow morning? I made answer, that to-morrow morning
might be the best time; because the gentleman may be much
confused by being brought down on the water. Come, said he, let
us go in now; for I believe it will be as well. If you please,
Sir, said I, I will; so the centinel opened the door, and we
both went in. Immediately after, the captain went out again,
and forthwith the door was shut upon me: which very much
surprised me, to think that the captain should leave me with a
madman, and I observed the captain to peep through; I then
asked the gentleman what he mostly complained of? and felt his
pulse. He then made some groans, and told me, that he had got a
great cold last week at Bath, and that he felt a severe pain in
his head. I was going to ask him some more questions, but the
captain called me, and said, Don't ask him any more questions,
but only feel his pulse. Then the centinel opened the door, and
I came out, and the captain and I went into my place again.
Well, doctor, said he, how do you find his pulse? Why, Sir,
said I, his pulses are very regular. Why, said he, I believe he
was pretty much hurried upon the water. Then the captain went
up the ladder, and a little while after he came down again;
there were two midshipmen with me in my place, and when the
captain came in, they went to go out, but he desired one of
them to stay, for he had something to say to him, because he
was to go up for letters in the morning; so we sat down, and
talked of various things; but I informed the captain that the
old gentleman have had hard lodging to-night. Why, said he, I
would put another bed in there, and have given him clean
sheets, but he would not hear anything of this kind. Then said
he to me, Doctor, I believe it will not be amiss to take an
inventory of everything he has about him, for fear it should be
reported that he is robbed. I replied, Sir, it may not be
amiss. By-and-by, Cole came tumbling down the ladder, the
midshipman opened the curtain to see who it was; Captain, said
he, that is Cole, and I then told that Cole had been drunk a
great part of that day. Soon after that the captain opens the
curtain, and sees Mahony stand by the centry. Mahony, said he,
I thought you had been about the thing which I sent you to do;
which I take to be getting the money out of the gentleman's
pocket. No, Sir, said he, I chuse to do it after he is asleep.
Very well, said the captain. Then the captain spoke to the
midshipman, and said, Mr. Marsh, You are to go up for letters
to-morrow, and if anyone takes notice of what was done to-day,
you may tell the people that it is my brother, and he is very
much disordered in his brains, and I have got him on board in
hopes of getting relief for him. Sometimes, Doctor, says he, he
can talk as well as you or I; but at other times, he is very
much out of order. About eight o'clock I was for going to bed,
but did not till an hour and a half after; and about that time
sir John was making a great noise, and asking who is without
the door, what must I do my affairs in the cabin? What a shame
is it? Will not you let me have anything to do it in? but
nobody made any reply. Upon which I said to the centinel, why
don't you answer the gentleman? Are not you ashamed of it? Upon
which, I suppose, one went up to the captain and he came down,
and said, he was sorry that the gentleman should make such a
disturbance; but he hoped, that the first night would be the
worst: upon which the captain went up, and Mahony went in; and
I heard the gentleman and him talking together, and he asked
Mahony, what his brother was going to do with him? What, says
he, does he say I am mad? Formerly I used to be so, but now I
have not tasted any thing stronger than water these two years.
But, said he, to be sure these fellows are not sailors who
attacked me this day; they are not sailors, for, if so, they
are sadly degenerated from what sailors were formerly, for I
myself have been at sea, and might have been a commander. About
half an hour after ten, I fell asleep, but was very uneasy.
About twelve the centinel was sent for to go up to the captain,
but soon came down again; and about half an hour after two I
awaked, hearing some stir in the cock-pit; and I heard Mahony's
voice in the cabin, saying, Lie still and sleep, Sir. In a
short time after that I heard a struggle, and sir John cried
out, Here is 20 guineas for you, take it; must I die? And it
seemed to me, by his speaking, that they were stifling his
mouth. Upon which the person who stood centry upon the cabin
