Mr. At. Gen. What then became of the others Pomfret Mr. James and Mr. Dockwra and my Lord of Warwick went away and my Lord of Warwick desired particularly that we would all take care of Mr. French for he was his particular Friend and Mr. French continued there till Sunday about One of the Clock Mr. At. Gen. Was there any Discourse at that time about Mr. Coote Pomfret Not that I heard of one Word Mr. Att. Gen. Was there any notice taken of any Quarrel that happened between any Body and who Pomfret No indeed I did not hear them take notice of any Quarrel at all between any Body Mr. At. Gen. You say Mr. French when he came into your House was wounded and there was Care particularly taken of him because he was wounded Pomfret Yes my Lord of Warwick desired to take Care of him Mr. At. Gen. Then pray was there no Discourse how he came to be wounded Pomfret Indeed I do not know how he came to be wounded nor did I hear one word of Discourse about it indeed I cannot say any thing who wounded him Mr. At. Gen. Pray will you recollect you self and tell my Lords what sort of Handle had my Lord of Warwick's Sword when you saw it Pomfret It had a Steel handle Mr. At. Gen. Pray can you tell whether the Shell was open or close Pomfret I cannot tell justly I saw it and that was all Mr. At. Gen. If I apprehend you you say my Lord had a Wound in his Hand Pomfret Yes my Lord he had so Mr. At. Gen. Pray in what Hand was it that he was wounded Pomfret To the best of my remembrance it was in his Right Hand Mr. At. Gen. Pray did there appear much blood there Pomfret Yes my Lord indeed there did Mr. Serj. Wright You talk of Mr. James and Mr. Dockwra's Swords pray in what Condition were they Pomfret Mr. Dockwra's Sword by his side and not drawn Mr. Serj. Wright What did you observe of Captain James's Sword Pomfret His Sword was Naked and he had lost his Scabbard but how that came I cannot tell and there was Dirt on one side of the Sword and he said he had left his Scabbard behind him Mr. At. Gen. Was there any Blood upon his Sword Pomfret No there was no Blood that I did see upon it Mr. At. Gen. Pray did you see any Blood upon Mr. Dockwra's Sword Pomfret No indeed I did not see Mr. Dockwra's Sword it was in the Scabbard by his side D. of Leeds My Lords There has been notice here taken of several Swords that this Witness saw and he takes so far notice of my Lord of Warwick's Sword that he tells you what sort of Hilt it had and how it was bloody from the Point to the Hilt I desire he would give you an account of the Length and Breadth of the other Men's Swords Mr. French Mr. James and Mr. Dockwra L. H. St. You said just now that you took notice of my Lord of Warwick's Sword that it was bloody from the Point to the Hilt what sort of Sword was it Pomfret It was a pretty broad Sword L. H. St. Did you take notice of the other Swords what Breadth or Length they were of Pomfret No my Lord I did not Mr. At. Gen. Which was that Sword that was Dirty as you say Pomfret That was Captain French's Mr. At. Gen. Was that a broad Sword or not Pomfret No it was not Mr. At. Gen. Pray was it over Night or next Morning that you saw the Swords Pomfret It was in the Morning about Three a Clock Mr. At. Gen. What time did my Lord of Warwick and Mr. James and Mr. Dockwra go away Pomfret My Lord of Warwick and they were gone several hours before Mr. French and to the best of my Remembrance Mr. James broke his Sword upon the Floor after he came in Mr. At. Gen. Pray what Swords were there in all that you saw there Pomfret There was Captain French's Captain James's my Lord of Warwick's and one Mr. Coote's as Mr. French said when it was brought in L. H. St. Have you done with this Witness Mr. Attorney Mr. At. Gen. Yes my Lord we have L. H. St. My Lord Warwick Will you ask him any Questions E. of Warwick No my Lord. L. H. St. Then Mr. Attorney call your next Witness Mr. At. Gen. Our next Witness is Thomas Goodall who is a Servant at the Bagnio in Longacre as well as this Man that was last He was Sworn L. H. St. What Questions do you ask him Mr. Attorney Mr. At. Gen. My Lord I desire he would acquaint your Lordships What time it was my Lord of Warwick and Capt. French came to his Master's House Goodall It was between One and two of the Clock in the morning Mr. At. Gen. My Lord I desire he would acquaint your Lordships what he saw and knows that passed at that time Goodall All that I can say is That I did see my Lord Warwick's Sword bloody and it was naked in his Hand and I did see a Wound on his Hand Indeed I did not see him when he first came in for he had been there a pretty while before I savv him Mr. At. Gen. Pray in vvhat Condition vvas my Lord vvhen you savv him Goodall He had his Svvord in one Hand and it vvas bloody at the Blade and at the Hilt but vvhether it vvas bloody all over indeed I did not take notice of it and so cannot give an account Mr. At. Gen. Pray What sort of Svvord vvas it Goodall Indeed I cannot give an account what sort of Sword it was but it was either Steel or Silver Gilt as I remember but I did take notice that there was Blood upon the Hilt that is upon the Shell Mr. At. Gen. Was it an open Shell or a close one Goodall I think it was a Close one Mr. At. Gen. Pray Did my Lord of Warwick give any Order to be denied in the House or for any Concealment there Goodall Indeed I did not hear of any Orders given for Concealing of any body there but my Lord walked up and down very much Concerned Mr. At. Gen. Did not Mr. French come in with him Goodall I do believe he might but I cannot say I saw him when he came in Mr. At. Gen. Can you tell when Mr. James and Mr. Dockwra came in how long was that after my Lord of Warwick was there and Mr. French Goodall To the best of my remembrance and knowledge it was half an hour after my Lord of Warwick and Mr. French came that Mr. James and Mr. Dockwra came I am sure it was so before I saw them in the House but indeed I cannâ—t say directly when they came in or when they went out Mr. At. Gen. Pray Which Hand of my Lord of Warwick was it that was hurt the Right or the Left Goodall Indeed I cannot positively say but I think it was the Right Hand Mr. At. Gen. You talk of
Lord Warwick or my Lord Mohun particularly and which say whither they would be carried Cawthorne I did hear my Lord Mohun say Captain Caote should go and lye with him or he would go and lye with Capt. Coote that Night for there should be no quarrelling Mr. At. Gen. Did they upon that go away Cawthorne Mr. French and Mr. Coote were in Chairs before my Lord Mohun or my Lord Warwick or any of the rest Mr. At. Gen. What then happen'd upon their going into the Chairs Cawthorne My Lord Mohun came out to them and swore there should be no Quarrel that Night but he would send for the Guards and secure them Mr. At. Gen. What happen'd then Cawthorne Upon that both of them came out of their Chairs and came into the House and there they came to the Bar three of them in the passage by the Bar and three of them behind that passage M. At. Gen. Pray will you tell what did really apass throughout the whole Transaction what was done after they came in again into the House Cawthorne After that I was bid to call for Six Chairs if I could get no Coaches and so I did and when I had brought what Chairs I could get and returned to the Bar I heard the Swords clash when the Swords were drawn I cannot say nor by whom it might be by all the six for ought I know because I was in the Street to call the Chairs and when I came back to the House I was in hopes all had been quieted for their Swords were putting up And when they went away in the Chairs I did hope they went away friendly Mr. At. Gen. Pray how did they go away who went together Cawthorne My Lord of Warwick my Lord Mohun and Capt. Coote went in the first three Chairs them three together and bid the Chair-men go home the sixth Chair was not then come Mr. At. Gen. When that Chair came pray what directions were given to it Cawthorne I did not hear them give the Chair-man any Directions at all Mr. At. Gen. Do you know any thing more that was done after this time Cawthorne No my Lord not after they wentaway after I return'd with the Chairs it was in two Minutes time that they went away Mr. At. Gen. My Lords I suppose he knows no more of the Matter L. H. St. Will you then ask him no more Questions Mr. Attorney Mr. At. Gen. No my Lords unless this Noble Lord shall ask him any Questions upon which we shall have occasion to examine him L. H. St. My Lord Has your Lordship any Questions to ask this Witness for now is your time the King s Counsel having done Examining him E. of War I desire to