Part 7

APPLEGATE--Indeed I cannot tell; but I suppose it was because he did not come so soon out of the fields as captain French, or did not come the same way.

ATTORNEY-GENERAL--Pray, do you remember anything that happened just at their carrying capt. French away?

APPLEGATE--Before he went into the chair, he stopped and would have pulled off his cloaths, but we would not let him.

ATTORNEY-GENERAL--Did you see any sword capt. French had?

APPLEGATE--I did see no sword that I can say directly was a sword; but capt. French had something in his hand, but what it was I cannot tell.

ATTORNEY-GENERAL--What was it that he said to you, when he first went into the chair?

APPLEGATE--He desired to be carried to the Bagnio; for he said he believed he was a dead man.

ATTORNEY-GENERAL--Pray friend, recollect yourself, if you heard him say any thing at all when he first went into the chair at the Greyhound tavern?

APPLEGATE--I did not hear him mention any thing at all.

ATTORNEY-GENERAL--Pray what did you hear my lord of Warwick say at that time?

APPLEGATE--Truly, I cannot say I heard him mention any thing at all neither; but I did hear my lord Mohun say, when he could not prevail, in St. Martin's-lane, with captain Coote to go home, that if they did go he would go and see it.

ATTORNEY-GENERAL--If they did go; who did he mean by they?

APPLEGATE--My lord Warwick and captain Coote that were in the other chairs; there was nobody else to speak to.

ATTORNEY-GENERAL--Was there any talk of fighting or quarrelling?

APPLEGATE--No, indeed, I do not know of any difference there was between them.

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 endeavour to put off the going into Leicester-fields, and to have all things let alone till to-morrow.

APPLEGATE--My lord, I cannot say any thing of that; but I did hear my lord Mohun beg heartily of captain Coote to go home, and let the business alone till another time; and indeed I think, I never heard a man beg more heartily for an alms at a door, than he did, that they might not go into the fields then; but I cannot say that I heard any thing that my lord of Warwick said about it.

LORD HIGH STEWARD--Will your lordship ask him any other questions?

EARL OF WARWICK--No, my lord.

Catro, who was the second chairman who carried Lord Mohun's chair, corroborated Applegate's evidence. Palmer, Jackson, and Edwards were three chairmen who had helped to carry French, James, and Dockwra to Leicester Fields; but they had nothing to add to the evidence already given.

_Pomfret_ was a servant at the Bagnio in Long Acre. In answer to the Attorney-General he said:--

My lord, on Sunday the 30th of October last, between two and three in the morning, there came to my master's door the earl of Warwick, and knocked at the door, and there was capt. French with him; and when they were let in, my lord of Warwick told me that capt. French was wounded, and he himself had a wound, and he desired that my master might be called up for to dress the wounds; especially, because capt. French was very much wounded; which accordingly was done in about a quarter of an hour after they were brought in.

ATTORNEY-GENERAL--Did he desire to be concealed when he was come in?

LORD HIGH STEWARD--Of whom do you speak, Mr. Attorney?

ATTORNEY-GENERAL--My lord of Warwick.

POMFRET--He did desire, that if any body asked for him, it should be said he was not there.

ATTORNEY-GENERAL--Pray in what condition did my lord of Warwick seem to be in at that time?

POMFRET--He seemed to be very much concerned at that time, and his right hand, in which he had his sword, and which was drawn, was very much bloody.

ATTORNEY-GENERAL--Was the sword bloody that he had in his hand?

POMFRET--The blade was bloody; but whether it was all over bloody, I cannot tell; there was besides some blood upon the shell; it was very near all over bloody, as I remember.

ATTORNEY-GENERAL--Pray, friend, consider what you swore at the Coroner's Inquest about the blood upon the sword.

POMFRET--Indeed I cannot say it was bloody all along the blade; but there was blood upon the shell, and there was blood upon the inside: it was so, to the best of my remembrance.

ATTORNEY-GENERAL--What condition was Mr. French's sword in?

POMFRET--He had a drawn sword in his hand, but I did not perceive it had any blood upon it; it was a large blade.

ATTORNEY-GENERAL--How do you know what sort of sword Mr. French's was, and in what condition it was?

POMFRET--He desired me to take notice of it next morning, and I did so; and there was no blood upon it.

