Part 10

HATSELL, BARON--Mr. Jones, if you can say any juryman hath said anything concerning the cause, and given his verdict by way of discourse, or showed his affection one way or the other, that would be good cause of challenge.

JONES--My lord, then we should keep you here till to-morrow morning.

HATSELL, BARON--If there hath been any great friendship between any juryman and the party, it will look ill if it is insisted upon.

COWPER--My lord, I do not insist upon it, but I profess I know of no friendship, only that Mr. Clarke in elections hath taken our interest in town; I know I have a just cause, and I am ready to be tried before your lordship and any fair jury of the county; therefore I do not insist upon it.

A jury was then sworn, and _Jones_ opened the case for the prosecution.

JONES--May it please your lordship, and you gentlemen that are sworn, I am of counsel for the king in this cause, and it is upon an indictment by which the gentlemen at the bar stand accused for one of the foulest and most wicked crimes almost that any age can remember; I believe in your county you never knew a fact of this nature; for here is a young gentlewoman of this county strangled and murdered in the night time. The thing was done in the dark, therefore the evidence cannot be so plain as otherwise might be.

After she was strangled and murdered, she was carried down into a river to stifle the fact, and to make it supposed she had murdered herself; so that it was indeed, if it prove otherwise, a double murder, a murder accompanied with all the circumstances of wickedness and villainy that I remember in all my practice or ever read of.

This fact, as it was committed in the night time, so it was carried very secret, and it was very well we have had so much light as we have to give so much satisfaction; for we have here, in a manner, two trials; one to acquit the party that is dead, and to satisfy the world, and vindicate her reputation, that she did not murder herself, but was murdered by other hands. For my part, I shall never, as counsel in the case of blood, aggravate; I will not improve or enlarge the evidence at all; it shall be only my business to set the fact as it is, and to give the evidence, and state it as it stands here in my instructions.

My lord, for that purpose, to lead to the fact, it will be necessary to inform you, that upon Monday the 13th of March, the first day of the last assizes here, Mr. Cowper, one of the gentlemen at the bar, came to this town, and lighted at Mr. Barefoot's house, and staid there some time, I suppose to dry himself, the weather being dirty, but sent his horse to Mrs. Stout's, the mother of this gentlewoman. Some time after he came thither himself, and dined there, and staid till four in the afternoon; and at four, when he went away, he told them he would come and lodge there that night, and sup.

According to his word he came there, and had the supper he desired; after supper Mrs. Stout, the young gentlewoman, and he sat together till near eleven o'clock. At eleven o'clock there was orders given to warm his bed, openly to warm his bed in his hearing. The maid of the house, gentlemen, upon this went up stairs to warm his bed, expecting the gentleman would have come up and followed her before she had done; but it seems, while she was warming his bed, she heard the door clap together; and the nature of that door is such, that it makes a great noise at the clapping of it to, that any body in the house may be sensible of any one's going out. The maid upon this was concerned, and wondered at the meaning of it, he promising to lie there that night; she came down, but there was neither Mr. Cowper nor Mrs. Stout; so that we suppose, and for all that we can find and learn, they must go out together. After their going out, the maid and mother came into the room; and the young gentlewoman not returning, nor Mr. Cowper, they sat up all night in the house, expecting what time the young gentlewoman would return. The next morning, after they had sat up all night, the first news of this lady was, that she lay floating and swimming in water by the mill dam. Upon that there was several persons called; for it was a surprize how this should come to pass. There she lay floating with her petticoats and apron, but her night rail and morning gown were off, and one of them not found till some time after; and the maid will give you an account how it came to be found.

This made a great noise in the country; for it was very extraordinary, it happening that from the time the maid left Mr. Cowper and this young gentlewoman together, she was not seen or heard of till next morning, when she was found in this condition, with her eyes broad open, floating upon the water.