ask him whether I did not bid the Chair-men go home L. H. St. If your Lordship please to propose your Question to me I will require an Answer to it from the Witness and it will be the better heard by my Lords E. of War My Lord I desire to know of this Man whether when I went away in the Chair from his Masters House I did not bid the Chair-men go home L. H. St. Witness you hear my Lord's Question What say you to it Cawthorne Yes my Lord of Warwick did bid the Chair-men go home E. of Warwick Mr Lord I have another Question to ask him Whether he knows of any Quarrel there was between me and Mr. Coote at that time or any other time because we both used to frequent that House Cawthorne No my Lords I never heard any angry words between my Lord Warwick and Mr. Coote in my life Then the Lords towards the upper end of the House complaining that they did not hear his Grace the Lord High Steward was pleased to repeat the Question thus L. H. Steward When my Lord of Warwick bid the Chairmen go home or at any other time did you observe that there had been any Quarrel between his Lordship and Mr. Coote E. of Warw. My Lord I desire he may be asked since we both used that House Whether that night when I went away or before or after I had any Quarrel with Mr. Coote L. H. St. The Question my Lord dosires you that are the Witness to answer is Whether you did hear any Quarrelling or angry Words to pass between my Lord Warwick and Mr. Coote that night before or after they came down or when they went away or at any other time Cawthorne No my Lord I never heard any angry Words pass between them then nor ever at any time before in all my life but I always looked upon them to be very good Friends E. of Warw. I desire he may be asked Whether Mr. Coote did not come to that House in my Company and whether he did not frequently come to that House Cawthorne Yes they used to be there every day almost and they came that night together in Company E. of Warw. I desire he may be asked Whether I have not been frequently in his Company there Cawthorne Yes I say very frequently every day almost sometimes twice a day L. H. St. Would your Lordship ask him any other Question E. of Warw. My Lord I desire he may be asked this Question Whether he knows of any particular Kindness between Mr. Coote and me L. H. St. Do you know of any particular Kindness between my Lord Warwick and Mr. Coote the Gentleman that was killed Cawthorne Yes my Lord there was always a great Kindnefs between them as I observed it ever was so and I never heard any angry Words pass between them but they were very good Friends constantly I waited upon them generally when they were at my Master's House which was every day almost E. of Warw. I desire to know of this Witness Whether he does not remember or can name some particular Kindnesses that passed between Mr. Coote and me L. H. St. Can you specify any particular Instances of Kindness that passed between my Lord Warwick and Mr. Coote Cawthorne Yes my Lord of Warwick used generally to pay the Reckoning for Mr. Coote and he did so at this time E. of Warw. My Lord I desire he may be asked between whom he apprehended the Quarrel to be at this time L. H. St. You say Friend there were Swords drawn and a Quarrelling at the Bar Can you tell between whom the Quarrel was Cawthorne My Lord Warwick my Lord Mohun and Captain Coote were all on one side and the other three were on the other side E. of Warw. Who were the two Persons that it was apprehended the Quarrel was between I desire he may be asked L. H. St. You say there were three on the one side and three on the other pray between whom did you apprehend the Quarrel to be Cawthorne I believe the Quarrel was between Mr. Coote and Mr. French E. of Warw. My Lord I desire to know of this Witness what Words he heard Mr. Coote say after he and Mr. French returned into the House and came
out of the Chairs L. H. St. What do you say to the Question my Lord proposes Cawthorue I heard Mr. Coote say He would Laugh when he pleased and he would Frown when he pleased God damn him E. of Warw. My Lord I desire to know who he thinks those Words were addressed to L. H. St. To whom did Mr. Coote speak these words Cawthorne Whether he spoke them particularly to Mr. French or to the other two Gentlemen who were on the other side of the Bar I cannot directly tell E. of Warw. I desire to know of him Whether Mr. Coote was not one of the three that was on the other side of the Bar Cawthorne Yes my Lord of Warwick my Lord Mohun and Captain Coote were of the outside of the Bar. E. of Warw. Was Captain Coote with me in the beginning of the night at that House Cawthorne Yes he came at the beginning of the night with my Lord of Warwick E. of Peterb My Lords I desire to ask this Witness one Question L. H. St. I think it is proper my Lords in Point of Method to let both Sides have done before any Questions be asked by any of my Noble Lords E. of Peterb I did apprehend my Lord of Warwick had done L. H. St. No my Lord not as yet pray my Lord Warwick what other Questions has your Lordship to ask of this Witness E. of Warw. My Lord I desire he may be asked particularly this Question Whether he perceived any Quarrel particularly between me and Captain Coote when we went out of the House L. H. St. You hear the Question Did you perceive any Quarrel between my Lord Warwick and Mr. Coote before they went out of the House Cawthorne No I did not nor ever saw any Quarrel between them in my life E. of Warw. I desire to know who paid the Reckoning that night Cawthorne The Reckoning was called for before I came in to take it and tho' I think my Lord of Warwick paid for Mr. Coote yet I cannot so directly tell because it was collected before I came into the Room to receive it L. H. St. My Lord have you any thing more to ask this Witness E. of Warw. No my Lord at present that I think of L. H. St. My Lord Peterborough your Lordship desired to ask a Question will you please to propose it now E. of Peterb My Lord this Witness seems to take notice of two Sides who were on the one side and who were on the other and that Mr. Coote and my Lord of Warwick were on one side I desire to know one thing of him What Reason he had to apprehend that they two were of a side L. H. St. Friend you hear that Noble Lord's Question you seem to say they were three and three of a side What Reason had you to apprehend that my Lord Warwick and Mr. Coote were of one side You must explain to my Lords how you come to make that Judgment what Reason you had to think so Cawthorne They three my Lord Mohun my Lord Warwick and Mr. Coote were on the one side of the Bar and Captain James Captain French and Captain Dockwra were on the other side of the Bar. L. H. St. So you said before but the Question which my Noble Lord desires to be satisfied in is this How you come to speak as if there was a Quarrel between three and three What Reason had you to think that three were on side and three on the other Cawthorne Their Swords were all drawn and they stood three on one side of the Bar and three on the other E. of Rochester My Lords I desire to ask this Witness one Question I think he told your Lordship at first That he did not perceive any angry Words among them afterwards he comes to talk of Swords drawn amongst them all three on the outside and three on the inside of the Bar I desire to know what was the occasion of those Swords being drawn on the one side or the other Cawthorne Whatsoever Quarrel there was was amongst themselves above Stairs and I know no angry Words that passed between them when they came down to the Bar. L. H. St. See what you say How consistent one part of it is with another You said at first you did not hear of any angry Words that passed between them and yet you say All their Swords were drawn and three were on the one side and three on the other And when you were Examined upon the Motion of that Noble Lord what you meant by three on the one side and three on the other you said My Lord Mohun my Lord Warwick and Mr. Coote were on the one side Mr. James Mr. French and Mr. Dockwra were on the other side How could there be two sides unless there was a Quarrel Cawthorne I said I did not hear any angry Words pass between them before they came to the Bar or while they were above Stairs but there were three on the one side of the Bar and three on the other L. H. St. But you have not give a Satisfactory Answer to that Question which the Noble Lord my Lord Peterborough asked you What Reason you had to apprehend that the Noble Lord the Prisoner at the Bar and Captain Coote were of a side Cawthorne My Lord Mohun came to the Chair