Part 18

T. COURT--No, nobody 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 partition 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 passed 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 pass 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 cock-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 cockpit 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 glass 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 cock-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.

THE RECORDER--How long did the cry of murder continue?

BUCHANAN--About three or four minutes; soon after the captain had ordered me to keep back, he called for a candle, and I carried one down, and he gave me the sword, and bid me stand upon my post; and said he, if my brother makes any more noise, let him alone and send for me; and he locked the purser's cabin-door, and took the key away with him; and in the morning the doctor's mate, the cooper, and I consulted together about it; and I was willing to know, if sir John was dead or not: and when we peeped into the cabin, we saw him lying in a very odd sort of posture, with his hat over his face, and one of his legs lay crooked; upon which we concluded he was dead.

THE RECORDER--How long were you off your post from first to last?

BUCHANAN--I can't tell exactly.

THE RECORDER--Recollect as well as you can.

BUCHANAN--About three quarters of an hour.

THE RECORDER--And could you see who was at the purser's cabin-door all that time?

BUCHANAN--Yes, Sir; I saw the captain stand at the foot of the ladder at the door, with a drawn sword, from the time I went up to the time I came down again; he locked the door, and carried the key away with him.

VERNON--Pray, were there any bolts on the purser's cabin-door?

BUCHANAN--Yes, there were bolts on the door; they were put on soon after sir John came on board: sir John was in that cabin when they were put on.

VERNON--You say you heard a noise and outcry of murder; how far were you from the cabin-door when you heard that cry of murder?

BUCHANAN--I was walking to-and-fro the gun-room.

VERNON--How far is that from the purser's cabin-door?

BUCHANAN--As far as I am from you.

VERNON--Whom did you see go into the purser's cabin to sir John?

BUCHANAN--I saw Mahony go in there.

VERNON--Did you see any other person go in besides Mahony?

BUCHANAN--No, I did not; I saw Mahony go in just before the cry of murder, but no other person.

VERNON--Do you know any thing about securing the captain?

BUCHANAN--Yes, I will tell you what happened then. We went and secured him. As soon as he was laid hold of, he cried out, Hey! hey! what have I done? We told him his brother was murdered, and that he had some concern in it. He said, What if the villains have murdered my brother, can I help it? I know nothing of it.

GOODERE--Did you see me in the cabin at all?

BUCHANAN--No, Sir, I don't say you were in the cabin.

THE RECORDER--Mr. Goodere, the witness does not say he saw you in the cabin, but at the door, and with a sword in your hand, and that you handed in a light after the cry of murder was over.

GOODERE--I could not have been in the cabin without Buchanan's seeing me go in, because he stood at the bulkhead of the gun-room.

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

MAHONY--Are you certain that I was in the cabin when you heard the groans?

BUCHANAN--I am positive you were there in the purser's cabin when I heard the murder cried out.

_Daniel Weller, sworn._

VERNON--I think you are the carpenter belonging to the _Ruby_ man-of-war?

WELLER--Yes, Sir, I am.

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

WELLER--The 18th of January last, about seven o'clock in the evening, the captain came on board in the barge; as I attended him, I observed he seemed in a pleasant humour, he came upon the deck at once, and said he had brought a poor crazy man on board, who had been the ruin of himself and family, and that he had now brought him on board to take care of him: he took him down to the cock-pit, and having been there a little while, one of my people came and asked for some bolts; I asked, What for? He told me it was to put on the outside of the purser's cabin-door, to bolt the crazy gentleman in. I gave him a bolt; after he had nailed it on, he came and wanted another: I had another, gave it to him, and went down to see the bolts put on. Sir John cried out, What are you doing, nailing the door up? I answered, No. I ordered the door to be opened, to turn the points of the nails. The door being opened, sir John asked whether the carpenter was there? I told him I was the man. The centinel told me no-body must go in there; however, I went in, while they turned the points of the nails. Sir John bid me sit down, and asked me, What does my brother mean by bringing me on board in this manner, to murder me? No, Sir, says I, I hope not, but to take care of you. He asked me, if his brother told me that he was mad? I saw no more of him till next morning.

VERNON--And what did you see then?

WELLER--Next morning the lieutenant sent me down to see if sir John was dead. I went down and asked the centinel for the key; he told me the captain had been there in the night, and had taken away the key in his pocket. I broke open the cabin-door, and sir John was lying on one side dead, with his right leg half up bent, his hat was over his face, with blood bespattered about his mouth and nose. I went directly up, and told the lieutenant of it.

THE RECORDER--By whose orders did you put the bolts on the door?

WELLER--One of my people came to me for bolts, and told me he was ordered by the captain to put the bolts on; and none of them ever came for any thing to be done, without an order of an officer.

_Edward Jones, sworn._

VERNON--Mr. Jones, I think you are the cooper of the ship _Ruby_?

JONES--Yes, Sir.

VERNON--Were you on board upon Sunday the 18th of January last?

JONES--Yes, Sir, I was.

VERNON--In what cabin did you lie that night?

JONES--I had no cabin, but I made bold to lie in the slop-room that night, having my wife on board.

VERNON--Pray what is that you call the slop-room?

JONES--It is like a cabin.

VERNON--How near is the slop-room to the purser's cabin?

JONES--Nothing but a thin deal-partition parts it from the purser's cabin.

VERNON--Will you relate to Mr. Recorder and the jury what you know about the murder of Mr. Goodere's brother; tell the whole you know concerning it.

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 cock-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 God 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, Damn 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, unbuttoned 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: damn 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. Damn 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 nobody 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 shore?

JONES--I heard some talking that the yaul was to go to shore 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 cock-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 shore. I then swore they should not go on shore, 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 shore? 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 shore. 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 glass 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 assistance.

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 shore?

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).