AFTER the Counsel for the King had open'd the Indictment, the first Witness that was call'd, was Mr. Jarret Smith, Attorney at Law.

Mr. Smith, where do you live?

On College Green. The Sunday before this Murd [...] was committed, the Deceased, by my Invitation, was to di [...] at my House the Sunday following, of which the Priso [...]r being apprized, came into the Neighbourhood, and sent fo [...] me, and earnestly interceeded with me, to admit him, t [...] Prisoner, into the Company of his Brother, the Dece [...] under Pretence, as the Prisoner said, to accommodat [...] [...] reconcile their Differences in an amicable Manner.

Where was the Prisoner when h [...] [...] for you? Did you go to him?

He was at College Green Coffe House, and I went to him, and I was so pleas'd with th [...] Proposal of the Pri­soner, and the Hopes of their Accommoda [...]ion, that, with­out the least Hesitation, I immediat [...]y introduced the Pri­soner into the Company of his Brot [...]er the Deceased: And in such a Manner did the Prisoner [...] have, that, seemingly, the Deceased and he were as good Friends as ever: After Dinner I withdrew, and left then by themselves, for the Space of an Hour, till I was call [...] in, and after we had smoak'd a Pipe together, Mr. Go [...]ere took his Leave of Sir [Page] John Dinely, in the most friendly and affectionate Manner imaginable

What Time of the Day was it that the Deceased went from your House?

It was dark, and I believe it might be near Six o'Clock in the E [...]ening

Pray, Mr. Smith, acquaint my Lord and the Jury, what happened after.

My Lord, I accidentally heard, the Sunday Even­ing that they were at my House, that a Person who had the Appearance of a Gentleman, was hurried in a violent Man­ner over College Green, and that a Gentleman who was con­cerned in hurrying the Person away, answered the Disc [...]ip­tion of Capt. Goodere; and knowing his Ship was to sail the first fair Wind, and remembring that they went out of my House near together, it came directly into my Head, that the Captain had taken him on board, to distress him to concede to his Terms, and perhaps might destroy him, when they came on the high Seas. And this Suspicion being strengthned by other Circumstances, it made such a deep Impression on my Mind, that I was not easy all Night; but considering how long it would be before I could obtain his Majesty's Writ, De homine replegiando, I went the next Morn­ing to Mr Mayor, for a Warrant, and an Officer to go on board the Ruby Man of War, to search her before she was sail'd out of the Liberty of the City; and accordingly his Worship sent the Water-Bailiff, with proper Assistance, and full Power and Instructions to search the Ship for Sir John Dinely.

My Lord, I was passing along College Green, and I saw six Men hurrying the Deceased along towards the Hot Well, when the Deceased, as he was carried along, cried out, Murder! Murder! I am Sir John Dinely Goodere, and the Prisoner stopp'd his Mouth with his Cloak; upon which some People, who did not know his Name, asked what was the Matter, when Mr. Goodere, the Prisoner at the Bar, said, it was only a Thief and a Deserter, and that they were [Page] going to carry him on board the King's Ship to try him. And, my Lord, not knowing what might be the Consequence of interposing in Matters of this Nature, having lately seen the sad Effects of opposing the Authority of a Press-Gang, I went home and thought no more of the Matter, till the Monday Night, when there was a Report of the Murder; and therefore next Day, I went before the Worshipful Mayor, and Aldermen, and discovered what I knew of this Transaction, in the same Manner as I have to your Lordship.

Would the Prisoners ask this Witness any Questions?

No, my Lord.

May it please your Honour, my Lord, I was order'd to watch in the Boat, whilst our noble Captain and the other Boat's Crew were on Shoar, and about six o'Clock on Sunday, the 18th of January last, our Boat's Crew bro't the Deceas'd into the Boat, among whom was our Captain, Matt Mahony and Charles White.

Pray what passed there between the Prisoners and the Deceased?

Nothing as I know of, an please your Worship.

Was there no Dialogue between the two Brothers?

Dialogue!

Ay, Dialogue!

If you call it a Dialogue, it was a very odd one, such as I had never heard between two Brothers

Tell the Court what you heard them say to each other.

An please your Honour, Sir John Dinely said to our noble Captain: Brother, I know you have an Intention to murder me; I beg that if you are resolv'd to do it, that you would do it here, and not give yourself the Trouble of taking me down to your Ship

Pray did not your noble Captain, as you call him, say any Thing?