When her body came to be viewed, it was very much wondered at; for in the first place, it is contrary to nature, that any persons that drown themselves should float upon the water. We have sufficient evidence, that it is a thing that never was; if persons come alive into the water, then they sink; if dead, then they swim; that made some more curious to look into this matter. At first, it was thought that such an accident might happen, though they could not imagine any cause for this woman to do so, who had so great prosperity, had so good an estate, and had no occasion to do an action upon herself so wicked and so barbarous, nor cannot learn what reason she had to induce her to such a thing. Upon view of the body, it did appear there had been violence used to the woman; there was a crease round her neck, she was bruised about her ear; so that it did seem as if she had been strangled either by hands or a rope.

Gentlemen, upon the examination of this matter, it was wondered how this matter came about, it was dark and blind. The coroner at that time, nor these people, had no evidence given, but the ordinary evidence, and it passed in a day. We must call our witnesses to this fact, that of necessity you must conclude she was strangled, and did not drown herself. If we give you as strong a proof as can be upon the nature of the fact, that she was strangled, then the second matter under that enquiry will be, to know who, or what persons, should be the men that did the fact. I told you before, it was, as all wicked actions are, a matter of darkness, and done in secret to be kept as much from the knowledge of men as was possible.

Truly, gentlemen, as to the persons at the bar, the evidence of the fact will be very short, and will be to this purpose.

Mr. Cowper was the last man unfortunately in her company; I could wish he had not been so with all my heart; it is a very unfortunate thing, that his name should upon this occasion be brought upon the stage: but then, my lord, it was a strange thing, here happens to be three gentlemen; Mr. Marson, Mr. Rogers, and Mr. Stephens. As to these three men, my lord, I do not hear of any business they had here, unless it was to do this matter, to serve some interest or friend that sent them upon this message; for, my lord, they came to town (and in things of this nature it is well we have this evidence; but if we had not been straightened in time, it would have brought out more; these things come out slowly), these persons, Mr. Stephens, Mr. Rogers, and Mr. Marson, came to town here on the thirteenth of March last, the assize day. My lord, when they came to town, they came to an house, and took lodgings at one Gurrey's; they took a bed for two, and went out of their lodging, having taken a room with a large bed in it; and afterwards they went to the Glove and Dolphin, and then about eight o'clock one Marson came to them there; in what company they came, your lordship and the jury will know by and by; they staid there, my lord, at the Glove from eight to eleven, as they say. At eleven these three gentlemen came all into their lodging together to this Gurrey's. My lord, when they came in, it was very observable amongst them, unless there had been a sort of fate in it, first, That they should happen to be in the condition they were; and, secondly, fall upon the discourse they did at that time; for, my lord, they called for fire, and the fire was made them; and while the people of the house were going about, they observed and heard these gentlemen talk of Mrs. Sarah Stout; that happened to be their discourse; one said to the other, Marson, she was an old sweetheart of yours: Ay, saith he, but she cast me off, but I reckon by this time a friend of mine has done her business. Another piece of discourse was, I believe a friend of mine is even with her by this time. They had a bundle of linen with them, but what it was is not known, and one takes the bundle and throws it upon the bed; well, saith he, her business is done, Mrs. Sarah Stout's courting days are over; and they sent for wine, my lord; so after they had drank of the wine they talked of it, and one pulled out a great deal of money; saith one to another, what money have you spent to-day? Saith the other, thou hast had 40 or 50 pounds for thy share: Saith the other, I will spend all the money I have, for joy the business is done.

My lord, this discourse happened to be among them; which made people of the house consider and bethink themselves; when the next day they heard of this Mrs. Stout's being found in the water, this made them recollect and call to mind all these discourses.

My lord, after these gentlemen had staid there all night, next morning, truly, it was observed (and I suppose some account will be given of it) that Mr. Cowper and they did meet together, and had several discourses, and that very day went out of town; and I think as soon as they came to Hoddesden, made it all their discourse and business to talk of Mrs. Stout. My lord, we will call our witnesses, and prove all these facts that I have opened to your lordship; and then I hope they will be put to give you some account how all these matters came about.

