Part 6

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 pricked with endeavouring to cross their swords, and keeping them from fighting; which was all he got from it.' His hand was bloody; 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 noble 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 passage; 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. Coote bid me carry him into Leicester fields, and to make all the haste I could; my lord of Warwick and my lord Mohun being in the next chairs, asked him, Whither are you a-going, and called out twice, and he said, To Leicester fields; pray do not, says my lord of Warwick, but come along with us, and let it alone till to-morrow; but he bid us go on; and as we were turning up St. Martin's Lane, by the Cross Keys tavern, my lord Mohun, and my lord Warwick called out to us to stop, and their chairs came up to the back door of the Cross Keys tavern, and there all the three chairs were set on a-breast in St. Martin's Lane, and while they were talking together, there came by three chairs on the other side of the way; and Mr. Coote bid us take up and make all the haste we could to get before them into Leicester fields, so taking up the chair again, Mr. Coote bid us make haste, and if we could go no faster, he swore, damn him, he would run his sword in one of our bodies: There were two chairs before me, and my lord Mohun and my lord Warwick followed in two chairs after me; and when we came to the corner of Leicester fields, at Green street end, all the three chairs were set down a-breast again, and Mr. Coote put his hand in his pocket, and took out half a guinea to pay, and said he had no silver; and my lord of Warwick spoke to my lord Mohun, who took out three shillings out of his pocket, who said, there was for my lord Warwick, captain Coote, and himself; and when they were gone out, I took my box and my pipe, and filled my pipe, and took the lanthorn and lighted it, and by that time I had lighted my pipe, I heard a calling out, Chair, chair, again, towards the upper end of the square; so I took my chair, and there was one of the chairs that was not gone; and so we came up to the upper end of the fields, and they called to us to bring the chairs over the rails; we told them we did not know how to do that, for we should not be able to get them back again; at last we did get over the rails, and made up close to the place where we heard the noise, for we could see nothing, it being a very dark night; and when we came up close to them, by our lanthorn there were two gentlemen holding up Mr. Coote under their arms, and crying out, My dear Coote, My dear Coote!

ATTORNEY-GENERAL--Pray, who were those two gentlemen?

BROWNE--I did not know them, one was in red cloaths, and the other had gold lace, and they would have had me have taken Mr. Coote into my chair; but seeing him bloody, and not able to help himself, I said I would not spoil my chair, and so would not meddle with him; but they said they would make me any satisfaction for my chair, and desired me to take him in; but he gave himself a spring from them, and we found he was too heavy for us to lift over the rails, and all we could do could not make him sit in the chair, but the chair was broken with endeavouring to place him there; and they said if we would carry him to a surgeon's, they would give us £100 security; but we finding it impossible, the watch was called for, but nobody would come near, for they said it was out of their ward, and so they would not come anigh me; and I staid about half an hour with my chair broken, and afterwards I was laid hold upon, both I and my partner, and we were kept till next night eleven a-clock; and that is all the satisfaction that I have had for my chair and every thing.

ATTORNEY-GENERAL--Pray, my lord, I desire he may recollect himself; for we do apprehend it is very material, who it was that desired to take Mr. Coote into the chair.

BROWNE--I cannot tell who they were, it was so very dark I could only see their cloaths.

ATTORNEY-GENERAL--Did you see the earl of Warwick there?

BROWNE--No, Sir, he was not there; one of them, I tell you, had officers' cloaths on, red lined with blue, and the other had gold lace on; there was nobody there that held him up but them two.

MARQUIS OF NORMANBY--He says he saw two persons holding up Mr. Coote; it would be very well to have that matter very well settled, who those two persons were; I desire to know how he is sure my lord of Warwick was not one of them two?

BROWNE--I know my lord of Warwick very well, and I am sure he was neither of the two.

DUKE OF LEEDS--I would know what light he had to discern it so well by, that he can be sure my lord of Warwick was not there; for he says it was a very dark night, and yet he describes the particular persons that held Mr. Coote up.

BROWNE--Yes, my lord, I am sure my lord of Warwick was none of them.

DUKE OF LEEDS--How could you distinguish in so dark a night, the colours of people's cloaths?

BROWNE--With the candle that I had lighted in my lanthorn.

DUKE OF LEEDS--He could not know any of the persons unless he held a lanthorn to their faces, or knew them very well before.

LORD HIGH STEWARD--My lord Warwick, will your lordship ask this witness any questions?

EARL OF WARWICK--My lord, I desire he may be asked, Whether I did not bid him stop at St. Martin's-lane end, and do all that I could to hinder Mr. Coote from going any further, but to go home?

BROWNE--The earl of Warwick, and my lord Mohun, as they turned up the lane, asked Mr. Coote, whither he was going? And when he said to Leicester-fields, they desired him to let it alone till to-morrow; and my lord Mohun said he should go home with him; but the other bid us go on, and said he would not go to his lodgings, but that they would make an end of it that night; still they called to him again, Dear Coote, let us speak a word with you; and as the chairs came to the back-door of the Cross-keys tavern, there they stood all of a breast, and they both of them spoke to him, and stood a pretty while there, and in the mean time three chairs passed by on the other side; he commanded us to take up, and carry him away to Leicester-fields immediately, and overtake the other chairs, or he would run one of us into the body.

