CHarles Borosky hold up thy hand. (Which he did.) Christopher Vratz hold up thy hand. (Which he did.) John Stern hold up thy hand. (Which he did.) Charles John Coningſmark hold up thy hand. (Which he did.)

Tou ſtand Indicted in the County of Middleſex by the Names of Charles George Borosky, late of the Pariſh of St. Martins in the Fields, in the County of Middleſex, Labourer; otherwiſe called George Boratzi of the ſame Pariſh and County, Labourer; Chriſtopher Vratz of the ſame Pariſh and County, Gentleman; John Stern of the ſame Pariſh and County, Gentleman; and Charles John Coningſmark of the ſame Pariſh and County, Eſquire; otherwiſe called John Coningſmark of the ſame Pariſh and County, Eſquire: For that you the ſaid Charles George Borosky alias Boratzi, Chriſtopher Vratz and John Stern, not having God before your Eyes, but being moved and ſeduced by the Inſtigation of the Devil, upon the Twelfth day of February, in the Thirty Fourth year of the Reign of our Sovereign Lord King Charles the Second, with Force and Arms in the Pariſh of St. Martins in the Fields in the County of Middleſex aforeſaid, in and upon Thomas Thynn, Eſquire; in the Peace of God, and our ſaid Sovereign Lord the King, then and there being Feloniouſly, Wilfully, and of your Malice aforethought, did make an Aſſault. And that thou the ſaid George Borosky alias Boratzi, a certain Blunderbuſs of the Value of Five Shillings, the ſaid Blunderbuſs being then charged with Gunpowder, and Four Leaden Bullets; which ſaid Blunderbuſs thou the ſaid George Borosky alias Boratzi in both thy hands ſo as aforeſaid, Loaden to and againſt the ſaid Thomas Thynn then and there hadſt and heldeſt. And that thou the aforeſaid George Borosky alias Boratzi knowing the Blunderbuſs aforeſaid, to be ſo as aforeſaid, charged with Gunpowder and Leaden Bullets, to and againſt the ſaid Thomas Thynn then and there, with Force of Arms, Feloniouſly, Wilfully, and of thy Malice afore-thought, didſt Diſcharge and Shoot off. And that thou the ſaid George Borosky alias Boratzi, with the ſaid Leaden Bullets ſhot and ſent out of the Blunderbuſs aforeſaid, by the violence and force of the Gunpowder aforeſaid: And by thee the ſaid George Borosky alias Boratzi ſo as aforeſaid diſcharged and ſhot off, the ſaid Thomas Thynn in and upon the right-ſide of the Body of the ſaid Thomas Thynn, near the ſhort Ribs of the right-ſide of the Body of the ſaid Thomas Thynn then and there Feloniouſly, Wilfully, and of thy Malice aforethought didſt Strike and Wound; giving unto him the ſaid Thomas Thynn then and there with the Leaden Bullets aforeſaid, ſo as aforeſaid ſhot and ſent out of the Blunderbuſs aforeſaid by force and violence of the Gunpowder aforeſaid, by thee the ſaid George Borosky alias Boratzi; ſo as aforeſaid diſcharged and ſent out, in and upon the right ſide of the Body of him the ſaid Thomas Thynn near the ſhort Pibbs, on the right-ſide of him the ſaid Thomas Thynn four mortal wounds, every one of them of the breadth of one Inch, and of the depth of ſix Inches; of which ſaid mortal wounds, be the ſaid Thomas Thynn from the ſaid twelfth day of February in the 34th year aforeſaid, unto the thirteenth day of the ſame Moneth of February at the Pariſh of St. Martins in the Fields aforeſaid, did languiſh and lived languiſhing: On which ſaid thirteenth day of February, in the 34th. Year aforeſaid, he the ſaid Thomas Thynn at the Pariſh of St. Martins in the Fields aforeſaid, of the mortal wounds ſo as aforeſaid given dyed. And that you the ſaid Chriſtopher Vratz and John Sterne, then that is to ſay at the time of the Felony and Murder aforeſaid, by the ſaid George Borosky alias Boratzi; ſo as aforeſaid feloniouſly, wilfully and of his malice afore-thought, done and committed, then and there feloniouſly, willfully and of your malice afore thought, by force and arms were preſent, aiding, comforting, abetting, aſſiſting and maintaining the ſaid George Borosky alias Boratzi, the Felony and Murder aforeſaid feloniouſly, willfully and of his malice afore thought to do and commit. And ſo you the ſaid George Borosky alias Boratzi, Chriſtopher Vratz and John Sterne, the ſaid Thomas Thynn in manner and forme aforeſaid, feloniouſly, wilfully and of your malice afore-thought didſt kill and murder againſt the Peace of our Sovereign Lord the King, His Crawn and Dignity. And that thou the ſaid Charles John Coningſmark before the Felony and Murder aforeſaid, by the ſaid George Borosky alias Boratzi, Chriſtopher Vratz and John Sterne in manner and forme aforeſaid, feloniouſly, wilfully and of their malice aforethought, done and committed, to wit, the ſaid Twelfth day of February, in the 34th. Year aforeſaid at the Pariſh of St. Martins in the Fields aforeſaid them the ſaid George Borosky alias Boratzi, Chriſtopher Vratz and John Stern the Felony and Murder aforeſaid, in manner and form aforeſaid, felloniouſly to do and commit feloniouſly, willfully and of thy malice afore-thought didſt ſtir up, counſel, perſwade and procure againſt the Peace of our Sovereign Lord the King, His Crown and Dignity.

Why, you muſt read this to them now in their Language, or elſe they can't underſtand it.

North. You that are the Interpreter, tell them that you are going to Interpret the Indictment to them by degrees.

Yes, my Lord, I will.

Don't read all the Circumſtantials, but only the ſubſtance of the Indictment.

Well, you have told them the ſubſtance of it, that they are Indicted for killing Mr. Thynn.

Yes.

Well, what ſays the firſt man?

I asked him if he be Guilty of the Murder whereof he ſtands Indicted, and he ſays he is not Guilty.

Does he ſay ſo?

Yes, he ſays he is not Guilty.

Why now tell him the Formality, that he muſt put himſelf upon the Jury here.

Ask him this Queſtion. Tell him he is accuſed of the Murder of Mr. Thomas Thynn; ask him if he be Guilty, or not Guilty.

He ſays he is not Guilty, my Lord. I ask'd him juſt now.