Yes; Capt Goodere said to Sir John Dinely, Brother, I am going to prevent your rotting upon Land; but however Bro­ther, I would have you make your Peace with God this Night.

Do you know any Thing more?

I don't remember any more, only that when he came along-side our Ship, the Sailors help'd the Deceased on board, and it was my Station to stay behind and stow the Boat.

Prisoners, would you ask this Witness any Ques­tions?

No, my Lord.

Sir, if my Instructions are right, you are Mas­ter of his Majesty's Ship the Ruby Man of War?

Yes, Sir, instead of a better

Then pray, Sir, I desire that you would be so good as to give the Court an Account of what you know relating to the unhappy Death of Sir John Dinely Goodere?

My Lord, on Sunday the 18th of Janury—

Sir, I must crave the Favour, that you will raise your Voice, so that the Jury may hear what you say.

My Lord, on Sunday the 18th of January last, about six o'Clock in the Evening, my Servant came into my Cabin, and told me, the Captain was in the Boat, which was near the Ship, and accordingly I went on the Quarter Deck in order to receive the Captain, (which was my Duty in the Absence of the Lieutenant;) and when the Side was mann'd, the Captain (whom I am heartily sorry to see here in the Shape that he appears) orders some Hands into the Boat, to help his Brother on board; accordingly the Boat-Twain pip'd and order'd all Hands upon Deck, and some of the briskest Hands step'd into the Pinnace, and, in a Man­ner, hoisted the Deceased into the Ship; when he cried out that his Brother was going to murder him, and the Captain told me, not to mind him nor his Noise, because he was mad, and that he had brought him aboard, on Purpose to prevent his making himself away; and then the Deceased was con­vey'd away into the Cabin, which is all that I know of the Matter.

Pray, Sir, do you know any Thing of the Murder?

No, until it was discovered by the Cooper.

Would the Prisoners ask this Evidence any Questions?

No, my Lord.

Pray, Sir, acquaint the Court of what you know, relating to this unhappy Affair?

My Lord, on Sunday the 18th of January last—

I cannot hear one Word, my Lord.

Pray raise your Voice.

My Lord, on Sunday —

I can't hear what you say, Sir.

You must speak so, that the Gentlemen of the Jury may hear you.

My Lord, on Sunday the 18th Day of January last —

'Tis a strange Thing, Sir, that you won't speak out, I don't understand one Word you say; you can be loud enough on board, and make the Ship's Company hear you at the Main top mast head in a Storm, and you can't speak loud enough here to be heard in Court.

My Lord. Grief overcomes me, to see so worthy and so gallant a Commander, as ever went between Stem and Stern of a Ship, appear in the Manner as the Captain doth On Sunday the 18th of January last, about Nine o Clock in the Morning, I had Orders from the Captain at the Bar, (for whom my Heart bleeds!) to direct that the Pinnace might be got ready; and accordingly I order'd the Boat's Crew to be in Readiness; and in about half an Hour the Captain went ashore, and about 7 o'Clock in the Evening, it being very dark, one of the Ship's Crew came into my Cabin, which is at the Bulk head of the Steerage, to acquaint me that the Pinnace was along Side, with the Captain in it; upon which I piped all Hands upon Deck, and ordered the Seamen to man the Side, when the Capt. order'd a brisk Hand or two to step into the Pinnace, to help his Brother in; and when the Deceased came into the Ship, he cried out, they were going to murder him; but the Captain said, That we need not mind him, because he was [Page 7] mad, and that he was brought on board on Purpose to prevent his making himself away; and after Sir John came on board, he was conducted into the Cabin; and as it was my Duty to obey the Command of my Superiors, so I thought it would be imprudent in me to interpose in any D [...]fference between the Captain and his Brother; otherwise I would have exerted myself, to have prevented the sad Effects, which afterwards happend.

Would the Prisoners ask this Witness any Ques­tions?

My Lord, I would ask the Evidence, if he be­lieves I would have been guilty of the Murder of my own Brother.

No, for never did a more worthy Gentleman bear a Commission under his Majesty than Capt. Goodere, nor no Man ever carry'd better Command than he did, nor treated those who were under him, with more Humanity and kind Usage than the Captain did.

Set this Witness down, and call Bryant.

