JONES--About Wednesday or Thursday before this happened, the captain said to me, Cooper, get this purser's cabin cleaned out, for he said he expected a gentleman shortly to come on board. I cleaned it out; and on Sunday evening the gentleman came on board, when the people on deck cried, Cooper, shew a light. I brought a light, saw the captain going down the c.o.c.k-pit ladder, the gentleman was hauled down: he complained of a pain in his thigh by their hauling him on board. The captain asked him, if he would have a dram? He said no; for he had drank nothing but water for two years. The captain ordered Mahony a dram; he drank it; he also ordered one Jack Lee to put two bolts on the purser's cabin-door. The gentleman walked to-and-fro the purser's cabin while they were nailing the bolts on. He wanted to speak with one of the officers. The carpenter told him he was the carpenter. Says the gentleman, Do you understand what my brother Sam is going to do with me? And said, His brother had brought him on board to murder him that night. The carpenter said, He hoped not, but what was done was for his good. The captain said, They must not mind what his brother said, for he had been mad for a twelvemonth past. And the captain went up again, and went into the doctor's room. I went to bed about eight o'clock. Some time about eleven o'clock at night I heard the gentleman knock, and said, He wanted to ease himself; to which the centinel gave no manner of heed. Is it not a shame, said he, to keep a gentleman in, after this manner? At last, some other person spoke to the centinel, and says, Why don't you go up and acquaint the captain of it, that the gentleman may ease himself? Soon after Mahony comes down with a bucket, for the gentleman to ease himself. Mahony sat down in the cabin, and he and the gentleman had a great deal of discourse together; the gentleman said he had been at the East-Indies, and told what he had got for his merit; and Mahony said, some by good friends. I heard the gentleman, after Mahony was gone, pray to G.o.d to be his comforter under his affliction.

He said to himself, he knew that he was going to be murdered, and prayed that it might come to light by one means or another. I took no notice of it, because I thought him a crazy man. I slept a little, and about two or three o'clock my wife waked me. She said, Don't you hear the noise that is made by the gentleman? I believe they are killing him. I then heard him kick, and cry out, Here are twenty guineas, take it; don't murder me; Must I die! must I die! O my life! and gave several kecks with his throat, and then he was still. I got up in my bed upon my knees: I saw a light glimmering in at the crack, and saw that same man, Mahony, with a candle in his hand. The gentleman was lying on one side. Charles White was there, and he put out his hand to pull the gentleman upright. I heard Mahony cry out, d.a.m.n ye, let us get his watch out; but White said he could not get at it. I could not see his pockets. White laid hold of him, went to tumbling him up to get out his money, unb.u.t.toned his breeches to get out his watch; I saw him lay hold of the chain; White gave Mahony the watch, who put it in his pocket; and White put his hand into one of the gentleman's pockets, and cursed that there was nothing but silver: but he put his hand in the other pocket, and there he found gold.

White was going to give Mahony the gold: d.a.m.n ye, says Mahony, keep it till by-and-by.

THE RECORDER--In what posture did sir John lie at that time?

JONES--He lay in a very uneasy manner, with one leg up; and when they moved him, he still remained so, which gave me a suspicion that he was dead. White put his hand in another pocket, took out nothing but a piece of paper, was going to read it. d.a.m.n ye, said Mahony, don't stand to read it. I saw a person's hand on the throat of this gentleman, and heard the person say, 'Tis done, and well done.

THE RECORDER--Was that a third person's hand, or the hand of Mahony or White?

JONES--I cannot say whether it was a third person's hand or not. I saw but two persons in the cabin, I did not see the person, for it was done in a moment. I can't swear I saw any more than two persons in the cabin.

THE RECORDER--Did you take notice of the hand that was laid on sir John's throat?

JONES--I did.

THE RECORDER--Did it appear to you like the hand of a common sailor?

JONES--No; it seemed whiter.

VERNON--You have seen two hands held up at the bar. I would ask you to which of them it was most like in colour?

JONES--I have often seen Mahony's and White's hands, and I thought the hand was whiter than either of theirs; and I think it was neither of their hands by the colour of it.

THE RECORDER--Was sir John on the floor, or on the bed?

JONES--On the bed; but there was no sheets: it was a flock-bed, and n.o.body had lain there a great while.

VERNON--How long did the cries and noise which you heard continue?