side when Captain Coote and Captain French were got into the two first Chairs and told Captain Coote That there should be no Quarrel that night but that they three my Lord Warwick my Lord Mohun and he should go home together and I took them three to be of a side because they were on the outside of the Bar together and when they all went away their three Chairs went away first all three together L. H. St. Is that all the Reason you can give why you say They were three and three of a side Cawthorne Yes my Lord I did apprehend it so Mr. At. Gen. If my Noble Lords have done with their Questions I desire to ask this Witness another Question My Lords I think this Person says That there was a Quarrel at the Bar of the House and Swords drawn and as he apprehended three were on the one side and three on the other but if I take him right I do not see that he has given your Lordships any manner of Satisfaction what Reason he had to apprehend there were three and three of a side or which will be very Material in this Case if your Lordships can get to the Knowledge of it which three were on the one side and which three were on the other or indeed whether there were three and three of a side as your Lordships will have Reason by and by to enquire a little further into that Matter My Lords I desire he may be asked this plain Question What Woâ—â—s or other Passages he did perceive that made him apprehend there was a Quarrel between them and they were three and three of a side
Cawthorne I apprehended it from the words that Mr. Coote said That he would Laugh when he pleased and Frown when he pleased Mr. At. Gen. Pray my Lord I desire he may be asked Who those Words were spoke to and who they were applied to Cawthorne They were spoke to Mr. James Mr. French and Mr. Dockwra who were withinside of the Bar. Mr. At. Gen. Did he apply those Words to all those particular Persons Cawthorne Yes as I thought for they Three were within the Bar my Lord Warwick my Lord Mohun and Mr. Coote were without the Bar. Mr. Att. Gen. Pray my Lord I desire he may be asked this Question Was that before the Swords were drawn or afterwards Cawthorne It was before Mr. Att. Gen. Then I desire he may be asked Whether the Swords were drawn upon those Words Cawthorne No my Lord the time of drawing the Swords was when I went out to call Chairs and Coaches and I know not who drew the Swords first or when they were drawn but when I came back I found them all drawn and I heard them Clashing Mr. Att. Gen. Upon the Oath you have taken Was those Words that you speak of Mr. Coote's That he would Laugh when he pleased and Frown when he pleased before the Swords were drawn or after the Svvords vvere dravvn Cawthorne Before the Swords were drawn for I did not see the Swords drawn till I came back L. H. St. Does either side desire to ask this Witness any Questions if not then you may withdraw and you may proceed Mr. Attorney to Examine some other Witness Lord Wharton My Lord there was a Question asked at the Bar about the hindring of the Quarrel and my Lord Mohun's desire to part them and make them Friends I desire the Witness before he goes away may be asked what he knows of that Matter L. H. St. It has been observed by my Lord that you said when they came down to the Bar and the Quarrel happened some body would have prevented it pray repeat that Matter again Did you observe any of the Company were disposed to take up the Quarrel and make them Friends and who they were Cawthorne My L. Mohun and my L. Warwick said they would send for a File of Musqueteers and my Lord Mohun did all he could to quiet and pacify them till the Quarrel was over and my Lord Mohun particularly had his Finger prick'd with endeavouring to Cross their Swords and keeping them from Fighting which was all he got by it L. H. St. Do you know that of your own Knowledge Cawthorne His Hand was bloody and he said so at the Bar but I was just coming in again when I heard him say so but I cannot say that I saw him hurt for I was without the House at the time when that was done L. Godolphin My Lords I desire to ask this Witness one Question I observe he has told my Lords there was not an angry Word pass'd between them before they came down to the Bar I would fain ask him this Question Whether he was in the room all the time till they did come down to the Bar. Cawthorne I received the Reckoning just before they came down to the Bar. L. Godolphin And I desire he may be asked How long he stald in the Room when he received the Reckoning Cawthorne It was about two or three Minutes that I staid in the Room and not longer E. of Warw. My Lord this Witness that has been Examined told you That when we first came down to the Bar there were two Chairs called for and when they came Mr. Coote and the other Gentleman Mr. French went into the Chairs and afterwards they came out again and Mr. Coote said some Words I desire the Witness may be asked again when it was Mr. Coote spoke those words whether it was before or after the time that he came out of the Chair for I take it to be very material Cawthorne It was after Mr. Coote came out of the Chair for the Chairmen heard the Words as I verily believe Mr. Att. Gen. My Lord I desire he may be asked Was there any reply made to those words by any of those Persons he says he apprehends were on the other side Cawthorne No not one Word that I know of E. of Warw. My Lord I must beg the Favour to have the Question asked again of him Whether I did not at that time endeavour to prevent any Quarrelling and did not say I would call for the Guard if they did Cawthorne Yes My Lord of Warwick did say so and so did my Lord Mohun and so I think did Mr. James L. H. St. How came you not to say so when you were asked that Question particularly before Then you said my Lord Mohun endeavoured to prevent the Quarrelling and make them Friends Cawthorne Yes my Lord Warwick did so and so did Mr. James L. H. St. I cannot tell whether any body else desires to ask him any Questions Mr. Att. Gen. My Lord he speaks of what this Noble Lord my Lord of Warwark said but he does not tell you the particular Expressions nor the time when my Lord said them L. H. St. You say my Lord the Prisoner at the Bar endeavoured to pacify the Quarrel between them but you do not tell my Lords who the Quarrel was between nor when the Endeavour was made by my Lord Warwick to pacify it Cawthorne My Lord of Warwick did say he would have the Guards sent for L. H. St. What time was that before or after my Lord Mohun said so Cawthorne Truly my Lord I do not know but that it was at the same time L. H. St. Was it when the Swords were drawn or before Cawthorne They spoke it both before and after the Swords were drawn as I remember for the Swords were not drawn while I was in the House till I came back L. H. St. Were the Swords drawn when my Lord Warwick spoke of sending for the Guards Cawthorne Surely my Lord it was before the Swords were drawn when I was sent for the Chairs L. H. St. You said there was no angry Words or Quarrel between them Cawthorne Not above Stairs my Lord but I apprehended when they came down to the Bar there were three on one side and â—â—ee on the other Mr. Att. Gen. Pray my Lord â—et him be asked this Question Was it after they were three on the one side and three on the other that my Lord Mohun and my Lord Warwick spoke those words Cawthorne I apprehend the words were spoke by Mr. Coote That he would Laugh when he pleased and Frown when he pleased was before the Swords were drawn L. H. St. But that which my Lords desire to know is What the time was when my Lord Warwick and my Lord Mohun declared their desire to part them and make them Friends whether before or after the Swords drawn Cawthorne Before and after for I was absent when the Swords were drawn E. Rivers