Then Sir Nathaniel Johnſon, if you can make him to underſtand it, tell him; that our manner of Tryal here is by Twelve men, and that is by putting himſelf upon the Country, and therefore ask him, how he will be tryed. Tell him that the method is by ſaying, By God and the Countrey.

My Lord, he is a very dull kind of man, he knows not how to Anſwer, nor what to ſay; nor won't ſay any thing, that is the truth of it.

Ask him if he be willing to be tryed after the manner of the Engliſh.

Yes, he ſays he is willing to be tryed according to the faſhion of the Engliſh.

North. He hath pleaded not Guilty, and the other follows of Courſe.

Ask the other, the Captain, the ſame thing.

He deſires a French Interpreter, for he ſpeaks French.

Surely here are enough People that underſtand French, but ask him if he does not underſtand Engliſh.

He can underſtand ſome he ſays.

Then ask him, whether he be Guilty, or not.

He ſays he is not Guilty, my Lord.

Now ask Mr. Stern, but firſt, ask the Captain how he will be Tryed.

He ſays he will be tryed by God, and half his own Country, and half Engliſh.

He ſhall have his Requeſt.

He deſires one thing further.

Look you Sir Nathaniel Johnſon, you muſt tell him this; he ſhall be tryed by half Foreiners, and half Engliſh; that is it I ſuppoſe he deſires.

No, there ſhall not, we will take care of that. Now ask Mr. Stern then the like Queſtion.

My Lord, he ſays he is not Guilty.

Ask him too how he will be Tried; Whether by a Jury?

He ſays hee's content to be Tried as the others are, by half Strangers, and half Engliſh.

Now then ask my Lord Conningſmark what he ſays.

He ſpeaks Engliſh, my Lord.

But not well enough may be, to underſtand the whole.

Sir Nathaniel, What does he ſay?

My Lord, he ſays it is a Concern of his Life, and therefore he deſires he may have not only one Interpreter, but others: He deſires he may have two or three, that they may make no Miſtake.

Very well.

He ſays that I underſtand the Dutch Language; but his Life and Honour are concerned, and therefore he would have three or four.

Who would he have?

Sir Tho. Thynn ſaid they had one that was brought by them.

That is Vandore, who is ſworn already.

Look you, Sir Nathaniel, tell my Lord, if he pleaſes, he ſhall have a French Interpreter; for I know he ſpeaks that Language very well.

My Lord, he ſays, That High Dutch is his Natural Language, and he can expreſs himſelf beſt in that.

Sir N. Johnſon, You muſt ask the Count whether he be Guilty of the Indictment, as Acceſſory before the Fact.

I have asked my Lord, and Not Guilty he anſwers.

How will you be Tried?

He ſays, he will be Tried by God and half his own Countrey, or half Foreigners and half Engliſh; and he deſires they may be Perſons of ſome Quality, as they uſe to Treat Perſons of his Quality, and Strangers.

There ſhall be ſuch Strangers, tell him. You have Merchants of good Account, I ſuppoſe, upon this Pannel.

Yes, my Lord, they are all ſuch.

He deſires he may be Tried diſtinctly from the others.

That cannot be: But look you Sir, Pray tell my Lord this, That though the Evidence muſt be given, and the Jury muſt be charged all together, yet in this Caſe we will diſtinguiſh his Caſe to the Jury, if there be occaſion.

And his Evidence will come diſtrinct.

My Lord, he asks this Queſtion of your Lordſhip and this Honourable Court, if it be agreeable, and according to the Juſtice of this Nation, that my Lord may be allowed two or three days Delay, becauſe he is to prepare Himſelf and Witneſſes for his Tryal.

My Lord, he ſays this, his Witneſſes are not prepared, and he not having had time to recollect himſelf, ſo as to fit himſelf for his defence, therefore he begs the favour of the Court, that he may have a day or two's time to recollect himſelf. He ſays he is to anſwer Circumſtances with Circumſtances, my Lord; he ſays he has ſome Witneſſes as to Circumſtances that are very material to anſwer ſuch Circumſtances as are brought againſt him; he does not underſtand the Law, my Lord, nor has had no time to have any Council to inform himſelf.

You muſt tell him this, That which he is charged with is matter of Fact, that none can inſtruct him in but himſelf, Council can do him no good in ſuch a caſe as this.

My Lord, our Witneſſes are all ready, and the Counſel inſtructed, and wait here to go on.

Look you, pray will you tell him, When the Tryal is once begun, the Jury can neither eat nor drink till they have given their Verdict; that is the Law, and we can't change the Law, therefore we cannot allow him the time he deſires. He knows what he is Accuſed of, and has known it a good while, and has had time to recollect himſelf, and prepare himſelf.

My Lord, he ſays, the Jury are not yet together, nor charged with him, and therefore till the Jury are charged, he thinks he may have time, if your Lordſhip pleaſe to allow it.

Look you, you muſt tell him, that he is to underſtand, that here is but one Indictment againſt the Principals and himſelf, and we cannot Try this by piece-meals; we cannot Try the Principals now, and my Lord Coningſmark another time.

If it muſt be ſo, he ſays, he muſt throw himſelf upon your Lordſhip; he hopes he ſhall have nothing but what is juſt and fair, and he hopes your Lordſhip will be of Counſel to him, as the Faſhion of this Countrey is; if any thing ariſes of Matter of Law, he deſires he may have the Advantage of it: And if he can't have a day or two, he ſays, the Innocency of his Caſe will protect him. Count Coningſmark knowing how Innocent he is, won't ſtick for a day or two, but he will be ready to be Tryed as your Lordſhip ſhall think fit; he has Innocence on his ſide, and that will protect him.

Let my Lord know, that we will be careful in Examining all things that concern him.

He ſays, he does not fear it, my Lord, having to do with ſuch Honourable Perſons, nor doubt it at all.

Then Swear a Jury. But look you, my Lord Coningſmark, conſider this, As the Gentlemen of the Jury come to be Sworn, if you do diſlike any of them, you may except againſt them.

My Lord, he ſays, being altogether a Stranger here in England, and not knowing any of the Perſons, he begs the favour of the Bench, that he may have the Names of thoſe that are Returned of the Jury, and a little time to conſider of it.

That we cannot do: All we can do for you is, we will take as much care as we can, that you may have indifferent Perſons, and Perſons of Quality.

Pray tell him, the Law gives him the Priviledge of a peremptory Challenge.

