Cl. of Cr. Keeper set George Borosky to the Bar hold up thy hand which he did Thou standest convicted of Murther for killing Thomas Thynne Esq what canst thou say for thy self why the Court should not give Judgment upon thee to die according to the Law Interpreter He says he prays God to have mercy upon him Cl. of Cr. Tye him up Set Christopher Vratz to the Bar Interpreter He says he heare he is condemned but he was never rightly examined nor fairly tried Cl. of Cr. Set John Stern to the Bar Interpreter He says he did it for the Captain 's sake he went as a Second along with him Then the Prisoners being tied all up by the Executioner Proclamation was made for Silence during the pronouncing of the Sentence Mr. Recorder You the Prisoners at the Bar George Borosky Christopher Vratz and John Stern you have been all indicted for the Murther of a Gentleman of great Quality Mr. Thynne a great an heinous and a crying Crime that cries aloud for vengeance You have been brought to your Trial and tried indifferently by a Jury not consisting onely of the Country-men of the Party slain but compounded of Foreiners and Freeholders of the County too These impartial Men have found you Guilty and indeed the plainness of your Guilt is such that you your selves have acknowledged your selves Guilty For when you were apprehended your Guilt did so stare in your Faces and you could give so little an account how you had bestowed that time wherein he was murthered that you were forced to confess your interest in the Fact It is our Duty to pronounce the Sentence of the Law against you upon this conviction but it is also our usage to open the nature of the Crime for which the convicted Person is to suffer Death for the conviction of the Offenders themselves Now your Crime is one of the deepest die it is the wilfull shedding of innocent Bloud to which you could be led by nothing but what you are charged with in the Indictment the motion and seduction of the Devil This Crime of Murther is put into the highest and foremost rank When God himself had given Laws to the World under the Old Administration after the Command of honouring Father and Mother in the next place he forbids Murther This Crime you have committed and that with the most aggravating circumstances that I have ever known attend any Crime of this Nature It was committed upon a Gentleman of great Quality that was so far from giving you any provocation to it that you acknowledge your selves you never had any communication with him It was done upon a Day when you ought to have exercised and busied your selves in acts of Piety and religious Worship It was done in the Streets of the City near the King 's Royal Palace But the greatest circumstance of all is the doing it in such a manner that is it was done by way-laying a sort of killing the most unworthy the most base and the most ungenerous of all other For that it gives the party assaulted no liberty for any prevention or any defence by any prudence he can use and the consequence of it is as much as lies in the Malefactour to destroy as well the Soul as the Body by such an insidious Murther to take a Man out of this life before he can have any opportunity to prepare for another life Therefore in our publick solemn Prayers in our Church it has very justly and worthily been made part of our Liturgy to pray to be delivered from Murther and sudden Death You that are strangers in this Countrey if you had been tried and convicted of a breach of our Municipal Laws the peculiar Laws of this Kingdom much indulgence might be shewn to you because of your little acquaintance with the Law But that-is not your case your Offence is a transgression against the Law of God written in large Characters in the Nature of Man It is against the Laws of all Nations even your own Country from whence you come and any other Country whereever you could go are severe in their Laws against that by which you have broken the Law in so foul a Fact The very Barbarians could say This Man is a Murtherer and Divine Vengeance will not suffer him to live so that they all think the Divine Justice concern'd to revenge it You have slain this innocent Gentleman which is but a single distemper as it concerns him but if it should go unpunished it would turn to a pestilential contagion If such Assassinations and Murthers of Persons should not be severely punished it were a greater woe than ever was brought upon this Kingdom Therefore it is thought fit by his Majesty to make his Justice signal and exemplary upon those that have thus basely and inhumanely brought themselves under the consure of it That when the fame of this barbarous Action shall go abroad his Justice shall also be celebrated upon the Actors and that this kingdom is maintained by Justice I have but one