I was one of the six Men, hired by Capt. Goodere, the Prisoner at the Bar, to seize the Deceased, and forcibly to run him aboard the Ruby Man of War, then lying in King Road. We met, by the Prisoner's Directions, at the White-Hart on College Green, where we had a hand­some Dinner, and we were plac'd in the Balcony that we might be ready to receive the Signal and obey the Word of Command, without giving the least Suspicion to the People of the House. The Room we dined in, was opposite to Mr. Smith's House, so that we had Notice in a Minute when it was proper to seize Sir John About six o'Clock in the Evening the Signal was given, and we left the White Hart, and overtook the Deceased just before he came to College Green Coffee House, where I and five others, seiz'd him at the Word and Command of the Prisoner Goodere: We then immediately rushed on the Deceased, and dragg'd him along towards the Roap Walk, where was a Gang of twelve more of us, who were there ready to assist us, according to the Prisoner's Instructions. We hur­ried [Page 8] the Deceased along towards the Hot Well, where a Boat waited purposely to receive him.

Was the Prisoner Goodere with you all the while you dragg'd the Deceased from College Green down to the Water Side, and put him aboard the Boat?

Yes; the Prisoner was with us, directing, aid­ing and assisting all the Time, and when the Deceased cry'd out, Murder! Murder! I am Sir John Dinely Goodere, the Prisoner stopp'd the Deceased's Mouth with his Cloak, so that the People not knowing his Name, only ask'd, What was the Matter? The Answer the Prisoner and we gave, was, That he (the Deceased) was a Thief and a Murderer, had made his Escape from the Ship, and that we were going to take him on board to secure him, in order for his Trial; the Prisoner still stopping the Deceased's Mouth to prevent his crying out.

Did you go with the Deceased in the Boat to the Ship?

Yes; I did, and the Deceased had a little more Liberty than before, and he made use of it to speak to the Prisoner to this Effect: Brother, I know you have an Inten­tion to murder me; I beg that if you are resolved to do it that you would do it here, and not give yourself the Trouble of taking me down to your Ship. To which the Prisoner repl [...]ed after this Manner. No, Brother, I am going to prevent your rotting upon Land; but, however, would have you make your Peace with God this Night. And so without more ado, the Prisoner hurried the Deceased on board his Ship.

Did you go on board the Ruby Man of War with the Prisoner and the Deceased?

I went on Board and assisted the Prisoner The Deceased loudly cry'd for Help, and made a great Noise, but the Prisoner took the Precau [...]ion to tell the Crew, That they need not mind his Noise, because he was mad and that they had brought him on board on Purpose to prevent his making him­self away And after we had c [...]ove [...]'d him away into the P [...]r [...]er's Cabin, we were all order'd, except Mahony and White, by the Prisoner, ashore, with Directions to conceal ourselves, & keep out of the Way of Enquiry.

You say, when you left the Ship, Mahony and White staid behind; was it by the Prisoners Goodere's Order.

Mahony and White were call'd into the Cabin, and the rest of us were immediately sent ashore: This is all I know of the Matter, till I was apprehended.

You say, you was hired by the Prisoner to [...] the Deceased aboard the Ship, What did the Prison [...] [...] you? How much Money each?

We were treated, and had a little Present of Mo­ney given us, and promised a large Reward after the Busi­ness was done; but we have not received it to this Day.

What was the Sum you receiv'd? And who did you receive it from?

I had a Guinea given me by the Captain himself.

When did I give you the Guinea? And was it not for Wages due to you?

It was within a Day or two before we hurried the Deceased aboard: The Prisoner never owed me Wages, for I never was in the Prisoner's Service. I am a Sailor belon­ging to the Vernon Schooner, and an Irishman: He, the Pri­soner, came, and hired me and five others, and gave each of us a Guinea, to do the Business, which we afterwards did, of hurrying the Deceased aboard the Prisoner's Ship.