He ſays, my Lord, he does not know who they are, but they may be Perſons that are touched, and may have ſomething of evil Will or Spleen againſt him. His Father ſerved againſt the King of Denmark, and againſt the Poles and the Papiſts, and his Father was a Proteſtant, and ſerved the Proteſtant Cauſe.

What Countrey-men are they, Mr. Sheriff?

They are French and Dutch moſt of them, I do not believe there is ever a Dane amongſt them.

We will call all French-men, if he had rather have them than Dutch.

He would very gladly have them all High Dutch; if not, that he may have ſome.

I thought he had excepted againſt the Dutch.

No, againſt the Danes, for his Father in the Wars burnt their Towns.

Examine them as they come to the Book. If there be any of the Roman Catholick Religion, and don't let any ſuch be Sworn.

There is none ſuch amongſt them, I dare ſay.

Sir Nat. Johnſon, tell my Lord, he ſhall have no Roman Catholicks at all.

He thanks your Lordſhip. He deſires he may have the Pannel to look upon, and he hopes that is an eaſie Favour.

Let him have the Pannel, if it will do him any good. He is a Stranger, ſatisfie him in what we can.

My Lord, he thanks you for this favor.

Sir Nath. Johnſon, tell the Count, They call firſt an Engliſh-man, then a Foreigner, and they ſhall be brought to view.

Pray have you told the other perſons, that their time to challenge is before the Jury is ſworn.

The Polander ſays he can challenge none, becauſe he knows none.

What ſay the reſt.

They ſay they know no body, and can except againſt no body.

Call Sir Will. Roberts.

My Lord Coningſmark, there is the Fore-man.

He has nothing to ſay againſt him.

Then hold him a Book, and Swear him.

Call Mr. Downing.

He ſays he is no Foreigner.

Then he muſt not be ſworn.

Moſes Charas.

He has nothing to ſay againſt him. But he himſelf ſays, he does not ſpeak Engliſh, but he deſires to ſpeak French.

Then tell him in French, he muſt lay his Hand on the Book and be ſworn, and hearken to his Oath.

We challenge him for the King.

For what Cauſe?

My Lord, we take it that we need not ſhew any Cauſe, unleſs there be any want of the Number in the Panel.

Then we muſt do him right, and tell him what Advantage the Law gives him. Tell my Lord, you that underſtand Engliſh, that this Gentleman is challenged for the King, and if the King ſhew any good cauſe for it, he muſt not be ſworn, elſe he muſt. And the way for him to cauſe the King's Councel to ſhew their Cauſe, (if he deſire it) is to challenge all the reſt.

We wave our Challenge; for the reaſon why we challenged him was, becauſe he did not underſtand Engliſh, which will be no reaſon at all.

Then he was Sworn.

Sir Henry Ingoldsby.

He challenges him, my Lord.

Sir William Gulſton.

He excepts againſt him, my Lord.

Does he challenge him in reſpect of what I ſaid to him about the Outlandiſh Gentlemen, that the King is to ſhew cauſe? Or how does he challenge him?

My Lord, he ſays, he hears he is a Friend to Mr. Thynne.

Well, let him be paſſed by then.

Sir John Muſters.

[Who did not appear.

He ſays, my Lord, he only deſires indifferent perſons.

Henry Herbert, Eſq

He challenges him.

Richard Paget, Eſq

He deſires to ſee him.

Let him be brought into the middle, that he may look upon the Priſoners.

He has nothing to ſay againſt him.

James Bucgone.

He excepts againſt him.

Claudius Derolee.

He excepts againſt ſlim too.

Charles Beelow.

Ralph Bucknall, Eſq

He challenges him.

Thomas Earsby, Eſq

He challenges him too.

Look you, Sir Nath. Johnſon, pray tell him he can challenge but Twenty.

He ſays very well; he will not do any more. He deſires the favour, that thoſe that he challenges may not come near thoſe that are ſworn.

Well, it ſhall be ſo; we will take care of it.

Richard Gowre, Eſq

He excepts againſt him.

George Hocknall, Eſq

He challenges him.

Peter Vandenhagen.

He ſays nothing to him.

Walter Moyle, Eſq

He does not challenge him.

Chriſtopher Ripkey.

He does not challenge him.

Thomas Henſlow, Eſq

He does not except againſt him.

Lewis Doncarr.

He challenges him.

Peter Lecane.

[He did not appear.

David Collivaux.

He challenges him, becauſe he knew Mr. Thynne, they ſay.

Andrew Lodderley.

He challenges him.

James Burk.

He challenges him!

Daniel Griggion.

He does not challenge him.

Robert Jordan, Eſq

He challenges him.

Lucy Knightley, Eſq

He challenges him.

John Haynes, Eſq

He does not except againſt him.

Lewis le Count.

He challenges him.

John Belliew.

He challenges him.

James Frontein.

We challenge him for the King.

John Maſſey.

He challenges him.

Andrew Primo •• .

He challenges him.

Nicholas Beufoy.

He challenges him. He ſays they are all Walloons, and therefore he challenges them.

Becauſe they have always ſerved againſt the Swedes.

John Lebarr.

He does not except againſt him.

Cryer, count theſe, &c. Sir Will. Roberts, Bar. Jur' Walter Moyle, Eſq Moſes Charas, Gent. Chr. Ripkey, Gent. Richard Pagett, Eſq Tho. Henſlow, Eſq Charles Beelow, Gent. Dan. Griggion, Gent. Geo. Hocknall, Eſq Joh. Haynes, Eſq And Pet. Vandenhagen, Gent. Joh. Lebarr, Gent.

Then Proclamation for Information and Proſecution was made: And a Chair was ſet for the Count, at his Requeſt.

GEntlemen, Look upon the Priſoners, you that are Sworn, and hearken to their Cauſe; they ſtand Indicted prout in the Indictment, mutatis mutandis—againſt the Peace of our Sovereign Lord the King, his Crown and Dignity. Upon this Indictment they have been Arraigned, and thereunto have ſeverally pleaded, Not Guilty: And for their Tryal, have put themſelves upon God and their Country; which Country you are. Your Charge is to inquire, whether they or any of them are Guilty of the Offences whereof they ſtand Indicted, or not Guilty. And if you find them or any of them Guilty, you are to find what Goods or Chattels, Lands or Tenements they had at the time of the Felony and Murder committed, or at any time ſince. If you find them or any of them Guilty, you are to inquire, whether they or any of them fled for it; If you find that they or any of them fled for it, you are to inquire of their Goods and Chattels, as if you had found them Guilty; if you find them or any of them not Guilty, nor that they did fly for it, you are to ſay ſo, and no more, and hear your Evidence. But if you acquit any one of the Principals—

That is a miſtake, it muſt be all the Principals.

