Part 5

Then the lord high steward[32] asked the peers to be pleased to stand up uncovered, while the King's commission was read. And the peers stood up, uncovered, and the King's commission was read in Latin, by which it was set out that the Grand Jury of the County of Middlesex had found a true bill of murder against the Earl of Warwick and Lord Mohun, which the peers were commissioned to try. Proclamation that all persons there present should be uncovered, was then made, and the return of _certiorari_, bringing the indictment before the House of Lords, was read in Latin.

Order was then made that the judges might be covered, and the governor of the tower was ordered to produce the earl of Warwick; and he was brought to the bar by the deputy-governor, having the axe carried before him by the gentleman gaoler, who stood with it at the bar, on the right hand of the prisoner, turning the edge from him.

The lord high steward then informed the prisoner that he had been indicted of murder by the Grand Jury for the county of Middlesex, on which indictment he would now be tried; and proceeded--

Your lordship is called to answer this charge before the whole body of the house of peers as assembled in parliament. It is a great misfortune to be accused of so heinous an offence, and it is an addition to that misfortune, to be brought to answer as a criminal before such an assembly, in defence of your estate, your life, and honour. But it ought to be a support to your mind, sufficient to keep you from sinking under the weight of such an accusation, that you are to be tried before so noble, discerning, and equal judges, that nothing but your guilt can hurt you. No evidence will be received, but what is warranted by law; no weight will be laid upon that evidence, but what is agreeable to justice; no advantage will be taken of your lordship's little experience in proceedings of this nature; nor will it turn to your prejudice, that you have not the assistance of counsel in your defence, as to the fact (which cannot be allowed by law), and their lordships have already assigned you counsel if any matter of law should arise.

After a little more to the same effect the indictment was read, first in Latin, then in English, and the earl of Warwick pleaded Not Guilty.

The indictment was then opened by Serjeant Wright,[33] to the effect that the prisoner was accused of murdering Richard Coote on the 30th of October, by stabbing him, together with Lord Mohun, Richard French, Roger James, and George Dockwra.

The _Attorney-General_[34] then opened the case, as follows:--

ATTORNEY-GENERAL--May it please your lordships, I am of counsel in this cause for the king against this noble lord, Edward earl of Warwick and Holland, the prisoner at the bar, who stands indicted by the grand jury of the County of Middlesex, has been arraigned, and is now to be tried before your lordships for the felonious killing and murdering of Mr. Coote, in the indictment named; the evidence to make good this charge against this noble lord, it comes to my turn to open to your lordships.

My lords, the case, as to the fact, according to my instructions, is this: Upon Saturday, the 29th of October last, at night, my lord of Warwick, my lord Mohun, Mr. French, Mr. Dockwra, and Mr. Coote, the unfortunate gentleman who was killed, met together at one Locket's who kept the Greyhound-tavern in the Strand, and there they staid till it was very late; about twelve of the clock at night, or thereabouts, a messenger was sent by the company to fetch another gentleman, Mr. James; and Mr. James coming to them, in what condition your lordships will be told by the witnesses; about one of the clock in the morning, on Sunday, the 30th of October, they all came down out of the room where they had been so late, to the bar of the house, and there, as the witnesses will tell your lordships, swords were drawn, and the chairs were called for, and two chairs which were nearest at hand came, and two of the company went into those chairs; who they were, and what past at that time, the witnesses will tell your lordships; those that got into those chairs came out again, and more chairs were called for. But I must acquaint your lordships, that my lord Mohun, when the two gentlemen that went into the chairs ordered the chairmen to take them up, and carry them away, spoke to them to stop and go no further, for there should be no quarreling that night, and that he would send for the guards and secure them, and after this they came out of the chairs again; it will appear there were swords drawn amongst all of them, and some wounds given: more chairs being called for, and brought, this noble lord that is here at the bar, my lord of Warwick, my lord Mohun, and the other four gentlemen, went all into the chairs, and gave the chairmen directions, whither they should carry them, at leastwise the foremost had directions given them, and the rest were to follow them; it was a very dark night, but at last they came all to Leicester-square; and they were set down a little on this side the rails of the square, and when the chairmen had set them down they went away; but immediately some of them heard my lord of Warwick calling for a chair again, who came towards the rails, and there they found two of the gentlemen, that had been carried in some of the other chairs, holding up Mr. Coote between them, and would have had the chairmen carried him away to a surgeon's, but they found he was dying, and so would not meddle with him; afterwards my lord of Warwick and Mr. French were carried by two of the chairs to Mr. Amy's, the surgeon at the Bagnio in Long-acre, where Mr. French being wounded, was taken care of particularly by the recommendation of my lord of Warwick, and the master of the house was called up, it being very late; Mr. Coote's sword was brought to that place, but by whom it was brought we cannot exactly say. While my lord of Warwick and captain French were there, and my lord of Warwick had given orders for the denying of himself, and forbid the opening of the door, there came the other two gentlemen, Mr. James and Mr. Dockwra, and upon their knocking at the door they were let in by my lord's order, after he had discovered who they were, looking through the wicket. Mr. James had his sword drawn, but it was broken. My lord of Warwick's hand was slightly wounded, and his sword bloody up to the hilt when he came in, as will be proved by the testimony of the servants in the House. There was a discourse between my lord, Mr. James and Mr. Dockwra, about going into the country; but before they went, the swords were all called for to be brought to them, and upon enquiry, there was no blood found upon Mr. French's sword, but a great deal upon my lord of Warwick's, of which great notice was taken at that time. Mr. Coote, who was killed, had received one wound in the left side of his breast, half an inch wide, and five deep, near the collar bone; he had likewise another wound upon the left side of his body; both which your lordships will hear, in the judgment of the surgeon, were mortal wounds, and the evidence will declare the nature of them.

