Att. Gen. And what did appear upon Mr. French's sword?

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

Att. Gen. 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.

Att. Gen. 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.

Att. Gen. Was there any discourse at that time about Mr. Coote ?

Pomfret. Not that I heard of, one word. Att. Gen. 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.

Att. Gen. 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.

Att. Gen. 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 1 cannot say any thing who wounded him.

Att. Gen. 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.

Att. Gen. Pray, can you tell whether the shell was open or close?

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

Att. Gen. If I apprehend you, you say my lord had a wound in his hand.

Pomfret. Yes, my lord, he had so.

Att. Gen. Pray, in what hand was it that he was wounded?

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

Att. Gen. Pray, did there appear much blood there?

Pomfret. Yes, my lord, indeed there did. Serj. 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.

Serj. 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.

Att. Gen. Was there any blood upon his sword?

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

Att. Gen. 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.

D. of Leeds. My lords, there has been notice here taken of several swords that this witness saw; and he takes so far notice of my lord of Warwick's sword, that he tells you what sort of hilt it had, and how it was bloody from the point to the hilt; I desire he would give you an account of the length and breadth of the other men's swords, Mr. French, Mr. James, and Mr. Dockwra's.

L. H. S. You said just now, that you took notice of my lord of Warwick's sword, that it was bloody from the point to the hilt; what sort of sword was it?

Pomfret. It was a pretty broad sword.

L. H. S. Did you take notice of the other swords, what breadth or length they were of? Pomfret. No, my lord, I did not.

Att. Gen. Which was that sword that was dirty, as you say?

Pomfret. That was captain French's.
Att. Gen. Was that a broad sword or not?
Pomfret. No, it was not.

Att. Gen. Pray, was it over night or next morning that you saw the swords?

Pomfret. It was in the morning about three a'clock.

Att. Gen. What time did my lord of Warwick, and Mr. James, and Mr. Dockwra go away?

Pomfret. My lord of Warwick and they were gone several hours before Mr. French; and to the best of my remembrance, Mr. James broke his sword upon the floor after be came in.

Att. Gen. Pray, what swords were there in all that you saw there?

Pomfret. There was capt. French's, capt. James's, my lord of Warwick's, and one Mr. Coote's, as Mr. French said when it was brought in.

L. H. S. Have you done with this witness, Mr. Attorney?

Att. Gen. Yes, my lord, we have. L. H. S. My lord Warwick, will you ask him any questions?

E. of Warwick. No, my lord.

L. H. S. Then, Mr. Attorney, call your next witness.

Att. Gen. Our next witness is Thomas Goodall, who is a servant at the Bagnio in Long Acre, as well as this man that was last. (He was sworn.)

L. H. S. What questions do you ask him, Mr. Attorney?

Att. Gen. My lord, I desire he would ac quaint your lordships, what time it was my lord of Warwick and capt. French came to his master's house?

Goodall. It was between one and two o'clock in the morning.

Att. Gen. My lord, I desire he would acquaint your lordships what he saw and knows, that passed at that time?

Goodall. All that I can say is, that I did see my lord of Warwick's sword bloody, and it was naked in his band, and I did see a wound on his band: indeed I did not see him when he first came in, for he had been there a pretty while before I saw him.

Att. Gen. Pray, in what condition was my lord when you saw him?

Goodall. He had his sword in one hand, and it was bloody at the blade and at the hilt; but whether it was bloody all over, indeed I did not take notice of it, and so cannot give an ac

count.

Att. Gen. Pray, what sort of sword was it? Goodall. Indeed I cannot give an account what sort of sword it was, but it was either steel or silver gilt, as I remember; but I did take notice that there was blood upon the hilt, that is, upon the shell.

Att. Gen. Was it an open shell, or a close

one?

Goodall. I think it was a close one.

Att. Gen. Pray, did my lord of Warwick give any order to be denied in the house, or for any concealment there?

Goodall. Indeed I did not hear of any orders given for concealing of any body there; but my lord walked up and down very much concerned.

Att. Gen. Did not Mr. French come in with him?

Goodall. I do believe he might: but I cannot say I saw him when he came in.

Att. Gen. Can you tell when Mr. James and Mr. Dockwra came in? How long was that after my lord of Warwick was there, and Mr. French?

Goodall. To the best of my remembrance and knowledge, it was half an hour after my lord of Warwick and Mr. French came, that Mr. James and Mr. Dockwra came: I am sure it was so before I saw them in the house; but indeed I cannot say directly when they came in, or when they went out.

Att. Gen. Pray, which hand of my lord of Warwick was it that was hurt, the right or the left?

