ATTORNEY-GENERAI^ Pray, friend, consider what
you swore at the Coroner's Inquest about the blood
upon the sword.
POMFRBT Indeed 1 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
ATTORNEY-GENERAL How do you know what sort
of sword Mr. French's was, and in what condition it
POMFRET He desired me to take notice of it
next morning, and I did so ; and there was no blood
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 after-
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.
98 STATE TRIALS
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
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
ATTORNEY-GENERAL What then became of the
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
THE EARL OF WARWICK 99
Mr. French, for he was his particular friend ; and
Mr. French continued there till Sunday about one of
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
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
POMFRET Yes ; my lord of Warwick desired to
take care of him.
ATTORNEY-GENERAL Then pray, was there no dis-
course how he came to be wounded ?
POMFHET 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
ATTORNEY-GENERAL Pray will you recollect your-
self, 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
ATTORNEY-GENERAL If I apprehend you, you say
my lord had a wound in his hand.
POMFHET Yes, my lord, he had so.
ioo STATE TRIALS
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
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
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.
THE EARL OF WARWICK 101
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 ad-
mitted ; 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
102 STATE TRIALS
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
CAPTAIN DUCKINFIELD Early in the morning I was
told of this accident.
ATTORNEY-GENERAL By whom ?
CAPTAIN DUCKINFIELD One of the company, I can-
not tell who, I think they were all together then, my
lord of Warwick, capt. James, capt. Dockwra, and
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
THE EARL OF WARWICK 103
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
CAPTAIN DUCKINFIELD Mr. Dockwra and Mr.
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,
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
CAPTAIN DUCKINFIELD About half an hour.
ATTORNEY-GENERAL Did they come publicly ?
CAPTAIN DUCKINFIELD We went away in a hackney
ATTORNEY-GENERAL Pray, what discourse was
there about consulting to go into the country to-
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
104 STATE TRIALS
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
CAPTAIN DUCKINFIELD It was about six of the
ATTORNEY-GENERAL Cannot you tell whither they
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 agree-
ment 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.
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 DUCKINFIRLD 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.
THE EARL OF WARWICK 105
ATTORNEY-GENERAL Pray, what reason was there
for their going into the country before he was dead ?
CAPTAIN DUCKINFIELD They believed he was
ATTORNEY-GENERAL Cannot you tell the reason
why they would go into the country ?
CAPTAIN DUCKINFIELD No, indeed, I cannot tell
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 con-
cerning 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
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 a.s well as the in.
VOL. II. H
106 STATE TRIALS
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
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
THE EARL OF WARWICK 107
in, and then they went away, for after that I did not
hear any further discourse.
ATTORNEY-GENERAL What became of the rest of
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
ATTORNEY-GENERAL My lord, we have done with
LORD HIGH STEWARD My lord Warwick, will you
ask him any questions ?
EARL OP 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
io8 STATE TRIALS
EAIIL OP WARWICK I desire he may be asked,
whether he has not observed a particular kindness and
friendship between his master and me ?
TUIINER 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 unkind-
ness between them.
EARL OP WARWICK Whether he knows of any
quarrel that was between us ?
TURNER No, I never did.
EARL OP 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
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'a
POMFRET Indeed I cannot tell.
THE EARL OF WARWICK 109
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 evi-
dence, until we hear what my lord of Warwick says
LORD HIGH STEWARD My lord of Warwick, will
you ask this witness any questions ?
EARL OP WARWICK No, my lord.
LORD HIGH STEWARD Make proclamation for silence.
CLERK OF THE CROWN Serjeant at arms, make pro-
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' judg-
ment, even on the evidence that has been offered
against me, whether there hath been any thing proved
no STATE TRIALS
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 wit-
nesses who have been examined against me, which
I will not trouble your lordships to repeat, but sub-
mit 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.
It was on the Saturday night when my lord Mohun
and I, and several other gentlemen, met at Locket's,
where the same company used often to meet ; and in
some time after several of us had been there, Mr.
Coote came unexpectedly, and for some time he and
we were very friendly, and in good humour, as we
used to be with each other ; but then there happened
some reflecting expressions from Mr. Coote to Mr.