thing more to say to you and that is in tenderness to you your selves You are to consider that you are to receive another Judgment than that you will be condemned by here and that you may be prepared for that is your great and your onely care Now it is Repentance that is the onely Antidote against the sting of Death You cannot be found innocent your selves acknowledge your guilt then let it be your care to be found penitent For that purpose you shall have the assistance of some of our learned Divines here and you will doe well to hearken to their good Counsels I pray God you may submit to Justice patiently and that your Contrition may be correspondent to your Crime that so you may obtain pardon and everlasting favour from God It remains onely that we pass the Sentence of Law against you which is this That you shall go from hence to the place from whence you came from thence to the place of Execution where you shall be severally hanged by the Neck untill you be dead And the Lord have mercy upon your Souls Then the Prisoners were carried away and the Court adjourned FINIS Books lately printed for T. Basset at the George in Fleetstreet THE most excellent Hugo Grotius in Three Books treating of The Rights of War and Peace in the First is bandled Whether any War be Just in the Second is shewed The Causes of War both Just and Vnjust in the Third is declared What in War is Lawfull that is Vnpunishable With the Annotations digested into the body of every Chapter Translated into English by William Evats B. D. A Discourse concerning The Laws Ecclesiastical and Civil made against Hereticks by Popes Emperours and Kings Provincial and General Councils approved by the Church of Rome shewing First what Protestant Subjects may expect to suffer under a Popish Prince acting according to those Laws Secondly That no Oath or Promise of such a Prince can give them any just security that he will not execute these Laws upon them With a Preface against persecuting and destroying Hereticks By a Cordial Friend to the Protestant Religion now by Law established in these Realms in 4 o. price 18 d. 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Tryal is once begun the Jury can neither eat nor drink till they have given their Verdict that is the Law and we can't change the Law therefore we cannot allow him the time he desires He knows what he is Accused of and has known it a good while and has had time to recollect himself and prepare himself Sir N. Johns My Lord he says the Jury are not yet together nor charged with him and therefore till the Jury are charged he thinks he may have time if your Lordship please to allow it L. C. J. Look you you must tell him that he is to understand that here is but one Indictment against the Principals and himself and we cannot Try this by piece-meals we cannot Try the Principals now and my Lord Coningsmark another time Sir N. Johns If it must be so he says he must throw himself upon your Lordship he hopes he shall have nothing but what is just and fair and he hopes your Lordship will be of Counsel to him as the Fashion of this Countrey is if any thing arises of Matter of Law he desires he may have the Advantage of it And if he can't have a day or two he says the Innocency of his Case will protect him Count Coningsmark knowing how Innocent he is won't stick for a day or two but he will be ready to be Tryed as your Lordship shall think fit he has Innocence on his side and that will protect him L. C. J. Let my Lord know that we will be careful in Examining all things that concern him Sir N. Johns He says he does not fear it my Lord having to do with such Honourable Persons nor doubt it at all L. C. J. Then Swear a Jury But look you my Lord Coningsmark consider this As the Gentlemen of the Jury come to be Sworn if you do dislike any of them you may except against them Sir N. Johns My Lord he says being altogether a Stranger here in England and not knowing any of the Persons he begs the favour of the Bench that he may have the Names of those that are Returned of the Jury and a little time to consider of it L. C. J. That we cannot do All we can do for you is we will take as much care as we can that you may have indifferent Persons and Persons of Quality L. C. J. North. Pray tell him the Law gives him the Priviledge of a peremptory Challenge Sir N. Johns He says my Lord he does not know who they are but they may be Persons that are touched and may have something of evil Will or Spleen against him His Father served against the King of Denmark and against the Poles and the Papists and his Father was a Protestant and served the Protestant Cause L. C. J. What Countrey-men are they Mr. Sheriff Under-Sheriff They are French and Dutch most of them I do not believe there is ever a Dane amongst them L. C. J. We