If you acquit the Principals, you are not to inquire of Charles John Coningſmark as acceſſory before.

May it pleaſe your Lordſhip, and you Gentlemen that are ſworn of this Jury, George Borosky, alias Boratri, Chriſtopher Vratz, and John Sterne, the Priſoners at the Bar, ſtand here Indicted; for that they not having the fear of God before their Eyes, but being moved and ſeduced by the Inſtigation of the Devil, the 12th day of February, in the 34th Year of the Reign of this King, feloniouſly and voluntarily, and of their malice aforethought, did make an Aſſault upon Thomas Thynne, Eſq at the Pariſh of St. Martins in the Fields, in this County; and that he the ſaid George Borosky, having in his hands a Blunderbuſs, which he knew to be Charged with Four leaden Bullets, did Diſcharge it at Mr. Thynne, and gave him Four mortal Wounds, of which Wounds he languiſhed till the 13th day of February, and then dyed: And that they the ſaid Chriſtopher Vratz and John Sterne were there preſent, aiding, aſſiſting and abetting him to commit the ſaid Felony and Murder; And ſo that they the ſaid George Borosky, Chriſtopher Vratz, and John Sterne, did of their malice aforethought, in manner aforeſaid, Murder the ſaid Thomas Thynne. And Charles John Coningſmark, the other Priſoner at the Bar, ſtands Indicted, for that he before the Felony and Murder aforeſaid, ſo done and committed, to wit, the 12th day of February aforeſaid, did of his malice aforethought, move, incite, counſel, perſwade and procure the ſaid Borosky, Vratz, and Sterne, to do that Murder, againſt the Peace of the King, his Crown and Dignity. To this Indictment they have ſeverally pleaded Not Guilty, and you are to inquire, whether they are Guilty, as they are charged, or no.

My Lord, I ſhall not trouble you with repeating of our Evidence, but we will begin and call our Witneſſes, directly to prove the Murder done by theſe Gentlemen; we will prove the Fact downright upon them, and then we ſhall afterwards come to the Count.

My Lord, firſt we will direct our Evidence to the Principals, and then to the Acceſſory. Call William Cole and William Ellers.

Swear ſome perſons to Interpret the Evidence that ſhall be given: I do it for the ſake of the Aliens that are of the Jury; for ſome of them underſtand no Engliſh, and they will not know what to make of the Evidence, if they do not repeat it to them in their own Language.

My Lord deſires that the Doctor and the Taylor that are in Priſon may be ſent for, to be here, for they are Witneſſes for him.

We deſire they may be here too, for they are Witneſſes for the King, and I believe they are here, my Lord.

Mr. Vandore does not ſpeak French.

Mr. Craven ſpeaks Dutch and French very well.

The Count deſires the favor of Pen and Ink.

Let the Count have Pen and Ink.

Call William Cole and William Ellers.

Who appeared, and were ſworn.

Which is William Cole? ſet him up. Acquaint my Lord and the Jury how Mr. Thynne was Aſſaulted, and the manner of it.

My Lord, my Maſter was coming up St. James-ſtreet, from the Counteſs of Northumberlands.

Name your Maſter.

Who was your Maſter?

Mr. Thynne. And I had a Flambeau in my hand, and was going before the Coach, and coming along, at the lower end of St. Albons-ſtreet, I heard the Blunderbuſs go off; ſo upon that I turned my Face back, and ſaw a great ſmoke, and heard my Maſter cry out he was Murdered: and I ſee three Horſemen riding away on the right ſide of the Coach, and I purſued after them, and cryed out Murder; I ran to the upper end of the Hay-Market, till I was quite ſpent, and was able to go no further, and turning back again, my Maſter was got into the Houſe, and I underſtood he was wounded: that is all I know.

You ſay you heard a Blunderbuſs go off, and turning back, you ſaw three Men riding away from the Coach.

Yes.

Look upon the Priſoners at the Bar: Can you ſay all them, or any of them were the men?

No I cannot; I did not ſee their Faces, but I ſaw the Horſe of one of them was a little Bay Horſe.

But do you take any of them Men to be one of the three?

I did not ſee any of their Faces.

What time of Night was it?

A quarter after Eight.

Pray what day of the Week?

Sunday.

The 11th. or 12th. of February.

Then, where is William Ellers? Pray do you tell the Court and the Jury how Mr. Thynne was Wounded, and by whom, and what you know of it.

My Lord, I came with my Maſter from St. James-ſtreet from my Lady Northumberland's, and as I came at St. Albans-ſtreet, there came three Men Riding by the right ſide of the Coach, and as they Rid, one of them turned about, and bid me ſtop, you Dog, and juſt as I looked about, the fire was let into the Coach upon my Maſter, and the Men ran away as faſt as they could.

How many were there of them?

There were three.

Were thoſe Men at the Bar, or any of them the Perſons?

I cannot tell.

What were the words they ſaid when the Coach was ſtopped. Hold, hold, or ſtop, you Dog?

What Condition was your Maſter in then? Was he ſhot then?

Yes.

We will give you ſome Evidence now out of their Examinations.

You had beſt give ſome Evidence of his Wounds.

Yes, we will. Call Mr. Hobbs the Chirurgeon.

Look you, Mr. Craven, you hear what theſe Witneſſes ſay, tell it to the Gentlemen of the Jury that are Outlandiſh Men, That theſe Witneſſes ſwear, there were three Men did do this thing; the one of them ſtopped the Coach, and the other ſhot into it, but it was at that time of Night, they could not know their Faces, and they all Rid away.

My Lord, if you pleaſe, the Witneſſes may ſpeak by degrees, and between every Witneſs I will give the Jury an Account.

Well, it ſhall be ſo; but theſe ſay no more than what I tell you, That three Men did do this.

What ſays that Gentleman to you?

He ſays, he hears that three Men did do it, but he ſays, he does not hear that they knew any of them.

Had you the ſearching of Mr. Thynn's Body after it was hurt?

Yes.

How did you find him?

I was with him, Sir, that Night he was Wounded, and I found him ſhot with four Bullets which entred into his Body and tore his Guts, and wounded his Liver, and his Stomack, and his Gall, and wounded his great Guts, and his ſmall Guts, and broke one of the Ribs, and wounded the great Bone below.

