CAWTHORNE--The reckoning was called for before I came in to take it; and though 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.

LORD HIGH STEWARD--My lord, have you any thing more to ask this witness?

EARL OF WARWICK--No, my lord, at present, that I think of.

LORD HIGH STEWARD--My lord Peterborough, your lordship desired to ask a question, will you please to propose it now?

The Earl of Peterborough reminded the witness that he had said that there were two sides, and that Coote and Lord Warwick were on the same side. He asked what Cawthorne meant by this, and he explained that all six had their swords drawn; that Mohun, Warwick, and Coote were on one side of the bar, and the three captains, James, French, and Dockwra on the other: the cause of quarrel must have occurred above stairs, but he heard nothing pa.s.s between them.

LORD HIGH STEWARD--But you have not given a satisfactory answer to that question which the n.o.ble lord, my lord Peterborough, asked you, What reason you had to apprehend that the n.o.ble lord the prisoner at the bar, and capt. Coote were of a side?

CAWTHORNE--My lord Mohun came to the chairside, when capt.

Coote and capt. French were got into the two first chairs, and told capt. 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.

LORD HIGH STEWARD--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.

ATTORNEY-GENERAL--If my n.o.ble 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-bye to enquire a little further into that matter. My lords, I desire he may be asked this plain question, What words or other pa.s.sages 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.

ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked, who those words were spoken to, and who they were applied to?

CAWTHORNE--They were spoke to Mr. James, Mr. French, and Mr.

Dockwra, who were within side of the bar.

ATTORNEY-GENERAL--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.

ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked this question. Was that before the swords were drawn, or afterwards?

CAWTHORNE--It was before.

ATTORNEY-GENERAL--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.

ATTORNEY-GENERAL--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 swords were drawn?

CAWTHORNE--Before the swords were drawn; for I did not see the swords drawn till I came back.

In answer to Lord Wharton, the witness said that Mohun and Warwick had threatened to send for a file of musketeers, and Mohun had done all he could to pacify the quarrellers, and he 'particularly had his finger p.r.i.c.ked with endeavouring to cross their swords, and keeping them from fighting; which was all he got from it.' His hand was b.l.o.o.d.y; but the witness did not see him hurt, as he was outside at the time. He received their reckoning just before they came down to the bar and stayed there two or three minutes afterwards. It was after Coote came out of his chair that he heard him speak the words he had deposed to; no reply was made to them. Mohun, Warwick, and James had all tried to stop the quarrel and threatened to send for the guard; this was before the swords were drawn downstairs.

ATTORNEY-GENERAL--Pray, my lord, let 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, before the swords were drawn.

LORD HIGH STEWARD--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.

EARL RIVERS--He says, that after my lord Mohun and my lord Warwick threatened 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 say to capt. James and capt. French, they did not care a farthing for them, they would fight them at any time.

LORD HIGH STEWARD--Who were together then?

CAWTHORNE--Capt. James, Mr. French, and Mr. Dockwra, after my lord Mohun and my lord Warwick were gone with capt. Coote.

LORD HIGH STEWARD--Then Mr. French was with them? Mr. Dockwra said so?

CAWTHORNE--Yes, my lord.

LORD WHARTON--If I apprehend him aright, as to what he says now, my lord of Warwick, my lord Mohun, and capt. 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.

LORD WHARTON--Who does he say spoke those words?

LORD HIGH STEWARD--You hear my n.o.ble lord's question, who spoke those words? Repeat them again.

CAWTHORNE--When my lord Warwick, my lord Mohun, and capt.

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.

ATTORNEY-GENERAL--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.

ATTORNEY-GENERAL--How soon after your examination did you recollect yourself as to what you now speak?

CAWTHORNE--The next day after.

He had not mentioned the words he now said were spoken by Dockwra either at the inquest or at the trial at the Old Bailey.

_Thomas Browne was sworn._

LORD HIGH STEWARD--What question do you ask this witness, Mr.

Attorney?

ATTORNEY-GENERAL--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?

LORD HIGH STEWARD--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 fellows and our chair, at the Buffler's Head Tavern at Charing-cross, and I heard some people at Locket's, 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 pa.s.sage; 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 capt. Coote, and my lord of Warwick he got into another; When the door of the chair was shut up, we asked 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.