JONES--Not a great while: he cried like a person going out of the world, very low. At my hearing it, I would have got out in the mean time, but my wife desired me not to go, for she was afraid there was somebody at the door that would kill me.

VERNON--What more do you know concerning this matter, or of Mahony and White's being afterwards put on sh.o.r.e?

JONES--I heard some talking that the yaul was to go to sh.o.r.e about four of the clock in the morning, and some of us were called up, and I importuned my wife to let me go out. I called, and asked who is centinel? Duncan Buchanan answered, It is I.

Oh, says I, is it you? I then thought myself safe. I jumpt out in my shirt, went to him; says I, There have been a devilish noise to-night in the cabin, Duncan, do you know any thing of the matter? They have certainly killed the gentleman, what shall us do? I went to the cabin-door where the doctor's mate lodged, asked him if he had heard any thing to-night? I heard a great noise, said he. I believe, said I, they have killed that gentleman. He said, he believed so too. I drawed aside the scuttle that looked into the purser's cabin from the steward's room, and cried, Sir, if you are alive, speak. He did not speak. I took a long stick, and endeavoured to move him, but found he was dead. I told the doctor's mate that I thought he was the proper person to relate the matter to the officer, but he did not care to do it then. If you will not, I will, said I.

I went up to the lieutenant and desired him to come out of his cabin to me. What is the matter, said he? I told him I believed there had been murder committed in the c.o.c.k-pit, upon the gentleman who was brought on board last night. Oh! don't say so, says the lieutenant. In that interim, whilst we were talking about it, Mr. Marsh the midshipman came, and said, that there was an order to carry White and Mahony on sh.o.r.e. I then swore they should not go on sh.o.r.e, for there was murder committed. The lieutenant said, Pray be easy, it can't be so; I don't believe the captain would do any such thing. That gentleman there, Mr. Marsh, went to ask the captain if Mahony and White must be put on sh.o.r.e? And Mr. Marsh returned again, and said, that the captain said they should. I then said, it is certainly true that the gentleman is murdered between them. I did not see Mahony and White that morning, because they were put on sh.o.r.e. I told the lieutenant, that if he would not take care of the matter, I would write up to the Admiralty, and to the mayor of Bristol. The lieutenant wanted the captain to drink a gla.s.s of wine: the captain would not come out of his cabin; then the lieutenant went in first; I followed him. I told the captain that my chest had been broke open, and I desired justice might be done. Then I seized him, and several others came to my a.s.sistance.

THE RECORDER--Mr. Goodere, do you ask Mr. Jones any questions?

GOODERE--Do you know whether the midshipman was sent away on the king's business, or else only to put those two men on sh.o.r.e?

JONES--I know not, you were the captain of the ship.

THE RECORDER--Mahony, will you ask this witness any questions?

MAHONY--Did you see me lay hands on the gentleman?

JONES--Yes, I did, as I have already related.

_Margaret Jones, sworn._

VERNON--Mrs. Jones, pray acquaint Mr. Recorder and the jury what you know about the murder of sir John Dineley Goodere (the gentleman ordered by Mr. Goodere into the purser's cabin).

MRS. JONES--About seven o'clock in the evening, the 18th of last January, the captain (having been on sh.o.r.e) came on board, and came down into the c.o.c.k-pit, and asked if the cabin was clean? My husband answered, yes. On which the captain gave orders to bring down the gentleman; and the captain said to the doctor, Doctor, I have got an old mad fellow here, you must doctor him up as well as you can. They brought the gentleman into the cabin, the captain asked him how he did now? The gentleman complained that he had a great pain in his thigh, he was hurted by the men's hauling him as they had done. The captain asked him if he would drink a dram of rum? He answered, No; for he said he had drank nothing but water for two years past. The captain gave a dram to several persons there; and he gave orders for some sheets to be brought; and he said to Mahony, As his clothes are wet, do you pull them off. And the gentleman said to Mahony, Don't strip me, fellow, until I am dead. The gentleman said, Brother Sam, what do you intend to do with me? The captain told him that he brought him there to save him from rotting in a gaol. About ten o'clock Mahony was left there; the gentleman desired him to go; but Mahony said, I have orders to abide here, to take care of you. The gentleman said to Mahony, I can abide by myself. Before the captain went away, he bid Mahony to see if his brother had any knife about him.