will call all French-men if he had rather have them than Dutch Sir N. Johns He would very gladly have them all High Dutch if not that he may have some L. C. J. I thought he had excepted against the Dutch Sir N. Johnson No against the Danes for his Father in the Wars burnt their Towns L. C. J. Examine them as they come to the Book If there be any of the Roman Catholick Religion and don't let any such be Sworn Mr. Sher. Pilkington There is none such amongst them I dare say L. C. J. Sir Nat. Johnson tell my Lord he shall have no Roman Catholicks at all Sir N. Johns He thanks your Lordship He desires he may have the Pannel to look upon and he hopes that is an easie Favour L. C. J. Let him have the Pannel if it will do him any good He is a Stranger satisfie him in what we can Which was delivered to him and he looked it over L. C. J. Tell him as the Jury is called he shall have every one of the Outlandish-men and English-men brought before him Sir N. Johnson My Lord he thanks you for this favor L. Ch. Baron Sir Nath. Johnson tell the Count They call first an English-man then a Foreigner and they shall be brought to view L. C. J. Pray have you told the other persons that their time to challenge is before the Jury is sworn Sir N. Johnson The Polander says he can challenge none because he knows none L. C. J. What say the rest Mr. Vaudore They say they know no body and can except against no body Cl. of Cr. Call Sir Will. Roberts Who appearing stood up L. C. J. My Lord Coningsmark there is the Fore-man Sir N. Johnson He has nothing to say against him L. C. J. Then hold him a Book and Swear him Which was done Cl. of Cr. Call Mr. Downing Interpreter He says he is no Foreigner L. C. J. Then he must not be sworn Cl. of Cr. Moses Charas Who appeared Interpret He has nothing to say against him But he himself says he does not speak English but he desires to speak French Cl. of Cr. Then tell him in French he must lay his Hand on the Book and be sworn and hearken to his Oath Sir Fr. Winnington We challenge him for the King L. C. J. For what Cause Sir Fr. Winnington My Lord we take it that we need not shew any Cause unless there be any want of the Number in the Panel L. C. J. Then we must do him right and tell him what Advantage the Law gives him Tell my Lord you that understand English that this Gentleman is challenged for the King and if the King shew any good cause for it he must not be sworn else he must And the way for him to cause the King's Councel to shew their Cause if he desire it is to challenge all the rest Mr. Williams We wave our Challenge for the reason why we challenged him was because he did not understand English which will be no reason at all Then he was Sworn Cl. of Cr. Sir Henry Ingoldsby Sir N. Johnson He challenges him my Lord. Cl. of Cr. Sir William Gulston Sir N. Johnson He excepts against him my Lord. L. Ch. J. Does he challenge him in respect of what I said to him about the Outlandish Gentlemen that the King is to shew cause Or how does he challenge him Interpret My Lord he says he hears he is a Friend to Mr. Thynne L. C. J. Well let him be passed by then Cl. of Cr. Sir John Musters Who did not appear Sir N. Johnson He says my Lord he only desires indifferent persons Cl. of Cr. Henry Herbert Esq Sir N. Johnson He challenges him Cl. of Cr. Richard Paget Esq Sir N. Johnson He desires to see him L. C. J. Let him be brought into the middle that he may look upon the Prisoners Interpret He has nothing to say against him Then he was Sworn Cl. of Cr. James Bucgone Interpret He excepts against him Cl. of Cr. Claudius Derolee Interpret
the Laws of England afterwards Marry the Lady Ogle So that Mr. Thynne's Death was in prospect from the beginning Gentlemen We shall prove to you as I did in some measure open before that the Count himself was pleased to give express order that the Polander should have a good Sword bought him That before he came into England he was very much troubled by reason of the stormy Weather for fear he should be cast away that he lodged him in his own Lodging the Night before this Act was perpetrated and that Captain Vratz was the Morning before and immediately after with the Count. Another thing Gentlemen that I had almost forgot The Count was willing to be instructed in the Laws of England and inquired Whether a man might lawfully ride out upon a Sunday and being told That after Sermon he might he was very well satisfied and the day he inquired of it was the day that the Murder was committed After the thing was done Count Coningsmark the next Morning pretended he was to go to Windsor and leaves his Lodging but instead of going to Windsor being still in his disguise he goes to Rotherhith by the Water-side and there I think he continues two or three days in a Black Peruque and