turned the key, whereupon Mahony cried out in a terrible
pucker, Damn ye, keep the door fast. Upon which I spake, and
said, What is the matter? what a noise is that? And the person
who stood centinel made answer, Nothing at all, nothing at all;
so I lay still a while, and all was pretty quiet. A little time
after that, Mahony called for a light, and the cabin-door was
opened, and a light handed in; the cock-pit was then in
darkness, so all was quiet again for some time. Soon after that
the cabin-door was opened again, and I heard as if two or three
people were coming out of the cabin, and heard Mahony say,
which way shall I go? And somebody made answer, you may go
through the hatch-hole. He repeated the question, which way
shall I go? and the other answered, by the ship-side. I then
thought somebody had been murdering sir John sure enough, and
they are carrying off his body that way; at the same time a
person stept up the cock-pit ladder, and I heard the captain's
voice, and he said, Centry, if he makes any more noise, let me
know it; but I thought within myself, that he was past that.
After this was past, all was pretty quiet, and the centinel
kept walking without my room: I was cautious of speaking to
him, not knowing who he was; but soon after, one of the
captain's servants came down to the store-room for liquor, and
he asked the centry whether he had made any noise lately? To
which he replied, You may tell the captain that the gentleman
hath been at the lock. About half an hour after, the person who
was upon the watch came to me, and asked, if I had any commands
on shore, for the boat was going up? I told him, No; but
perceiving by his voice who it was, I called him to come to me
in the dark, and I whispered, and said to him, Mr. Heathorne,
here hath been a hellish cabal to-night, I believe they have
murdered the gentleman; doth Mahony go on shore? He answered,
that he did; then, said I, the thing is done. I then asked who
was the centry without my door? and he told me; whereupon I
called the centry to me, and asked him, what noise and cabal is
this that hath been here to-night? He said, He did not know;
but the captain, said he, hath been down several times
to-night, and that he had taken the sword from him. Just after
this, in came Edward Jones, the cooper, and his wife shaking
and trembling; and said, White and Mahony had murdered the
gentleman sure enough. I told them, I did believe they were
both going on shore; and I would, said I, have you tell the
lieutenant what you saw of the matter, and let him know that I
am of the same opinion with you: but do you first go into the
steward's room, and draw the scuttle, and then you'll see
whether he is dead, or no. Upon which they went and drawed the
scuttle, and a cat fled in their face, and they found the
gentleman lay in the same posture as White and Mahony left
him. I then bid them go and tell the lieutenant the matter,
that those fellows might be prevented from going ashore; but
yet, said I, we can't stop them neither, seeing they have the
captain's orders. Then went Jones up forthwith, and I believe,
told the lieutenant; and I also stept up to him just after, and
told him, that I believed sir John was actually murdered; for,
said I, there have been a terrible noise in the cock-pit
to-night, and the captain himself was there this morning when
'twas almost three o'clock, and the men that were with him are
going on shore. The lieutenant answered, that he could not stop
these men from going ashore, because the captain hath given
them leave; so, said he, we must let it alone till morning, to
see whether the gentleman is dead, or no. About eight o'clock
in the morning I went to him again; but he told me it was best
to defer it till we did see whether the captain sends down to
him, or not. It is, said he, no way proper for us to think of
seizing the captain, till we see that the gentleman is actually
dead, and have reason to think he is murdered. When the
captain's breakfast was ready, he sent for the lieutenant and
me to come and breakfast with him: accordingly we did; and soon
after there was a shore-boat came towards us, and then Mr.
Chamberlayn came on board, and went to the lieutenant's cabin;
and the lieutenant told that gentleman, that they were then
going to seize the captain, for it was believed that he had
been accessary to the murder of his brother. Immediately a
message was brought by one of the men, that sir John was dead:
upon which the captain was forthwith seized by eight or ten
men.