The gentleman gave up his knife to Mahony, desired him to take care of it, for it was his son's knife. The gentleman asked about the knife several times in the night. About twelve o'clock I went to sleep; about two o'clock I wakened again: I heard the gentleman talk to Mahony, but Mahony advised the gentleman to go to sleep. He said, I cannot sleep. They talked together a great while. Mahony said, I am to go on sh.o.r.e in the morning, and if you have any letters to send to Bristol, I will carry them for you. I heard somebody say to the gentleman, You must lie still, and not speak a word for your life. Some minutes after I heard a great struggling; who it was, I don't know. The gentleman cried out, Murder; help for G.o.d's sake! and made several kecks in his throat, as though somebody was stifling him. I shook my husband, told him that somebody was stifling the gentleman. I heard two people in the cabin whispering; I don't know who they were. The gentleman cried out murder again, Help for G.o.d's sake! He said, I have twenty guineas in my pocket, here take it; must I die! Oh, my life!

And just about that time, before he was dead, somebody from the outside offered to come into the cabin, but I heard one of the persons on the inside say, Keep out, you negro; and then a great noise was made; I thought the cabin would have been beat down. Some few minutes after the gentleman had done struggling, a candle was brought: I soon got up, and looked through the crevice: I saw a man, who I believe to be White, take the gentleman by the coat, and pulled him upright. I saw Mahony with a candle in his hand; I observed the other to put his hand in the gentleman's pocket. One of them said, d.a.m.n ye, pull out his watch. Then I saw the person take hold of the watch-string and pull it out, and he said to the other, Here 'tis, take it, and put it into thy pocket. Then one of them put his hand in another pocket, and took it out, said, Here's nothing but silver; and then he searched another pocket, and said, Here it is; and pulled out a green purse: soon after that, the door was unbolted, I heard a person say, Where shall I run? who I believe was Mahony; and the other, Charles White, said, Follow me, boy. And they went to go upon deck through the hatch-hole, which is an uncommon way; and that is all I know.

THE RECORDER--Mr. Goodere and Mahony, do either of you ask this witness any questions?

GOODERE--No.

MAHONY--No.

_James Dudgeon, sworn._

VERNON--Mr. Dudgeon, I think you are the surgeon's mate belonging to the _Ruby_?

DUDGEON--Yes, Sir.

VERNON--Give Mr. Recorder and the jury an account what you know relating to this matter.

DUDGEON--I am very sorry that I should come on this occasion against captain Goodere, because he ever behaved towards me in a genteel manner. The week before this happened, I was told by one of the officers, that the captain was going to bring his brother on board; and on Sunday the 18th of January, about the dusk of the evening, the barge came down to the ship. I was at that time walking the quarter-deck; some of our people seeing the barge a-coming they said, Our captain is coming on board with his brother sure enough: but instead of coming up the quarter-deck, the captain went down upon the main-deck, and I still kept walking on the quarter-deck, expecting to see the gentleman when he went into the great cabin, but I afterwards found that he was ordered down to the c.o.c.k-pit. Soon after, I went down there myself; and the captain being there, said, Doctor, I have brought a madman to you, I don't know what we shall do with him, but we must make the best of him that we can; and Mahony came down likewise. The captain sent his steward for a bottle of rum, Mahony had a dram of it. The captain asked sir John if he would have one? Sir John replied, No; for, said he, I have not drank any thing of that nature for two years past; he groaned several times. There was then one Cole at the foot of the ladder, to whom also the captain gave a dram; then there was a centinel put upon the cabin-door; but Cole asked the captain if he might go in, and the captain said he might. The old gentleman made a noise as the captain went up the ladder; the captain told him, We have now brought you on board, and will take care you shall want for nothing. After the captain was gone, Cole wanted to go in, but the centinel would not let him; telling him that his orders were to let none in but Mahony: however, Cole went up and got leave of the captain to go in, and he did go in. Soon after this the captain came down again to the c.o.c.k-pit, and came into my place, and sat down; and after talking of things promiscuously, he said, he believed it would be proper for me to go and feel his brother's pulse; or else, Doctor, he said, do you chuse to leave it alone till to-morrow morning? I made answer, that to-morrow morning might be the best time; because the gentleman may be much confused by being brought down on the water. Come, said he, let us go in now; for I believe it will be as well. If you please, Sir, said I, I will; so the centinel opened the door, and we both went in. Immediately after, the captain went out again, and forthwith the door was shut upon me: which very much surprised me, to think that the captain should leave me with a madman, and I observed the captain to peep through; I then asked the gentleman what he mostly complained of? and felt his pulse. He then made some groans, and told me, that he had got a great cold last week at Bath, and that he felt a severe pain in his head. I was going to ask him some more questions, but the captain called me, and said, Don't ask him any more questions, but only feel his pulse. Then the centinel opened the door, and I came out, and the captain and I went into my place again.