Goodall. Indeed, I cannot positively say; but I think it was the right hand.

Att. Gen. You talk of my lord of Warwick's sword; did you take any notice of Mr. French's sword?

Goodall. No, indeed; I was busy about the affairs of the house; I did see my lord of Warwick's sword, but that was by chance, and it was bloody at the hilt, and upon the blade; but whether it were all over bloody, indeed I cannot tell.

Att. Gen. I desire to ask him, Whether he can tell who brought in Mr. Coote's sword thither?-Goodall. Indeed I cannot.

L. H. S. Mr. Attorney-General, have you any more questions to ask him?

Att. Gen. No, my lord, not 1.

L. H. S. My lord of Warwick, will you ask him any questons? lord. L. H. S. Mr. Attorney, who is your next witness?

E. of Warwick. No, my

Att. Gen. My lord, our next witness is Mrs. A. Goodall, this man's wife. [Who was sworn.] L. H. S. What questions do you ask this gentlewoman?

Att. Gen. I desire that she would acquaint your lordships, whether she was at the Bagnio in Long-acre when my lord of Warwick and capt. French came in?

A. Goodall. I was there when my lord of Warwick came in.

Att. Gen. Was capt. French with him? A. Goodall. Yes, captain French was with him.

Att. Gen. About what o'clock was it that they came there?

A. Goodall. It was about two o'clock, as near as I can remember.

Att. Gen. In what condition were they when they came in, pray?

A. Goodall. Mr. French was very much wounded.

Att. Gen. Pray, how was my lord of Warwick?

A. Goodall. My lord had his sword in his hand, and it was very bloody, both at the hilt, and upon the blade.

Att. Gen. Did you observe any wound that my lord had?

A. Goodall. I think, to the best of my remembrance, my lord had his hand wrapped up in a handkerchief, which was bloody; but I was busy up and down in the house, and I cannot so well tell what hand it was; I was indeed up and down there while they were there.

Att. Gen. Do you know of any orders that were given by my lord of Warwick to be concealed while he was there ?

A. Goodall. He did desire the door might not be opened to any body that asked for him, and that it might not be said that he was there; and when the other two gentlemen came to the door, he went to the door himself, and when he saw who they were, he ordered them to be let

in.

Att. Gen. What was the occasion of his going to the door himself?

A. Goodall. There was a knocking at the door, and he had a mind to know who it was; and when it did appear it was Mr. James and Mr. Dockwra, he himself ordered them to be let in.

Att. Gen. How came the door to be open to them?

A. Goodall. Indeed I think he opened it himself.

Att. Gen. How long was that after he and capt. French came in?

A. Goodall. It was about half an hour. Att. Gen. When they first came in, what posture were they in? Had they any swords in their hands?

A. Goodall. I did not positively take notice, whether they had any swords in their hands, nor what they had when they came in. Att. Gen. What became of them after. wards?

A. Goodall. My lord of Warwick, Mr. James, and Mr. Dockwra, went away within a little while, and my lord of Warwick ordered particular care to be taken of Mr. French, as his friend, and he was put to bed after his wounds were dressed; but I cannot tell what afterwards became of my lord Warwick, and the other gentlemen.

Att. Gen. I think you were saying, that my lord of Warwick was wounded in the hand; which hand was it?

A. Goodall. I cannot positively say, whether it was the right or the left.

L. H. S. Will you who are of the king's counsel, ask this witness any further questions? Att. Gen. No, my lord, we shall ask her no other questions.

E. of Warwick. No, my lord, nor I. Att. Gen. Then our next witness is Henry Amy, who is a surgeon, and lives at the Bagnio in Long-acre; and he will give your lordship an account what passed within his knowledge at this time within his house, and who came thither wounded, and what particular care was ordered to be taken of Mr. French, and by whom.

(Mr. Amy was sworn.)

Att. Gen. I desire you will give an account to my lords what happened at your house early in the morning, the 30th of October last?

Amy. The S0th of October last, about two of the clock, I was knocked up out of my bed to attend two gentlemen, my lord Warwick and captain French, who came then into my house. Att. Gen. In what condition were they? Amy. They were both wounded; Mr. French very much, and my lord of Warwick in his hand.

Att. Gen. Did you see any swords?

Amy. Yes; they had both swords in their hands, and my lord of Warwick's sword was very bloody.

Att. Gen. Well, Sir, when they came into your house, what directions was given by my lord Warwick?

Amy. He gave directions, if any body should ask for him, they should say he was not there. Att. Gen. Did any body come and ask for him?