that is disguise enough for such a Gentleman And afterwards he goes to Gravesend but I think he was upon the Water some time before he thought it convenient to land and there he was surprized in this disguise And when he was surprized and taken he shew'd himself to be in great disorder but being charged with the Fact acknowledged nothing of the Matter but how it should come to pass that he should lie so long disguised upon no pretence that can be known and afterwards to pretend that he had a business to effect and then he was to go into France that will lye upon him to answer But these are the inducing Evidences that we give to you his keeping the Polander in his House his disguising of himself and his inquiring Whether if he Killed Mr. Thynne he might not Marry my Lady Ogle his flight the next day and pretending to go to Windsor when he went quite the other way and all in a disguise And these persons not having any appearance or any reason whatsoever for any particular quarrel to Mr. Thynne but the Count having some disgust to him upon the Terms that the Witnesses will tell you of by and by and being related to the Count we must leave it to you to judge whether these Gentlemen did it singly and purely upon their own heads or whether they were not set upon it by the Count. Sir Fra. Winn. My Lord I shall not trouble you with repeating of our Evidence but we will begin and call our Witnesses directly to prove the Murder done by these Gentlemen we will prove the Fact downright upon them and then we shall afterwards come to the Count. Mr. Williams My Lord first we will direct our Evidence to the Principals and then to the Accessory Call William Cole and William Ellers L. C. J. Swear some persons to Interpret the Evidence that shall be given I do it for the sake of the Aliens that are of the Jury for some of them understand no English and they will not know what to make of the Evidence if they do not repeat it to them in their own Language Then Vandore and Wright were sworn for the King Sir N. Johnson My Lord desires that the Doctor and the Taylor that are in Prison may be sent for to be here for they are Witnesses for him Sir Fra. Winn. We desire they may be here too for they are Witnesses for the King and I believe they are here my Lord. Sir N. Johnson Mr. Vandore does not speak French Sir Will. Roberts Mr. Craven speaks Dutch and French very well Mr. Craven was sworn Sir N. Johnson The Count desires the favor of Pen and Ink. L. C. J. Let the Count have Pen and Ink. Mr. Williams Call William Cole and William Ellers Who appeared and were sworn Which is William Cole set him up Acquaint my Lord and the Jury how Mr. Thynne was Assaulted and the manner of it Cole My Lord my Master was coming up St. James-street from the Countess of Northumberlands Sir Fra. Winn. Name your Master Mr. Williams Who was your Master Cole Mr. Thynne And I had a Flambeau in my hand and was going before the Coach and coming along at the lower end of St. Albons-street I heard the Blunderbuss go off so upon that I turned my Face back and saw a great smoke and heard my Master cry out he was Murdered and I see three Horsemen riding away on the right side of the Coach and I pursued after them and cryed out Murder I ran to the upper end of the Hay-Market till I was quite spent and was able to go no further and turning back again my Master was got into the House and I understood he was wounded that is all I know Mr. Williams You say you heard a Blunderbuss go off and turning back you saw three Men riding away from the Coach Cole Yes Mr. Williams Look upon the Prisoners at the Bar Can you say all them or any of them were the men Cole No I cannot I did not see their Faces but I saw the Horse of one of them was a little Bay Horse Mr. Williams But do you take any of them Men to be one of the three Cole I did not see any of their Faces Sir Fra. Winn. What time of Night was it Cole A quarter after Eight Sir Fra. Winn. Pray what day of the Week Cole Sunday Sir Fran. Win. What day of the Month Cole The 11th or 12th of February Sir Fran. Win. Then where is William Ellers Pray do you tell the Court and the Jury how Mr. Thynne was Wounded and by whom and what you know of it Ellers My Lord I came with my Master from St. James-street from my Lady Northumberland's and as I came at St. Albans-street there came three Men Riding by the right side of the Coach and as they Rid one of them turned about and bid me stop you Dog and just as I looked about the fire was let into the Coach upon my Master and the Men ran away as fast as they could Sir Fran. Win. How many were there of them Ellers There were three Sir Fran. Win. Were those Men at the Bar or any of them the Persons Ellers I cannot tell Sir Fran. Win. What were the words they said when the Coach was stopped Hold hold or stop you Dog Mr. Williams What Condition was your Master in then Was he shot then Ellers Yes Mr. Williams We will give you some Evidence now out of their Examinations L. C. J. You had best give some Evidence of his Wounds Mr. Williams Yes we will Call Mr. Hobbs the Chirurgeon L. C. J. Look you Mr. Craven you hear what these Witnesses say tell it to the Gentlemen of the Jury
