Jarrit Smith in the College-green, tell him my name is sir John Dineley. One of the men put his cloak and covered him, and before he could say any more, that gentleman (pointing to the prisoner Goodere) took his hand and put it on his mouth, and would not let him speak any further, and ordered the boat to be pushed off, which was done; and the tide making up strong, the boat got almost to the other side. I heard that gentleman (pointing as before) say, Have you not given the rogues of lawyers money enough already? Do you want to give them more? I will take care that they shall never have any more of you; now I'll take care of you.

THE RECORDER--Prisoners, will either of you ask this witness any questions?

GOODERE--No, I never saw the man before in my life.

_Thomas Charmsbury, sworn._

CHARMSBURY--On Sunday the 18th of January last, between the hours of four and five in the afternoon, I was on board the ship called the _Levant_, lying in Mr. Thompson's dock; I heard a noise coming over the bridge of the dock, and I saw a man in a scarlet cloak, and a parcel of people, some before and some behind, guarding of him, and he made a noise. I went towards them, to see what was the matter, and at Mr. Stephen Perry's counting-house (they rested) I asked, what was the matter?

They said, he had killed a man on board a man-of-war; that he had run away; and they had had him before a magistrate, and he was ordered on board the king's ship to be carried round to London to take his trial. Mr. Perry (on hearing the noise) came out and saw him; says Mr. Perry, Gentlemen, do you know what you are about? I would not be in your coats for a thousand pounds, for it is 'squire Goodere. They threatened to knock down any that should come near; a fellow, I take him to be Mahony, came up to me, and threatened to knock me down several times. They took and carried him as far as captain James Day's lofts and warehouse, where he keeps his hemp; and there they rested him again, and threatened to knock down any that should come near them. Then said Mahony, d.a.m.n ye, here comes the captain. Immediately I turned about, and saw a gentleman with his cane poised in one hand, and his sword in the other; he had a dark s.h.a.g coat and yellow b.u.t.tons, whom I take to be that gentleman the prisoner at the bar. They took up the man in the scarlet cloak again, and carried him so far as coming out from the lower College-green into the rope-walk: the prisoner Goodere came up to them and ordered them to mend their pace; they took him up again, and carried him as far as Brown's garden, at the lower end of the rope-walk, as fast as they could well carry him, where they settled his clothes, and in the meanwhile the prisoner Goodere came up to them again, and ordered them to mend their pace. With much difficulty they got him between the gate and stile, and carried him as far as the warehouse at the corner of the gla.s.s-house, there they rested and settled his clothes again; then they took him up, and carried him down to the Lime-kilns, as far as the lower part of the wall below madam New's; and then brought him down to a place opposite to the King's-head, and then they put him on board a boat (I take it the man-of-war's barge) having ten oars, and they handed him in. After, the prisoner Goodere went into the boat after him, and set sir John on the starboard-side, and the prisoner Goodere on the larboard-side; then sir John cried out, Murder! you gentlemen that are on sh.o.r.e, pray tell Mr. Jarrit Smith that my name is Dineley, and before he could say Goodere the gentleman took up the flap of the cloak, threw it over the face of sir John, and stopped his mouth; and says he, I will take care of you, that you shall not spend your estate; and ordered the barge to be put off; and then he took the gentleman's cloak from his shoulders, and put it on his own.

THE RECORDER--Who was it that stopped his mouth with his cloak?

CHARMSBURY--That gentleman the prisoner at the bar. The boat was so full, had so many people in it, that they were obliged to row but with eight oars: and when they proceeded down the river, it being about three quarters flood, and the gentleman continually crying out, they went out of sight, and I saw no more of them.

_Mrs. Darby_, who lived at the limekilns, saw Sir John forced along between two men; he was crying out, Murder, murder! for the Lord's sake save me, save me, for they are going to kill me. She knew Sir John very well; she had mended his chair for him last summer; she was told that the gentleman at the bar was the captain of the man-of-war; he was dressed in a dark drab-coloured coat, and his waistcoat was trimmed with gold. She heard Sir John cry out something as he was being hurried into the boat, but she could not hear what.

_William Dupree_ was drinking at the King's Head with a friend, and a young woman who was reading at the window said she heard a great noise, on which they went out, and saw a company of men forcing a gentleman along, the prisoner Goodere coming behind them. They said that he had murdered a man, and that they were taking him on board for justice. They put him on the yawl, while Captain Goodere stood by. He cried out, 'For G.o.d's sake! go and acquaint Mr. Jarrit Smith, for I am undone, they will murder me.' The witness went back to the King's Head, where the people advised him to go to Mr. Jarrit Smith and inform him of it, which he did. When Sir John cried out he saw Goodere put his hand on his mouth.

_Theodore Court, Master of the Ship, sworn._

VERNON--Will you tell Mr. Recorder and the jury what you know concerning the death of sir John Dineley Goodere?

T. COURT--On the 18th of January last, being Sunday, the barge went up to fetch captain Goodere from Bristol, and about seven of the clock in the evening he came on board, and when he came into the gangway, says he, How do you all do, gentlemen?

Excuse me, gentlemen, from going the right way to-night, for I have brought an old mad fellow on board and I must take care of him. I saw a gentleman with a black cap coming up the ship's side, and his groans shocked me, so that I could not help him; he looked much surprised as a person used ill; as soon as he was on board he was taken into custody, and carried by the captain's orders down to the c.o.c.kpit, and put into the purser's cabin, and a centinel ordered upon him; and I saw him no more at that time. Next morning I was told that the captain's brother was murdered, and that the captain had given Charles White and Mahony leave to go on sh.o.r.e.

THE RECORDER--By whose direction was he put into the purser's cabin?

T. COURT--The captain himself went down and saw them put him in.

VERNON--Whereabout in the ship is the purser's cabin?