He says That after my Lord Mohun and my Lord Warwick threatned to send for the Musqueteers They promised to be quiet I desire to know who he means by They. Cawthorne Mr. James called to me and said I need not go and call for the Guards for the Quarrel was over There is one thing more that I forgot my Lord After my Lord Mohun and my Lord Warwick were gone away in their Chairs and Mr. Coote I heard Mr. Dockwra did say to Captain James and Captain French they did not care a Farthing for them they would Fight them at any time L. H. St. Who were together then Cawthorne Captain James Mr. French and Mr. Dockwra after my Lord Mohun and my Lord Warwick were gone with Captain Coote L. H. St. Then Mr. French was with them when Mr. Dockwra said so Cawthorne Yes my Lord. L. Wharton If I apprehend him aright as to what he says now my Lord of Warwick my Lord Mohun and Captain Coote were gone away at that time Cawthorne Yes they were gone away in the three first Chairs which my Lord Mohun bid go home L. Wharton Who does he say spoke those words L. H. St. You hear my Noble Lord's Question Who spoke those words Repeat them again Cawthorne When my Lord Warwick my Lord Mohun and Captain Coote were gone I heard Mr. Dockwra say to Mr. French and Mr. James we don't care a Farthing for them we will Fight them at any time Mr. Att. Gen. I desire to know whether this Witness testified any thing of this Matter when he was Examined before the Coroner Cawthorne No I forgot those words when I was Examined before the Coroner Mr. Att. Gen. How soon after your Examination did you recollect your self as to what you novv speak Cawthorne The next Day after Mr. Att. Gen. I pray my Lords that he may be asked Whether he did in general give the same Evidence before the Coroner that he does now Cawthorne Yes as to all but only those words as to Mr. Dockwra's declaring that he did not care a Farthing for them they would Fight them at any time Mr. Att. Gen. My Lord I beg he may be asked how long it was after the Fact was done that he was Examined before the Coroner Cawthorne It was the next Day in the Afternoon Mr. Att. Gen. Then I have this Question further to ask if your Lordships please Was he at the Tryal of Mr. Dockwra Mr. James and Mr. French Cawthorne Yes I was M. Att. Gen. Did he then give any Evidence of those words of Mr. Dockwra's after when my Lord Warwick my Lord Mohun and Captain Coote were gone Cawthorne No I did not Mr. Att. Gen. My Loâ—d I have one Question to ask him then more How he came not to swear this Matter at that Tryal Cawthorne It was out of my Mind at that time and I had like to have forgot it now Mr. Att. Gen. My Lord we have done with this Witness Is it your Lordships pleasure that we go on to call our other Witnesses Lords Ay Ay. Mr. Att. Gen. Then our next Witnesses my Lords will be the Chairmen that Carried my Lord Mohun my Lord of Warwick and Captain Coote We shall begin with Thomas Browne and John Gibson one of them carried Mr. Coote the other my Lord of Warwick Thomas Brown was Sworn L. H. Stew. What Question do you ask this Witness Mr. Attorney Mr. Att. Gen. That he would acquaint your Lordships whether he carried Mr. Richard Coote the Person that was slain upon the 29th or 30th of October from the Greyhound Tavern in the Strand and to what Place he carried him L. H. Stew. You hear the Question pray speak so loud that my Lords may all hear what you say Browne My Lords I was between the Hours of One and Two in the Morning on Sunday the 30th of October last with my Fellow and our Chair at the Buffer's Head Tavern at Charing-Cross and I heard some People at Lockets at the Greyhound in the Strand calling Coach Coach a pretty while but there were no Coaches in the Street nor that came to them when they could not get Coaches then they called out for Chairs and we coming to the Door with our Chair there were four other Chairs there and six Gentlemen stood in the Passage and then it was said there was not Chairs enough and there wanted one more and they stood Discoursing and the first Man came into my Chair who was Captain Coote and my Lord of Warwick he got into another when the Door of the Chair was shut up we asked them whither we should go but my Lord Mohun came and bid open the Chair again and we did so and he returned into the House and there was some Discourse between them standing at the Bar in the Entry Mr. Coote came out again and came into my Chair and my Lord Mohun and my Lord of Warwick went into two others Mr. Coote bid me carry him into Leicester-Fields and to make all the haste I could my Lord of Warwick and my Lord Mohun being in the next Chairs asked him Whether are you a going and called out twice and he said To Leicester-Fields Pray do not says my L. of Warwick but come along with us and let it alone till to morrow but he bid us go on and as we were turning up St. Martin's Lane by the Cross-Keys Tavern my Lord Mohun and my Lord Warwick called out to us to stop and their Chairs came up to the back Door of the Gross-Keys Tavern and there all the three Chairs were set on a-brest in St. Martin's-Lane and while they were talking together there came by three Chairs of the other side of the way and Mr. Coote bid us take up and make all the haste we could before them into Leicester-Fields so taking up the Chair again Mr. Coote bid us make haste and if we could go no faster he swore Damn him he would run his Sword in one of our Bodies There were two Chairs before me and my L. Mohun and my L. Warwick followed in two Chairs after me and when we came to the Corner of Leicester-Fields at Green-street end all the three Chairs were set down a-brest again and Mr. Coote put his Hand in his Pocket and took out half a Guinea to pay and said he had no Silver and my Lord of Warwick spoke to my Lord Mohun who took out three Shillings out of his Pocket who said there was for my Lord Warwick Captain Coote and himself and when they were gone out I took my Box and my Pipe and filled my Pipe and took the Lanthorn and lighted it and by that time I had lighted my Pipe I heard a calling out Chair Chair again towards the upper End of the Square so I took my Châ—â— and there was one of the Chairs that was not gone and so we came up to the upper End of the Fields and they called to us to bring the Chairs over the
again and so vvent up to the upper end of the Fields Mr. At. Gen. If you first spoke vvith my Lord of Warwick Why did you not Carry my Lord of Warwick Applegate Indeed I cannot tell but I suppose it vvas because he did not come so soon out of the Fields as Capt. French or did not come the same vvay Mr. At. Gen. Pray do you remember any thing that happened just at their carrying Capt. French avvay Applegate Before he went into the Chair he stopped and would have pulled off his Cloaths but we would not let him Mr. At. Gen. Did you see any Sword Capt. French had Applegate I did see no Sword that I can say directly vvas a Svvord but Capt. French had something in his hand but vvhat it vvas I cannot tell Mr. At. Gen. What vvas it that he said to you vvhen he first vvent into the Chair Applegate He desired to be carried to the Bagnio for he said he believed he vvas a dead Man Mr. At. Gen. Pray Friend recollect your self if you heard him say any thing at all vvhen he first vvent into the Chair at the Greybound Tavern Applegate I did not hear him mention any thing at all Mr. At. Gen. Pray vvhat did you hear my Lord of Warwick say at that time Applegate Truly I cannot say I heard him mention any thing at all neither but I did hear my Lord Mohun say vvhen he could not prevail in St Martins-Lane vvith Capt. Coote to go home that if they did go he vvould go and see it Mr. At. Gen. If They did go vvho did he mean by They Applegate My Lord Warwick and Capt. Coote that vvere in the other Chairs there vvas no body else to speak to Mr. At. Gen. Was there any talk of Fighting or Quarrelling Applegate No indeed I do not knovv of any difference there vvas betvveen them L. H. St. My Lord Warwick Will your Lordship ask this Witness any Questions E. of War My Lord I desire he may be asked Whether I did not endeavour to put off the going into Leicester Fields and to have all things let alone till to Morrovv Applegate My Lord I cannot say any thing of that but I did hear my Lord Mohun beg heartily of Capt. Coote to go home and leâ—t the business alone till another time and indeed I think I never heard a Man beg more hearty for an Alms at a Door than he did that they might not go into the Fields then but I cannot say that I heard any thing that my Lord of Warwick said about it L. H. St. Will your Lordship ask him any other Questions E. of War No my Lord. L. H. St. Did my Lord Warwick express any Inclination to go on Applegate Indeed I know not any thing one way nor other L. Jeffereys My Lords If I am not mistaken he did say that he did not see any thing of Inclination in my Lord of Warwick to go on but I desire if your Lordships please that he may be asked this Question Whether he did see any thing in my Lord of Warwick that shewed any Inclination to the contrary Applegate All that I can say is I heard my Lord Mohun say Pray let 's go home and lie all together and let us put off this business to another time but indeed I do not remember that my Lord of Warwick said one word of going any way backward or forward Mr. At. Gen. Pray who did my Lord Mohun speak these words to Applegate My Lord Mohun spoke them to my Lord of Warwick and