Amy. While we were taking care of Mr. French, and dressing his wound, there were some persons came and knocked at the door, and my lord of Warwick did order, that nobody should be let in; but he himself went to the door, and when he found that it was Mr. Dockwra and Mr. James, my lord Warwick ordered that they should be let in.

Att. Gen. Pray tell my lords what followed after that?

Amy. After we had dressed Mr. French-
Att. Gen. By the way, was there any par-

Amy. After Mr. Dockwra and Mr. James came in, and my lord's hand was dressed, they stayed a little while, and they three west away.

Att. Gen. What was said when they went away?

Amy. My lord of Warwick desired to have great care taken of Mr. French; and they said, Now let us go away; and they went away.

Att. Gen. Pray, what time did they stay in your house?

Amy. When they went away, I think it was about half an hour after they first came in. Att. Gen. Did you take notice of no sword but my lord of Warwick's? Amy. No, not then.

Att. Gen. Did you afterwards? Amy. Afterwards in the morning, Mr. French called for his sword, and I looked upon it.

Att. Gen. Pray, in what condition was his sword? Was it bloody?

Amy. It was without blood, only a little dirty.

Att. Gen. Pray, did you observe that they talked of any quarrel that had been between capt. French and my lord, when they came in? Amy. No.

Att. Gen. Did you ask them any questions about it, the one or the other of them? Amy. No, I did not.

Att. Gen. Did you hear them say, how they came by their wounds?—Amy. No, I did not. Att. Gen. Did you hear them talk of any body being killed, particularly Mr. Coote?

Amy. I did not know of any body being killed till next day.

Att. Gen. Did you take any notice of James's and Dockwra's swords?

Amy. Truly, I took no notice of any swords but my lord Warwick's, while my lord War. wick was there in the house; but the next morning Mr. French gave me his sword, and there was another sword there, which Mr. French told me was capt. Coote's sword.

Att. Gen. When was that? How long after my lord of Warwick, and James, and Dockwra, were gone away?

Amy. It was some hours after.

Att. Gen. When did you hear of Mr. Coote's being killed?

I Amy. About nine o'clock next morning heard of Mr. Coote's being killed.

Alt. Gen. Whom did you hear it from?
Amy. From Pomfret, my servant.
Att. Gen. Did you hear no discourse be-

Att. Gen. What reason did my lord give for that?

Amy. I heard nothing of reason, only that he was his particular friend.

Att. Gen. Did you hear them talk any thing, whither they would go, when they went away?

Amy. I did hear some talk about going into the country.

Att. Gen. Do you know whither they went, when they went away from your house? Amy. No, indeed I did not.

your

lord

Att. Gen. My lord, we have done with him. L. H. S. My lord Warwick, will ship ask this witness any questions? E. of War. I desire to have him asked, whether I was not wounded in the hand.

Amy. His hand was very bloody, the handkerchief that was about it was wet with the blood.

E. of War. I desire to ask him, when it was that he saw capt. French's sword ?

Amy. It was not before the morning; it was about nine o'clock, as I remember.

M. of Norm. Before this witness goes away, I desire he may be asked one question, whether he can tell the size of Mr. French's sword? L. H. S. Here is a noble lord that desires to know, if you can tell about capt. French's sword, what sort of sword it was?

Amy. As to the blade, it was a middle-sized sword.

M. of Norm. Was it a broad blade or no? Amy. No, my lord, it was not a broad blade. L. H.S. Mr. Attorney, who is your next witness?

Att. Gen. Capt. Loftus Duckinfield. (Who was sworn.)

Att. Gen. 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.

Capt. Duck. Early in the morning I was told of this accident.

-Att. Gen. By whom?

Capt. Duck. 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.

Att. Gen. What was their discourse? Capt. Duck. They said, they believed captain Coote was killed,

Att. Gen. Did they tell you by whom? Capt. Duck. By Mr. French, every body did say he was his adversary.

Att. Gen. What account was given of the action ?

Capt. Duck. They said it was done in the dark, and capt. French was his adversary. Att. Gen. Was there any notice taken of any duel?

Capt. Duck. 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.

Att. Gen. Who were on the other side? Capt. Duck. Mr. Dockwra and Mr. James. Att. Gen. Was there any discourse, who actually fought?

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

Att. Gen. Did you see my lord of Warwick's sword?

Capt. Duck. Some time of the day I did; but I cannot tell whether it was in the morning,

or no.

Att. Gen. In what condition was it? Was it bloody or not?

Capt. Duck. It was a steel sword.