LORD HIGH STEWARD--Would your lordship ask him any more questions?

EARL OF WARWICK--No, my lord.

ATTORNEY-GENERAL--My lord, I observe, he says they discoursed some time together while they stopped in St. Martin's-lane; I desire that he may be asked, Whether he can tell what that discourse was?

BROWNE--I could not well hear, they whispered together, but I could hear my lord Mohun, and my lord of Warwick, desire capt. Coote to go home, and let the business alone till another time.

ATTORNEY-GENERAL--I desire he may explain himself, what that business was that they would have put off till to-morrow.

BROWNE--I know not what it was; I heard of no anger betwixt them, but they were as good friends, for anything I know to the contrary, as ever they were in their lives or as ever I see any men.

ATTORNEY-GENERAL--Our next witness is William Crippes. [Who was sworn.]

LORD HIGH STEWARD--What do you ask this man, Mr. Attorney?

ATTORNEY-GENERAL--Pray, will you give my lords here an account who you carried to Leicester-fields, the 29th or 30th of October, and what happened in your knowledge at that time?

CRIPPES--Captain Coote was the first man that went into the chair when we came to the Greyhound tavern; afterwards he came out again, and when we took him up the second time, he was the first man that set out; and he bid us carry him to Leicester-fields; and when we came to the corner of St. Martin's-lane, we turned up that way; and my lord of Warwick, and my lord Mohun, called to us, being in chairs behind, to know whither we were going, and desired to speak with captain Coote; and he said he was going to Leicester-fields; and when they asked, what to do? He said, to end the business: they desired him to put it off till to-morrow; and while they were discoursing about it in St. Martin's-lane, there passed by other three chairs, which, when captain Coote saw, he bid us take up and overtake them, and go faster, or he would run one of us into the body: so we went on, and at the lower end of Leicester-fields we set him down; and the other two gentlemen, my lord Warwick and my lord Mohun, were there set down, and went lovingly together, for any thing that I saw, up the pavement of the square, towards the upper end; and in a little time we heard a noise of calling for chairs towards the upper end, and when we came there with the chair, we were bid to lift over the chair within the rails; and when we said it was hard to be done, they insisted upon it, and we did come in; and when we came there we saw two gentlemen holding up captain Coote, and would have had us taken him into the chair; we saw there was a great deal of blood, but I never heard how it came, and they would have had us carried him to a French surgeon's, and proffered any money.

ATTORNEY-GENERAL--My lord, I desire to know, who they were that desired him to be carried to the surgeon?

LORD HIGH STEWARD--You hear the question, what say you?

CRIPPES--I cannot tell, my lord; one of them had something of lace upon him, but it was so dark that I could hardly see my hand, and therefore I cannot tell who they were; and when there was an objection made, that the chairs would be spoiled, they said we need not question our chair, they would give us £100 security to answer any damages, if we would but carry him; so we endeavoured to put him into the chair, but could not; and so we called out to the watch, to have had some help; but they said it was none of their ward, and so they would not come to us; so the gentlemen went away, and we left them, and went and called a surgeon, who, when he came, said, he was a dead man, and we were secured till the next day.

ATTORNEY-GENERAL--Pray, my lord, I desire he may be asked, Were there not other chairs in that place at the time?

CRIPPES--There was one in the Field besides, and no more that I could see; they all went away but us two.

ATTORNEY-GENERAL--What distance of time was there between their setting down in Leicester-fields, and their calling the chairs again?

CRIPPES--Not a quarter of an hour.

ATTORNEY-GENERAL--What became of the three chairs that passed by you in St. Martin's-lane?

CRIPPES--They got before us; but what became of them afterwards I cannot tell.

ATTORNEY-GENERAL--Did they come from the same place, the tavern in the Strand that you were at?

CRIPPES--Yes, I believe they did, my lord; for capt Coote bid us follow them, and threatened us if we did not make greater haste.

ATTORNEY--GENERAL--Do you know my lord of Warwick?

CRIPPES--Yes, he had whitish cloaths on; and none but he had such clothes on as those were.

LORD HIGH STEWARD--Will your lordship ask this witness any questions?

EARL OF WARWICK--My lord, I desire he may be asked, Whether I did not bid him stop? and, whether I did not say, they should not go to quarrel that night?

ATTORNEY-GENERAL--My lord, I desire to know of him, directly and downright, Whether my lord of Warwick was not one of them that held him when he was within the rails of the fields?

CRIPPES--No, he was not; he was neither of them; for the one of them was too big for him, and the other was too little for my lord Mohun.

ATTORNEY-GENERAL--Now we call the chairman that carried the earl of Warwick into Leicester-fields, James Crattle.