What time came you to him?

About Nine or Ten of the Clock.

Did he dye of thoſe Wounds?

Yes, he did dye of thoſe Wounds.

Did you apprehend them all Mortal, or any, or which of them?

I believe there was never a Wound but it might prove Mortal.

Now tell us what day of the Week, and what day of the Month it was.

It was Sunday-Night, the 12th. of February, I think.

What did you obſerve of the Bullets, was there any thing done to them more than ordinary?

I could not ſee any thing, I have them here, my Lord.

Were they Iron or Lead?

Two of them, the little ones, may be Iron, for one of them went through a thick Bone, and yet there was no impreſſion on it.

And this that has the impreſſion, you think might be done againſt the Bones.

Yes.

Which, my Lord?

This that is left at the end here. Would this be more Mortal than another Bullet, or harder to heal?

No, but as they take up a greater ſpace in flying.

Would not the raggedneſs hinder the healing?

No, only bruiſe the fleſh, which bruiſed fleſh muſt come away before it can be healed. All Bullets wound by b • uiſing of the fleſh.

Well, theſe were the Four Bullets that were found in Mr. Thynnes Body.

I verily believe they are. Dr. Lowre had them out of my hands for a day or two, but I believe them to be the ſame.

Was there any lodged in the Stomach?

Yes, one of the little ones.

Had they broke the great bone?

Yes, the great bone in the bottom of the Belly.

Two of them?

A great one and a little one; two of them paſſed through that Bone, and lodged in the back-bone.

Was any of them gone through the body?

One of them lay between the Ribbs and the Skin.

None were got quite through then?

None.

Call the Coroner, Mr. White.

Tell the Jury, Mr. Craven, what this Witneſs has ſaid.

What ſays that Gentleman?

He ſays, 'tis very well, he underſtands part of it.

Do the reſt of them underſtand it?

He told it in French to the others.

Let Mr. Hobbs have the Bullets again when the Jury have ſeen them.

Now we will ask the Coroner a Queſtion or two. Pray will you acquaint my Lord, what you know of this Murder of Mr. Thynne.

On the Thirteenth of February, in the Afternoon, I ſat upon the Body of Thomas Thynne Eſquire, and I found he had four Holes on his right ſide, behind his ſhort Ribbs, and they ſeemed to be like holes made with Bullets. And I gave order to open the Body.

And there the Bullets were found?

There the Chirurgeon found them.

Were you by?

I was at the taking of them out.

'Tis fit that the Polander ſhould have one to Interpret what is ſaid againſt him.

Captain Vratz, you hear what is ſaid, and underſtand it.

He ſays he does underſtand it.

Pray tell the Polander what is ſaid. That is, the two firſt Witneſſes ſay, Three perſons aſſaulted the Coach, and one ſhot into the Coach, and by that means Mr. Thynne was killed, by the ſhot out of the Blunderbuſs; and the Chirurgeon does ſay, that theſe four Bullets were found in his Body.

He ſays, my Lord, he cannot tell how many Bullets were in, he did not charge it himſelf, but he fired it, he ſays.

He confeſſes he fired then.

My Lord, the Jury deſire to know if the Pole can tell who did charge it.

Ask him who Charged it.

He can tell, my Lord, he ſays.

It will not be very material that, for his Evidence can charge no body but himſelf.

My Lord, he ſays the Blunderbuſs was given him by the Captain.

Mr. Bridgman, were you by at the taking of the Examination of theſe perſons?

Yes, I was And theſe were the Examinations were taken.

Were you by all the while?

Sir John Reresby and I did take theſe Examinations. And I will read then if you pleaſe.

As to that, let it alone, if you pleaſe. Mr. Bridgman, when the Polander was Examined concerning this Murder, what did he ſay?

He owned, to the beſt of my remembrance; but I refer to the Examination if I miſtake.

Look upon it to refreſh your memory, Sir, and then tell us.

Look firſt what the Polander ſaid, and then we will go on to the others.

Now, Sir, will you pleaſe to acquaint my Lord, and the Jury, what he or any of them confeſſed of the Fact.

What the Polander confeſſed firſt.

The Polander upon his Examination before Sir John Reresby and me, did own that he came into England at the deſire of Count Conningſmark.

Speak only as to himſelf; for it is Evidence only againſt himſelf.

My Lord, his Confeſſion is intire, and we can't ſeparate it.

But we muſt direct what is juſt and fitting. His Evidence can charge no body but himſelf; and that is the reaſon I would not have his Examination read, for it cannot be read but only againſt himſelf.

Upon his Examination he confeſſed, that he was preſent when the Captain ſtopped the Coach; that he fired the Muſquetoon by the Captains order; and that before he did it, the Captain bid him as ſoon as ever he ſtopped the Coach, to fire.

Did he confeſs he did fire?

Yes, he did.

As he does now.

Look you, now you do tell the Polander, that the Evidence againſt him is, That he did fire this Muſquetoon, or Blunderbuſs, or what you will call it?

He does confeſs it.

Tell him what I ſay, that this Evidence is given againſt him, That he did formerly acknowledge he diſcharged the Blunderbuſs into the Coach, when Captain Vratz ſtopped the Coach.

Yes, my Lord, he ſays 'tis true, he fired according to his order.

Pray, Sir, conſider what was confeſſed by the Captain.

He confeſſed he had a deſign to fight with Mr. Thynne, & Mr. Thynne having ſeveral times refuſed to fight with him, he reſolved to oblige him to fight by force, and therefore he had taken theſe perſons along with him; that if he ſhould fail in his Revenge, or after the thing done he ſhould be purſued, he might make his eſcape. He confeſſed he was there, and ſtopped the Coach, but the Polonian fired by miſtake; for he did not bid him to fire, but only in caſe he ſhould be hindred from fighting, or making his Eſcape.

He confeſſed he came to fight Mr. Thynne.

Yes, he did ſo.

And that he ſtopped the Coach?

Yes.

You ſaid after the thing was done; what was that thing?

After he had fought, in caſe he ſhould be ſtopped in his Eſcape, he bid the Polander fire.

Did he confeſs any thing of the delivery of the Gun to him?

Now Captain Vratz, you hear what is ſaid againſt you by this Gentleman; that you owned you came thither with a deſign to fight Mr. Thynne, and force him to fight if he ſhould not be willing; and you brought theſe men with you to carry you off, in caſe you ſhould kill him; that you did ſtop the Coach, and you ſaid you did not give him order to fire, unleſs he refuſed to fight you.