Att. Gen. How long did they stay with you?" Capt. Duck. About half an hour. Att. Gen. Did they come publicly? Capt. Duck. We went away in a hackney coach together.

Att. Gen. Pray, what discourse was there about consulting to go into the country together?

Capt. Duck. That might be discoursed, but by whom I cannot tell.

Att. Gen. Did my lord of Warwick talk of going into the country?

Capt. Duck. Whether the company talked of it, or my lord of Warwick in particular, and the rest assented to it, I cannot well tell. Att. Gen. Whither did they go? Capt. Duck. I cannot directly tell. Att. Gen. What time of the day was it? Capt. Duck. It was about six of the clock. Att. Gen. Cannot you tell whither they

went?

Capt. Duck. 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.

Att. Gen. Can you tell what time my lord of Warwick went away?

Capt. Duck. No, I cannot tell what time he went away, not directly.

Att. Gen. Can you tell of any agreement amongst them, whither they were to go? Capt. Duck. No, I cannot.

Att. Gen. What discourse or concern did you observe past between them, concerning capt. Coote?

Capt. Duck. My lord of Warwick shewed a great deal of concern for his friend Mr. Coote. Att. Gen.. Had you any notice of Mr. Coote's death amongst you?

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

Att. Gen. Was it after the discourse of going into the country, or before?

Capt. Duck. Indeed, I cannot directly say when it was.

Att. Gen. Pray, what reason was there for their going into the country before he was dead?

Capt. Duck. They believed he was dead. Att. Gen. Cannot you tell the reason why they would go into the country?

Capt. Duck. No, indeed, I cannot tell the

reason.

Att. Gen. Did you observe my lord of Warwick's sword? Was there any blood upon it? Capt. Duck. I cannot say his sword was bloody at the point; the whole blade and shell was bloody, to the best of my remembrance. Att. Gen. What sort of a sword was it? Capt. Duck. It was a pretty broad blade, a hollow blade, and a hollow open shell.

Att. Gen. Was there any discourse concerning capt. French?

Capt. Duck. Yes, they thought he was very ill wounded.

Att. Gen. Was there any, and what discourse, who should give my lord of Warwick his wound?

Capt. Duck. It was said, they believed capt. James gave my lord his wound.

Att. Gen. Pray, was there any blood upon Mr. James's sword, or was he wounded?

Capt. Duck. I saw no wound upon capt. James, that I know of.

L. H. S. Do you believe that my lord Warwick's sword was bloodied with the hurt of his own hand, or any otherwise?

Capt. Duck. I cannot tell; it was a cut shell, and the outside bloody as well as the in. L. H. S. My lord Warwick, will your lordship ask this witness any questions?

E. of War. No, my lord.

L. H. S. Mr. Attorney, if you have any other witness, pray call them.

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

Att. Gen. 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.

Att. Gen. Did you observe any desire to be private?

Witness. No, indeed, I cannot tell that. Att. Gen. 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.

Att. Gen. 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 farther discourse.

Att. Gen. 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.

Att. Gen. My lord, we have done with this witness.

L. H. S. My lord Warwick, will you ask him any questions?-E. of War. No, my lord. L. H. S. Mr. Attorney, who is your next witness?

Att. Gen. Mr. Salmon, the surgeon, who by the coroner's order searched the wound. (Who was sworn.)

Att. Gen. Pray, Sir, was you ordered by the coroner to view the body of Mr. Coote?

Salm. Yes, I was ordered by the coroper to inspect the body of capt. Coote, and to give the jury an account of the nature of the wounds.

Att. Gen. Pray, upon the view of the body, what wounds had he?

Salm. There was two wounds; one on the breast near the collar bone, running downwards very deep.

Att. Gen. Pray, what part of the breast was it, and how deep was it?

Salm. It was on the left part of the breast near the collar bone, and it penetrated four or five inches.

Att. Gen. Can you guess at what sort of sword it was that made the wound?

Salm. No, indeed, Sir, I cannot. Att. Gen. Was it a broad sword, or a little sword?

Salm. The orifice was about the length of half an inch, and about the depth of five inches. Att. Gen. Was that made with a broad sword, or with a narrow sword?

Salm. Indeed, I cannot tell. Att. Gen. You say he had another wound; where was that?

Salm. That was on his left side too, near unto the short ribs, under the last rib; which was about the length of an inch, and of the depth of six inches, and it run throngh the diaphragma.

Alt. Gen. Did you take one of these wounds, or both of them to be mortal?

Salm. I did look upon either of them to be mortal, and to be the occasion of his death.

Att. Gen. Can you tell, whether they were both made with one and the same sword?