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
Catalogue details

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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    E. Gurrey, Mr. Marfan nsVd the other Gentlemen how much money they had fpenr, the other anfwer'd], What's that to him, you have had 40 or 50 Pounds to your fliare? Then the other ask'd him, Whether the Bufinefs was done ? And he anfwer'd, he believ'd it was,but if it was not done, it would be done tri Night; then, my Lord, he pull'd out a handful of Money out of his Pocket, and fwore he would fpend it all for Joy the Bufinefs was done. Mr. Jones, Was Mr. Cover's Name mention'd ? E. Gurrey, I heard them mention Mr. Confers Name, but not Mrs. Sarah Stout's. . Mr. Jones, vv hat Condition was the Gentlemen's Shoes in ? E. Gurrey,^ I think it was Mr. Marfan his Shoes were very wet and dirty, one of thett was very hot, . and he wip'd his Head with his Handkerchief. Mr. Jones, Now, my Lord, we have done as to our Evidence: Mr. Marfan pretended he Was juft then a'ighted and come from London, and was in a great heat, and his Shoes were wet; I wonder what Mr. Marfan had been doing, for when he was examined, h6 faid he came to Town about Eight of the Clock, and went to the Glove and Dolphin-Inn, and ftaid there while he came to his Lodging ; now 'tis a won- derful thing that he fhould come wet-fhod from a Tavern, where he had been fitting Four or Fire Hours together. Then the Examination of Mr« John Marfan was read. Mr. Jones, All that I obferve from it, is this; that he had been e hours in Town, and when he came to his Lodging he came in wet and hot, and faid he was juft come from London. Mr. Marfan, I had rid Forty Miles that Day, and could not We foon cold. Mr. Baron Hatfall, They have done now for the King ; Come Mr. Covper, What do you fay to it, ? Mr. 3oanes, If >our Lordfliip pleafe we'll call,one Witnefs more. (Mary Riehardfon) Mr. Jones, Do you know Mr. Marfan, or any of thefe Gentlemen ? M s Richardfan, They came on Tuefday Night to the Bell at Hoddefdon, and lay there, and one of the Gentlemen, when I was warming the aueets, ask'd me if I knew Mrs. Sarah Stout, and I faid yes § he ask'd me if I knew which way fhe came to her end, and I told him I could not tell, Mr. Jones, Is that all, what dim they fay more ? Mrs. Richardfan, They did defire and wifh it might be found out how it came about; and one Gere* tlcman took no notice of her at all ; they had a little Bundle, but what was in it I can't tell, but there I fee it bound up in fome colour'd Stuff or other, but what it was I can't tell. Mr. Jones, Is that all you can fay? Mrs. Richardfan, Yes, that's all. Mr. Jones, Then we have done. Mr, Baron Hatfall, Come Mr. Cowpert What do you fay to it ? Mr. Covper, Now they have done on the part of the King, my Lord, and you Gentleman of the Jury, I muft beg your patience for my Defence, f confefs it was an unfortunate Accident for me (as Wr.Jonej calls it) that I happened to be the laft Perfon (for ought appears) in the Company of a melancholy vVo« man. The Difcourfe occafion'd by this Accident had been a fufficient Misfortune to me without any thing elfe to aggravate it; but / did not in the leaft imagin that fo little, fo trival an Evidence as here is, could puffibly have affe&ed me to fo great a degree, as to bring me to this Place to anfwer for tne worft Fatt that the worft of Men can be guilty of. My Lord, your Lordlhip did juft now obferve* that I have appear'd at the Bar for my,Ciients, but I muff fay too, that / never appear'd for my felf under this or the like Circumftances, as a Criminal for any Offence whatfoever; Mr. Jones very well f»id, when hefpoke on the part of the King, that if this Gentlewoman was mur- thered, the Crime was Villainous, Bafe, Barbarous, and Cruel j and for mv oarr ' ehinfc io too, the Crime would be fo great, chat le «ouid CufK<.i*in.iy uc (.unaemn 0 : But at the fame time / may aver, that to fuppofe a Murther without good Grounds for it, and afterwards to charge innocent Men with it knowingly and malicioufly, is to a Trifle as Safe and Barbarous as the Murther itfelf could be. My Lord, / fpeak for my own part, / know not at what Price other Men may value their Lives, but / had much rather my felf was mutherel than my Reputation; which yet, /amfenfible hath fuffer'd] greatly hitherto, by the malice and artifice of fome Men, who have gone pretty for in making this Fa&, as Barbarous as it is, to be credited of me. And therefore /muft beg your Lordfhip's, and the Jury's Patience, while / not only defend my Life, but juftify myfelf alfo from thefe things that have unjuftly afperfed me, by the Confpiracy and Artifice of my Accufers. My Lord, in all the Evideace that hath been given, / muft obferve there is no pofitive Evidence, with Submiffion, to induce the Jury, or any one to believe the General, that this Gentlewoman was murther'd ; but they go upon Suppnfitions and Inferences, which are contradi&ed by other Circum- ftances, in the verv Evidence of the Profecutor, that.make full as ftrong to prove fhe was not murther- ed, as that fhe was fo that as it (lands, it can amount only to a bare Suppofition, that fhc was mur- ther'd by any body. Then as to the Evidence that particularly relates to myfelf, or the Gentlemen who ftand with me at the Bar •, that they, or / were concern'd in it, (if fhe was tnurther'd) there is not one Syllable of Proof; at moft it amounts but to make us fufpeQ of a Murder, not proved, but only fufpefted; this I obferve upon the Evidence, as it now ftands without Anfwer, as it has been given one the King's part, aud how far in the Cafe of Life Men fhal! be affefted with Evidence of this Nature which neither proves the Mur- ther in General, nor that they did it in particular, though no Defence was made, or any further An- fwer given, I muft fubmit to your Lordfhip's, and the Jury's Judgment. But my Lord, I do not doubt but I fhall be able to wipe away, even that remorfe Sufpiclon by my Defence ; they have been long in their Evidence for the King, and therefore I muft beg your Patience while I give a particular Anfwer to every part of it, in as good a Method as I am able, and I will wafte as little time as may confift with the juftifying my Reputation (for which I know your Lordfhip will have as tender a regard, to fee it doth not fuffer unjuftly,) as for my Life it felf. And I promife your Lordfhip / fhall trouble you with no Evidence which is not exprefs and plain, no Inuendoes or Sufpicions; but / fhall prove fully and clearly, in the firft place, that there was no Ground at all in this Cafe to fuppofe fhe was murthered by any one but her felf. The firft Fa& that they infifted upon to infer a Murther from it, was, that the Body was found float- ing ; now, my Lord, that Fa& / am able by the Evidence / have, as well as from that of the Profecu- tor, to ceny ; for the Fa& was direftly otherwife, that is, fhe was not found floating. And whereas the Profecutor's Witneffes, who have been produced to this Point, are obfeure and poor Men, and your Lordfhip obferves have been taught to fay generally that fhe floated, which, when they E are