Part 20

City and county of Bristol, to wit. The voluntary Examination and Confession of Matthew Mahony, a native of Ireland, aged about 21 years. This Examinant confesseth and saith, That about sixteen or seventeen days ago, and several times since, he was desired by Mr. Goodere, captain of the _Ruby_ man-of-war, now lying at King-road, in the county of the city of Bristol, to seize his, the captain's, brother, sir John Dineley Goodere, bart., and bring him on board the said man-of-war; and that on Tuesday last, this examinant, and the crew belonging to the man-of-war's barge, and Edward Mac-Daniel, John Mac-Graree, and William Hammon, privateer's men, were placed by the said captain at the White-Hart alehouse, opposite St. Augustine's Church, in order to seize sir John Dineley Goodere that day; but it so happened that the captain forbid them to do it then. And that on Sunday last, this examinant, the said barge's crew, or the greatest part of them, and George Best, cock-stern of the barge, the said Edward Mac-Daniel, John Mac-Graree, William Hammon, and one Charles Bryer, privateer's men as aforesaid, were again placed at the White-Hart aforesaid, to seize the said sir John Dineley Goodere, and waited there for some time; and he coming out of Mr. Jarrit Smith's house, and coming under St. Augustine's church-yard wall, this examinant and his comrades pursued him, and near the pump there they came up with him, and told him there was a gentleman wanted to speak with him; and he, asking where the gentleman was, was answered, a little way off, and he went quietly a little way; but no one appearing, he resisted and refused to go; whereupon this examinant and comrades sometimes forcibly hauled and pushed, and at other times carried him over St. Augustine's butts, captain Day's rope-walk, and along the road to the hot-well (captain Goodere being sometimes a little behind, and sometimes amongst the crowd all the way), till they came to the slip where the barge lay. But sir John was very unwilling to go, made the utmost resistance, and cried out murder a great many times; and when he was put into the barge, called out and desired somebody would go to Mr. Jarrit Smith, and tell him of his ill-usage, and that his name was sir John Dineley; whereupon the captain clapt his hand on sir John's mouth to stop him speaking, and told him not to make such a noise, he had got him out of the lion's mouth (meaning the lawyer's hands), and would take care he should not spend his estate; and bid the barge men row away, which they did; and in their passage to the man-of-war, the two brothers bickered all the way. But when they came to the man-of-war, sir John went on board as well as he could, and the captain took him down into the purser's cabin, and stayed a little time with him, and treated him with a dram of rum, and then left him for a considerable time; and in the interim sent for this examinant into his, the captain's cabin, and there told this examinant he must murder his brother, for that he was mad, and should not live till four o'clock in the morning; and this examinant reasoning with him, and telling him he would not be concerned and that he thought he had brought him there with intent only to bring him to reason, and take care that he should not spend his estate in law, and to have a perfect reconciliation: but the captain still insisting, that this examinant had taken him, he should do it; and this examinant then saying, he was not able to do it of himself, the captain replied, if this examinant could get nobody else, he and this examinant must do it themselves. And then ordered him to call one Elisha Cole; and he being too drunk to undertake such an affair, bid this examinant call one Charles White, a very stout lusty fellow, and the captain gave him a dram, and bid him sit down, and soon gave other drams, and asked him if he could fight, and told him, Here is a madman, he must be murdered and thou shalt have a handsome reward. And this examinant, the said Charles White, and the captain, all being agreed to murder the said sir John Dineley Goodere, the captain then proposed the method, and produced a piece of half-inch rope about nine foot long, and Charles White having made a noose in the rope, the captain said, applying himself to this examinant and the said Charles White, You must strangle him with this rope, and at the same time gave the handkerchief now produced, that in case he made a noise, to stop his mouth; and said, I will stand sentinel over the door whilst you do it; and accordingly instantly went out of his own cabin, and turned the centinel from the purser's cabin-door, and let this examinant and White into the purser's cabin, where sir John Dineley Goodere was lying in his clothes on a bed. The captain having pulled to the door, and standing centinel himself, the said White first strangled sir John with his hands, and then put the rope about sir John's neck and hauled it tight, and sir John struggled, and endeavoured to cry out, but could not. And this examinant confesses, that whilst White was strangling sir John, this examinant took care to keep him on the bed, and when one end of the rope was loose, this examinant drew and held it tight; and thus each bore a part till sir John was dead; and they having rifled the deceased of his watch and money, knocked at the door to be let out; and the captain called out, Have you done? they replied, Yes. He opened the door, and asked again, Is he dead? And being answered in the affirmative, and having a light, swore, by God, he would be sure he was dead; and then went in himself, and returning, locked the door, and put the key in his pocket, and they all went together to the captain's cabin again, and there this examinant gave the captain sir John's watch, and the captain gave this examinant his own watch in lieu of it; and then the captain gave them both some money, and White afterwards gave this examinant eight guineas as part of the money he took out of the deceased's pocket, and then the captain ordered them to be put on shore in his own boat. And further this examinant confesses and saith, That before and after the murder was committed, the captain, Charles White, and this examinant consulted what to do with the corpse; and the captain proposed to keep it two or three days in the ship, and, as he expected to go to sea, would sew it up in a hammock, or something else, and there throw it over-board. And that before this examinant and his comrades were sent to seize sir John, as is before set forth, they were ordered by captain Goodere, that, if they met with any resistance, they should repel force by force, and were prepared with short heavy sticks or bludgeons for that purpose.