VERNON--How far was your cabin from the purser's?

DUDGEON--I can't say certainly, but believe about three yards.

VERNON--Did you view the body of the deceased whilst he lay
dead in the purser's cabin?

DUDGEON--I did.

VERNON--And did you find any visible marks of violence upon
him?

DUDGEON--Sir, I saw no rope, but he had a neck-cloth about his
neck, and there were some marks in his neck, which looked like
the scratching of nails; and I believe that he was strangled,
the blood came out of his nose and mouth.

_William Macguinis_ was in his hammock when Sir John was brought aboard, but was called up at twelve o'clock to stand sentinel in the gun-room.

I had not been long on my post before I saw the captain come
down; and soon after I saw Mahony, that man there (pointing at
the prisoner Mahony), also come down. I stopt him, and asked
him where he was going? Damn your blood, you son of a bitch,
what is that to you? How busy you make yourself. And when he
came to the bottom of the cock-pit ladder I heard him say to
another man, Come here, this is the way. But who it was he
spake to, I know not. This was a little after two o'clock. The
captain espied me, he made towards me, and waved his naked
cutlass, and said, Stand back! stand back!

The captain was down in the cockpit then. Buchanan had been sentinel in the cockpit, but had been released by the captain. The witness saw Mahony go into the purser's cabin, and afterwards saw the captain and Mahony come up again from the cockpit; it was then about three o'clock.

_Walker_ found a watch in the necessary house in the Brockware Boat, a public-house on the Back, kept by Culliford. He searched for it by the order of the justices; when he found it, the watch was in one place, and the case in another, about a yard off.

_Sarah Culliford_, of the Brockware Boat, received the watch from Mahony. She had it in her possession about two hours before and two hours after he was taken up.

This young man (meaning the prisoner Mahony) was drinking in my
house, he pulled out the watch, delivered it to me, and desired
me to keep it for him until he did call for it; some time after
I had business to go out, I went into town, and had the watch
in my pocket; when I came back, my children told me that the
constable had been there to search the house for it, which much
surprised me; I went and threw the watch into the necessary
house for fear I should come into trouble.

JOHN FUSSELL--I had this handkerchief from Mahony on the 19th
of January last, the night when we took him, I found it on his
neck; when he was seized he took it off; I took it out of his
hand, it was bloody then as it is now, I put it into my pocket.

_John Mitchel_, the chief clerk to the Town Clerk, produced the examination of Matthew Mahony, taken before the Mayor, voluntarily signed by Mahony in the Mayor's presence, and signed by the Mayor.