Capt. Coote both L. H. St. Mr. Attorney Who is your next Witness Mr. At. Gen. Peter Catro Who was Sworn L. H. St. What do you ask him Sir Mr. At. Gen. He was the other Chair-man that carried my Lord Mohun Pray will you give my Lords an account what you know passed at the time when you carried my Lord Mohun to Leicester-fields Catro I and my Fellow carried my Lord Mohun from the Greyhound Tavern in the Strand till we came to the turning up of St. Martins-Lane where my Lord Mohun desired that our Three Chairs might stop and that they might go down to Westminster and that my Lord Warwick and Capt. Coote would go thither and he would wait upon them to their Lodging Capt. Coote made Answer again something but what I cannot tell and his Chair went on and my Lord Mohun did say if they went forward he would follow them and see what would come of it Mr. At. Gen. What did you see happen while you were in St. Martins Lane Catro There were other Three Chairs that went by while we stood at the Cross-Keys Tavern Door and Capt. Coote's Chair going forward we follow'd and went to the end of Leicester-fields at Green-street end and there all Three went out of their Chairs and walked up the paved Stones of the Square my Lord of Warwick asked my Lord Mohun if he had any Silver and Three Shillings were given for the Three Chairs and they went from us and bid us go about our business and in a little while after we heard a noise from the upper end of the Fields calling Chairs again Mr. At. Gen. Did you observe any thing of Quarrel or Difference between them or any clashing of Swords Catro Indeed I heard nothing of any Quarrel for we were at the lower â—nd of the Square at Green-street end and when we heard them call for Chairs again we went up towards the upper end of the Fields and when we came there we heard one bid us bring up the Chair over the Rails Mr. At. Gen. Who was that Catro Indeed my Lord I cannot tell for I was behind the Chair and could not see who it was but we saying that we could not get it over again if we did we went up to the upper end of the Fields and there was Capt. French I think it was for I did not perfectly see him being at the hind-part of the Chair and we went on to the Bagnio in Long-Acre and I did see my Lord Warwick come out of his Chair at the Bagnio Door for there they were set down Mr. At. Gen. You say you saw my Lord of Warwick at the Bagnio Door Did you see any Sword as my Lord of Warwick had or Capt. French Catro No I did not see any Sword at all of either of them Mr. At. Gen. What do you know of Capt. French his declaring he was wounded Catro I think it was either when he went into the Chair or in Newport-street end he called out to have the Chair opened for says he I think I am a dead Man and would have pulled off his Cloaths and when we were at the Bagnio Door we tarryed a pretty while till they got them up to let them in and asking if we should wait my Lord of Warwick bid us come to that House to Morrow Morning for our Money and they went in together into the House but I never
heard any one word of Quarrel or Dissatisfaction passed betweeen them Mr. At. Gen. This Witness speaks to the same purpose as the other did and I think we need not trouble your Lordship any further as to that L. H. St. Would my Lord Warwick ask him any Questions E. of War No my Lord. Mr. At. Gen. Then our next Witness is one John Palmer Who was Sworn Mr. At. Gen. Pray will you give my Lords an Account who it was you did carry in your Chair the 29th or 30th of October last and whither you carry'd him Palmer About one a Clock in the Morning the 30th of October we were called to the Greyhound Tavern in the Strand to Mr. Lockett's and there we took up a Gentleman one Captain French Mr. At. Gen. Whither did you carry him Palmer He bid us go to Leicester-fields Mr. At. Gen. What did he particularly say to you Palmer There were three other Chairs that were just gone before from the same Door and he bid us get before all those Chairs and just as we came to St. Martins-lane end we saw there were three other Chairs set down before us over-against the Cross-Keys Tavern Back-Door Mr. At. Gen. Well what did you do then Palmer So we went before according as we were bid unto Leicester-fields and at the upper-end of the Fields by Leioester-house we opened the Door and Captain French came out and he gave us a Shilling and we went away about our Business Mr. At. Gen. Were there any more Chairs there that went with you Palmer There were two more Chairs that set down two other Gentlemen by Leicester-house and we came away when we were paid that is all I know Mr. At. Gen. Did you see any other Chairs besides your three when you came down again or any other Gentlemen Palmer We did see some Gentlemen walking up about the middle of the Square when we came down but we made what hast we could away home it being late and Sunday Morning Mr. At. Gen. Did you observe any Fighting vvhen you vvere in the Field Palmer I did not hear or discern any Fighting vvhile I vvas there Mr. At. Gen. Did you hear of any Quarrel or any thing betvveen any of them and vvhom before Palmer No I did not knovv of any Quarrel or hear of any thing at all I do assure you Mr. At. Gen. All that he says then my Lord is That he carried Capt. French to the upper-end of Leicester-Fields and there he left him L. H. St. Would my Lord Warwick ask this Witness any Questions E. of Warw. I desire he may be asked Whether he knows who were in the Chairs that were in St. Martins-Lane when they passed by L. H. St. You hear the Question What say you to it Palmer There were three Chairs but who they were that were in them I cannot tell directly but as they said when they set them down at Leicester-Fields they were my Lord Warwick my Lord Mohun and Mr. Coote Mr. At. Gen. Who was it that said so Palmer Some of the other Chairmen when I came by L. H. St. Mr. Attorney Who is your next Witness Mr. At. Gen. We shall call next the Chairmen that carried Mr. Dockwra and Mr. James Call Jackson the Chairman Who was sworn Mr. At. Gen. This Man carried Captain James Pray acquaint my Lords Who you did take up at Lockett's in the Strand on the 29th or 30th of October last and vvhither you carried him Jackson I carried Captain James from Lockett's in the Strand into Leicester-fields Mr. At. Gen. Hovv many Chairs vvere you that vvent Jackson There vvere tvvo more that vvent vvhen I vvent there vvere six in all that took up Gentlemen there and vve vvere the last but one Mr. At. Gen. Can you tell vvho vvere in the other three first Chairs Jackson I do not knovv vvho vvere in the other Chairs but I heard my Lord Mohun at the Door of the House desire That the Business might be deferred till to morrovv Morning There vvere six Gentlemen at the Door but truly vvho they all vvere I cannot tell Mr. At. Gen. Who did my Lord Mohun speak that to Jackson Indeed I do not knovv vvho he spoke it to Mr. At. Gen. What Ansvver vvas made to my Lord Mohun Jackson Truly there vvas no Ansvver that I heard but vve all vvent avvay soon after that and we were bid to go to Leicester-fields to follow the other Chairs and when we came to the other end of Leicester-fields we set down Captain James by the Standard Tavern and he gave us a Shilling and bid us go our ways so we went our way and I heard nothing afterwards but came away down the Fields and there were three Chairs that stood at the bottom of the Fields and we asked them What they stayed there for And they said To sill a Pipe of Tobacco And presently after we heard Call Chairs again but it was late and it was Sunday Morning and my Partner said Let us go away home and we did so we went directly home Mr. At. Gen. Did you carry no body back Jackson No we carried no body back Mr. At. Gen. My Lord we have done with this Witness our next Witness is one Richard Edwards and he was one of the Chairmen that carried Mr. Dockwra He was sworn Mr. At. Gen. Pray will you acquaint my Lords Whether you carried any body from Lockett's the 29th of October and who it was and whither you â—arried him Edwards I do not know who I carried but they were calling Coaches at 〈◊〉 Greyhound Tavern in the Strand and no Coaches coming they called for Chairs and so our Chair was brought up Mr. At. Gen. When you came there who did you see there Edwards Indeed I did not know my Lord of Warwick nor my Lord Mohun nor any of them Mr. At. Gen. Well what do you know Tell my Lords what happened Edwards When we were there there went Two into two Chairs and my Lord Moâ—un said or another Gentleman I cannot tell which that the Chairs should not go away that they would kill any Man that should go away and they went out of the Chairs and went into the House again Mr. At. Gen. And what happen'd after they went into the House again Edwards After they went out of the Chairs into the House again as I was told my Lord of Warwick my Lord Mohun and Mr. Coote went into Three Chairs and went away from the Door and there were three Chairs of us that went last Mr. At. Gen. Whither did you go with your Chair Edwards We went to the Standard Tavern at the end of Leicester Fields and when we came to the Tavern Door we asked him if we should knock at the Door he said no but he gave us a Shilling and bid us go about our business and so we did for we went sheer away to Charing-Cross Mr. At. Gen. Pray can you tell who were in the other Chairs Edwards Truly I cannot tell