Sunday, Jan. 18, about Seven at Night, the Cap­tain brought his Brother, Sir. John. on board, and convey'd him down to the Purser's Cabin, by Force: When he was down, the Captain ask'd Whether the Cabin was clear (for that the Thursday before the Murder, the Captain had orde­red me to get the Purser's Cabin ready for a Gentleman who was coming on board:) I answer'd, Yes, Sir: Then he open­ed the Door, and the People of the Ship forc'd Sir John in, he groaning, all the while. When he was in, the Captain call'd for his Steward, and told him to bring a Bottle of Rum and a Glass: The Captain ask'd Sir John, How he did? Sir John complain'd of Pains, especially in his Thigh: The Captain ask'd him, If he would drink a Dram? Sir J [...]hn said, He had drank nothing but Water these two Years, The Cap­tain [Page 10] then ask'd him, If he would have any Rum to bathe his Thigh? Sir John answer'd No: Then the Captain order'd a Dram for Mohony and Elisha Cole (who was the Person at first design'd to have done the Murder, but that he was drunk:) After they had a Dram, they all came out of the Cabin. Then Cole desir'd Leave to speak to the Gentleman (Sir John) thinking he was the Captain of the Ship he was pressed out of: Cole went in, and told Sir John, he did his Duty on board the Charles as well as another Man, and swore he would have his Wages: Sir John told him, He did not know him, nor any thing of the Charles: On which he again swore, he would have his Wages before he went out of the Ship; for that if he was not the Captain, he was the Owner. Shortly after Cole went out; when the Captain call'd one of the Carpenter's to put two strong Bolts on the Purser's Cabin Door; which was accordingly done. About this Time Sir John ask'd, If he could speak with any one of the Officers on board: The Carpenter made Answer, I am the Carpenter: Sir John ask'd if he could speak a Word with him? He reply'd, a Hundred if he pleased. Then the Carpenter ope­ning the Door, in order to clench the Staples, Sir John ask'd him, What his Brother Sam. was going to do with him? What, is he going to murder me? The Carpenter reply'd No, He is willing to have your Company, Sir; he does it for your Good: Sir John said, But what will become of all my Servants and Estate all this Time? On this the Carpenter retir'd: And presently after the Captain came down again, and order'd the Doctor's first Mate to go to feel his Pulse, saying, We must patch him up as well as we can, he is a crazy old Man: Go, in, says he, and feel his Pulse: Accordingly the Docter went in, and when he came to Sir John, he asked him, Where his Pains were? He answer'd, He lately came from Bath, and had a Pain in his Head; and complain'd of many other Pains, occasion'd by the rough Usage in bringing him on board. Says the Captain, Doctor, feel his Pulse, and com [...] out: So accordingly the Doctor came out, and the Cabi [...] Door was shut. After this, I heard him begging and prayi [...] for God to be comfortable to him in his Affliction, for that he be­lieved [Page 11] he was going to he murder'd; and hop'd it would be brought to Light, for that it was impossible it could be done without some­body hearing or seeing it. About Nine at Night I h [...] him knocking and calling out Ho! Ho! Brother Sailors I have almost forgot my Sea Terms, let me have a Bucket to Piss in, and ease myself, for it will be a Shame to do it in the Cabin. Upon this I look'd out at the Cabin Door, and call'd out to the Centry to get something for the Gentleman to ease himself in: And presently afterwards Mahony came with a Bucket; when Sir John told him of his Exploits, and that he had been Captain of an India Man, &c. About Two or Three in the Morning my Wife waked me: And I heard a vast Struggling at first, and the old Gentleman to cry, Twenty Guineas! Take it! Take it! Must I die! Must I die! And very soon after, all was quiet. Then a Candle was handed into the Cabin: And I saw, thro' the Crevace of the Partition, Mahony holding the Candle in his Hand, and White plunder'd his Pockets, turning his Body in order to come at it, and took out of his Pocket his Watch and Money. But White not getting the Watch out of Sir John's Pocket easily, Mahony said to him, D—n it, lay hold of the Chain: It was some Time before they could get the Watch out of his Pocket, being forced at last to unbutton his Breeches. White put his Hand into one Pocket, and found nothing but Silver, & putting his Hand into the other, said, Here it is: Then he put his Hand in another Pocket, and found a Piece of Paper, which he was going to read; but Mahony damn'd him, and bid him put it in his Pocket, and not stand to read it now. In about a Minute after, I saw a white Hand on the Throat of the Deceased, which I took to be the Captain's Presently they all went out of the Cabin, and left the Deceased alone Then I went to the Doctor's Mate and the Centry; and, by their Opinion, they took: the Gentleman to be dead: Then I went to the Lieu­tenant and told him what I had heard and seen, and that Mahony and White had murdered the Gentleman, and that I believed the Captain was concern'd. The Lieutenant was very dubious of the Truth at first, telling me, he did not [Page 12] think the Captain would be guilty of any such Thing; but, on my giving him such plain Demonstrations of the Thing, he began to think there was something in it. While they were talking, the Midshipman came to acquaint the Lieu­tenant, that the Captain had order'd White and Mahony ashore: He swore they should not go ashore, for that they were the two Persons that had kill'd the Gentleman; but the Midshipman returning to the Captain, he order'd they should be put ashore immediately; and accordingly they were. About Nine or Ten in the Morning, the Lieutenant and Gunner contrived a Method, that I should go in and complain I had lost six Guineas out of my Chest: Accord­ingly going with this Complaint, I seiz'd the Captain as he was walking with his Hands behind him: And the rest who were at Hand rush'd in after me. Upon the Captain's being thus seiz'd, he cry'd out, Hay! Hay! what have I done! what have I done! I reply'd, Sir, you are my Prisoner▪ you was the Cause of your Brother's Death last Night. The C [...]ain said, If there is Murder done in the Ship, I know nothing of it: Accordingly he was secured, and the Barge order'd out for Four of the Crew to pursue White and Maho­ny. They took White at the Bell in Marsh-street, swearing and damning his Mother for sending him so much Money; he was very much in Liquor, but was soon conquer'd & bro't before a Magistrate; when he was so drunk, that his Con­fession was not taken till next Morning. About Twelve at Night they took Mahony at a private House opposite the Ship on St Michael's-Hill-Steps, and convey'd him before a Magistrate, and when he was sober he also made his Con­fession of the Murder.