ATTORNEY-GENERAL--How came you to be desired to take notice of what passed there about the swords?

POMFRET--My lord, there was three of them the next day, and one, it was said, was Mr. Coote's, and another of them was my lord of Warwick's, which I do believe was bloody from the point upwards, very near; but I cannot directly say but that was afterwards.

ATTORNEY-GENERAL--Who brought in that sword that you say was Mr. Coote's?

POMFRET--To the best of my remembrance, capt. Dockwra brought it in; it was almost half an hour after my lord Warwick and capt. French came in to the house, when they came thither.

ATTORNEY-GENERAL--They, who do you mean?

POMFRET--Captain James and he.

ATTORNEY-GENERAL--Were they let in presently?

POMFRET--No, my lord of Warwick had desired that they might be private there; but when they knocked at the door, my lord of Warwick desired to know who they were; and when it was understood that they were Mr. James and Mr. Dockwra, they were let in by my lord's order.

ATTORNEY-GENERAL--Pray, which of all the four brought in any sword in a scabbard?

POMFRET--It was captain Dockwra.

ATTORNEY-GENERAL--Pray, did they appear to be all of a party?

POMFRET--They were glad to see one another; and they talked a pretty while together; but indeed I cannot say I heard what they talked.

ATTORNEY-GENERAL--Pray, do you remember my lord of Warwick's sword, and what there was upon it?

POMFRET--It was a steel sword, water-gilt, and as near as I can remember, there was blood upon it for the most part from the point upward.

ATTORNEY-GENERAL--And what did appear upon Mr. French's sword?

POMFRET--There was water and dirt, but there was no blood at all.

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

POMFRET--They all continued about half an hour; and then went away, all but Mr. French, who staid there.

ATTORNEY-GENERAL--What then became of the others?

POMFRET--Mr. James, Mr. Dockwra, and my lord of Warwick went away; and my lord of Warwick desired particularly, that we would all take care of Mr. French, for he was his particular friend; and Mr. French continued there till Sunday about one of the clock.

ATTORNEY-GENERAL--Was there any discourse at that time about Mr. Coote?

POMFRET--Not that I heard of, one word.

ATTORNEY-GENERAL--Was there any notice taken of any quarrel that happened between any body, and who?

POMFRET--No, indeed, I did not hear them take notice of any quarrel at all between any body.

ATTORNEY-GENERAL--You say Mr. French, when he came into your house, was wounded, and there was care particularly taken of him because he was wounded.

POMFRET--Yes; my lord of Warwick desired to take care of him.

ATTORNEY-GENERAL--Then pray, was there no discourse how he came to be wounded?

POMFRET--Indeed I do not know how he came to be wounded; nor did I hear one word of discourse about it; indeed I cannot say any thing who wounded him.

ATTORNEY-GENERAL--Pray will you recollect yourself, and tell my lords what sort of handle had my lord of Warwick's sword when you saw it?

POMFRET--It had a steel handle.

ATTORNEY-GENERAL--Pray, can you tell whether the shell was open or close?

POMFRET--I cannot tell justly; I saw it, and that was all.

ATTORNEY-GENERAL--If I apprehend you, you say my lord had a wound in his hand.

POMFRET--Yes, my lord, he had so.

ATTORNEY-GENERAL--Pray, in what hand was it that he was wounded?

POMFRET--To the best of my remembrance, it was in his right hand.

ATTORNEY-GENERAL--Pray, did there appear much blood there?

POMFRET--Yes, my lord, indeed there did.

SERJEANT WRIGHT--You talk of Mr. James and Mr. Dockwra's swords; pray in what condition were they?

POMFRET--Mr. Dockwra's sword was by his side, and not drawn.

SERJEANT WRIGHT--What did you observe of captain James's sword?

POMFRET--His sword was naked, and he had lost his scabbard; but how that came I cannot tell; and there was dirt on one side of the sword; and he said he had left his scabbard behind him.

ATTORNEY-GENERAL--Was there any blood upon his sword?

POMFRET--No, there was no blood that I did see upon it.

ATTORNEY-GENERAL--Pray did you see any blood upon Mr. Dockwra's sword?