No, unleſs he could not make his Eſcape.

Now what ſay you to this?

He deſires to underſtand it.

Why then ſpeak it to him, you that are the Interpreter.

Now ſpeak aloud and tell us what he ſays.

He ſays 'tis very true, that he was there, and had that Gentleman and the Polander along with him as his ſervants, Mr. Thynne being a Gentleman that had always a great many Servants about him. And he ſays, my Lord, that he had received an Affront from Mr. Thynne; upon that, he challenged him, and ſent Letters out of Holland to deſire him to give ſatisfaction by fighting, but could have no ſatisfaction; and therefore becauſe in England Duels were forbid, he thought to make a Rancounter of it, and took theſe Gentlemen along with him, that if ſo be Mr. Thynnes ſervants ſhould aſſault him, or knock him on the head, or hinder him from eſcaping, that they might get him off.

I beg one favour of you, Sir, that you would ask him one queſtion, and that is, What the Affront was that Mr. Thynne gave him?

That he apprehends he gave him?

My Lord, he ſays, That at Richmond he heard he ſpoke and gave out very ill language of Count Conningſmark, who was his Friend, and a man he had many Obligations to, and ſo of himſelf to, and he would never acquaint Count Conningſmark with it, but would have ſatisfaction, and take the Quarrel upon himſelf, being a Gentleman; he ſays, that he heard that he called him Hector, and gav • ſuch ill language as was never to be ſuffered.

And the faſhion in Germany is, if they won't fight, to ſhoot them.

How can you tell that, Sir? the Interpreter that asked the queſtion ſays no ſuch thing.

Pray will you ask him this, Whether ever he ſaw Mr. Thynne, and how many times.

He ſays, he has ſeen him ſeveral times in the Play-houſe, and riding in his Coach; he did not ſee him at Richmond, for if he had, he would not have put it up ſo long.

I believe he never ſpoke to him in his life.

Ask him that queſtion, whether he ever ſpoke to him?

He ſays he had no Friend to ſend to Mr. Thynne, and he could not ſpeak with Mr. Thynne himſelf; for Mr. Thynne might think that he was not a Gentleman good enough to fight with him.

Ask him this, about what time he ſaw him at the Play-houſe?

He ſays he does not remember exactly the time when he did ſee him at the Play-houſe.

Ask him whether this Affront that he pretends, was given him ſince he laſt came over, or when he was in England before?

He ſays 'tis eight Months agoe ſince he received the Affront.

That was before he went out of England.

Yes, it was before.

He ſays he writ to Mr. Thynne out of Holland; we deſire to know by whom he ſent his Challenge.

Ask him if he ſent a Challenge to Mr. Thynne, and by whom.

He ſays he could ſend no leſs than a Gentleman; and he had never a Gentleman to ſend by, and ſo he ſent his Letter by the Poſt.

Let me have the Examination, and I will look upon it and tell you.

Pray do, Sir, tell us what he ſaid.

Upon his Examination he confeſſed, that the Captain told him, he had a Quarrel with a Gentleman, and that if he would aſſiſt him in it, he would make his Fortune. And that the Captain gave him money to buy the Blunderbuſs.

Sterne did confeſs that, did he?

Yes.

Did he confeſs he was at the Fact?

Yes, he confeſſed he was at the Fact; and he ſaid, when he came beyond Charing-croſs, he was about ten yards before, and he heard the Captain ſay, Stop to the Coach, upon which he turned about, and preſently ſaw the ſhot made, and he ſaw the other perſons: ride away, and he made away after them: and the Captain further told him that he would give two or three, or four hundred Crowns, to find a man that would kill Mr. Thynne.

What did he ſpeak about Stabbing, or about an Italian?

He ſaid that the Captain deſired him to get an Italian that would Stab a man, and that he would get two Ponyards for that purpoſe; and that it was before the Polonian came over.

This is no Evidence againſt the Captain; but pray will you tell Sterne the Lieutenant, what it is that Mr. Bridgman does teſtifie againſt him; that he acknowledged thus and thus before him. And pray ſpeak it again, Mr. Bridgman.

The Captain told that Gentleman, that he had a Quarrel with a Gentleman, with whom he was reſolved to fight; that he wanted a good Servant, and if he would aſſiſt him, he would make his Fortune; that he gave him money to buy the Muſquetoon, and owned he was there; that he went out with the Captain and Polander on Horſeback, about five or ſix a clock on Sunday; that they went toward Charing-croſs, and when they were gone beyond Charing-croſs into the Palmall, he heard the Captain ſay to the Coachman Stop; and turning immediately, he ſee the ſhot go off; and that they riding away, he followed them: and that before the Polander came over, the Captain deſired him to get an Italian to ſtab a man.

My Lord, he denies that he ſpoke any thing of Four hundred pound, or about the Italian.

Tell him it is teſtified, that he confeſſed he was at the Shooting of this Gentleman.

He ſays he was there, and being about ten yards off, he heard one ſay, Hold to the Coach, but he cannot ſay it was the Captain.

But was he there?

Yes, he ſays he was.

Who cauſed him to be there?

Ask him upon what occaſion he was there?

He ſays the Captain intreated him to be there to be his Second, to fight with a Gentleman, and that was the reaſon.

Pray tell him 'tis teſtified here, that he bought the Muſquetoon, and charged it.

He ſays he did aſſiſt at the loading of it he was by.

Pray, my Lord, let us know who it was aſſiſting him?

Why, that is no Evidence againſt any body.

But, my Lord, it was delivered to the Polander charged, and we deſire to know who loaded it.

That is no Evidence; but yet the Queſtion may be asked, and the Jury may be told 'tis no Evidence.

But we muſt not let the Jury be poſſeſſed by that which is not Evidence.

The Captain was by, he ſays, and the Captain and he did it together.

Now we will ask Sir John Reresby the ſame Queſtions, you were by Sir, at the Examinations of theſe three men, pray what did the Polander ſay upon his Examination?

My Lord, I cannot charge my Memory with the particulars; but if your Lordſhip pleaſes, I will read it.

No, refreſh your memory with it, and then tell us the ſubſtance of it.

In general, he did confeſs to me, that he was the perſon that did diſcharge the Blunderbus into Mr. Thynn's Coach, and that he was commanded ſo to do by Captain Ʋratz.

That is the ſubſtance of all.

That is as to him, but what did Captain Ʋratz ſay?