Well, doctor, said he, how do you find his pulse? Why, Sir, said I, his pulses are very regular. Why, said he, I believe he was pretty much hurried upon the water. Then the captain went up the ladder, and a little while after he came down again; there were two midshipmen with me in my place, and when the captain came in, they went to go out, but he desired one of them to stay, for he had something to say to him, because he was to go up for letters in the morning; so we sat down, and talked of various things; but I informed the captain that the old gentleman have had hard lodging to-night. Why, said he, I would put another bed in there, and have given him clean sheets, but he would not hear anything of this kind. Then said he to me, Doctor, I believe it will not be amiss to take an inventory of everything he has about him, for fear it should be reported that he is robbed. I replied, Sir, it may not be amiss. By-and-by, Cole came tumbling down the ladder, the midshipman opened the curtain to see who it was; Captain, said he, that is Cole, and I then told that Cole had been drunk a great part of that day. Soon after that the captain opens the curtain, and sees Mahony stand by the centry. Mahony, said he, I thought you had been about the thing which I sent you to do; which I take to be getting the money out of the gentleman's pocket. No, Sir, said he, I chuse to do it after he is asleep.

Very well, said the captain. Then the captain spoke to the midshipman, and said, Mr. Marsh, You are to go up for letters to-morrow, and if anyone takes notice of what was done to-day, you may tell the people that it is my brother, and he is very much disordered in his brains, and I have got him on board in hopes of getting relief for him. Sometimes, Doctor, says he, he can talk as well as you or I; but at other times, he is very much out of order. About eight o'clock I was for going to bed, but did not till an hour and a half after; and about that time sir John was making a great noise, and asking who is without the door, what must I do my affairs in the cabin? What a shame is it? Will not you let me have anything to do it in? but n.o.body made any reply. Upon which I said to the centinel, why don't you answer the gentleman? Are not you ashamed of it? Upon which, I suppose, one went up to the captain and he came down, and said, he was sorry that the gentleman should make such a disturbance; but he hoped, that the first night would be the worst: upon which the captain went up, and Mahony went in; and I heard the gentleman and him talking together, and he asked Mahony, what his brother was going to do with him? What, says he, does he say I am mad? Formerly I used to be so, but now I have not tasted any thing stronger than water these two years.

But, said he, to be sure these fellows are not sailors who attacked me this day; they are not sailors, for, if so, they are sadly degenerated from what sailors were formerly, for I myself have been at sea, and might have been a commander. About half an hour after ten, I fell asleep, but was very uneasy.

About twelve the centinel was sent for to go up to the captain, but soon came down again; and about half an hour after two I awaked, hearing some stir in the c.o.c.k-pit; and I heard Mahony's voice in the cabin, saying, Lie still and sleep, Sir. In a short time after that I heard a struggle, and sir John cried out, Here is 20 guineas for you, take it; must I die? And it seemed to me, by his speaking, that they were stifling his mouth. Upon which the person who stood centry upon the cabin turned the key, whereupon Mahony cried out in a terrible pucker, d.a.m.n ye, keep the door fast. Upon which I spake, and said, What is the matter? what a noise is that? And the person who stood centinel made answer, Nothing at all, nothing at all; so I lay still a while, and all was pretty quiet. A little time after that, Mahony called for a light, and the cabin-door was opened, and a light handed in; the c.o.c.k-pit was then in darkness, so all was quiet again for some time. Soon after that the cabin-door was opened again, and I heard as if two or three people were coming out of the cabin, and heard Mahony say, which way shall I go? And somebody made answer, you may go through the hatch-hole. He repeated the question, which way shall I go? and the other answered, by the ship-side. I then thought somebody had been murdering sir John sure enough, and they are carrying off his body that way; at the same time a person stept up the c.o.c.k-pit ladder, and I heard the captain's voice, and he said, Centry, if he makes any more noise, let me know it; but I thought within myself, that he was past that.