MATTHEW MAHONY.

The Recorder cautioned the jury that this statement was evidence against Mahony only, and was not to be taken as evidence against Goodere.

_Vernon_ said that this concluded his evidence as to the facts; but that as Goodere had made a point as to the position of the ship, he would call evidence to show that the King Road had always been taken to lie within the city and county of Bristol; and that the sheriff's officers of Bristol had always used to execute both city and county process in the King Road.

_John Wint_ and _Lowden_ were called, and proved that they had served process out of the Mayor's and the Piepowder Court, and process issued out of the King's Bench, and the Common Pleas, and the Admiralty Court, in the King Road.

_Goodere_ being called on for his defence, said that he would call witnesses to prove that sir John was a lunatic, and that he was doing his best to take care of him.

_Mrs. Gethins_ said that Goodere had asked her for a garret to keep his brother in, for he was a madman; he made no secret of it. She had heard nothing about Mahony having five pounds a month to take care of him. She had heard Goodere talk with his own doctor about his brother.

_Mr. Marsh, sworn._

GOODERE--Did you go ashore in the morning about the king's business, or what business did you go about?

MARSH--I had an order about eight o'clock the night sir John was brought on board, to go up in the morning to Bristol for the letters from the Admiralty, and about four of the clock in the morning I was called up to go: but the lieutenant seemed much disordered, and bid me come to him before I set out. I waited on the lieutenant, and told him, that White and Mahony said they had liberty to go on shore, that the captain had given them liberty to go; the lieutenant said, he knew nothing of it. But as it is always my way, before I carry anybody off, I said, I would go to the captain and ask leave. I went to the captain, and asked him, if White and Mahony had liberty from him to go on shore? And he said, Yes, let them go.

GOODERE--Mr. Marsh, did you go upon the king's business, or on purpose to take up these men?

MARSH--I went about the king's business.

VERNON--But it was after sir John was brought on board, that Mr. Goodere ordered you to go up?

MARSH--Yes, Sir, it was.

VERNON--Did anybody else go up with you, besides Mahony and White?

MARSH--No, there did not.

VERNON--Did Mr. Goodere give you orders to put them on shore in any particular place?

MARSH--I will do justice between man and man: the captain did not give me orders to put them on shore in any particular place.

VERNON--Were they landed publicly or privately?

MARSH--I put them on shore at the Gibb, about six of the clock in the morning.

GOODERE--Now, may it please you, sir, I shall show that Mahony had business at Bristol that day by appointment, to receive some wages that was due to him; for which purpose I shall call Mr. Dagg.

_Abel Dagg_, the keeper of Newgate, had had one Mervin in his house as a prisoner for debt. Mahony had a claim against him for wages due to him before he was pressed, and Mervin wished to settle the matter with him. Accordingly Dagg had seen Goodere on the Tuesday or Wednesday before this matter, and he said that he would meet Dagg to accommodate the difference on the Monday following. The captain made the appointment to meet him on the Monday, but he told Taylor, an attorney, that Mahony would come on shore on Monday. He did not know that White had any business on shore on Monday.

_Bridget King_ was sworn.

GOODERE--Mrs. King, will you give the Court an account of what you know of the lunacy of my brother sir John Dineley?

MRS. KING--Please you, my lord, I think he was mad; for he would get up at two or three of the clock in the morning, and call his servants up, and fall a-singing; and then he would go to bed again, and swear it was but twelve o'clock at night, and lie a-bed all day. He would send his boy out all over his grounds to pick up stones, and have the wheel-barrow rattling about the streets on a Sunday: he hath ringed the bell to call his servants up to his bedside, and when they were come up, he would ask them what they did there, and swear they were come to shoot him? He himself hath gone over all his grounds on a Sunday to pick sticks, and hath sent his servants to market when there was none; and he would be busy in every thing, and hang on the pot himself; and he hath been quite raving mad.

VERNON--Did you live as a servant to sir John?

MRS. KING--I lived as a servant with him in London, and he came down for the air to Tockington; he brought me down to go to Bath.

VERNON--How long did you continue with him?

MRS. KING--A twelve-month, sir.