POMFRET--No, indeed, I did not see Mr. Dockwra's sword, it was in the scabbard by his side.

Warwick's was 'a pretty broad sword': he did not take notice what length or breadth the other swords were of; French's sword was not a broad sword; he saw the swords at about three in the morning. James broke his sword on the floor after he came in.

_Goodall_, a servant in the Bagnio, and his wife were called. They spoke to Warwick coming in with his sword drawn in his hand and bloody; his hand was wounded. There was blood on the hilt of his sword, which was a close one. French may have come in with Warwick; James and Dockwra came in half an hour afterwards. Warwick gave orders that nobody was to be admitted; but he opened the door for James and Dockwra when they knocked and he saw who they were. Warwick, James, and Dockwra went away in a little time, Warwick ordering that particular care should be taken of French, who was his friend.

_Henry Amy_, the surgeon who lived at the Bagnio, was called, and said that he was called up at two in the morning of the 20th of October to attend the lord Warwick and captain French. The latter was seriously wounded, the former on the first joint of his fore-finger. While French's wound was being dressed there was a knocking at the door; Warwick ordered that nobody should be admitted, but when he found it was James and Dockwra ordered that they should be let in. They and Warwick went away in a little time, the latter telling the witness to take particular care of French. Warwick's sword was very bloody; French called for his sword the next morning, when the witness saw it, and it was a little dirty, but not with blood. There was no talk of any quarrel; the witness asked no questions; he did not then hear anything about Coote being killed. French's sword was a middle-sized one; it was not a broad blade.

LORD HIGH STEWARD--Mr. Attorney, who is your next witness?

ATTORNEY-GENERAL--Captain Loftus Duckinfield.

(Who was sworn).

ATTORNEY-GENERAL--This gentleman will acquaint your lordships what discourse past between these gentlemen the next day; pray, Sir, acquaint my lords what you heard about Mr. Coote's death, and when and where.

CAPTAIN DUCKINFIELD--Early in the morning I was told of this accident.

ATTORNEY-GENERAL--By whom?

CAPTAIN DUCKINFIELD--One of the company, I cannot tell who, I think they were all together then, my lord of Warwick, capt. James, capt. Dockwra, and nobody else.

ATTORNEY-GENERAL--What was their discourse?

CAPTAIN DUCKINFIELD--They said, they believed captain Coote was killed.

ATTORNEY-GENERAL--Did they tell you by whom?

CAPTAIN DUCKINFIELD--By Mr. French, every body did say he was his adversary.

ATTORNEY-GENERAL--What account was given of the action?

CAPTAIN DUCKINFIELD--They said it was done in the dark, and capt. French was his adversary.

ATTORNEY-GENERAL--Was there any notice taken of any duel?

CAPTAIN DUCKINFIELD--Yes, there was, between those two, and the other persons on both sides; and it was said my lord of Warwick was friend to Mr. Coote, and my lord Mohun.

ATTORNEY-GENERAL--Who were on the other side?

CAPTAIN DUCKINFIELD--Mr. Dockwra and Mr. James.

ATTORNEY-GENERAL--Was there any discourse, who actually fought?

CAPTAIN DUCKINFIELD--It was said, that capt. French fought with capt. Coote, as they believed, and Mr. James with my lord of Warwick.

ATTORNEY-GENERAL--Did you see my lord of Warwick's sword?

CAPTAIN DUCKINFIELD--Some time of the day I did; but I cannot tell whether it was in the morning, or no.

ATTORNEY-GENERAL--In what condition was it? Was it bloody or not?

CAPTAIN DUCKINFIELD--It was a steel sword.

ATTORNEY-GENERAL--How long did they stay with you?

CAPTAIN DUCKINFIELD--About half an hour.

ATTORNEY-GENERAL--Did they come publicly?

CAPTAIN DUCKINFIELD--We went away in a hackney coach together.

ATTORNEY-GENERAL--Pray, what discourse was there about consulting to go into the country together?

CAPTAIN DUCKINFIELD--That might be discoursed, but by whom I cannot tell.

ATTORNEY-GENERAL--Did my lord of Warwick talk of going into the country?

CAPTAIN DUCKINFIELD--Whether the company talked of it, or my lord of Warwick in particular, and the rest assented to it, I cannot well tell.