My lords, the evidence does chiefly consist of, and depend on circumstances, the fact being done in the night, and none but the parties concerned being present at it; we shall lay the evidence before your lordships, as it is, for your judgment, and call what witnesses we have on behalf of the king, against this noble peer the prisoner at the bar, and take up your lordships' time no further in opening; and we shall begin with Samuel Cawthorne; he is a drawer at the tavern where those lords and gentlemen were together, and he will give you an account of the time they came there, how long they staid, what happened in the house during their being there, and what time they went away.

LORD HIGH STEWARD--Give him his oath. (Which the clerk did.)

ATTORNEY-GENERAL--My lords, I doubt the witness is so far off, that it will be difficult for him to hear the questions that we are to ask him, unless we could have him nearer to us.

LORD HIGH STEWARD--Mr. Attorney, my lords seem to be of opinion that it will be more for your advantage and theirs that the witnesses stand at the distance they do; which will oblige you to raise your voice so loud, that they may hear the witnesses and you too.

ATTORNEY-GENERAL--Is your name Samuel Cawthorne?

CAWTHORNE--Yes, my lord.

ATTORNEY-GENERAL--Where do you live?

CAWTHORNE--With Mr. Locket at Charing-cross.

ATTORNEY-GENERAL--Did you live with him at the Greyhound tavern in the Strand the latter end of October last?

CAWTHORNE--Yes, I did.

ATTORNEY-GENERAL--Well, pray will you acquaint my lords with the time when my lord of Warwick, my lord Mohun, and Mr. Coote were at that house, how long they stayed, what happened while they were there, and when they went away?

CAWTHORNE--It was Saturday night, the 29th of October last.

ATTORNEY-GENERAL--Pray tell my lords the whole of your knowledge in the matter.

CAWTHORNE--There came my lord of Warwick, my lord Mohun, captain Coote, capt. French, and captain Dockwra, the 29th of October last, in the evening, to my master's house at the Greyhound tavern in the Strand.

ATTORNEY-GENERAL--How long were they there, and what time of night came they in?

CAWTHORNE--About 8 o'clock at night, my lord Warwick, my lord Mohun, capt. French, and capt. Coote, came in.

ATTORNEY-GENERAL--What day do you say it was?

CAWTHORNE--Saturday, the 29th of October last.

ATTORNEY-GENERAL--How long did they continue there?

CAWTHORNE--It was between one and two the next morning before they went away.

ATTORNEY-GENERAL--Was any body sent for to come to them there?

CAWTHORNE--Yes, Mr. James.

ATTORNEY-GENERAL--What time was that?

CAWTHORNE--About twelve of the clock.

ATTORNEY-GENERAL--Did he stay with them till they went away?

CAWTHORNE--Yes.

ATTORNEY-GENERAL--What did you observe pass in the company while they were there?