He ſaid, that he did go out with an intention to fight with Mr. Thynne, and did take theſe perſons with him; that he did not order the Polander to diſcharge, but he miſtook him when he bid the Coach-man ſtand, the other apprehended he bid him ſhoot, and he did ſo.

What ſaid Sterne?

Stern did ſay this, that the Captain told him he had a quarrel with an Engliſh Gentleman, and deſired him to go along with him and aſſiſt him in it, and be his ſecond; but ſaid he, I was chiefly carried out to keep off the people, in caſe there ſhould be a croud about them when they were fighting; this is the chief part of what they did confeſs.

We would not trouble you with more than is material. Did he acknowledge he was there at the time when he was ſhot?

Yes, he did about nine or ten yards off, I think.

All three confeſſed they were there?

Yes, they did ſo.

They had a deſign of killing, which was unlawful.

They ſaid, they came on purpoſe to fight.

Call Michael Fenderoſton: My Lord, we would willingly ſpare your time, and offer only what is proper in this Caſe, and now we ſhall produce our Evidence againſt the Count, and if any thing fall out in that Evidence that touches theſe three men (which we think will be but the killing of dead men) your Lordſhip will take notice of it. Now we ſhall not go to open the heads of our Evidence againſt the Count, Sir-Francis Withins has given an account of the general, and our Witneſſes will beſt declare it.

We will begin with Frederick Hanſon. (Who was ſwora and ſtood up.)

How long have you known Count Conningſmark?

A matter of four years.

Pray do you remember his laſt coming into England?

Yes my Lord, I do remember it.

Then let us know the time.

I think 'tis above a moneth ſince.

Where was his Lodging firſt?

The firſt time I ſaw him was in the Poſt-houſe.

Did he come privately or publickly?

Privately to my beſt knowledge.

Which was his firſt Lodging?

In the Hay-market.

Where there?

At the corner houſe.

How long did he continue there?

A matter of a week.

Pray in all that time did he keep privately at home, or did he go abroad ſometimes?

I believe he kept his Chamber all the time.

Were you with him at any time there?

What Company did uſe to be with him to your knowledge?

To my knowledge, I have ſeen Dr. Frederick in his Company.

One Dr. Frederick, you ſay, who elſe?

When I came from Whitehall on a Sunday in the evening, when my Lord was going to bed, I called, if I could be admitted to ſee him, ſo I went in to him, and a little after the Doctor came.

Pray Sir at that time that he was in that Lodging, did he wear his own hair, or was he in a diſguiſe?

That Sunday night he was in his night-Cap and night-Gown, ready to go to bed.

When you firſt came to him to the Poſt-houſe, did you go of your own accord, or were you ſent for?

Count Conningſmark ſent for me.

Was it ſent in his own name, or the name of another?

It was in a ſtrange name, Carlo Cusk.

Have you the Note by you?

No.

In whoſe Character was it writ?

In the Counts own Character.

What was his name in his firſt Lodging? What title was he called by, Captain, or what?

I know of no other name but only the ſtranger.

Was it known to any perſon in the Family?

No.

When did he remove from thence?

I know not.

You ſay the firſt place of his Lodging was in the Hay-market, where did you ſee him the ſecond time?

At a corner Houſe, I know not the name of the Street.

Did he direct you to come to him?

Had you any diſcourſe with him, what his buſineſs was here in England?

I asked him, if we ſhould have his company here ſome time; he told me, he was come over about ſome buſineſs, and was afterwards to go into France.

Then he never told you what that buſineſs was?

No.

Where was his ſecond Lodging, do you ſay?

It was at a corner houſe, not above two ſtreets off from the former.

How long did he continue in his ſecond Lodging?

A few days, becauſe the Chimney did ſo ſmoak, that he could have no fire made in it.

Then I ask, you in his ſecond Lodging, was he there publickly or privately?

He was there after the fame manner that he was in his firſt Lodging.

Whither went he afterwards?

To St. Martins Lane, I think it is called.

How long did he continue there?

There I ſaw him the laſt time before he went away.

When was that?

It was the Sunday evening after I came from Whitehall.

Was it near the time of killing Mr. Thynne?

It was about two or three hours afterwards.

Was he as private there, as he was in his other Lodgings?

Yes.

What Company came to him thither?

The ſame that came to him in the other.

The Doctor was in his Company.

And who elſe?

I ſaw one Captain Ʋratz there.

Sir, I ask you upon your Oath, you are a man of underſtanding, did you frequently ſee Captain Ʋratz in his Company? How often do you remember you ſaw him at his Lodging?

I do not remember that I ſaw Captain Ʋratz at that Lodging above one ſingle time.

Pray Sir thus; Did Captain Ʋratz come with the Count into England this laſt time?

To my beſt remembrance he did.

You ſay Captain Ʋratz came with the Count to England.

I believe he was before the Count, but not long before; I can't exactly tell.

How long before the Count?

Truly I can't tell, but I believe not long.

What makes you think he came into England with him?

Becauſe I ſaw him in Company with the Count, as ſoon as I ſaw the Count.

Were they in Company at the Poſt-houſe?

Yes.

And you ſaw him once at his firſt Lodging?

Yes.

Pray Sir have you carried any Meſſage from the Count to the Swediſh Reſident?

My Lord, I can ſay this upon my Oath, to my beſt remembrance, Count Conningſmark never charged me, or gave me any poſitive Order to go to the Swediſh Envoy, but he did name the Swediſh Envoy to me, as if he were willing to know his advice; and ſo I being obliged to pay my Reſpects to the Swediſh Envoy, who had treated the young Count and my ſelf very civilly before; and ſo paying my Reſpects to the ſaid Envoy, I did remember the Converſation I had with the Count, and ſpoke with the ſaid Envoy about this buſineſs, and that is all that I can ſay.

What was that Meſſage?

I ſay there was no direct meſſage: But I ſay this was the buſineſs; Count Conningsmark told me in private familiar diſcourſe, that he had heard that Eſquire Thynne had ſpoken ſome abuſive languag ••• him, and he would fain know what the conſequence of this would be, if he ſhould call him to account about this buſineſs; and he named the Swediſh Envoy to me: And I ſaw his deſire was to know his Opinion about the buſineſſes, what the conſequence of it would be. So I ſpoke to the Swediſh Envoy, and he gave me this anſwer, That if the Count ſhould any way meddle with Eſquire Thynne, he would have but bad living in England; but what the Law would ſay in that particular Caſe he could not anſwer, but he would enquire, and afterwards would give me an account, but I never ſpake with him after.