into the Country Capt. Duck. No indeed I cannot tell the reason Mr. At. Gen. Did you observe my Lord of Warwick's Sword Was there any Blood upon it Capt. Duck. I cannot say his Sword was bloody at the point the whole Blade and Shell was bloody to the best of my remembrance Mr. At. Gen. What sort of Sword was it Capt. Duck. It was a pretty broad Blade a hollow Blade and a hollow open Shell Mr. At. Gen. Was there any Discourse concerning Capt. French Capt. Duck. Yes they thought he was very ill wounded Mr. At. Gen. Was there any and what Discourse who should give my Lord of Warwick his Wound Capt. Duck. It was said they believed Capt. James gave my Lord his wound Mr. At. Gen. Pray was there any Blood upon Mr. James's Sword or was he wounded Capt. Duck. I saw no wound upon Capt. James that I know of L. H. St. Do you believe that my Lord Warwick's Sword was bloodied with the hurt of his own Hand or any otherwise Capt. Duck. I cannot tell it was a Cut Shell and the outside bloody as well as the in L. H. St. My Lord Warwick Will your Lordship ask this Witness any Questions E. of War No my Lord. L. H. St. Mr. Attorney if you have any other Witnesses pray call them Another Witness was produced that belonged to the Ship and Castle in Cornhill Mr. At. Gen. This Man will give you an Account what past at his House at that time and between whom Pray will you tell my Lords who was at your House the 30th of October last and what past there then Witness My Lord of Warwick Capt. James and Capt. Dockwra and when my Lord of Warwick came in I thought my Lord was in a very great Concern and called for Pen Ink and Paper and I fear'd there was some quarrel in hand but they said no the Quarrel was over and says my Lord of Warwick I am afraid poor Coote is killed Mr. At. Gen. Did you observe any desire to be private Witness No indeed I cannot tell that Mr. At. Gen. How long did they continue there Witness About 6 a Clock my Lord of Warwick and Capt. James and Capt. Dockwra and Capt. Ducking field went away Mr. At. Gen. Can you tell who went with my Lord Warwick Witness No indeed I cannot tell who went with my Lord Warwick there came in a Gentleman in Black whom I knew to be my Lord of Warwick's Steward and he came and spoke some words to my Lord of Warwick about a quarter of an Hour after they came in and then they went away for after that I did not hear any farther Discourse Mr. At. Gen. What became of the rest of the Company Witness They went away I do not know what became of them nor whether they went some of them went in and out of one Room into another several times two or three times and came out again Mr. At. Gen. My Lord we have done with this Witness L. H. St. My Lord Warwick will you ask him any Questions E. of Warw. No my Lord. L. H. St. Mr. Attorney who is your next Witness Mr. At. Gen. Mr. Salmon the Chirurgeon who by the Coroner's Order searched the Wound Who was Sworn Mr. At. Gen. Pray Sir was you ordered by the Coroner to view the Body of Mr. Coote Salm. Yes I was ordered by the Coroner to inspect the Body of Captain Coote and to give the Jury an account of the nature of the Wounds Mr. At. Gen. Pray upon the view of the Body what Wounds had he Salm. There was two Wounds one on the Breast near the Collar-bone running downwards very deep Mr. At. Gen. Pray what part of the Breast was it and how deep was it Salm. It was on the left part of the Breast near the Collar-bone and it penetrated four or five Inches Mr. At. Gen. Can you guess at what sort of Sword it was that made the Wound Salm. No indeed Sir I cannot Mr. At. Gen. Was it a broad Sword or a little Sword Salm. The Orifice was about the length of half an Inch and about the depth of five Inches Mr. At. Gen. Was that made with a broad Sword or with a narrow Sword Salm. Indeed I cannot tell Mr. At. Gen. You say he had another Wound where was that Salm. That was on his left Side too near unto the short Ribs under the last Rib which was about the length of an Inch and of the depth of six Inches and it run through the Diaphragma Mr. At. Gen. Did you take one of those Wounds or both of them to be mortal Salm. I did look upon either of them to be mortal and to be the occasion of his death Mr. At. Gen. Can you tell whether they were both made with one and the same Sword Salm. Indeed I cannot tell that whether they were made with one Sword or two Mr. At. Gen. Cannot you tell how they appeared to be I suppose you probed them Salm. Yes I probed them both one was quite through the Diaphragma Mr. At. Gen. What time was it that you viewed the Body by the Order of the Coroner Salm. I saw the Body at Seven a Clock on Sunday night Mr. At. Gen. If my Lord of Warwick desire to ask him any Questions he may E. of Warw. My Lord I desire to ask him whether any of the Wounds were large enough to be made by a Sword run up to the Hilt Salm. No my Lord sure that they were not E. of Warw. My Lord I desiâ—e to know of him whether both those Wounds were given before or behind Salm. I can only tell you the length and depth by following of the Probe the one was downwards and the other upwards Mr. At. Gen. Do you suppose both those Wounds were given when the Person was standing backward or forward Salm. 'T is impossible to tell how they were given because of the variety of the Postures of the Body in the divers Capacities thereby of receiving the Wounds Mr. At. Gen. Pray can you tell whether they were given by one and the same Sword or no Salm. Indeed I cannot tell Mr. At. Gen. Do you know any thing to the contrary Salm. I cannot say any thing for it or against it E. of Kingston My Lords this Witness if I apprehend him right says the Wound on his Side was a large Wound Salm. Yes a very large Wound of the length of about three quarters of an Inch at the Orifice and five or six Inches deep E. of Kingston I desire he may tell whether that Wound could be given by any other than a broad Sword Salm. I cannot tell that E. of Rochester Indeed my Lords I would have him asked this Question again I know not whether he can answer it or no but I cannot but think it is proper to have some account of this matter In all Enquiries before the Coroner there is a Judgment to be made of the Nature of the Wound in order
Coffee house and we continued there till about Eight at Night I went away to see for a Gentleman that owed me Money and afterwards I went to Locket's and while I was there the Drawer came up and told me my Lord of Warwick desired to speak with me and when he came up into the Room he said he was to meet with my Lord Mohun there and Captain Coote and he asked me if I knew where Capt. French and Capt. James were I told him I Dined with Capt. Coote at Shuttleworth's and in a while after Capt. Coote came in and about an Hour and an half I think I continued there and Captain French came in Captain Dockwra and we drank together for an Hour and an half and they admired about 10 a Clock that my Lord Mohun was not come and I payed my Reckoning not being very well and away I went home Mr. James came in just before I went away but there was no Quarrelling nor any thing like before I went away E. of War My Lord I desire he may be asked Whether we did not usually meet there as Friends especially Captain Coote and I Capt. Keeting Captain Coote and my Lord of Warwick used to be almost every Day together at that Place E. of War Pray did he ever know or observe any Difference or Quarrel between Captain Coote and me Capt. Keeting No my Lord I never saw any thing but the greatest Friendship between my Lord of Warwick and Captain Coote that could be I was with them and saw them together almost every day L. H. St. Have you any thing further to Examine this Witness to E. of War No my Lord I have no other Question to ask him L. H. St. Who is your next Witness my Lord E. of War My Lord I suppose I shall not need to trouble