French, who thereupon called for the reckoning ;
and it being paid, we left the upper room, and I
THE EARL OF WARWICK in
proposed to send three bottles of wine to my own
lodging, and to carry him thither to prevent the
quarrel. But while the company stopped to call for
a glass of ale at the bar below, Mr. Coote (whose
unfortunate humour was sometimes to be quarrel-
some) did again provoke Mr. French to such degree,
that they there drew their swords ; but we then pre-
vented them of doing any mischief: then Mr. Coote
still insisting to quarrel further with Mr. French,
my lord Mohun and I proposed to send for the
guards to prevent them : but they had got chairs to
go towards Leicester-fields ; and my lord Mohun
and I, as friends to Mr. Coote, and intending to
prevent any hurt to him, did follow him in two
other chairs ; and as he was going up St. Martin's-
lane, stopped him, and I extremely there pressed
him to return and be friends with Mr. French, or
at least defer it, for that the night was very dark
and wet ; and while we were so persuading of him,
Mr. French in one chair, and Mr. James and Mr.
Dockwra in two other chairs past by us (which we
guessed to be them), on which Mr. Coote made his
chairmen take him up again, and because the chair-
men would not follow Mr. French faster, threatened
to prick him behind ; and when we were gone to
Green-street and got out of our chairs, Mr. Coote
offered half a guinea to be changed to pay for all
our three chairs, but they not having change, he
desired lord Mohun to pay the three shillings, which
he did. And in a few minutes after, Mr. Coote and
Mr. French engaged in the fields, whither I went
for the assistance and in defence of Mr. Coote, and
received a very ill wound in my right hand ; and
there this fatal accident befel Mr. Coote from Mr.
112 STATE TRIALS
French whom Mr. Coote had dangerously wounded,
and I must account it a great unhappiness to us all
who were there : but so far was I from encouraging
of it, that I will prove to your lordships that I did
my utmost endeavours to prevent it; so far from
any design upon him, that I exposed my own life to
save his ; so far from prepense malice, that I will, by
many witnesses of good quality and credit, prove
to your lordships a constant good and uninterrupted
friendship from the first of our acquaintance to the
time of his death ; which will appear by many in-
stances of my frequent company and correspondence
with him, often lending him money, and paying his
reckonings ; and about two months before his death
lent him an hundred guineas towards buying him an
ensign's place in the guards, and often, and even two
nights before this, he lodged with me, and that very
night I paid his reckoning. And when I have proved
these things, and answered what has been said about
the sword and what other objections they have made,
I doubt not but that I shall be acquitted to the entire
satisfaction of your lordships, and all the world that
Before I go upon my evidence, I will crave leave
further to observe to your lordships, that at the Old
Bailey, when I was absent, Mr. French, James, and
Dockwra, have been all tried on the same indictment
now before your lordships ; and it was then opened
and attempted, as now it is, to prove it upon me also ;
and by most of them the same witnesses who have
now appeared ; and they were thereupon convicted
only of manslaughter, which could not have been,
if I had been guilty of murder. And on that trial
it plainly appeared that Mr. French was the person
THE EARL OF WARWICK 113
with whom he quarrelled, and who killed him. And
now I will call my witnesses.
LORD HIGH STEWARD Will your lordship please to
go on to call your witnesses, for the proof of what you
have said ; that is the method, and then you are to
make such observations as you please.
EARL OF WARWICK My first witness is capt.
Keeting, who was with me at Locket's, but went
away before capt. Coote or any of them came ; and
he will tell you I was with him a while.
[Then captain Keeting stood up.]
LORD HIGH STEWARD Capt. Keeting, you are not
upon your oath, because the law will not allow it.
In cases of this nature the witnesses for the prisoner
are not to be upon oath ; but you are to consider that
you speak in God's presence, who does require the
truth should be testified in all causes before courts
of judicature ; and their lordships do expect, that in
what evidence you give here, you should speak with
the same regard to truth as if you were upon oath ;
you hear to what it is my lord of Warwick desires
to have you examined, what say you to it ?
CAPTAIN KEETIKG My lord, I will tell your lord-
ship all the matter I know of it. I met with my lord
of Warwick that evening at Tom's Coffee-house, and
we continued there till about eight at night ; I went
away to see for a gentleman that owed me money,
and afterwards I went to Locket's ; and while I was
there, the drawer came up and told me, my lord of
Warwick desired to speak with me; and when he
came up into the room, he said he was to meet with
my lord Mohun there, and capt Coote, and he asked
me if I knew where capt. French and capt. James
were ; I told him I dined with capt. Coote at Shuttle-
114 STATE TRIALS
worth's ; and in a while after, capt. Coote came in,
and about an hour and an half, I think, I continued
there, and capt. French came in ; capt. Dockwra and
we drank together for an hour and an half, and they