heard Mr. Thynne was kill'd Mr. Hanson I heard it I believe about eight a Clock in the evening on Sunday Sir Fra. Winn. Had you any Discourse with the Count about the Murder Mr. Hanson Yes I had Sir Fra. Winn. Pray tell what that Discourse was Mr. Hanson I was at Whitehall till ten of the Clock and then I went to the Count but I desire this may not be taken as an extraordinary Visit because I used to go to him on the Sundays in the Evenings and those 3 sundays before he was taken I used to come to him in the Evening after I had been at Whitehall When I came into his Lodgings I found him in his Night-cap and Night-gown he asked me what News I told him I could tell him great News and that was of the killing of Esq Thynne who was Shot in his Coach The Embassador of Savoy had told me all that he had heard about it and I told it him After I had spoken of this Business he asked me where his Brother was I told him his Brother was at the Duke of Richmonds And after some Discourse I went away Sir Fra. Winn. When you told him of the Murder of Mr. Thynne did he make no Answer nor say any thing about it Mr. Hanson He did not make me any Answer by which I could conclude that Count Conningsmark was any way concerned in the Business Sir Fra. Withins Pray Sir I ask you upon your Oath the Count is a man of great Quality himself When you told him of such an horrid Murder what did he say nothing about it Mr. Hanson He asked me several Questions what the People did say but I would not make any mistake Sir Fra. Winn. Tell all he said Sir about it Mr. Hanson I told him the greatest News I heard was the killing of Mr. Thynne and I told him who brought the News and I told him the Court was heartily angry at it that such an Accident should happen and I said it was an Italian trick not used in England Sir Fra. Winn. What said he then Mr. Williams Pray do you remember what he said Mr. Hanson What I have Answered now He made me such Questions upon this story as I have told you L. Ch. J. Let him explain himself pray as near as you can relate what Discourse you had with Count Conningsmark that Sunday night after you came to him and told him of the Murder Sir Fra. Winn. What did he say to you Mr. Hanson I will tell you my Lord the Count was surprized as every man would be to hear of so sad an Accident and so the Count asked me what the People said so I told him what I heard at Whitehall I cannot call to my memory all the Particulars but I said the King was heartily sorry and all the Court for so sad an Accident and I must wrong my self or Count Conningsmark if I should undertake to relate exactly what passed for I cannot remember it Mr. VVilliams But you said just now that you told the Count it looked like an Italian Trick not used in England Mr. Hanson Yes I did so Mr. VVilliams What did he reply to that Mr. Hanson Not a word Mr. VVilliams Did he mention any thing of Fortifications to you then Mr. Hanson Yes he gave me a Plain or a Draught of a Fortification done with his own Hand and that was all the discourse Mr. VVilliams So then he diverted the discourse to the business of Fortification L. Ch. J. The Evidence is heard what it is that he ended all the discourse with shewing him a Paper of Fortifications Sir Fr. VVin. But this he does say He asked him what the people did say of it Mr. Hanson For my Life I dare not say I remember any more than I have told L. Ch. J. Look you Sir now will you in French deliver this for the benefit of those Jury-men that don't understand English Mr. VVilliams We pray my Lord our Interpreter may do it L. Ch. J. When a Man can speak both Languages he needs no Interpreter he is his own best Interpreter Mr. VVilliams My Lord I will tell you why I ask it there is a great deal of difference I find where you examine a man with the Hair and where you examine him against the Hair where you find it difficult to make a man answer you will pump him with Questions and cross interrogate him to sift out the Truth now if you leave this Man to the interpretation of what he hath said himself he will make a fine Story of it and we shall be never the wiser L. Ch. J. You may examine him in French if you will Mr. VVilliams And I understand none but Pedlers French Sir Fr. VVin. The truth of it is what your Lordship says cannot be opposed regularly but I do appeal to your Lordship and all the Judges and all the Court whether this