On Sunday the 18th of January, 1740 1, somebody came down, when the Captain ask'd if the Cabin was clean? And bid them, Bring the old mad F [...]llow in: Then he called for the Doctor, and told him, That he had got an old mad Fellow there, and that he must doctor him as well as he could: Then they went into the Cabin, when the Captain ask'd his Brother, How he did now? Sir John told him, He had a great Pain in his Arms and [Page 13] Thighs by the Men hawling him down to the Boat: Then the Captain a [...]'d him, If he would drink a Dram? Sir John told him, No; for he had drank nothing but Water these two Years: Then the Captain told him, He should have something to anoint his Thighs, and call'd for the Steward to bring a Bottle of Rum; when the Captain ask'd his Brother again, If he would drink; who answer'd him No; on which the Captain said, It is so much the better for you: At this Time I perceiv'd there was in the Cabin one Elisha Cole, whom the Captain order'd a Dram for, and bid him sit down: Sir John still complain­ing of his Legs and Arms, the Captain order'd Mahony to pull his Stockings off; on which Sir John reply'd, Don't strip me before I am dead: and the Captain made Answer, Don't mind him, for he is crazy. Says Sir John to his Bro­ther, Brother Sam. what do you bring me here for? You can't murder me without letting some body know of it; telling him several Times, He would rot in a Jail for it: Then the Captain went to the Doctor's Mate, and sent him to feel his Pulse, but charg'd him not to talk to him much; and in Obedience to the Captain's Command the Doctor went in to Sir John, and felt his Pulse; when Sir John told him he had a great Pain in his Head; that he had been a Week from Bath,since which his Head was worse than ever: Then the Captain went up to Supper; mean while the Carpenter came to put on two Bolts to the Cabin Door; when Sir John ask'd Mahony (who was constantly to and fro) if he could speak with one of the Officers? Mahony told him, they were all on shore, unless, it was the Carpenter, and he was nailing on the Bolts: On which Sir John ask'd, if he was going to be nailed in? Replies Mahony, No, Sir: Then, says Sir John, I desire to speak with the Carpenter: On this Ma­hony went out of the Cabin, but neglected to acquaint the Carpenter of it; so that Sir John call'd the Carpenter him­self, and ask'd him, if he pleas'd to hear him speak one Word? The Capenter reply'd, Ay, Twenty, if you please Sir: Then he ask'd the Carpenter, What his Brother meant by bringing him there? The Carpenter reply'd, That he hop'd it was for his Good: Sir John made Answer: But what will [Page 14] my Servants and my Estates do the while? I suppose my Brother tells you I am a Madman; but I am not, tho' he is enough to drive me mad: On which the Carpenter went out: About Ten o'Clock the Captain came down again with a Pair of Stockings in his Hand, and ask'd his Brother if he would put them on? Sir John told him, No; he would bid as he was: At this Time Sir John did not talk much, but told his Brother, He would rot in a Jail: On this the Captain bid Mahony see if he had any Knife about him; When Sir John took a little Knife out of his Pocket, and gave it to Mahony, and went and laid himself upon the Bed directly: Then the Captain went out, saying to his Brother, He would go and see for some Sheets for him; and as the Cap­tain went out, he spoke aloud, and charg'd (I suppose the Centry) that no one should come near him; for that by and- by he'd kick and tear, and make a Noise, as tho' he would tear the Cabin down; for that he was a Madman: Then the Cap­tain went out and sat in the Doctor's Birth, saying to Mr. Marsh the Midshipman, You must go ashore in the Morning between three and four o'Clock, and also order'd him to go to the Post-Office for the Letters: That if any Body made Enquiry about the Old mad Fellow, he should tell them, That he had brought him on board to prevent his rotting in Jail: In short, (continued he) the World has blamed me, that I have not done it before: About Twelve, Sir John asked Mahony for the Knife; for what does my Brother think I am going to make away with my self? God forbid, the World is wicked enough to do that: Telling Mahony it was his Son's Knife that was dead; and that he would have it again. And after he had talked to him some Time, he bid him go out, for that he could bide by himself: Mahony said to him; Sir, I must bide and take Care of you, and immediately put the Candle out: Sir John still kept talking with Mahony, praying to God to give him Patience; and Mahony told him, he must have Patience; Sir John reply'd, sighing, I had as good. Still Sir John kept on talking to Mahony▪ telling him▪ If a great many Gentlemen of Bristol did but know how he was used, they would fetch him from thence: Then Mahony told him, that [Page 15] he should go ashore in the Morning, and that then he would convey any Letters to the Post Office, if he pleas'd: I fell asleep, and something after Two, I happen'd to awake, when I heard Mahony persuading Sir John to go to sleep: Sir John and Mahony kept on talking for some Time, when on a sudden I heard a great Struggling, and two People whispering in the Cabin, and Sir John groaning and making a lamentable Noise, muttering out, Murder! Help, for God's Sake! giving several Kecks with his Troat: Then somebody offering to open the Door, one of those that were of the Inside said, Keep out, you Negar, or, Keep the Door to you Negar: And while that Person was at the Door, Sir John said, Here's Twenty Guineas for you, Take it! Take it! speaking in a very inward Manner, Must I die! Must I die! And between the Words he gave several Kecks for Breath, and spoke very inwardly, Oh! my Life! which were the last Words he spoke.