ATTORNEY-GENERAL--Whither did they go?

CAPTAIN DUCKINFIELD--I cannot directly tell.

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

CAPTAIN DUCKINFIELD--It was about six of the clock.

ATTORNEY-GENERAL--Cannot you tell whither they went?

CAPTAIN DUCKINFIELD--Capt. James and capt. Dockwra went to the Ship and Castle in Cornhill about five o'clock or six, as near as I can remember.

ATTORNEY-GENERAL--Can you tell what time my lord of Warwick went away?

CAPTAIN DUCKINFIELD--No, I cannot tell what time he went away, not directly.

ATTORNEY-GENERAL--Can you tell of any agreement amongst them, whither they were to go?

CAPTAIN DUCKINFIELD--No I cannot.

ATTORNEY-GENERAL--What discourse or concern did you observe past between them, concerning capt. Coote?

CAPTAIN DUCKINFIELD--My lord of Warwick shewed a great deal of concern for his friend Mr. Coote.

ATTORNEY-GENERAL--Had you any notice of Mr. Coote's death amongst you?

CAPTAIN DUCKINFIELD--We had notice before we went away; but I cannot tell whether it was before my lord of Warwick was gone.

ATTORNEY-GENERAL--Was it after the discourse of going into the country, or before?

CAPTAIN DUCKINFIELD--Indeed, I cannot directly say when it was.

ATTORNEY-GENERAL--Pray, what reason was there for their going into the country before he was dead?

CAPTAIN DUCKINFIELD--They believed he was dead.

ATTORNEY-GENERAL--Cannot you tell the reason why they would go into the country?

CAPTAIN DUCKINFIELD--No, indeed, I cannot tell the reason.

ATTORNEY-GENERAL--Did you observe my lord of Warwick's sword? Was there any blood upon it?

CAPTAIN DUCKINFIELD--I cannot say his sword was bloody at the point; the whole blade and shell was bloody, to the best of my remembrance.

ATTORNEY-GENERAL--What sort of a sword was it?

CAPTAIN DUCKINFIELD--It was a pretty broad blade, a hollow blade, and a hollow open shell.

ATTORNEY-GENERAL--Was there any discourse concerning capt. French?

CAPTAIN DUCKINFIELD--Yes, they thought he was very ill wounded.

ATTORNEY-GENERAL--Was there any, and what, discourse who should give my lord of Warwick his wound?

CAPTAIN DUCKINFIELD--It was said, they believed capt. James gave my lord his wound.

ATTORNEY-GENERAL--Pray, was there any blood upon Mr. James's sword, or was he wounded?

CAPTAIN DUCKINFIELD--I saw no wound upon capt. James, that I know of.

LORD HIGH STEWARD--Do you believe that my lord Warwick's sword was bloodied with the hurt of his own hand, or any otherwise?

CAPTAIN DUCKINFIELD--I cannot tell; it was a cut shell, and the outside bloody as well as the in.

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

EARL OF WARWICK--No, my lord.

LORD HIGH STEWARD--Mr. Attorney, if you have any other witness, pray call them.

Another Witness was produced, that belonged to the Ship and Castle in Cornhill.

ATTORNEY-GENERAL--This man will give you an account what passed at his house at that time, and between whom; pray, will you tell my lords who was at your house the 30th of October last, and what past there then?

WITNESS--My lord of Warwick, capt. James and capt. Dockwra; and when my lord of Warwick came in I thought my lord was in a very great concern, and called for pen, ink and paper, and I feared there was some quarrel in hand; but they said no, the quarrel was over, and says my lord of Warwick, I am afraid poor Coote is killed.

ATTORNEY-GENERAL--Did you observe any desire to be private?

WITNESS--No, indeed, I cannot tell that.

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

WITNESS--About six a-clock my lord of Warwick, and capt. James, and capt. Dockwra, and capt. Duckinfield went away.

ATTORNEY-GENERAL--Can you tell who went with my lord Warwick?

WITNESS--No, indeed, I cannot tell who went with my lord Warwick; there came in a gentleman in black, whom I knew to be my lord of Warwick's steward, and he came and spoke some words to my lord of Warwick, about a quarter of an hour after they came in, and then they went away, for after that I did not hear any further discourse.