CAWTHORNE--I did not observe any thing of quarrel, not so much as an angry word amongst them, till they came down to the bar and were going away; when they came down to the bar they ordered me to call them chairs, or coaches; and there were no coaches to be had, and so I went for chairs, and two chairs came; for the porter that went to call the coaches was a great while before he came back; and, as I said, I going for chairs, there came two; but that they said was not enough; so more chairs were called for, and at length there were more chairs gotten; in the first three chairs, my lord of Warwick, my lord Mohun, and captain Coote went away in; and my lord Warwick and my lord Mohun bid the chairmen carry them home.

ATTORNEY-GENERAL--Were there then any other chairs at the door?

CAWTHORNE--There were two more chairs at the door, and another was called for.

ATTORNEY-GENERAL--Did you hear any directions given where they should carry them?

CAWTHORNE--My lord Warwick and my lord Mohun bid them carry them home.

ATTORNEY-GENERAL--Did you hear my lord Warwick or my lord Mohun particularly, and which, say whither they would be carried?

CAWTHORNE--I did hear my lord Mohun say, captain Coote should go and lie with him, or he would go and lie with capt. Coote that night, for there should be no quarrelling.

ATTORNEY-GENERAL--Did they upon that go away?

CAWTHORNE--Mr. French and Mr. Coote were in chairs before my lord Mohun or my lord Warwick, or any of the rest.

ATTORNEY-GENERAL--What then happened upon their going into the chairs?

CAWTHORNE--My lord Mohun came out to them and swore there should be no quarrel that night, but he would send for the guards and secure them.

ATTORNEY-GENERAL--What happened then?

CAWTHORNE--Upon that, both of them came out of their chairs and came into the house, and there they came to the bar three of them in the passage by the bar, and three of them behind that passage.

ATTORNEY-GENERAL--Pray, will you tell what did really pass throughout the whole transaction? What was done after they came in again into the house?

CAWTHORNE--After that, I was bid to call for six chairs, if I could get no coaches, and so I did; and when I had brought what chairs I could get, and returned to the bar I heard the swords clash; when the swords were drawn I cannot say, nor by whom, it might be by all the six, for aught I know, because I was in the street to call the chairs, and when I came back to the house, I was in hopes all had been quieted, for their swords were putting up: and when they went away in the chairs, I did hope they went away friendly.

ATTORNEY-GENERAL--Pray, how did they go away? who went together?

CAWTHORNE--My lord of Warwick, my lord Mohun, and captain Coote went in the first three chairs, them three together, and bid the chairmen go home; the sixth chair was not then come.

ATTORNEY-GENERAL--When that chair came, pray what directions were given to it?

CAWTHORNE--I did not hear them give the chairmen any directions at all.

ATTORNEY-GENERAL--Do you know any thing more that was done after this time?

CAWTHORNE--No, my lord, not after they went away; after I returned with the chairs, it was in two minutes' time that they went away.

ATTORNEY-GENERAL--My lords, I suppose he knows no more of the matter.

LORD HIGH STEWARD--Will you then ask him no more questions, Mr. Attorney?

ATTORNEY-GENERAL--No, my lords, unless this noble lord shall ask him any questions, upon which we shall have occasion to examine him.

LORD HIGH STEWARD--My lord, has your lordship any questions to ask this witness? For now is your time, the king's counsel having done examining him.

EARL OF WARWICK--I desire to ask him, whether I did not bid the chairmen go home?

LORD HIGH STEWARD--If your lordship please to propose your question to me, I will require an answer to it from the witness, and it will be the better heard by my lords.

EARL OF WARWICK--My lord, I desire to know of this man, whether, when I went away in the chair from his master's house I did not bid the chairmen go home?

LORD HIGH STEWARD--Witness, you hear my lord's question, what say you to it?

CAWTHORNE--Yes; my lord of Warwick did bid the chairmen go home.

EARL OF WARWICK--My lord, I have another question to ask him. Whether he knows of any quarrel there was between me and Mr. Coote at that time, or any other time; because we both used to frequent that house?

CAWTHORNE--No, my lords, I never heard any angry words between my lord Warwick and Mr. Coote in my life.

[Then the lords towards the upper end of the House complaining that they did not hear his Grace, the Lord High Steward was pleased to repeat the question thus:]

LORD HIGH STEWARD--When my lord of Warwick bid the chairmen go home, or at any other time, did you observe that there had been any quarrel between his lordship and Mr. Coote?

EARL OF WARWICK--My lord, I desire he may be asked, since we both used that house, Whether that night, when I went away, or before or after, I had any quarrel with Mr. Coote?

