The tryal of Spencer Cowper, John Marson, Ellis Stevens, and William Rogers, Gent : upon an indictment for the murther of Mrs. Sarah Stout, a Quaker. Before Mr. Baron Hatsell, at Hertford Assizes, July 18. 1699. Of which they were acquitted. With the opinions of the eminent physicians and chyrurgeons on both sides concerning drowned bodies, delivered in the tryal. And the several letters produced in court.

  • Spencer Cowper
Date:
1699
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Licence: Public Domain Mark

Credit: The tryal of Spencer Cowper, John Marson, Ellis Stevens, and William Rogers, Gent : upon an indictment for the murther of Mrs. Sarah Stout, a Quaker. Before Mr. Baron Hatsell, at Hertford Assizes, July 18. 1699. Of which they were acquitted. With the opinions of the eminent physicians and chyrurgeons on both sides concerning drowned bodies, delivered in the tryal. And the several letters produced in court. Source: Wellcome Collection.

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    Man fell out of the Ctrntoal, and funk down to rights, and feven days after we weighed AnchoT, and fie was brought up grafping his Arms about the Cable : And we have'obferved in feveral Cafes, that where Men fall over-board, as foon as their brea'h is out of cheir Bodies they fink downright; and on the con- trary, when a dead Body is thrown oVer board without weight, it will fwipi. Mr. Jones, You have been in a 1-ight how do Bodies float after a Battle ? Clement, Men float with their Heads juft down, and the fmall of their Bacs and Buttocks upwards, I have feen a great mimber of them fome hundreds in Bcachy-head Fight, when we engag'd the French, I was in the old Cambridge ; at that time I faw feveral (what number I will not be poiitive, but they were * great number, I can't guefs to a Scoie) that did really fwim, and I could fee them float ata coufidera- b!e diftance. Mr. femes, Ha' e you feen a Sh'pwreck. ? Clement, Yes, the Coronation in September 16^1. I was then belonging to the Dutchsfs, under the Com- mand of Captain Clement, we look'd out and fee them taking down their Marts, we faw the Men walk- ing up and down on the right fide, and the Ship funk down, and they fwam up and down like a fhoal of Filh one after another, and I fee them hover o e upon another, and fee the^i drop away by fcores ac a time, and theie was an account of about 19 that faved 'hemfelves, fome by Boats, and others by faim- ing ; but there were no more faved out of the Ship s Complement, which was between five and fix hun- dred, and die reft I faw fink downright, fome 2o at a time. There was a Fifherman b ought our Cap- tain Word, that in laying in of his Nets he dew up fome Men, c'ofe under the Rocks, that were drown- ed, belonging to the Coronation, we generally thro w in ba;;s of Ballali with them. Mr. Jones, 1 fuppofe all Men tha: are not drowned v ou fink them wiih weights, Clement, formerly fhot was allowed for that puipTe, there us'd to be three-fcrore weight of Iron but nr w it's a Bag of Ballaft that is made faft to them. Mr. Jones, Then you take it for a certain Rule, that thofe that a;e drowned fink, but thofe that are thrown over board do not. Clement, Yes, otherwife why fhould the Government-1 be at the vail Charge to allow three fcore or four fcore weight of iron to fink ever/ Man, but onl) that th.ir fwinvng about ftiould not be a dis- couragement to others. (Then Richard Gin was i worn> Mr. Jones-; You hear the Qreft'on, pray what do ycu fay to it ? Gin, I was at Sea a great while, and all the Men tha: I faw turn'd over-board had a great Weight at their Heels to fink. Mr. Jones, Then wid they fwim orherwife ? Gin, So they fay. Mr. Jones, Are you a Seaman? Gin, I went aga nft my Will in two Fights. Mr. Jones, Then Gentlemen of the Jury* I hope, we have given you Satjsfaftbn that Mrs. Stout did not drown herfelf,but was carried into the Water after Ihe was kilt'd : That was the firft Queftion ; for if it be true, that all dead Bodies when they are put into the Water do fwim, and the f odies that go alive into the Water and are drowned do fink ; this is fufHcient Evidence that Ihe came by her death, not by drowning, but fome other way : Now, my Lord, as to the fecond matter, and that is, to give fuch Evidence as we have againft thefe Gentlemen at the Bar ; M\ Conifer it appears was the laft Man that any one can give an account of was in her Company : What became of her afterwards, or where they went no body can tell ; but the other Witnefles have given you Evidence that he was the laft Man thac was with her : I fhall only give this further Evidence, as to Mr. Cowper , That notwithftanding all the Civilites and Kindnefles that pafs'd between him and this Family, when the bruit and noife of this Faft was fpread abroad, Mr. Confer did not come to confider and confult with old Mrs. Stout what was to be done ; but bo took no manner of notice of i, *nd the next day he rode cut of To wn, without fur- ther taking notice of it. Call Geo :ge. Aldridg, and John Archer. - (John Archer was ftoorn) Mr. Jones, Do you know any thing of Mr. Cowpers going out of Town after this Bufinefs of Mrs. St out's being drowned ? Archer, Ye?, I did fee him go out of Town afterwards. Mr. Jones, Which way did he go ? Archer, He went the back way from the Glove, I fuppofe he came that way. Mr. Cowper, W hat day was it I went: Is it not the way that I us'd to go when I go the Circuit into Ejj}x ? Archer, Yes, I believe fo. Mr. Cowper, I lodg'd at Mr. Barefoot's, and as the back Door of the Glove, where my Horfe was, and 1 went the direft way into Ejfex, and it was Wednesday morning: What day was it you fee nie go ? Aicher, It was on the Wednefdy morriing. Mr. Co-coper, I hat was the very day I went in*o Ejfex. (Then George Aldridg mas fcotrn) Mr. Jones, When did Mr. Cosoper go out of Town the laft Affizes? AUridg, On Wednesday. Mr Jones, Which way did he £0 ? Aldridg, He went the way to Chelmsford Mr Jones, Did you not fetch his Horfe from Stou/s ? Aldridg, Yes Sir. Mr. Jones, Hnw often did you go for it ? Aldridg, Tlree Times. Mr. Jones, When ? Mdridg, On Tuefday night I fent once, and went twice myfelf; the firft time there was no Body at home to deliver the Horfe, fo I went to Mr. Stout's andask'd him about the Hoife, and he faid he could not deliver him till the Maid went home, and then t went about II a Clock, and had the Horfe. Mr. Bar; Hatfell, Was it li at n.gi.t ? Aldridg, Yes, my Lord. Mr. Cowper, When I fent you to fetch my Horfe, what Directions did I give you ? Aldridg, You gave me Dirftions to fetch your Horfe, becaufe you faid joufhouli have OCCafiontO go out next morning betimes with the Judge. - .Mr. Cowpcr, The renfon I fent for my Horfe was this ; when I heard fhe had drowned her fe'f, I think it co^cern'd me in prudence to fend a common Hoftler for him, for fear the Lord of the Manner fhould .fiezx Oil that were the'e as forfeited. 1 ■Mi-. Baron Hntf.il, There was no danger of that, fin fhe was found non commas mentis. Mr. Cowper, Ni, my Lord, I fent before the Verdift, .]tfr. Jones, It feems you did not think fit to go and take Horfe there yourfelf, though you put your ft Now, my Lord, we will go on and give the other Evidence that we open'd concerning thefe 3 other Gentlemen thtt came ro Towr ; x of them took Lodgings at Gurrey'% at y in the Afternom, but did not come in till between n and 12, and then they brought another in with the.n; and though he had been , in