man does answer like an ingenuous man you see he shifts L. Ch. J. I do not see it nor do I believe any see he shifts in any thing you ask of him either he tells you what the Question is or the reason of it how far that is a Reason is left to the Jury to consider Sir Fr. Win. Certainly it can do no hurt to have an Interpreter L. Ch. J. North. My Lord if there be two ways to take 't is best to take that which will give satisfaction to all Persons let him be asked by the Interpreter what Questions the Counsel would have answered and then let him to tell his Answer in French L. Ch. J. If that be liked better let it be so Mr. Craven can you tell the substance of the Evidence that this Gentlemen hath given Mr. Craven No I cannot his Evidence has been so long and so many cross Questions have been asked Sir Fr. Win. I would spare your time L. Ch. J. But this is the way to spend our time Sir Fr. Win. I know your Lordship does not value time in such a case as this is but you would have the Truth found out L. Ch. Just You must repeat first the discourse you had with Count Conningsmark Sir Fr. Win. My Lord we will reduce it to two or three Questions Mr. Craven will you please to ask him what discourse he had with Count Conningsmark Mr. Craven He says the discourse he had with Count Conningsmark about the Polander was that he came over as a Groom to serve him to look after his Horses that he had occasion for several English Horses and English Servants to look after them as Grooms and among the rest of his Grooms he intended the Polander should be one to dress his Horses after the German way Sir Fr. Win. So far he goes as to that That the Polander came over to serve the Count. L. Ch. J. Look you Sir does not he tell you the Count had a purpose to buy Horses here Mr. Craven He says there was a discourse about Bills of Exchange
while after returns again and Mr. Hanson comes in with him he asked me why I did not come sooner I told him I had some other Business I was with some French Merchants to look upon some Goods So he bid the Pole pay me for my trouble and take up his things and go along with him and he did do so and I never saw the Pole afterwards L. Cb. J. You that are the Interpreters repeat what he bath said to the Jury which was done Sir Fr. Win. We have done with this man the use we make of him is to follow this Polander and we shall bring him to the Count by and by Call Dr. Frederick Harder who was sworn L. Ch. J. The Doctor understands English don't he Sir Fr. Win. Yes we are told he does Mr. Williams How long have you known the Count that stands there at the Bar Dr. Harder I have known him a good while it may be this four or five Years I have known him four or five Years Mr. VVilliams How long have you known Captain Vratz Dr. Harder About a Year and a half or two Years Mr. VVilliams Was my Lord and Capt. Vratz acquainted then Dr. Harder Yes Mr. Williams Was he in employment under my Lord was he in the Counts Service Dr. Harder He was with the Count but whether he was his Companion I cannot tell Mr. VVilliams Did he live with the Count Dr. Harder Yes Mr. VVilliams Did Capt. Vratz when the Count came last over into England come over with him Dr. Harder Yes by my knowledg L. Ch. J. Do you know it or not Dr. Harder Capt. Vratz came to me and told me my Lord desired to speak with me and I went with him to my Lord. Sir Fr. Win. Was that the first Message you received from the Count Dr. Harder Yes it was Mr. Williams How long was that ago Dr. Harder The same day the Morocco Embassador did exercise in Hide-Park Sir Fr. Win. How long is that ago Dr. Harder About a month ago Sir Fr. Win. What was that his first Lodging after he came last into England Dr. Harder It was in the Hay-market L. Ch. J. Was it a corner House as the other Witness saith or not Dr. Harder Yes it was Mr. Williams Was the Count a private Lodger there Dr. Harder He lay in his Bed when I came to him he came as a Traveller privately Mr. Williams Did he go by his own Name or another Name Dr. Harder No Body did question him about his Name but when I did come to him I did discourse him about his Body Mr. Williams Pray Sir thus you went often to visit him pray did you enquire for him by his own Name or any other Name Dr. Harder He desired that he might be private because he was to take some Medicines and he would not have it known Mr. Williams Now Sir I would ask you did you observe him to be in any Disguise Did he wear a Perriwig or how Dr. Harder He had a Perriwig Mr. Williams Was it a fair Perriwig or what colour Dr. Harder It was brown or black Sir Fr. Win. Sir was he in a disguise or no Dr. Harder He had his own Clothes but he had a Perriwig Sir Fr. Win. Pray what Name did he go by his right Name or any particular Name Dr. Harder In the first