_Clerk reads the Examination in these words:_

City and county of Bristol, to wit. The voluntary Examination
and Confession of Matthew Mahony, a native of Ireland, aged
about 21 years. This Examinant confesseth and saith, That about
sixteen or seventeen days ago, and several times since, he was
desired by Mr. Goodere, captain of the _Ruby_ man-of-war, now
lying at King-road, in the county of the city of Bristol, to
seize his, the captain's, brother, sir John Dineley Goodere,
bart., and bring him on board the said man-of-war; and that on
Tuesday last, this examinant, and the crew belonging to the
man-of-war's barge, and Edward Mac-Daniel, John Mac-Graree, and
William Hammon, privateer's men, were placed by the said
captain at the White-Hart alehouse, opposite St. Augustine's
Church, in order to seize sir John Dineley Goodere that day;
but it so happened that the captain forbid them to do it then.
And that on Sunday last, this examinant, the said barge's crew,
or the greatest part of them, and George Best, cock-stern of
the barge, the said Edward Mac-Daniel, John Mac-Graree, William
Hammon, and one Charles Bryer, privateer's men as aforesaid,
were again placed at the White-Hart aforesaid, to seize the
said sir John Dineley Goodere, and waited there for some time;
and he coming out of Mr. Jarrit Smith's house, and coming under
St. Augustine's church-yard wall, this examinant and his
comrades pursued him, and near the pump there they came up with
him, and told him there was a gentleman wanted to speak with
him; and he, asking where the gentleman was, was answered, a
little way off, and he went quietly a little way; but no one
appearing, he resisted and refused to go; whereupon this
examinant and comrades sometimes forcibly hauled and pushed,
and at other times carried him over St. Augustine's butts,
captain Day's rope-walk, and along the road to the hot-well
(captain Goodere being sometimes a little behind, and sometimes
amongst the crowd all the way), till they came to the slip
where the barge lay. But sir John was very unwilling to go,
made the utmost resistance, and cried out murder a great many
times; and when he was put into the barge, called out and
desired somebody would go to Mr. Jarrit Smith, and tell him of
his ill-usage, and that his name was sir John Dineley;
whereupon the captain clapt his hand on sir John's mouth to
stop him speaking, and told him not to make such a noise, he
had got him out of the lion's mouth (meaning the lawyer's
hands), and would take care he should not spend his estate; and
bid the barge men row away, which they did; and in their
passage to the man-of-war, the two brothers bickered all the
way. But when they came to the man-of-war, sir John went on
board as well as he could, and the captain took him down into
the purser's cabin, and stayed a little time with him, and
treated him with a dram of rum, and then left him for a
considerable time; and in the interim sent for this examinant
into his, the captain's cabin, and there told this examinant he
must murder his brother, for that he was mad, and should not
live till four o'clock in the morning; and this examinant
reasoning with him, and telling him he would not be concerned
and that he thought he had brought him there with intent only
to bring him to reason, and take care that he should not spend
his estate in law, and to have a perfect reconciliation: but
the captain still insisting, that this examinant had taken him,
he should do it; and this examinant then saying, he was not
able to do it of himself, the captain replied, if this
examinant could get nobody else, he and this examinant must do
it themselves. And then ordered him to call one Elisha Cole;
and he being too drunk to undertake such an affair, bid this
examinant call one Charles White, a very stout lusty fellow,
and the captain gave him a dram, and bid him sit down, and soon
gave other drams, and asked him if he could fight, and told
him, Here is a madman, he must be murdered and thou shalt have
a handsome reward. And this examinant, the said Charles White,
and the captain, all being agreed to murder the said sir John
Dineley Goodere, the captain then proposed the method, and
produced a piece of half-inch rope about nine foot long, and
Charles White having made a noose in the rope, the captain
said, applying himself to this examinant and the said Charles
White, You must strangle him with this rope, and at the same
time gave the handkerchief now produced, that in case he made a
noise, to stop his mouth; and said, I will stand sentinel over
the door whilst you do it; and accordingly instantly went out
of his own cabin, and turned the centinel from the purser's
cabin-door, and let this examinant and White into the purser's
cabin, where sir John Dineley Goodere was lying in his clothes
on a bed. The captain having pulled to the door, and standing
centinel himself, the said White first strangled sir John with
his hands, and then put the rope about sir John's neck and
hauled it tight, and sir John struggled, and endeavoured to cry
out, but could not. And this examinant confesses, that whilst
White was strangling sir John, this examinant took care to keep
him on the bed, and when one end of the rope was loose, this
examinant drew and held it tight; and thus each bore a part
till sir John was dead; and they having rifled the deceased of
his watch and money, knocked at the door to be let out; and the
captain called out, Have you done? they replied, Yes. He opened
the door, and asked again, Is he dead? And being answered in
the affirmative, and having a light, swore, by God, he would be
sure he was dead; and then went in himself, and returning,
locked the door, and put the key in his pocket, and they all
went together to the captain's cabin again, and there this
examinant gave the captain sir John's watch, and the captain
gave this examinant his own watch in lieu of it; and then the
captain gave them both some money, and White afterwards gave
this examinant eight guineas as part of the money he took out
of the deceased's pocket, and then the captain ordered them to
be put on shore in his own boat. And further this examinant
confesses and saith, That before and after the murder was
committed, the captain, Charles White, and this examinant
consulted what to do with the corpse; and the captain proposed
to keep it two or three days in the ship, and, as he expected
to go to sea, would sew it up in a hammock, or something else,
and there throw it over-board. And that before this examinant
and his comrades were sent to seize sir John, as is before set
forth, they were ordered by captain Goodere, that, if they met
with any resistance, they should repel force by force, and were
prepared with short heavy sticks or bludgeons for that
purpose.

MATTHEW MAHONY.

The Recorder cautioned the jury that this statement was evidence against Mahony only, and was not to be taken as evidence against Goodere.

_Vernon_ said that this concluded his evidence as to the facts; but that as Goodere had made a point as to the position of the ship, he would call evidence to show that the King Road had always been taken to lie within the city and county of Bristol; and that the sheriff's officers of Bristol had always used to execute both city and county process in the King Road.

_John Wint_ and _Lowden_ were called, and proved that they had served process out of the Mayor's and the Piepowder Court, and process issued out of the King's Bench, and the Common Pleas, and the Admiralty Court, in the King Road.