(He was sworn.)

ATTORNEY-GENERAL--Will you tell my lords what you know of any person that you carried the 29th or 30th of October last, from the Greyhound tavern in the Strand, and who it was, and whither you carried him?

CRATTLE--I was going along Charing-cross, between one and two in the morning, the 30th of October, last, and I heard a chair called for at Locket's at the Dog tavern; and thither I and my partner went, and we took up the gentleman, and carried him to Leicester-fields.

ATTORNEY-GENERAL--Who was that gentleman?

CRATTLE--It was my lord of Warwick.

ATTORNEY-GENERAL--What time of night do you say it was?

CRATTLE--It was about one or two in the morning.

ATTORNEY-GENERAL--What day of the week was it?

CRATTLE--It was Saturday night and Sunday morning.

ATTORNEY-GENERAL--Whither did you carry him?

CRATTLE--Into Green-street, towards the lower end of Leicester-square.

ATTORNEY-GENERAL--What chairs were there more there?

CRATTLE--There was one that captain Coote was in, and another that my lord Mohun was in, and we went away all together.

ATTORNEY-GENERAL--Were there no other chairs?

CRATTLE--I did not know who went in the other chairs, but there were three other chairs that passed by us at St Martin's-lane, and we followed after them to Leicester-fields.

ATTORNEY-GENERAL--Pray what became of you after you had set down your fare?

CRATTLE--We were discharged and paid; the other three went up towards my lord of Leicester's; but we were coming away, and in a little time we heard the noise of calling chairs! chairs! again, and there were two chairs did come up, Thomas Browne's and ours; my lord of Warwick called our chair, and we took him into it, and he bid us carry him to the Bagnio in Long-acre; and when we came there we knocked at the door, and his hand was bloody, and he asked us if we had any handkerchief to bind up his hand.

ATTORNEY-GENERAL--Was there any other chairs at the door of the Bagnio, at the same time when you came there?

CRATTLE--Yes, there was another chair there at the door at the same time, and we set down both together.

ATTORNEY-GENERAL--Pray whence came that chair?

CRATTLE--Indeed, I do not know.

ATTORNEY-GENERAL--Who were the chairmen that carried that chair?

CRATTLE--Indeed, my lord Mohun and my lord Warwick were the only persons that I knew of all the company.

ATTORNEY-GENERAL--What sort of gentleman was the other, that went out of the other chair into the house?

CRATTLE--He was a pretty tall man; when he was in we went away; I only can say, I saw my lord of Warwick go into the house.

ATTORNEY-GENERAL--Did you take any notice of any sword that my lord of Warwick had in his hand at that time?

CRATTLE--No; I cannot say I did take any notice of any sword, only that there was a handkerchief desired.

ATTORNEY-GENERAL--Pray, did you hear no noise at all in the field, till you heard chairs called for again?

CRATTLE--No; I cannot say I heard any noise in the field.

ATTORNEY-GENERAL--Did you apprehend there was any fighting?

CRATTLE--No, I knew nothing at all of it; but upon the calling of chairs again, and my lord Warwick coming along, we took him in, and he bid us go to the Bagnio, and thither we went.

ATTORNEY-GENERAL--My lord, we have done with this witness.

LORD HIGH STEWARD--My lord Warwick, will you ask this witness any questions?

EARL OF WARWICK--No, my lord.

_Gibson_, the other chairman who carried the Earl of Warwick, was then called, and gave substantially the same evidence as the last witness.

_Applegate_ carried Lord Mohun to Leicester Fields, and corroborated the account of the journey thither given by the other witnesses.

ATTORNEY-GENERAL--What then happened afterwards, can you tell?

APPLEGATE--I cannot tell whether I had lighted my pipe, or was just lighting it, when I heard chairs called again; upon which we run up with our chairs towards the upper end of the fields, and there I did see my lord of Warwick within the rails, who bid us put over our chair into the fields; but we told him, if we did, we could not get it over again; and so we went with our chair to the corner of the fields; and when we came there, there came out captain French, who bid us open our chairs, and let him in, for he did believe he was a dead man; and upon that we did take him in, and he bid us carry him with all the speed we could to the Bagnio in Long-acre, and my lord of Warwick got into another chair behind; so we went to Long-acre; and when we came to the door of the Bagnio and captain French came out of the chair, he was so weak that he fell down upon his knees; and when he came out, I asked who should pay me, and desired to be discharged; and the earl of Warwick said, Damn ye, call for your money to-morrow; so they both went in at the Bagnio door together.

ATTORNEY-GENERAL--Pray, who called for the chair first, captain French, or my lord of Warwick, in the fields?

APPLEGATE--I cannot tell; but when I brought up my chair, I first saw my lord of Warwick, and he would have had me lifted the chair over the rails, and I told him we could not get it over again, and so went up to the upper end of the fields.

ATTORNEY-GENERAL--If you first spoke with my lord of Warwick, why did you not carry my lord of Warwick?