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(who all along bore them company, and animated them as they passed along) bade them make more dispatch, and m-nd their pace. Accordingly, they took up Sir John, and carried him by main force a considerable way, then let him down again, and pushed and hauled him along, until they had got near to the slip opposite the King's Head.' Sir John cried out, 'Save me! save me for they are going to murder me!' There the barge came up; and the prisoner, Mr. Goodere, had his brother forced into the barge, and with Mahony and the rest went also into the barge. Sir John then called out, For God's sake, run to Mr. Smith, and tell him I am about to be murdered, or I am an undone man.' And crying out that his name was Dinely, Mr. Goodere stopped his mouth with his hand to prevent his telling his other name. And though Sir John was in an ill state of health, yet his hardhearted brother forcibly took his cloak from off his back, and put it on himself. And having thus got him into his power, he ordered the men to row off; telling his brother, that now he had got him into his custody, he would take care of him, and prevent his making away with his estate. But, Gentlemen, in fact so little did he think himself concerned with what Sir John did with the estate, that he was of opinion no act of Sir John's could affect it longer than his own life, and that it must necessarily devolve to him, as the next in remainder, on his brother's dying without issue. And this, Gentlemen, he declared to Mr. Smith but a few days before; and indeed his brother at once saw what kind of prevention it was he meant. 'I know,' says he to Mr. Goodere, soon after his being forced into the barge, 'you intend to murder me this night, and therefore you may as well do it now as carry me down.' Poor gentleman! his heart misgave him, that the design of this base and daring outrage was to make the ship his prison, one of the cabins his slaughter-house, and the sea his grave; and therefore he made it his choice to be thrown overboard in the river (where his body might be found) rather than buried in the ocean. The prisoner, Goodere, denied indeed he had any such design, but yet could not refrain from the usual exhortation to dying persons that he would have him make his peace with God.

At the Redcliff, the privateer's men were set on shore, and I think about seven in the evening the barge reached the 'Ruby' man-of-war, then in the King's Road. Mr. Goodere had in their

passage talked of bleeding and purging his brother, to bring him to his senses, pretending he was a madman; for he knew very well that very few of his own men would have assisted him in such an enterprise, had they not been under a belief that his brother was really mad. And to keep up such a notion, as soon as he got him on board the 'Ruby,' he hurried him down what I think they call the gangway into the purser's cabin, making an apology that he had brought in a mad fellow there; then ordered two bolts to be clapped on the cabin-door, for the making his prison more secure, which was accordingly done. And now having made his brother a prisoner, his next step was to destroy him. He took Mahony with him into his own cabin, and there the cruel means of murdering his brother was concerted between them. They agreed to strangle him, and engaged one White (who is hereafter to stand to the justice of his country) to assist them in the butchery. I should have told you, Gentlemen, that it is usual in ships of war to place a sentinel over persons under arrest; and accordingly one was placed, by Mr. Goodere's orders, with a drawn cutlass in his hand, at the door of the cabin where Sir John was confined. This sentinel about twelve at night was relieved by one Buchanan. It was impossible for the prisoners to put their wicked design in execution while this Buchanan remained at the cabin-door; so, to remove that obstacle, Mr. Goodere (after having been in close conference with Mahony and White) comes down to the purser's cabin, takes the cutlass from Buchanan, and orders him on deck, posting himself at the door of the purser's cabin with the drawn cutlass in his hand. I shall open none of the circumstances disclosed by Mahony in his confession, as being no evidence against Mr. Goodere; but it will be made appear to you, in proof that Mahony and White came to the purser's cabin while Mr. Goodere stood posted at the door of it, that they were let into the purser's cabin by Mr. Goodere himself. Mahony in particular was seen by one Macguiness (who kept watch in the gun-room) to go into the purser's cabin, Mr. Goodere at the same time standing sentinel at the door of it, and waving his cutlass at Macguiness to make him go back. He did so; but Mr. Goodere waved his cutlass to him a second time, and bade him keep back. Then, Gentlemen, it was that Mr. Goodere and his two accomplices effected the cruel murder of his unfortunate brother. Mahony was heard to bid him not to stir