beginning I gave him no Name but said he to me If any Body ask you about me I would not be known for if they know that I lie privately thus they will think I ail some ill Distemper therefore I would have you call me by the Name of Carlo Cuski Mr. Williams Were you with him pray Sir upon the Sunday Morning that Mr. Thynne was murdered Dr. Harder I cannot certainly tell but I was with him in the afternoon Sir Fr. Win. Pray call your self to mind Sir Dr. Harder I cannot certainly tell Sir Fr. Win. What time were you with him in the Evening Dr. Harder At nine a Clock at night or thereabouts Mr. Williams Did you receive any Letter from Capt. Vratz at any time Dr. Harder I did upon Saturday morning the Saturday before Mr. Thynne was murdered Sir Fr. Win. Have you that Letter about you Dr. Harder No. Sir Fr. Win. What was in the Letter Dr. Harder He desired me to go to the Count who had a desire to speak with me I came there and had some speech with him about his Indisposition I told him he had better stay till next day before he took Physick because it was cold Weather And after that went with the Polander to my Lodging and the Captains man came in and then said here is a man that will direct you to Capt. Vratz Lodging which I did not know Mr. Williams Look you Sir you say you went to the Count Did you shew the Count that Letter from Capt. Vrats or no Dr. Harder The Count saw it Mr. Williams Then hear a little When was it you shew'd the Letter to the Count Was it Saturday or Sunday Dr. Harder It was Saturday Mr. Williams Now was the Polander then in the Count's Lodgings or no Dr. Harde Yes he was Mr. Williams Was there any discourse about him then Dr. Harder I had never seen him in my life Mr. VVilliams But was there any with the Count Dr. Harder No not at all Sir Fr. VVin. Then upon your Oath I ask you once more Was the Polander ever in Company with you and my Lord at any time Dr. Harder No. Sir Fr. VVin. Upon the Sunday upon your Oath Dr. Harder No. Sir Fr. VVin. Nor the Saturday evening Dr. Harder No I have not seen him since that morning when the Captains man took him along with him to his Master Mr. Williams Pray how came the Polander into your company on Saturday morning Dr. Harder I had him from my Lords that morning Mr. Williams Then my Lord and the Polander were together Dr. Harder No they were not together Mr. VVilliams Was the Polander in my Lord's Lodgings Dr. Harder Yes the Polander was below stairs Mr. VVilliams And did you take him from the Lodging Dr. Harder Yes I did Mr. VVilliams How long did he continue with you Dr. Harder Not at all I went home with him Mr. VVilliams Had you no discourse with him Dr. Harder No none at all Mr. VVilliams Where did you part with him Dr. Harder I brought him to my House and when he came in a Doors the Captain 's man being there I told him there was a man would shew him the Captains Lodgings and he took him away along with him Mr. VVilliams You say the Captains Man had the Polander from you pray name that man Dr. Harder I cannot tell his Name Mr. VVilliams Was his name Berg Dr. Harder I believe it was Sir Fr. VVin. You say you delivered a Letter from Capt. Vratz on Saturday morning to the Count Dr. Harder Yes Sir Fr. VVin. Did the Count read the Letter and tell you the Contents of
Count's Lodgings Dr. Harder Yes upon Saturday morning Mr. Williams Then he came along with you from the Count's Lodgings Dr. Harder Yes to my House Mr. Williams And you parted with him there Dr. Harder Yes the Captains man took him away with him Mr. Williams That was Berg wa'nt it Dr. Harder Yes Then this Evidence was interpreted to the Jury Mr. Craven He desires the Jury should know what the Doctor said about his Sickness L. Ch. J. Let it be repeated to them Mr. Craven He desires to know whether he may not speak it in French himself L. Ch. J. No the Interpreter must do it which was done My Lord would you ask any more Questions of the Doctor Count Conn No more Questions but them I have asked Sir Fr. Win. Call Thomas Howgood who was sworn Mr. Williams Pray did you sell any Sword to the Count Mr. Howgood I sold a Sword to the Governor a broad Horseman's Sword Mr. Williams When was this Mr. Howgood On Saturday was fortnight Mr. Williams What time was it that he bespoke it Mr. Howgood He bespoke it half an hour after six at night Mr. Williams What did he say to you when he bought it Mr. Howgood He said he would call for it about eight a Clock at night when he came from the Play Mr. Williams What kind of Sword was it Mr. Howgood An Horseman's Sword as broad as two fingers such as the Gentlemen of the Guards wear Sir Fr. Win. When he came for the Sword what said he Mr. Howgood He was angry it was not done and I told him that I would send it to him quickly Sir Fr. Win. Where was it sent