T. COURT--In the c.o.c.k-pit.

VERNON--Was it a place where gentlemen who came on board commonly lay?

T. COURT--No, n.o.body had laid in it for a considerable time.

The next morning the cooper met me, and said, Here is fine doings to-night, Mr. Court! Why, what is the matter? said I.

Why, said he, about three o'clock this morning they went down and murdered sir John. The ship was in an uproar; the Cooper said, if Mr. Perry (the lieutenant) did not secure the captain, he would write to the board; we had several consultations in the ship about it. The captain sent for me to breakfast with him: I accepted his invitation; I can't say but he behaved with a very good name to all the people on board. About ten o'clock Mr. Perry, myself, and the other officers, with the cooper, consulted about securing the captain. Mr. Perry cautioned us not to be too hot; for, said he, if we secure the captain before we know sir John is dead, I shall be broke, and you too.

We send for the carpenter, and desired him to go down and open the cabin-door, the centinel who stood there having said it was lock'd; the carpenter went down, opened the cabin-door, and came up, and said sir John was murdered; and that he lay on his left side, with his leg up crooked. I told them, gentlemen, there is nothing to be done before the coroner comes; and therefore we must not touch him: whereupon the door was ordered to be fastened up; we then consulted how to take the captain, and a method was agreed on for that purpose. And as soon as the captain was taken, he declared he was innocent of it, that he knew not that his brother was murdered. When the coroner came, I saw the deceased, and my heart ached for him.

THE RECORDER--Who was it put the centinel upon sir John?

T. COURT--The captain ordered it to be done.

VERNON--Is it usual to place a centinel at the purser's cabin-door?

T. COURT--No, it is not; unless there be somebody there under confinement.

VERNON--Is there any other cabin near the purser's?

T. COURT--Yes, there is the slop-room just by; there the cooper and his wife lay that night: there is just a little part.i.tion of about half-inch deal, parting the slop-room from the place where sir John lay confined.

VERNON--Pray, will you tell us whether any and what discourse pa.s.sed between Mr. Goodere and you, about sailing, and when it was?

T. COURT--Sir, in the morning he asked me, Will the wind serve to sail? He said, he had another pressing letter from the lords of the admiralty to sail as soon as possible. I told him that the wind was west-south-west, and that we could not go out to sea; for no pilot would take charge of the ship I believed. And as this is a harbour where a pilot is allowed, I don't pa.s.s for this place; otherwise I must have observed his orders.

VERNON--Did he acquaint you how far or to what part, he would have you sail?

T. COURT--Yes, he said, if he got no further than the Holmes, he did not care; and asked me if it was safe riding there. I told him it was not; for it was foul ground for such a ship as ours.

THE RECORDER--Mr. Goodere, will you ask this witness any questions?

GOODERE--What cabins are there in the c.o.c.k-pit?

T. COURT--I know no cabins there but the purser's cabin and the slop-room, etc.

VERNON--Call Mr. Williams.

_William Williams_ produced a watch which he had found in a vault in Back Street. Culliford, who kept the Brockware Boat on the Back, had reported at the Council House, when he was examined there, that a watch and some money had been left at his house; but his wife, when asked for them, denied the watch, but afterwards admitted that she had thrown it into the vault where the witness afterwards found it.

_T. Court_ said that the captain had had a watch like the one produced.

In answer to Goodere, he said that there were in the c.o.c.kpit the steward's room, the purser's cabin, and the slop-room. The ship had been moored on Thursday the 15th of January. When Sir John was murdered she lay in the King Road; the witness then described the position of the ship with greater detail.

_Vernon_ interposed to state that the ship was in the King Road, which was well known to be within the franchise of the city: the sheriffs of the city continually executed writs there; and such a serious matter ought not to be decided on a side wind.

_Duncan Buchanan_, one of the crew of the _Ruby_, was ordered to go to the White Hart on Tuesday the 13th of January, and there were Mahony and the privateer's men drinking hot flip. He saw a gentleman come out of Mr. Smith's; he was mounted, and had pistols before him; he was followed by a servant, also armed. Some of the men ran out, and Goodere followed them and ordered them to follow the gentleman. On the 18th, the barge came alongside the ship, about seven in the evening, with the gentleman in it. The witness stood in the gangway to receive him.

When he came up, I heard him make a moan, and the captain said, I have brought a madman on board, bring him along, I will bring him to his senses by-and-by. I saw them take him along the gangway. You must not mind what he says, said the captain; and he was ordered down to the purser's cabin: I was ordered centinel there. About twelve o'clock the captain sent for me to come up to him, and I laid down my sword and went up, and Mahony was there with him; and there was a bottle of rum and a gla.s.s before them: the captain asked me to drink a dram, I thanked him and drank. He asked me how his brother was? I told him he groaned a little; says the captain, I know the reason of that, he is wet, and I am coming down by-and-by to shift him with dry stockings: so I left the captain and Mahony together.

Some time after the captain came down to me as I was at my post at the purser's cabin; he asked if his brother made a noise; I told him no; upon which the captain listened a little time at the door, and then said, Give me the sword, and do you walk upon deck, for I want to speak to my brother in private. Soon after this Mahony went down, and very soon after Mahony was down, I heard a great struggling in the cabin, and the gentleman cry out Murder! I then thought the gentleman had been in one of his mad fits; but now I suppose they were then strangling him. As I was walking to-and-fro in the gun-room, I looked down, and saw the captain take the candle out of the lanthorn, which was hanging up there, and he gave the candle into the cabin.

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

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

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

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

THE RECORDER--You said that sir John Dineley cried out Murder!

Was that before you offered the candle to the captain?

BUCHANAN--Yes, Sir; it was before.

THE RECORDER--How long?

BUCHANAN--About a quarter of an hour.