ATTORNEY-GENERAL--What became of the rest of the company?

WITNESS--They went away; I do not know what became of them, nor whither they went; some of them went in and out of one room into another several times, two or three times, and came out again.

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

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

EARL OF WARWICK--No, my lord.

_Mr. Salmon_, the surgeon who, by the coroner's orders, examined Coote's wounds, was called. There were two wounds: one on the left breast, near the collar-bone, running down four or five inches. He could not guess what sort of a sword made it; the wound was about half an inch broad. There was another wound under the last rib on the left side, an inch broad, six inches deep. They were both mortal. In answer to Lord Warwick, he said that neither could be given by a sword run up to the hilt. He could not say that they must have been given by the same weapon: but they might have been.

_Stephen Turner_, Coote's servant, identified his master's sword; he believed he fenced with his right hand, but had never seen him fence at all.

EARL OF WARWICK--I desire he may be asked, whether he has not observed a particular kindness and friendship between his master and me?

TURNER--Yes, my lord; I have several times waited upon my master, when my lord and he was together, and they were always very civil and kind one to another; and I never heard one word of any unkindness between them.

EARL OF WARWICK--Whether he knows of any quarrel that was between us?

TURNER--No, I never did.

EARL OF WARWICK--Whether he did not use to lie at my lodgings sometimes?

LORD HIGH STEWARD--You hear my lord's question: what say you? Did your master use to lie at my lord of Warwick's lodgings at any time?

TURNER--Yes; very often.

ATTORNEY-GENERAL--Pray call Pomfret again, and let him see the sword.

[Then he came in, and two swords were shewn him.]

ATTORNEY-GENERAL--I desire he may acquaint your lordships what he knows of those two swords.

POMFRET--These two swords were brought in by some of the company that came to my master's house; and when they were shewn to captain French in the morning he owned this to be his, and the other to be Mr. Coote's; and he desired that notice might be taken, that his sword was dirty but not bloody; and there was some blood upon the other.

ATTORNEY-GENERAL--Who brought in Mr. Coote's sword?

POMFRET--Indeed I cannot tell.

_White_, the coroner, was called, and said that he had asked Salmon whether the two wounds on Coote's body were given by the same weapon, and he said he could not say.

ATTORNEY-GENERAL--We have done with our evidence, until we hear what my lord of Warwick says to it.

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

EARL OF WARWICK--No, my lord.

LORD HIGH STEWARD--Make proclamation for silence.

CLERK OF THE CROWN--Serjeant at arms, make proclamation.

SERJEANT-AT-ARMS--O yes, O yes, O yes! His grace, my lord high steward of England, does strictly charge and command all manner of persons here present to keep silence, upon pain of imprisonment.

LORD HIGH STEWARD--My lord of Warwick, the king's counsel have made an end of giving evidence for the king; now is the proper time for you to enter upon your defence.

EARL OF WARWICK--May it please your grace, and you my noble lords, my peers.

I stand here before your lordships, accused of the murder of Mr. Coote, of which I am so innocent, that I came and voluntarily surrendered myself so soon as I heard your lordships might be at leisure to try me; and had sooner done it, but that the king was not then here, nor your lordships sitting, and had no mind to undergo a long confinement; and now I think I might well submit it to your lordships' judgment, even on the evidence that has been offered against me, whether there hath been any thing proved of malice prepense, or my being any actor therein, so as to adjudge me guilty. And I think I may with humble submission to your lordships say, that my innocence appeareth even from several of the witnesses who have been examined against me, which I will not trouble your lordships to repeat, but submit to your memory and observation.

But, my lords, the safety of my life does not so much concern me in this case, as the vindication of my honour and reputation from the false reflections to which the prosecutor has endeavoured to expose me; and I shall therefore beg your lordships' patience to give a fair and full account of this matter: in which the duty I owe to your lordships, and to justice in general, and the right I owe to my own cause in particular, do so oblige me, that I will not in the least prevaricate, neither will I conceal or deny any thing that is true.

My lords, I must confess I was there when this unfortunate accident happened, which must be a great misfortune in any case, but was more so to me in this, because Mr. Coote was my particular friend; and I did all I could to hinder it, as your lordship may observe by the whole proceedings.