Mr. Howgood To the Governor's Lodgings at the Academy Mr. Williams Now my Lord we will call several Persons that were privy to the concealing of this Gentleman that can give you a better account Richard Hays and Robert French Robert French appeared and was sworn Sir Fr. Win. Pray will you tell my Lord what you know of the Count 's concealing himself and changing his Habit. Mr. French I never saw him my Lord before I came here in Court but it seems he did lodg in my House three or four days Sir Fr. Win. How long is it since Mr. French Between three weeks and a month ago just ten days before the Murder Sir Fr. Win. What Name did he go by then Mr. French I did not know his Name Sir Fr. VVin. Who used to resort to him at that time L. Ch. J. You say Sir you saw him not what company did come to him Mr. French I did not see him indeed Sir Fr. VVin. Pray did Capt. Vratz come to him to your House Mr. French He lodged with him all the time Sir Fr. VVin. You say you know Capt. Vratz was there Mr. French Yes Mr. VVilliams Did Dr. Harder use to come to him Mr. French Yes several times a day Mr. VVilliams What Name did he enquire for him by Mr. French The Doctor took the Lodging and it was for a stranger I heard no Name at all Interpreter My Lord desires to know whether you did not suspect he took Physick in the House Mr. French I suppose the Doctor did give you an account of that I don't know that he did Interpret Did not your Maid know of any such thing Mr. French My Maid is here she will give you an account Sir Fr. VVin. Call Ann Prince who was sworn Pray do you acquaint my Lord what you know of Count Conningsmark whether ever you saw him at your Masters House in the Hay market Prince Yes he lodged there Mr. VVilliams When Prince He came thither last Friday was a month Mr. VVilliams How long did he stay there Prince Till VVednesday Mr. VVilliams At that time who used to frequent his Company Prince I know no Body but the Doctor that used to come to him Mr. VVilliams What Name did he go by Prince No Name at all as I know of they did not ask for him by any Name Mr. VVilliams Did the Captain use to come to him L. Ch. J. Her Master says he did lie there Prince Yes he used to lodg there Mr. VVilliams Did the Captain give him any Physick L. Ch. J. No but the Doctor did Sir Fr. VVin. He only asks a merry Qustion L. Ch. J. But we are now upon the Life and Death of a man pray let us have those Questions asked that are serious not such light things as are permitted in ordinary Cases Sir Fr. VVin. Now my Lord we will call Francis VVatts Mr. Craven Maid my Lord asks whether he did not take a Vomit in your House Prince Not that I know of Then Francis Watts was sworn L. Ch. J. How old is the Child Fr. VVatts Fifteen Years old last Christmass L. Ch. Baron Ask him whether he understands what an Oath is Mr. Thynne He was sworn before the King and Council L. Ch. Baron If he were sworn before the Council he may give Evidence here sure Sir Fr. VVin. Were you at the Counts Service at any time VVatts Yes Sir Fr. VVin. How long VVatts I was with him eleven days I came to him upon the Friday Sir Fr. VVin. How long was it before the Death of Mr. Thynne VVatts I think it was ten days before the Death of Mr. Thynne Sir Fr. VVin. What was your Employment with him VVatts His Boy to wait upon him Sir Fra. Winn. Did you lye in the same Lodging Watts No at my Fathers Sir Fr. Winn. What was the Agreement between your Father and the Count Watts Six pence a day and my diet Sir Fr. Winn. What Company did you observe came to the Count's Lodgings Watts That Gentleman there in the black Perriwig Sir Fr. Winn. Was he often with your Master Watts Yes every day Sir Fr. Winn. How many Lodgings had he while you were with him Watts Three one in the Hay-market and one in Rupert-street and then the last in St. Martins Mr. Williams Thus Child Do you remember the time of killing Mr. Thynne Watts Yes Mr. Williams Were you in your Master's Service then Watts Yes I was Mr. Williams Who was in your Master's Company that morning before Mr. Thynne was killed Watts I came up as I used to do in the morning to my Master and he aked me what was the matter with the bustle in the Street and I told him some body was taken upon suspicion for killing Esq Thynne Sir Fr. Wynn. That was on the Monday morning but the Sunday morning before what Company did you observe there then Watts I cannot tell any thing exactly of the Sunday morning Sir Fr. Wynn. Was Captain Vratz there Watts I can't exactly remember Sir Fra. Winn. What time in the Evening was it reported Mr. Thynne was kill'd Watts About eight a clock Sir Fra. Winn. Can you tell who brought the first news Watts One of my Lady Seymour's Maids who was telling the People of it below Sir Fra. Winn. Did you observe any body come to