LORD HIGH STEWARD--The question my lord desires you, that are the witness, to answer, is, Whether you did hear any quarrelling or angry words to pass between my lord Warwick and Mr. Coote that night before or after they came down, or when they went away, or at any other time?

CAWTHORNE--No, my lord, I never heard any angry words pass between them then, nor ever at any time before in all my life, but I always looked upon them to be very good friends.

EARL OF WARWICK--I desire he may be asked, Whether Mr. Coote did not come to that house in my company, and whether he did not frequently come to that house?

CAWTHORNE--Yes; they used to be there every day almost, and they came that night together in company.

EARL OF WARWICK--I desire he may be asked, whether I have not been frequently in his company there?

CAWTHORNE--Yes; I say very frequently, every day almost, sometimes twice a-day.

LORD HIGH STEWARD--Would your lordship ask him any other question?

EARL OF WARWICK--My lord, I desire he may be asked this question, whether he knows of any particular kindness between Mr. Coote and me?

LORD HIGH STEWARD--Do you know of any particular kindness between my lord Warwick and Mr. Coote, the gentleman that was killed?

CAWTHORNE--Yes, my lord, there was always a great kindness between them, as I observed: it ever was so, and I never heard angry words pass between them, but they were very good friends constantly; I waited upon them generally when they were at my master's house, which was every day almost.

EARL OF WARWICK--I desire to know of this witness, whether he does not remember, or can name, some particular kindnesses that passed between Mr. Coote and me?

LORD HIGH STEWARD--Can you specify any particular instances of kindness that passed between my lord Warwick and Mr. Coote?

CAWTHORNE--Yes; my lord of Warwick used generally to pay the reckoning for Mr. Coote, and he did so at this time.

EARL OF WARWICK--My lord, I desire he may be asked, between whom he apprehended the quarrel to be at this time?

LORD HIGH STEWARD--You say, friend, there were swords drawn and a quarrelling at the bar; can you tell between whom the quarrel was?

CAWTHORNE--My lord Warwick, my lord Mohun, and capt. Coote, were all on one side, and the other three were on the other side.

EARL OF WARWICK--Who were the two persons that it was apprehended the quarrel was between? I desire he may be asked.

LORD HIGH STEWARD--You say, there were three on the one side, and three on the other; pray, between whom did you apprehend the quarrel to be?

CAWTHORNE--I believe the quarrel was between Mr. Coote and Mr. French.

EARL OF WARWICK--My lord, I desire to know of this witness, what words he heard Mr. Coote say after he and Mr. French returned into the house and came out of the chairs.

LORD HIGH STEWARD--What do you say to the question my lord proposes?

CAWTHORNE--I heard Mr. Coote say, he would laugh when he pleased, and he would frown when he pleased, God damn him.

EARL OF WARWICK--My lord, I desire to know, who he thinks those words were addressed to?

LORD HIGH STEWARD--To whom did Mr. Coote speak these words?

CAWTHORNE--Whether he spoke them particularly to Mr. French or to the other two gentlemen who were on the other side of the bar, I cannot directly tell.

EARL OF WARWICK--I desire to know of him, whether Mr. Coote was not one of the three that was on the outside of the bar?

CAWTHORNE--Yes, my lord of Warwick, my lord Mohun, and capt. Coote, were of the outside of the bar.

EARL OF WARWICK--Was capt. Coote with me in the beginning of the night at that house?

CAWTHORNE--Yes, he came at the beginning of the night with my lord of Warwick.

EARL OF PETERBOROUGH--My lords, I desire to ask this witness one question.

LORD HIGH STEWARD--I think it is proper, my lords, in point of method, to let both sides have done before any questions be asked by any of my noble lords.

EARL OF PETERBOROUGH--I did apprehend my lord of Warwick had done.

LORD HIGH STEWARD--No, my lord, not as yet; pray, my lord of Warwick, what other questions has your lordship to ask of this witness?

EARL OF WARWICK--My lord, I desire he may be asked particularly this question, whether he perceived any quarrel particularly between me and capt. Coote when we went out of the house?

LORD HIGH STEWARD--You hear the question, did you perceive any quarrel between my lord Warwick and Mr. Coote before they went out of the house?

CAWTHORNE--No, I did not; nor ever saw any quarrel between them in my life.

EARL OF WARWICK--I desire to know who paid the reckoning that night?

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 pass between them.

LORD HIGH STEWARD--But you have not given a satisfactory answer to that question which the noble lord, my lord Peterborough, asked you, What reason you had to apprehend that the noble 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 noble 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 passages 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.