VERNON--And how durst you venture to live so long with a madman? He did not go mad for love of you, I hope? Have you lived any time in Bristol?

MRS. KING--No.

VERNON--Then I suppose you came but now from London?

MRS. KING--Yes, I did.

GOODERE--Do you believe he was a madman?

MRS. KING--In the actions that I have seen by him, I have reason to think he was a madman.

_Mrs. Mary Stafford, sworn._

GOODERE--Mrs. Stafford, will you tell his lordship and the jury what you know of sir John's being a lunatic?

MRS. STAFFORD--Sir John hired me for a housekeeper in London, and told me he had a great many servants, and he wanted a housekeeper. When he brought me down, he ordered me to his seat at Tockington; where, he said, he had a great deal of company frequently. When I came there, I found there was nothing in what he had told me; for, instead of a great many servants, he had but one: a poor old shattered house, ready to tumble down about one's ears, and the household goods all to pieces: he was a madman, for if I had followed his directions in any thing I should have done mischief. He hath sent me and the rest of his servants to Thornbury market, when there was none; he hath ringed the bell to call his servants to come to his bedside to him, and when we have come up to him, he hath asked us, what we did there? Sir, said I, you called me up; he hath said he did not: and after we had been there a quarter of an hour, he would take a knife, fork, glass-bottle, or anything that came in his way, to throw at us, asking of us, What did we come to rob him? And I was afraid of my life, to live with him. I do believe he was a madman, or else he would never have acted as he did; he would go into the kitchen, and take the pot, and hang it on the fire. I style him a madman by his actions.

VERNON--And must he therefore be hanged himself like a mad dog, think you?

MRS. STAFFORD--I know nothing of that, Sir.

VERNON--How long did you live with sir John?

MRS. STAFFORD--Three months, Sir.

GOODERE--Call Mr. Robert Cock.

THE RECORDER--What do you call him to prove?

GOODERE--My lord, in order to prove sir John Dineley a lunatic. Mr. Cock, will you give an account to my lord and the jury what you know of the lunacy of sir John Dineley?

_Robert Cock, sworn._

COCK--My lord, I have known Mr. Dineley at Charlton for some years; I have been several times in his company; I have seen him do several acts of lunacy, as a madman.

VERNON--Where do you live?

COCK--I live in Cumberland, when I am at home.

VERNON--Are you of any business?

COCK--I am an officer belonging to his majesty.

VERNON--What kind of officer?

COCK--A salt officer.

GOODERE--I will not give your lordship and the jury much more trouble. I am entirely innocent; they have not proved that I was present at the death of sir John Dineley.

THE RECORDER--Don't deceive yourself; though they have not proved you was actually in the cabin, when sir John was murdered, yet they have given evidence of that, which (if the jury give credit to) will amount to presence in the eye of the law.

GOODERE--I shall now call some witnesses to my character, and likewise to shew how improbable it is that I should be guilty of the murder of my brother.

Call Mr. Pritchard.

_Mr. Pritchard_ had known Goodere many years; he always bore the character of a good husband, a good neighbour, and a kind friend.

_The Rev. Mr. Watkins_, three months or half a year before Sir John's death, had told Goodere that Sir John had told him that he had made his will and cut his brother off from everything, and had given his estate to the Footes. The witness had found Sir John a good neighbour, and a kind friend; he was a man of strong passions, and if any one affronted him, he would let the party know that he did resent it. His tenants, and those the witness had conversed with, said that he was one of the best of landlords.

VERNON--I don't ask you, Sir, concerning his moral character; but whether he was in his senses or not?

WATKINS--In his senses! I saw him last Christmas, he was making up his accounts with several of his tenants; he was then in very good understanding. I take him to have been a man that always had his senses in a regular exercise.

VERNON--What have you heard the prisoner Mr. Goodere say in relation to Sir John's making his will?

WATKINS--I believe he told me that sir John had not the power to make a will; I told him it was my opinion, if they would be reconciled together, sir John's will would not stand.

_Mr. Thomas_ and _Mr. Ashfield_ and the _Rev. Mr. Rogers_ spoke in general terms to Goodere's good character.

_George Forcevil_ had known him for fourteen or fifteen years; he had a very good character in the neighbourhood; he constantly attended his church twice a day Sundays, and would be there at prayers almost every day. He thought him to be a good man.

_Goodere_ said he would not trouble the Court with any more evidence as to his character; he was deprived of some evidence by reason of his sickness in gaol, which prevented his friends from coming to advise him about his defence; also there were witnesses on board the ship who might have been of great service to him, but the ship had sailed before he got an order from the Admiralty ordering them to stay on shore.

_Frederick_ drew the Recorder's attention to the fact that there had been several aspersions in the newspapers to the prejudice of Goodere, and that a pamphlet had been published in Bristol called _The Bristol Fratricide_; but he hoped that the jury would not be influenced by such matters against the prisoner.