for his life; and then, in conjunction with White, while Mr. Goodere stood watch for them at the cabin-door (which Mr. Recorder will tell you was the same as being within it), fell on this unhappy gentleman as he lay in the cabin; and one of them having half throttled him with his hands, they put a rope about his neck, and at length strangled him. Great were his agonies, and long and painful the conflict between life and death. He struggled violently, and kicked against the cabin, crying out several times very loud, 'Murder! Must I die! Help, for God's sake; save my life! Here are twenty guineas-take them!' For he well knew they were strangling him by his brother's orders, and therefore offered them a bribe to spare his life. The ship's cooper (one Jones) and his wife, lying in the adjoining cabin, heard his dying outcries and the noise occasioned by his kicking; his cries, too, were heard by others far beyond the cabindoor. Nature at length gave way, and he expired under these cruelties. Then Mahony called for a light, that they might have all the evidence of their eyesight that Sir John was actually dead; and (which is a shocking circumstance in the case) Mr. Goodere himself handed them in the candle upon that occasion. Buchanan, perceiving the light disappear, was coming to him with another; but Mr. Goodere waved the cutlass at him to stand off. Such, Gentlemen, was the fatal conclusion of this tragical business. What was seen by the cooper and his wife after the candle was handed in, with regard to rifling the deceased, shall come from their own mouths. The murder being thus effected, Mr. Goodere locked the door, and withdrew to his own cabin. Mahony and White were by his order put aboard the yawl, and sent to Bristol. They did not fly the city, Gentlemen, depending that their fellow-murderer would some way or other smother this deed of darkness, and take care of their security for the sake of his own. But Divine Providence ordered otherThe honest cooper, though he durst not give the alarm while the murder was committing, for fear of sharing the same fate with Sir John, yet as soon as he could with safety, made a discovery of the whole that he had heard and seen. It was concluded that Mr. Goodere had made away with his brother, which too evidently appeared on the cooper's forcing open the purser's cabin-door, where Sir John lay murdered; and thereupon the cooper had the resolution to seize the murderer who remained on

wise.

board, though his Captain. He pretended innocence; and when brought by warrant before Mr. Mayor and other of the city magistrates, publicly declared that he did not then know his brother was murdered, and went so far as to deny his having had any hand in either seizing, detaining, or murdering him. But, Gentlemen, if my instructions don't mislead me, we shall fix the thing at least as strongly upon Mr. Goodere as Mahony, and more strongly upon them both than I am willing to open it.”

Then came a cloud of witnesses: Mr. Smith, the landlord of the White Hart;' a variety of bystanders; the men of the barge, one of whom, the Midshipman Williams, deposes to the exhortation given by Captain Goodere to his brother, to make his peace with God:

Williams. And the Captain being as near to Sir John as I am to your Lordship, Sir John asked the Captain what he was going to do with him? Says the Captain: "I am going to carry you on board to save you from ruin, and from lying rotting in a jail."

Mr. Vernon (counsel for the prosecution).-And what reply did Sir John make to that?

Williams. He said: "I know better things. I believe you are going to murder me. You might as well throw me overboard, and murder me here right, as carry me on board ship and murder me." "No," says the Captain, "I am not going to do any such thing; but I would have you make your peace with God." As I steered the boat I heard all that passed.

Then came witnesses to the bringing on board and into the purser's cabin, and the fastening on the bolts, and the placing a sentinel at the door, and the replacing that sentinel by Captain Goodere himself; and then comes the chief witness of all, the "honest cooper."

Edward Jones sworn :

Mr. Vernon. Mr. Jones, I think you are the cooper of the ship 'Ruby?'

Jones. Yes, sir.

Mr. Vernon.-Were you on board on Sunday, the 18th of January last?

Jones.-Yes, sir; I was.

Mr. Vernon.-In what cabin did you lie that night?

Jones.—I had no cabin; but I made bold to lie in the sloproom that night, having my wife on board.

Mr. Vernon.-Pray what is that you call the slop-room?
Jones. It is like a cabin.

Mr. Vernon.-How near is the slop-room to the purser's cabin?

Jones-Nothing but a thin deal partition parts it from the purser's cabin.

Tell

Mr. Vernon.-Will you relate to Mr. Recorder and the jury, what you know about the murder of Mr. Goodere's brother. the whole you know concerning it.

Jones.-About Wednesday or Thursday before this happened, the Captain said to me, "Cooper, get this purser's cabin cleared out; for he said he expected a gentleman shortly to come on board. I cleared it out, and on Sunday evening the gentleman came on board. When the people on deck cried, "Cooper, show a light," I brought a light, and saw the Captain going down the cockpit ladder. The gentleman was hauled down; he complained of a pain in his thigh from their hauling him on board. The Captain asked him if he would have a dram. He said no, for he had drank nothing but water for two years. The Captain ordered Mahony a dram. He drank it. He also ordered one Jack Lee to put two bolts on the purser's cabin-door. The gentleman walked to and fro the purser's cabin, while they were nailing the bolts on. He wanted to speak with one of the officers. The carpenter told him he was the carpenter. Says the gentleman, "Do you understand what my brother Sam is going to do with me?" And said his brother had brought him on board to murder him that night. The carpenter said he hoped not, but what was done was for his good. The Captain said, they must not mind what his brother said, for he had been mad for a twelvemonth past; then the Captain went up again, and went into the doctor's room. I went to bed about eight o'clock. Some time about eleven o'clock at night, I heard the gentleman knock Mahony went into him. Mahony sat down in the cabin, and he and the gentleman had a great deal of discourse together; the gentleman said he had been at the East Indies, and told what he had got by his merit, and Mahony said some by good friends. I heard the gentleman, after Mahony had gone, pray to God to be his comforter under his afflictions: he said to himself that he

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