you to Examine the Chairmen over again Your Lordships have heard what they can say I desire Colonel Stanhope may be called Who it seems stood by the Chair of State and it was some while before he could get round to come to the Place where the Witnesses were to stand L. H. St. While this Witness gets round if your Lordship has any other Witness ready to stand up pray let him be called E. of War To prove the Kindness between Captain Coote and me I desire Colonel Blisset may be called Who stood up L. H. St. What is it your Lordship asks this Witness or calls him to E. of War To testifie what he knows of any Kindness or Unkindness between Captain Coote and me whether he had not been often in our Company L. H. St. Have you been often in Company with my Lord Warwick and Captain Coote Col. Blisset Yes my Lord I was very well acquainted with both of them for a Twelve Month past before this Accident and I have often been in their Company and I always observed that there was a great deal of Friendship and Kindness between them E. of War My Lord I desire he may tell any particular Instance that he knows or can remember Col. Blisset I remember when Captain Coote had his Commission in the Regiment of Guards he was complaining of the Streightness of his Circumstances he was to pay for his Commission 400 Guineas and said he had but 300 for to pay for it and my Lord of Warwick did then say to him Do not trouble your self about that or let not that disturb you for I 'll take care you shall have 100 Guineas and he said he would give Order to his Steward to pay him so much and I was told afterwards that he did so E. of Warw. I desire he may tell if he knows of any other particular Instances of my Friendship to Mr. Coote Col. Blisset Once when he was arrested by his Taylor for 13 l my Lord lent him five Guineas and used very frequently to pay his Reckoning for him E. of Warw. I desire he may tell if he knows any thing else and whether he has not layn at my Lodgings and particularly but some small time before this Accident happened Col. Blisset About ten Days before this unhappy Accident happened I was at my Lord of Warwick's Lodgings and when I came there I found Captain Coote there a Dressing himself and I asked him how that came to pass and he told me they had been up Late together and that he had sent home for his Men to dress himself there upon which I did observe that they had been a Rambling together over Night and there were a very great Familiarity between them E. of Warw. Did you observe any Quarrel between us Col. Blisset No None at all I never knew of any Quarrel between my Lord of Warwick and Captain Coote but I observed there was a particular Kindness between them and a great deal of Friendship I know my Lord of Warwick shewed to him in Paying of Reckonings for him and Lending him Money when he wanted E. of Warw. My Lord I desire he may be asked whether he does not know that Captain Coote was straitned for Money Col. Blisset I did hear Captain Coote say that he had not received any thing from his Father for 13 Months and his Father was angry with him and would not send him any supply because he would not consent to cut off the Intail and settle Two or Three hundred Pounds upon a Whore he had M. At. Gen. Pray Sir will you consider with your self and though you are not upon your Oath answer the Questions truly for you are obliged to speak the Truth though you are not Sworn when ever you come to give your Testimony in a Court of Judicature Pray acquaint my Noble Lords here whether you did never hear my Lord Warwick complain of Captain Coote Col. Blisset No I never did hear him complain of him Mr. Att. Gen. Did you never hear the least Word of any Quarrel between them Col. Blisset No indeed I did never hear of any Quarrel between them Mr. At. Gen. Did you never hear of any Unkindness at all Col. Blisset No indeed my Lord not I I never so much as heard of the least Unkindness whatsoever L. H. St. Well then my Lord who do you call next E. of Warw. Now Colonel Stanhope is here I desire he may be asked the same Question whether he does not know the particular Friendship that was between Captain Coote and me and what Instances he can give of it L. H. St. You are to consider Sir though you are not upon your Oath you are in a great Court and under no less strict Obligation to testifie the Truth and nothing but the Truth You hear what my Noble Lord asks you Colonel Stanhope My Lord I have known my Lord Warwick and Captain Coote for about a Twelve Month and I did perceive that they did always profess a great Kindness for one another E. of Warw. I desire to know of him whether he observed any Particular Friendship between Captain Coote and me
his Man that was here produced as a Witness does Testifie that he was one that used his Right Hand and then it is a wonder that he should receive such a sort of a Wound in that part and the other Wound was on the left side too but it was upward and how that could be given by one that was a Right Handed Man is certainly a very great Wonder and the Wounds being both given upon the same side it cannot but be concluded that they were given by one and the same Sword Another Circumstance which relates to my Lord of Warwick is that when he came into the Bagnio after the Fact was over he would have himself denied to be there and went to the Door when James and Dockwra came in and his declaring his desire of going into the Country These we say are Circumstances that do induce a Doubt That my Lord of Warwick had a Concern upon him of great Guilt of having a Hand in this Man's Death It is indeed pretended by my Lord of Warwick That Mr. Coote was a Person that my Lord of Warwick had a Kindness for but it is plain by the Evidence that he left him dead in the Field and did not take any Care of him but took a great deal of Care of Capt. French who it is pretended was the Person that fought with Coote when he came to the Bagnio and there is nothing of Kindness at this time pretended nor any thing of a Defence to this Matter offer'd by my Lord of Warwick but only what the Chairmen say that he endeavoured to put it off to another time These my Lords are all the Observations that I shall make upon the Evidence in this Case How far this Evidence upon Consideration will weigh with your Lordships I must submit it to you If my Lord of Warwick did do the Fact as these Circumstances we think may incline your Lordships to believe he did it will surely he Murder but how far the Evidence comes up to the Proof of that we must humbly submit to your Lordships who are the Judges of it and we leave it intirely to your Consideration upon what you have heard L. H. St. Then it seems you have done on all sides Councel Yes my Lords Lords Then Adjourn Adjourn L. H. St. Is it your Lordship's pleasure to Adjourn into the House of Lords Lords Ay Ay. L. H. St. This House is Adjourned into the House of Lords Then the Lords went back to their own House in the same Order they came into the Court in Westminster-Hall and Debated the Matter among themselves what Judgment to give upon the Evidence that had been heard and in about Two Hours time they returned again into the Court erected upon the Scaffold in Westminster-Hall and after they were Seated in their Places the Lord High Steward being Seated in his Chair before the Throne spoke to the Lords thus L. H. St. Will your Lordships proceed to give your Judgment Lords Ay Ay. L. H. St. Your Lordships will give me leave as I ask your Lordships your several Opinions to take so much time as to write down the Opinion of every Lord. Lords Ay Ay. Then the Lord High Steward asked this Question of every one of the Lords there present beginning with the Puisne Baron which was the Lord Bernard L. H. St. My Lord Bernard Is Edward Earl of Warwick Guilty of the Felony and Murder whereof he stands Indicted or Not Guilty The Lord Bernard stood up in his Place uncovered and laying his Right Hand upon his Breast Pronounced his Judgment thus L. Bernard Not Guilty of Murder but Guilty of Manslaughter upon my Honour The same Question was asked severally of all the Lords who in the same Form delivered their Opinions as followeth L. Haversham Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Herbert of Cherbury Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Weston Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Ashburnham Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Cholmley Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Jeffreys Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Godolphin Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Guilford Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Oselstone Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Osborne Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Craven Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Cornwallis Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Granville Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Berkly Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Laxington Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Reckingham Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Lucas Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Culpeper Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Vanghan Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Byron Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Jermâ—n Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Leigh Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Raby Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Howard of Escrick Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. â—â—velace Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Hunsdon Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. North and Gray Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Wharton Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Eure. Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Willoughby of Parham Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Dadley Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Ferres Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Willoughby of Eresby Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Audley Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Abergaveny Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. H. Steward My Lord Viscount Lonsdale Is Edward Earl of Warwick Guilty c. L. Viscount Longaville Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. Viscount Townsend Not Guilty of Murder but Guilty of Manslaughter upon my Honour L. H. Steward The Earl of Grantham Is Edward Earl of Warwick Guilty c. E. of Grantham Not Guilty of Murder but Guilty of Manslaughter upon my Honour E. of Albemarle Not Guilty of Murder but
was they were going about It must be left to your Lordships Judgment whether he shall not be presumed to be there when the Fact was done especially his saying when he could not prevail in St. Martins-lane to put the matter off till another time that if they did go on he would go and see it so that putting these two Circumstances together his going in one of the Chairs with my Lord Warwick and Coote and what he said after when the Chairs stopt in St. Martins-lane we think are Circumstances to induce your Lordships to believe that he was present at the time of the Fact committed or very near the place and if that be so how far he is Guilty must be submitted to your Lordships consideration and this is all that I shall trouble your Lordships with without repeating the particular Evidence which your Lordships I am sure very well remember Lord Mohun My Lords I desire I may say one Word in answer to what Mr. Sollicitor has observ'd I think your Lordships have had no Evidence given you where Mr. Coote was kill'd but only the Chair-man that was desir'd to bring over his Chair within the Rails says it was towards Penton-street which is quite contrary to the place where I was set down at Green-street end I must then be at a very great distance from the place where the Fact was done Lord High Steward If all have done on both besides then your Lordships have nothing left but to consider of the Evidence which has been given which I suppose you will do among your selves Lords Ay Adjourn Adjourn Lord High Steward Is it your Pleasure my Lords to Adjourn into the House of Lords Lords Ay Ay. L. H. St. This House is Adjourn'd into the House of Lords And the Lords went back in the same Order to the House of Lords and there they stay'd for about two Hours time debateing the matter among themselves and afterwards returned again into the Court in Westminster-Hall and were seated all in their places as they were before and the Lord High Steward was seated in the Chair before the Throne Clerk of the Crown Serjeant at Arms make Proclamation Serjeant at Arms. O Yes O Yes O Yes My Lord High Steward of England his Grace doth straightly Charge and Command all manner of Persons here present to be uncovered and keep Silence upon Pain of Imprisonment L. H. St. Is it your Lordships pleasure to go on now to give your Judgment Lords Ay Ay. L. H. St. Then I must pray your Lordships to give me time to write down your Opinions distinctly that I may be able to acquaint you with certainty of the Numbers Lords Ay Ay. Then the Lord High Steward stood up and put the Question to every Loâ—â— beginning with the Youngest Baron to know what his Judgment was and the Lord to whom he call'd stood up in his place Uncovered and laying his right Hand upon his Breast deliver'd his Judgment in the manner following L. H. St. My Lord Bernard Is Charles Lord Mohun Guilty of the Felony and Murder whereof he stands Indicted or Not Guilty L. Bernard Not Guilty upon my Honour The same Question was asked severally of all the Lords who in the same Form delivered their Opinions as followeth L. Herbert Not Guilty upon my Honour L. Weston Not Guilty upon my Honour L. Ashburnham Not Guilty upon my Honour L. Chalmondly Not Guilty upon my Honour L. Jefferys Not Guilty upon my Honour L. Godolphin Not Guilty upon my Honour L. Guilford Not Guilty upon my Honour L. Oselstone Not Guilty upon my Honour L. Osborne Not Guilty upon my Honour L. Craven Not Guilty upon my Honour L. Cornwallis Not Guilty upon my Honour L. Granville Not Guilty upon my Honour L. Berkley Not Guilty upon my Honour L. Lexington Mot Guilty upon my Honour L. Rockingham Not Guilty upon my Honour L. Lucas Not Guilty upon my Honour L. Culpeper Not Guilty upon my Honour L. Byron Not Guilty upon my Honour L. Jermin Not Guilty upon my Honour L. Leigh Not Guilty upon my Honour L. Raby Not Guilty upon my Honour L. Howard Not Guilty upon my Honour L. Lovelace Not Guilty upon my Honour L. Hunsdon Not Guilty upon my Honour L. Wharton Not Guilty upon my Honour L. Eure. Not Guilty upon my Honour L. Dudly Not Guilty upon my Honour L. Fitzwalter Not Guilty upon my Honour L. Willoughby Not Guilty upon my Honour L. Audley Not Guilty upon my Honour L. Abergaveny Not Guilty upon my Honour L. H. Steward My Lord Viscount Lonsdale Is Charles Lord Mohun Guilty c. L. Viscount Lonsdale Not Guilty upon my Honour L. Viscount Townsend Not Guilty upon my Honour L. H. Steward The Earl of Grantham Is Charles Lord Mohun Guilty c. E. of Grantham Not Guilty upon my Honour E. of Albemarle Not Guilty upon my Honour E. of Tankerville Not Guilty upon my Honour E. of Warrington Not Guilty upon my Honour E. of Scarborough Not Guilty upon my Honour E. of Mountague Not Guilty upon my Honour E. of Portland Not Guilty upon my Honour E. of Rochester Not Guilty upon my Honour E. of Nottingham Not Guilty upon my Honour E. of Yarmouth Not Guilty upon my Honour E. of Radnor Not Guilty upon my Honour E. of Macclesfield Not Guilty upon my Honour E. of Feversham Not Guilty upon my Honour E. of Burlington Not Guilty upon my Honour E. of Carlile Not Guilty upon my Honour E. of Bath Not Guilty upon my Honour E. of Anglesey Not Guilty upon my Honour E. of Essex Not Guilty upon my Honour E. of Scarsdale Not Guilty upon my Honour E. of Thanet Not Guilty upon my Honour E. of Chesterfield Not Guilty upon my Honour E. of Carnarvan Not Guilty upon my Honour E. of Kingston Not Guilty upon my Honour E. of Winchelsea Not Guilty upon my Honour E. of Stamford Not Guilty upon my Honour E. of Peterborough Not Guilty upon my Honour E. of Rivers Not Guilty upon my Honour E. of Manchester Not Guilty upon my Honour E. of Denbigh Not Guilty upon my Honour E. of Leicester Not Guilty upon my Honour E. of Bridgwater Not Guilty upon my Honour E. of Dorset Not Guilty upon my Honour E. of Suffolk Not Guilty upon my Honour E. of Huntington Not Guilty upon my Honour E. of Darby Not Guilty upon my Honour E. of Kent Not Guilty upon my Honour L. H. Steward My Lord Great Chamberlain Is Charles Lord Mohun Guilty c. Lord Chamberlain Not Guilty upon my Honour L. H. Steward My Lord Marquis of Normanby Is Charles L. Mohun Guilty c. L. Marquis of Normanby Not Guilty upon my Honour L. Marquis of Hallifax Not Guilty upon my Honour L. H. Steward My Lord Duke of Newcastle Is Charles Lord Mohun Guilty c. D. of Newcastle Not Guilty upon my Honour D. of Scomberg Not Guilty upon my Honour D. of St. Albans Not Guilty upon my Honour D. of Northumberland Not Guilty upon my Honour