The jury declared that they had never seen any such pamphlet or newspapers.

VERNON--Mr. Recorder, we must beg leave to ask Mr. Jarrit Smith's opinion, as to Sir John's being a lunatic or not?

SMITH--I am surprised to hear it said by some of Mr. Goodere's witnesses that sir John Dineley Goodere was mad. I knew him fourteen or fifteen years, and conversed with him both in person and by letter; but never discovered that he was in the least disordered in his senses, I always took him to be a man of sound understanding. On the Sunday before his death, he expressed himself with a great deal of good nature and affection at the sight of his brother.

_Shepard_ proposed to call evidence to show that the place where the ship lay was not in the city and county of Bristol.

_The Recorder_ said that the evidence that had been given as to the service of writs, proved that the King's Road was within the jurisdiction, and it was admitted that the ship lay within the Road. If, however, the prisoner could show that any part of the Road was, or ever had been esteemed to be, within any other county than the county of the city of Bristol, he would hear him. He then asked Mahony if he had anything to say.

MAHONY--I hope your Lordship will consider that I was a poor, pressed servant, and that I was drunk when I made the confession, and I was frightened out of my wits.

MR. RECORDER--You say you were drunk when you made the confession; it is possible, that night when you were taken and brought before the magistrates you were in liquor, but it seems your confession was not taken until the next day.

_Vernon_ then replied on the whole case; confining himself to pointing out that if Goodere was abetting Mahony in killing Sir John, it made no difference that he was not in the cabin at the time that he was killed.

_Shepard_ replied, trying to distinguish Goodere's case from those which had been cited by Vernon, and suggesting that Goodere only brought his brother on board the ship in order that he might take proper care of him; but the Recorder stopped him, pointing out that he was going off from the point of law to matter of fact. He said that he should tell the jury that if they believed that Goodere stood at the cabin door to prevent any persons coming who might prevent the murder, or to encourage those within in the business they were about, they must find him guilty on the indictment. He then recapitulated the facts in some detail, but did not add any comment. He concluded by laying down the law as to whether Goodere was an accessory to what was done, in the sense already indicated, and told the jury that, in such a case as the present, they would be well-advised not to attach much weight to the evidence given as to Goodere's character.

The jury thereupon retired, and after a short space returned, and found both the prisoners Guilty.

The next day Charles White was tried on a separate indictment for the same murder. He pleaded Not Guilty, but was convicted, chiefly on the evidence of Jones the cooper and his wife, and his own confession.

On the next day all three prisoners were brought up, and having nothing to say for themselves were all sentenced to death.

They were all hung at Bristol on the 15th of April, having confessed the fact. 'The body of Mahony is hung in chains near the place where the horrid fact was committed.'

FOOTNOTES:

[51] Samuel Goodere (1687-1741) entered the navy in 1705, served through the War of Spanish Succession, but in 1719 was found guilty by a court-martial of having been very much wanting in the performance of his duty in the attack on St. Sebastian in the same year. He was temporarily appointed to another ship for rank in 1733. He was then living with his father, who had quarrelled with John; and apparently John had quarrelled with his wife, who was supported against him by Samuel. The father's will disappointed both sons, and John, having cut off the entail of his estate during his son's life, after his death announced his intention of leaving it to one of the Footes, a cousin of the actor, which probably led to his murder. Samuel left two sons; it seems doubtful whether they succeeded to the baronetcy. The elder died insane. The younger became a poor knight at Windsor, and dropped the name of Goodere. He made himself conspicuous by the oddity of his behaviour. He believed that a small sum of money expended in law-proceedings would realise a fortune, and that that money would be obtained through a wife. He therefore frequented crowded places, and on seeing any woman or girl he did not know would present her respectfully with a printed proposal of marriage. He died in 1809.

[52] Sir Michael Foster (1681-1763) entered Exeter College 1705, was called to the Bar in 1713, and practised locally at his native town of Marlborough. He became Recorder of Bristol in 1735, and a puisne judge of the King's Bench in 1745. He enjoyed a great reputation as a master of Crown Law, and was the author of the well-known _Discourses_ on that subject.

[53] After mentioning certain obsolete rules relating to indictments, Sir James Stephen says:--'I do not think that anything has tended more strongly to bring the law into discredit than the importance attached to such technicalities as these. As far as they went, their tendency was to make the administration of justice a solemn farce. Such scandals do not seem, however, to have been unpopular. Indeed, I have some doubt whether they were not popular, as they did mitigate, though in an irrational, capricious manner, the excessive severity of the old criminal law' (_Hist. Crim. Law_, vol. i. p. 284).

[54] It is curious that Shepard did not take the point that the prisoner was not described as a baronet, which he in fact became on his brother's murder. Till recently such an objection would have been fatal.

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