_Goodere_ being called on for his defence, said that he would call witnesses to prove that sir John was a lunatic, and that he was doing his best to take care of him.

_Mrs. Gethins_ said that Goodere had asked her for a garret to keep his brother in, for he was a madman; he made no secret of it. She had heard nothing about Mahony having five pounds a month to take care of him. She had heard Goodere talk with his own doctor about his brother.

_Mr. Marsh, sworn._

GOODERE--Did you go ashore in the morning about the king's
business, or what business did you go about?

MARSH--I had an order about eight o'clock the night sir John
was brought on board, to go up in the morning to Bristol for
the letters from the Admiralty, and about four of the clock in
the morning I was called up to go: but the lieutenant seemed
much disordered, and bid me come to him before I set out. I
waited on the lieutenant, and told him, that White and Mahony
said they had liberty to go on shore, that the captain had
given them liberty to go; the lieutenant said, he knew nothing
of it. But as it is always my way, before I carry anybody off,
I said, I would go to the captain and ask leave. I went to the
captain, and asked him, if White and Mahony had liberty from
him to go on shore? And he said, Yes, let them go.

GOODERE--Mr. Marsh, did you go upon the king's business, or on
purpose to take up these men?

MARSH--I went about the king's business.

VERNON--But it was after sir John was brought on board, that
Mr. Goodere ordered you to go up?

MARSH--Yes, Sir, it was.

VERNON--Did anybody else go up with you, besides Mahony and
White?

MARSH--No, there did not.

VERNON--Did Mr. Goodere give you orders to put them on shore in
any particular place?

MARSH--I will do justice between man and man: the captain did
not give me orders to put them on shore in any particular
place.

VERNON--Were they landed publicly or privately?

MARSH--I put them on shore at the Gibb, about six of the clock
in the morning.

GOODERE--Now, may it please you, sir, I shall show that Mahony
had business at Bristol that day by appointment, to receive
some wages that was due to him; for which purpose I shall call
Mr. Dagg.

_Abel Dagg_, the keeper of Newgate, had had one Mervin in his house as a prisoner for debt. Mahony had a claim against him for wages due to him before he was pressed, and Mervin wished to settle the matter with him. Accordingly Dagg had seen Goodere on the Tuesday or Wednesday before this matter, and he said that he would meet Dagg to accommodate the difference on the Monday following. The captain made the appointment to meet him on the Monday, but he told Taylor, an attorney, that Mahony would come on shore on Monday. He did not know that White had any business on shore on Monday.

_Bridget King_ was sworn.

GOODERE--Mrs. King, will you give the Court an account of what
you know of the lunacy of my brother sir John Dineley?

MRS. KING--Please you, my lord, I think he was mad; for he
would get up at two or three of the clock in the morning, and
call his servants up, and fall a-singing; and then he would go
to bed again, and swear it was but twelve o'clock at night, and
lie a-bed all day. He would send his boy out all over his
grounds to pick up stones, and have the wheel-barrow rattling
about the streets on a Sunday: he hath ringed the bell to call
his servants up to his bedside, and when they were come up, he
would ask them what they did there, and swear they were come to
shoot him? He himself hath gone over all his grounds on a
Sunday to pick sticks, and hath sent his servants to market
when there was none; and he would be busy in every thing, and
hang on the pot himself; and he hath been quite raving mad.

VERNON--Did you live as a servant to sir John?

MRS. KING--I lived as a servant with him in London, and he came
down for the air to Tockington; he brought me down to go to
Bath.

VERNON--How long did you continue with him?

MRS. KING--A twelve-month, sir.

VERNON--And how durst you venture to live so long with a
madman? He did not go mad for love of you, I hope? Have you
lived any time in Bristol?

MRS. KING--No.

VERNON--Then I suppose you came but now from London?

MRS. KING--Yes, I did.

GOODERE--Do you believe he was a madman?

MRS. KING--In the actions that I have seen by him, I have
reason to think he was a madman.

_Mrs. Mary Stafford, sworn._

GOODERE--Mrs. Stafford, will you tell his lordship and the jury
what you know of sir John's being a lunatic?