Jan. 13. 1740, the Captain ordered the Barge and Yawl up, (in each of which was a Midship­man) and ordered a Midshipman and six of the Bargemen to go to the Sign of the White-Hart, the Foot of the College-Green: When we came there I saw the Captain, Mahony, and five of the Privateer's Men, who were drinking hot Flip by themselves, while myself & the five Bargemen were sitting in the publick Kitchen drinking of Ale: Shortly after, I saw Sir John come from Mr. Smith's opposite the White-Hart, where his Man was waiting for him, with Pistols to each of their Horses: Then the five Privateer's Men seeing him, they rush'd out together, and were for seizing Sir John then; but the Capt. ordered them not to touch him at that Time, but to follow him, and see which Way he went: Then they followed him round the Corner, and the Captain after them: But the Captain return'd to the White Hart again in about an Hour, and ordered the Boat down.—

The Sunday following, the 18th of January, the same Gen­tleman I saw on the Green, was brought on board the Ruby; and as he was bringing on board, the Captain bid the Peo­ple mind not what he said, for that he was a Madman, and he [Page 16] would bring him to his Senses by and by. I saw no more of him for this Time. But at 12 o'Clock I was call'd to go Centry over Sir John in the Cock-Pit at the Purser's Cabin-door; a little after 12, the Captain sent his Man for me: I gave the Centry at the Gun-Room Charge, that no Body should come down the Ladder till I had spoke with the Captain: When I went into the Captain's Cabin, I saw the Captain and Mahony with a Bottle of Rum and Glass before them, out of which I had a Dram. Then the Captain ask'd me, If his Brother made any Noise? On which I told him, that he made a little Moan for the Time that I was there. The Captain reply'd, I know the Reason of that, he is wet, he wants to be shifted; I will come down and shift him with dry Stockings presently: When I went out, the Captain told me to let no body into the Purser's Cabin to Sir John, but Mahony.—Says Mahony, You may let another go in because— here he went no further. About Two the Captain came down to the Cock Pit, and ask'd me, if his Brother made any Noise? and listned himself at the Cabin Door, to hear if he made any Noise.

