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

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

HOBBS--I did, Sir; but n.o.body at all was with him.

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

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

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

HOBBS--I did not say you were; but as you was going to Mr.

Jarrit Smith's, I heard one of your men say, There goes our captain, or else I had not looked out.

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

HOBBS--The gentleman with the black cap.

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

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

_Thomas Williams, sworn._

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

WILLIAMS--Yes, Sir.

VERNON--What station were you in?

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

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

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

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

WILLIAMS--He was just behind.

THE RECORDER--Was he within hearing?

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

THE RECORDER--Who threw the cloak over him?

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

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

WILLIAMS--He said, I know better things, I believe you are going to murder me; you may as well throw me overboard, and murder me here right, as carry me on board ship and murder me.

No, says the captain, I am not going to do any such thing, but I would have you make your peace with G.o.d. As I steered the boat, I heard all that pa.s.sed. We brought sir John on board between 7 and 8 o'clock, he could hardly go up into the ship, he being so benumbed with cold; he did go up of his own accord, with the men's a.s.sistance.

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

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

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

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

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

WILLIAMS--Yes, Sir, it was.

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

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

VERNON--Where was captain Goodere then?

WILLIAMS--He was just behind him.

VERNON--How near was he to him?

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

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

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

RECORDER--At what distance were you?

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

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

_Samuel Trivett, sworn._

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

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

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

TRIVETT--I believe that is the man, my lord. On the gentleman's ordering them to make more haste, five or six of them caught him up in their arms, and carried him along; and as they were got down about the corner of Mr. Brown's wall, he insisted upon their making more dispatch, and then they hurried him as far as captain Osborn's dock. By that time his clothes were ruffled and shoved up to his arm-pits; they put him down, and settled his clothes, and then I saw his face, and knew him to be sir John Dineley: he cried out murder several times, and said, they were taking him on board to kill him, he believed. As they were going with him along, he cried out to Mrs. Darby, For G.o.d's sake a.s.sist me, they are going to murder me. I told Mrs. Darby it was sir John Dineley: she said she knew him; the cloak was then over his face. As they got him further, he called out to a little girl, to get somebody to a.s.sist him, for they were going to murder him. They pushed him along to Mrs. New's house, and made a little stop there, and then they brought him to the water-side, where was a boat; they put out a plank with ledges nailed across: he was ordered to go on board the boat; they got him on board, and put him to sit down in the stern-sheet: then he cried out, For G.o.d's sake, gentlemen, if any of you know Mr.