_Call Sarah Walker_ (_who was sworn_).

JONES--Mrs. Walker, pray give an account to my lord and the jury, of Mr. Cowper's coming to your house the 13th of March, and what was done from his coming there at night to his going out?

WALKER--May it please you, my lord, on Friday before the last assizes, Mr. Cowper's wife sent a letter to Mrs. Stout, that she might expect Mr. Cowper at the assize time; and therefore we expected Mr. Cowper at that time, and accordingly provided; and as he came in with the judges, she asked him if he would alight? He said no; by reason I come in later than usual, I will go into the town and show myself, but he would send his horse presently. She asked him, how long it would be before he would come, because they would stay for him? He said, he could not tell, but he would send her word; and she thought he had forgot, and sent me down to know, whether he would please to come? He said, he had business, and he could not come just then; but he came in less than a quarter of an hour after, and dined there, and he went away at four o'clock: and then my mistress asked him, if he would lie there? And he answered yes, and he came at night about 9; and he sat talking about half an hour, and then called for pen, ink and paper, for that, as he said, he was to write to his wife; which was brought him, and he wrote a letter; and then my mistress went and asked him, what he would have for supper? He said milk, by reason he had made a good dinner; and I got him his supper, and he eat it; after she called me in again, and they were talking together, and then she bid me make a fire in his chamber; and when I had done so, I came and told him of it, and he looked at me, and made me no answer; then she bid me warm the bed, which accordingly I went up to do as the clock struck eleven, and in about a quarter of an hour I heard the door shut, and I thought he was gone to carry the letter, and staid about a quarter of an hour longer, and came down, and he was gone and she; and Mrs. Stout the mother asked me the reason why he went out when I was warming his bed? and she asked me for my mistress, and I told her I left her with Mr. Cowper, and I never saw her after that nor did Mr. Cowper return to the house.

She sat up all night; she next saw Sarah Stout when she had been taken out of the water the next morning. On being pressed, she was certain that it was a quarter after eleven by their clock when Cowper left the house; their clock was half an hour faster than the town clock.

COWPER--Pray, what account did you give as to the time before my lord chief-justice Holt?

WALKER--I gave the account that it was eleven, or quarter of an hour after.

COWPER--In her depositions there is half an hour's difference; for then she said it was half an hour after ten.

HATSELL, BARON--Which clock was earliest, yours or the town clock?

WALKER--Ours was half an hour faster than theirs.

COWPER--How came you to know this?

WALKER--By reason that dinner was dressed at the cook's, and it was ordered to be ready by two o'clock, and it was ready at two by the town clock, and half an hour after two by ours.

COWPER--When you came down and missed your mistress, did you enquire after her all that night?

WALKER--No, Sir, I did not go out of the doors; I thought you were with her, and so I thought she would come to no harm.

COWPER--Here is a whole night she gives no account of. Pray, mistress, why did not you go after her?

WALKER--My mistress would not let me.

COWPER--Why would she not let you?

WALKER--I said I would see for her? No, saith she, by reason if you go and see for her, and do not find her, it will make an alarm over the town, and there may be no occasion.

COWPER--Did your mistress use to stay out all night?

WALKER--No, never.

COWPER--Have not you said so?

WALKER--I never said so in my life.

COWPER--Pray, Mrs. Walker, did you never take notice that your mistress was under melancholy?

WALKER--I do not say but she was melancholy; she was ill for some time; and I imputed it to her illness, and I know no other cause.

COWPER--Have you not often told people that your mistress was a melancholy person, upon your oath?

WALKER--I have said she hath been ill, and that made her melancholy.

