GIN--I was at sea a great while, and all the men that I see turned overboard had a great weight at their heels to sink them.

JONES--Then will they swim otherwise?

GIN--So they say.

JONES--Are you a seaman?

GIN--I went against my will in two fights.

JONES--Then, gentlemen of the jury, I hope we have given you satisfaction that Mrs. Stout did not drown herself, but was carried into the water after she was killed. That was the first question; for if it be true that all dead bodies when they are put into the water do swim, and the bodies that go alive into the water and are drowned do sink, this is sufficient evidence that she came by her death not by drowning, but some other way.

Now, my lord, as to the second matter, and that is to give such evidence as we have against these gentlemen at the bar. Mr.

Cowper, it appears, was the last man that any one give an account of was in her company. What became of her afterwards, or where they went, n.o.body can tell; but the other witnesses have given you evidence that he was the last man that was with her. I shall only give this further evidence as to Mr. Cowper, that notwithstanding all the civility and kindnesses that pa.s.sed between him and this family, when the bruit and noise of this fact was spread abroad, Mr. Cowper did not come to consider and consult with old Mrs. Stout what was to be done; but he took no manner of notice of it, and the next day he rode out of town, without further taking notice of it. Call _George Aldridge_ and _John Archer_.

_John Archer was sworn._

JONES--Do you know anything of Mr. Cowper's going out of town about this business of Mrs. Stout's being drowned?

ARCHER--Yes, I did see him go out of town afterwards.

JONES--Which way did he go?

ARCHER--He went the way back from the Glove; I suppose he came that way.

COWPER--What day was it I went? Is it not the way that I used to go when I go the Circuit into Ess.e.x?

ARCHER--Yes, I believe so.

COWPER--I lodged at Mr. Barefoot's, and he has a back-door to the Glove, where my horse was, and I went the direct way into Ess.e.x, and it was Wednesday morning: What day was it you see me go?

ARCHER--It was on the Wednesday morning.

COWPER--That was the very day I went into Ess.e.x.

_Then George Aldridge was sworn._

JONES--When did Mr. Cowper go out of town the last a.s.sizes?

ALDRIDGE--On Wednesday.

JONES--Which way did he go?

ALDRIDGE--He went the way to Chelmsford.

JONES--Did you not fetch his horse from Stout's?

ALDRIDGE--Yes, sir.

JONES--How often did you go for it?

ALDRIDGE--Three times.

JONES--When?

ALDRIDGE--On Tuesday night I sent once, and went twice myself; the first time there was n.o.body at home to deliver the horse; so I went to Mr. Stout's, and asked him about the horse, and he said he could not deliver him till the maid went home; and then I went about eleven o'clock and had the horse.

HATSELL, BARON--Was it eleven at night?

ALDRIDGE--Yes, my lord.

COWPER--When I sent you to fetch my horse, what directions did I give you?

ALDRIDGE--You gave me directions to fetch your horse, because you said you should have occasion to go out next morning betimes with the judge.

COWPER--The reason I sent for my horse was this; when I heard she had drowned herself, I think it concerned me in prudence to send a common hostler for him, for fear the lord of the manor should seize all that was there as forfeited.[47]

HATSELL, BARON--There was no danger of that, for she was found _Non compos mentis_.

COWPER--No, my lord, I sent before the verdict.

JONES--It seems you did not think fit to go and take horse there yourself, though you put your horse there.

Now, my lord, we will go on, and give the other evidence that we opened concerning these three other gentlemen that came to town; two of them took lodgings at Gurrey's at five in the afternoon, but did not come in till between eleven and twelve, and then they brought another in with them; and though he had been in town five or six hours, his feet were wet in his shoes, and his head was of a reeky sweat; he had been at some hard labour I believe, and not drinking himself into such a sweat.

Call _John Gurrey_, _Matthew Gurrey_, and _Elizabeth Gurrey_.

_John Gurrey was sworn._

JONES--Do you know any of the gentlemen at the bar?

J. GURREY--Yes.

JONES--Name who you know.

J. GURREY--There is Mr. Stephens, Mr. Rogers, and Mr. Marson.

JONES--Pray do you remember when they took lodging at your house?

J. GURREY--The last a.s.sizes; when they first came, there was only Mr. Stephens and Mr. Rogers.

JONES--At what time did they take it?

J. GURREY--I was at church, and cannot tell that, they hired the lodgings of my wife.

JONES--What can you say more?

J. GURREY--I was in at night when they came; there came three of them at eleven at night, whereof Mr. Marson was the third person and he said he was dest.i.tute of a lodging and he asked for a spare bed; my wife told him she had one, but had let it; whereupon Mr. Stevens and Mr. Rogers said he should lodge with them; so they went up altogether, and they called for a fire to be kindled, and asked for the landlord, which was I, and they asked me to fetch a bottle of wine, and I told them I would fetch a quart, which I did, and then they asked me to sit down and drink with them, which I did; and then they asked me if one Mrs. Sarah Stout did not live in the town, and whether she was a fortune? I said Yes. Then they said they did not know how to come to the sight of her; and I said I would shew them her to-morrow morning, not questioning but I might see her sometime as she was coming down the street; so they said they would go to see her. Mr. Rogers and Mr. Stephens charged Mr. Marson with being her old sweet-heart; saith Mr. Marson, she hath thrown me off, but a friend of mine will be even with her by this time.