After this was past, all was pretty quiet, and the centinel kept walking without my room: I was cautious of speaking to him, not knowing who he was; but soon after, one of the captain's servants came down to the store-room for liquor, and he asked the centry whether he had made any noise lately? To which he replied, You may tell the captain that the gentleman hath been at the lock. About half an hour after, the person who was upon the watch came to me, and asked, if I had any commands on sh.o.r.e, for the boat was going up? I told him, No; but perceiving by his voice who it was, I called him to come to me in the dark, and I whispered, and said to him, Mr. Heathorne, here hath been a h.e.l.lish cabal to-night, I believe they have murdered the gentleman; doth Mahony go on sh.o.r.e? He answered, that he did; then, said I, the thing is done. I then asked who was the centry without my door? and he told me; whereupon I called the centry to me, and asked him, what noise and cabal is this that hath been here to-night? He said, He did not know; but the captain, said he, hath been down several times to-night, and that he had taken the sword from him. Just after this, in came Edward Jones, the cooper, and his wife shaking and trembling; and said, White and Mahony had murdered the gentleman sure enough. I told them, I did believe they were both going on sh.o.r.e; and I would, said I, have you tell the lieutenant what you saw of the matter, and let him know that I am of the same opinion with you: but do you first go into the steward's room, and draw the scuttle, and then you'll see whether he is dead, or no. Upon which they went and drawed the scuttle, and a cat fled in their face, and they found the gentleman lay in the same posture as White and Mahony left him. I then bid them go and tell the lieutenant the matter, that those fellows might be prevented from going ash.o.r.e; but yet, said I, we can't stop them neither, seeing they have the captain's orders. Then went Jones up forthwith, and I believe, told the lieutenant; and I also stept up to him just after, and told him, that I believed sir John was actually murdered; for, said I, there have been a terrible noise in the c.o.c.k-pit to-night, and the captain himself was there this morning when 'twas almost three o'clock, and the men that were with him are going on sh.o.r.e. The lieutenant answered, that he could not stop these men from going ash.o.r.e, because the captain hath given them leave; so, said he, we must let it alone till morning, to see whether the gentleman is dead, or no. About eight o'clock in the morning I went to him again; but he told me it was best to defer it till we did see whether the captain sends down to him, or not. It is, said he, no way proper for us to think of seizing the captain, till we see that the gentleman is actually dead, and have reason to think he is murdered. When the captain's breakfast was ready, he sent for the lieutenant and me to come and breakfast with him: accordingly we did; and soon after there was a sh.o.r.e-boat came towards us, and then Mr.

Chamberlayn came on board, and went to the lieutenant's cabin; and the lieutenant told that gentleman, that they were then going to seize the captain, for it was believed that he had been accessary to the murder of his brother. Immediately a message was brought by one of the men, that sir John was dead: upon which the captain was forthwith seized by eight or ten men.

VERNON--How far was your cabin from the purser's?

DUDGEON--I can't say certainly, but believe about three yards.

VERNON--Did you view the body of the deceased whilst he lay dead in the purser's cabin?

DUDGEON--I did.

VERNON--And did you find any visible marks of violence upon him?

DUDGEON--Sir, I saw no rope, but he had a neck-cloth about his neck, and there were some marks in his neck, which looked like the scratching of nails; and I believe that he was strangled, the blood came out of his nose and mouth.

_William Macguinis_ was in his hammock when Sir John was brought aboard, but was called up at twelve o'clock to stand sentinel in the gun-room.

I had not been long on my post before I saw the captain come down; and soon after I saw Mahony, that man there (pointing at the prisoner Mahony), also come down. I stopt him, and asked him where he was going? d.a.m.n your blood, you son of a b.i.t.c.h, what is that to you? How busy you make yourself. And when he came to the bottom of the c.o.c.k-pit ladder I heard him say to another man, Come here, this is the way. But who it was he spake to, I know not. This was a little after two o'clock. The captain espied me, he made towards me, and waved his naked cutla.s.s, and said, Stand back! stand back!

The captain was down in the c.o.c.kpit then. Buchanan had been sentinel in the c.o.c.kpit, but had been released by the captain. The witness saw Mahony go into the purser's cabin, and afterwards saw the captain and Mahony come up again from the c.o.c.kpit; it was then about three o'clock.