Sir John made a little Moan: And the Captain said to me, Centry, give me the Sword, and you go upon Deck, because I want to talk to my Brother privately by himself: Accordingly I gave him the Sword, and went up into the Gun Room, and there walk'd: A little after, down came Mahony, and the Centry ask'd where he was going? He said, D—n you, you Dog, what is that to you? D — n you, how busy you make yourself! Then Mahony went down (where the Captain wa [...] standing with a drawn Sword in his Hand) into the Cock-Pit, and so into the Purser's Cabin, where Sir John was lying: A little after I heard Sir John mutter out, Mur­der: And then every Thing was quiet for a little while; and the Captain took the Lanthorn that was hanging up, and gave it into the Cabin himself: Then seeing the Candle given it into the Cabin, I thought it not proper for the Cap­tain to stand without a Light; and therefore I lighted a Candle at the Gun Room, and was going down into the Cock-Pit, where the Captain was standing with a Sword in [Page 17] his Hand; at my Approach the Captain held his Sword to my Breast, and told me to keep back, saying, Stay where you are: Accordingly I went back, and walk'd for a small Space of Time in the Gun Room: The Captain came to the Foot of the Ladder with the Candle out and gave it to me, tel­ling me to light it and come down: Accordingly I lighted the Candle and went down, when he gave me the Sword, and bid me take his Post, locking and bolting the Purser's Cabin-Door, putting the Key in his Pocket, (which before the Murder, was left in the Cabin-Door) telling me, If I heard his Brother make any more Noise, to send to him, and let him know of it.

William Mac. Gennis swore, That he saw the Captain stand at the Purser's Cabin Door at the Time of the Murder, with a drawn Sword in his Hand; and that when he offer'd to draw near him, the Captain held up his Sword, and bid him keep back.

The Captain in his Defence pleaded the utmost Innocence; alledging, That could it be thought he could be guilty of the Murder of his Brother Sir John, whereas, by his Death, he lost at least 40,000 l? That the Sickness and Disorder in the House, debarr'd him of his Lawyers and Friends con­versing with him: That he apply'd to the Captain of the Ruby as soon as he was allow'd Pen, Ink, and Paper, for Evidences on Ship-board (which were Lieutenant Perry, the Doctor, Mr. Robert Haythorn, Mr. Richard Wilson, and Mr. Hugh Driscal:) That he had applied to the Lords of the Admiralty, who sent him an Order, but the said Ship sail'd the Day before it arriv'd; which debarr'd him of justifying himself, they being material Evidences: — In Vindication of his causing Sir John to be seized in the Manner he was, he urg'd, That he was a Lunatick, and therefore, he did it to take care of him: That his being taken in the Day-time on board, was plain, there was no secret Design, or that he was to have any Harm come to him: And that even when he parted with him at Mr Smith's, he behav'd in a very mad Manner and took no Leave.—That the People on board knew of his coming a Week before he came; there­fore [Page 18] he intimated that he must be very silly to bring a Per­son to 300 Evidences to commit a vile Act, where nothing can be a secret above 4 Hours. The Persons Mr. Goodere brought to prove Sir John a Lunatick were two young Wo­men, one of whom believed him to be a Lunatick, or mad, because he would get up in the Middle of the Night, and disturb all the Servants; that sometimes he would busy himself in hanging on the Pot, &c. &c.

Another Person was called to prove Sir John had made his Will several Months before, &c. And being ask'd con­cerning the Disposition of Sir John, he reply'd, That he was a good Friend, a loving Neighbour, and a kind Land­lord; that he was so far from being a Lunatick, as to be capable to negociate his own Affairs with his Tenants, &c.

Another Gentleman was call'd by Mr. Goodere, to his Character; but being ask'd whether he knew Sir John to be any Ways mad, or the like? He declar'd, That he was so far from being a Lunatick, that he had more Sense than all the whole Family. Sir John was also prov'd by Mr. Smith to be in his perfect Senses when he left his House.

The Evidence for the King, being clear and full, after a Trial of nine Hours, the Jury brought in their Verdict, Guilty, against the Captain and Mahony, in less than 15 Minutes.

Charles White was tried the next Day for the said Mur­der, and for robbing Sir John of 8 Guineas and a Gold Watch, and was found Guilty on both Indictments; and the Day after, they all three receiv'd Sentence of Death.