The witness admitted that she had bought poison twice within the last six months; she bought it at her own instance, and not at the order of Mrs. Stout, or of Mrs. Crooke. She asked for white mercury. She bought it to poison a dog with; the dog used to come about the house and do mischief. It was another maid who gave it to the dog; she swore at the inquest that she had given it because she had seen it given; it was given in warm milk which did not seem discoloured.

HATSELL, BARON--You said just now your mistress was ill, and that made her melancholy; what illness was it?

WALKER--My lord, she had a great pain in her head.

HATSELL, BARON--How long had she been troubled with it?

WALKER--Ever since last May was twelve months was the beginning of it.

JONES--Did you ever find her in the least inclined to do herself a mischief?

WALKER--No, I never did.

COWPER--You bought poison twice, did you give all the poison you bought to the dog?

WALKER--Yes.

COWPER--The first and the last?

WALKER--Yes, the whole.

COWPER--How much did you buy?

WALKER--I am not certain how much I bought.

COWPER--Pray, what mischief did it do the dog?

WALKER--I cannot tell, he may be alive till now for aught I know.

COWPER--What mischief did the dog do?

WALKER--A great deal, he threw down several things and broke them.

JONES--Did Mr. Cowper, upon your oath, hear Mistress Stout give you order to make his fire, and warm his bed?

WALKER--He knows best, whether he heard it or no; but he sat by her when she spake it.

JONES--Did she speak of it so as he might hear?

WALKER--Yes, she did; for he was nearer than I.

JONES--And did not he contradict it?

WALKER--Not in the least.

JONES--Was it the old or young woman that gave you the order?

WALKER--The young woman.

COWPER--Pray did the dog lap it, or did you put it down his throat, upon your oath?

WALKER--No, he lapt it, upon my oath.

JONES--Did Mr. Cowper send for his horse from your house the next day?

WALKER--I cannot say that; I was not in the way.

JONES--Did he come to your house afterwards?

WALKER--No, I am sure he did not.

JONES--Was the horse in your stable when it was sent for?

WALKER--Yes, sir.

JONES--And he did not come to your House again, before he went out of town?

WALKER--No, sir.

JONES--Do you know which way he went out of town?

WALKER--No, Sir.

HATSELL, BARON--Did Mr. Cowper use to lodge at your house at the assizes?

WALKER--No, my lord, not since I came there; the sessions before he did.

COWPER--Where did you come to invite me to dinner?

WALKER--At Mr. Barefoot's.

COWPER--Then you knew I was to lodge there?

HATSELL, BARON--Who wrote the letter on Friday, that Mr. Cowper would lodge there?

WALKER--I know not who wrote it, his wife sent it.

JONES--Did he tell you he would lodge there that night before he went away?

WALKER--When he went from dinner he said so.

_James Berry_ could not remember exactly which day it was that Sarah Stout was found in his mill; but he went out at six o'clock to shoot a flush of water and saw something floating in the water, and on going to see what it was, saw that it was part of her clothes. He did not see her face; no part of her body was above the water, only part of her clothes. The water might be about five foot deep and she might be about five or six inches under the water. She lay upon her side; when she was taken out her eyes were open.

JONES--Was she swelled with water?

BERRY--I did not perceive her swelled; I was amazed at it; and did not so much mind it as I should.

JONES--But you remember her eyes were staring open?

BERRY--Yes.

JONES--Did you see any marks or bruises about her?

BERRY--No.

COWPER--Did you see her legs?

BERRY--No, I did not.

COWPER--They were not above the water?

BERRY--No.

COWPER--Could you see them under the water?

BERRY--I did not so much mind it.

COWPER--Did she lie straight or double, driven together by the stream?

BERRY--I did not observe.

COWPER--Did you not observe the weeds and trumpery under her?

BERRY--There was no weeds at that time thereabouts.

JONES--Was the water clear?

BERRY--No, it was thick water.

JONES--Was there anything under her in the water to prevent her sinking?

BERRY--No, I do not know there was; she lay on her right side, and her right arm was driven between the stakes, which are within a foot of one another.

JONES--Did anything hinder her from sinking?

BERRY--Not that I saw.

COWPER--Mr. Berry, if I understand you right, you say her arm was driven between the stakes, and her head between the stakes; could you perceive her right arm, and where was her left arm?

BERRY--Within a small matter upon the water.

HATSELL, BARON--Did you see her head and arm between the stakes?

BERRY--Yes, her arm by one stake and her head by another.

JONES--Did her arm hang down or how?

BERRY--I did not mind so much as I might have done.

_John Venables_ and _Leonard Dell_ corroborated Berry's account of the position of the body, the latter asserting that the right arm did not reach to the ground. _Dell_ also helped to carry the body to land, but saw no bruises.

HATSELL, BARON--When you took her out of the water, did you observe her body swelled?

DELL--We carried her into the meadow, and laid her on the bank-side, and there she lay about an hour, and then was ordered to be carried into the miller's.

HATSELL, BARON--Did you observe that any water was in the body?

DELL--None at all that I could see; but there was some small matter of froth came from her mouth and nostrils.

JURYMAN--My lord, I desire to know whether her stays were laced.

DELL--Yes, she was laced.

COWPER--How was she taken out of the water?

DELL--My lord, we stood upon the bridge, I and another man, where she lay, and he laid hold of her and took her out.

JONES--And did you not perceive she was hung?

DELL--No, my lord.

_John Ulfe_ saw Mrs. Stout when she was taken out of the water; she lay there on one side; there was nothing at all to hold her up; she lay between a couple of stakes, but the stakes could not hold her up.

_Katherine Dew, Edward Blackno, William Edmunds, William Page, William How, and John Meager_ all gave the same account of the position and state of the body, Dew and Ulfe adding that her shoes and stockings were not muddy.

JONES--Now, my lord, we will give an account how she was when she was stript, and they came to view the body. Call John Dimsdale, junior. (Who was sworn.)

DIMSDALE--My lord, I was sent for at night on Tuesday the last assizes.

COWPER--My lord, if your lordship pleases, I have some physicians of note and eminency that are come down from London; I desire that they may be called into Court to hear what the surgeons say.

HATSELL, BARON--Ay, by all means.

COWPER--My lord, there is Dr. Sloane, Dr. Garth, Dr. Morley, Dr. Gilstrop, Dr. Harriot, Dr. Wollaston, Dr. Crell, Mr. William Cowper, Mr. Bartlett, and Mr. Camlin. [Who respectively appeared in Court.]

JONES--Give an account how you found Mrs. Stout.

HATSELL, BARON--You are a physician, I suppose, Sir?

DIMSDALE[45]--A surgeon, my lord. When I was sent for to Mrs. Stout's, I was sent for two or three times before I would go; for I was unwilling after I heard Mrs. Stout was drowned; for I thought with myself, what need could there be of me when the person was dead? but she still sent; and then I went with Mr. Camlin, and found a little swelling on the side of her neck, and she was black on both sides, and more particularly on the left side, and between her breasts up towards the collar-bone; and that was all I saw at that time, only a little mark upon one of her arms, and I think upon her left arm.

JONES--How were her ears?

DIMSDALE--There was a settling of blood on both sides the neck, that was all I saw at that time.

JONES--How do you think she came by it?

DIMSDALE--Truly I only gave an account just as I say now to the gentlemen at that time, I saw no more of it at that time, but about six weeks after the body was opened by Dr. Phillips----

COWPER--My lord, he is going to another piece of evidence and I would ask him----

JONES--Let us have done first; how was her ears?

DIMSDALE--There was a blackness on both ears, a settling of blood.

JONES--Call Sarah Kimpson.

HATSELL, BARON--Mr. Cowper, now you may ask him anything, they have done with him.

COWPER--I would ask him, whether he was not employed to view these particular spots he mentions at the Coroner's inquest?