I ask you, becauſe you have been formerly examined in another place about this matter. Do you remember any thing that ever you heard the Count ſpeaking of fighting with Mr. Thynne?

Count Conningsmark ſpoke to me in the German Language; I ſpoke to the Swediſh Agent in French; and when I was before the King and Council I ſpoke in Engliſh; therefore I deſire no evil conſtruction may be made of it. I cannot remember the Count ſpake of killing or duelling. On the contrary I can ſwear for Count Conningsmark this, that I am confident he never told me that he had reſolved or would fight with Mr. Thynne, or would call him to account, but if he ſhould call him to accompt, what would be the conſequence of it.

Call him to accompt about what?

The Count in familiar diſcourſe with me did tell me, that he had heard Eſquire Thynne had ſpoken abuſively of him.

He reflected upon his Perſon and upon his Horſe.

Was there any thing in that Meſſage about marrying my Lady Ogle?

That was the laſt part of the queſtion, That if he ſhould meddle with Eſquire Thynne, what the conſequence might be, if the Laws of England would be contrary to him in the hopes or pretenſions he might have to my Lady Ogle.

You mince your words mightily; pray remember your ſelf; did he ſpeak of killing Mr. Thynne, or that Mr. Thynne ſhould be deſtroyed?

No, his Phraſe was; if he ſhould have an advantage of him, when he ſhould meddle with him, or call him to an account, what the Conſequence might be; I can ſay this upon my Conſcience.

Sir, you are in a place where you are Sworn to ſpeak the Truth, the whole Truth, and nothing but the Truth; what Relation have you to Count Conningsmark's Family?

I have no Relation to the Family at all.

Are not you Governour to the young Count?

The Counteſs has given me her younger Son, for me to be his Companion in his Travels.

Sir, I ask you a plain Queſtion, let it lye at your own door, if you won't tell the Truth; had you any Converſation with Count Conningsmark, wherein he did deſire you to ask advice of the Swediſh Envoy or Reſident here, about duelling Mr. Thynne, or in caſe he ſhould kill Mr. Thynne, or upon any ſuch account?

My Lord, I ſay this was ſpoken in ſeveral Languages, by the Count in Dutch, by my ſelf to the Envoy in French; and I do know I Swore before the King and Counſel, but I cannot lay this to Count Conningsmark's Charge, for then I muſt forſwear my ſelf.

Sir, you can anſwer me all my Queſtions in Engliſh, if you pleaſe, what the Diſcourſe was.

Pray Sir thus, what was the Diſcourſe as near as you can remember it, between Count Conningsmark and you, relating to Mr. Thynne?

Tell the whole Sir, for you are bound to tell the whole indifferently.

And pray remember what you Swore in another Place.

The Count ſent to me a Note, that he had a mind to ſpeak with me, and he entertained me with a familiar Diſcourſe about his Travelling, and about the ſetling of his buſineſs, and the •• upon he fell upon other Diſcourſe about Mr. Thynne; and not to miſtake, having h ••• me in my own Chamber, I have put it down in writing, to ſatisfie my Lord and all this Honourable Court, what I can ſay about this Matter.

Read it to your ſelf if you will, and tell us the Subſtance.

If my words may not turn to the prejudice of my Lord Count Conningsmark, but this is the ſubſtance of the thing; my Lord Count Conningsmark did tell me in familiar Diſcourſe, that Eſquire Thynne had ſpoken ſome reflecting Words upon him; he did deſire to know if he did call him to account, whether in this caſe the Laws of England might not go contrary to his Deſign in his Pretenſions, that he might have upon my Lady Ogle. And in that familiar Diſcourſe, he ſeemed to think that Monfieur Lienburgh could give him advice. In a little while afterwards, I was paying my reſpects to the Envoy, and reflecting upon the Counts Converſation, I ſpoke to him about this buſineſs, and his anſwer was this; he told me, that if he ſhould meddle with Mr. Thynne, he would have no good living in England: But as to the particular Queſtion, what the Conſequence of the Law might be, he did not know, but inquire and tell me, but I never asked him any Queſtion about it afterwards. And if my Converſation with this Count, or with Monſieur Lienburgh, ſhould turn to the Count's prejudice, I ſhould be anſwerable for it to God and my own Conſcience, all the dayes of my Life. I deſire Mr. Thynne's blood might be revenged, but I deſire alſo, that innocent Blood may be ſpared.

Only to recollect your Memory.

Now you have read it over, that there is under your own hand, do you now again deliver the ſubſtance of your diſcourſe you had with Count Conningſmark as you will ſtand by it.

I ſee that there are expreſſions in this Paper.

Speak not what is in that Paper, but what diſcourſe (as near as you can) you had with Count Conningſmark.

My Diſcourſe with Count Conningſmark was this; in a familiar Diſcourſe amongſt other things, he ſpoke, that he heard Eſq Thynne had affronted him, I don't know upon what Subject, but I believe it was words reflecting upon him and his Horſe; he did not tell me that he deſired me to go, nor did he give me any poſitive charge to go to the Swediſh Envoy, but by the diſcourſe I had with him, I did underſtand that he was deſirous to have his advice, I thought his inclinations were, that I ſhould go and ask his advice; I did not go on purpoſe to do the Meſſage, nor did I receive any order that can be called a Meſſage in my Life, to my remembrance; but when I came to pay my reſpects in a familiar Diſcourſe, I did propoſe this to the Envoy; what might be the Conſequence, if the Count ſhould call Mr. Thynne to account; and he told me the ſame Anſwer that I have already told you. Now this I deſire only to conſider, that it was ſpoken in divers Languages; and if a man ſhould write down my Expreſſions now, as they came from me, they would upon reading perhaps, appear not ſo well; ſo if theſe Expreſſions of mine ſhould turn to Count Conningsmark's prejudice, as that I ſhould Swear that this Phraſe of killing or duelling was uſed, or that ever Count Conningsmark told me that he reſolved to call, or that he would call him to an account, I might do him wrong perhaps, but if he ſhould call him to account, what might be the Conſequence of it.

I would not intangle you, but only I would ſeek after the Truth. I do not ask you poſitively, whether he did bid you go to ask advice of the Swediſh Envoy, that he did reſolve ſo and ſo; but did he diſcourſe it thus, if he ſhould Duel him or Fight him.?

As I am before God Almighty, I cannot ſay I heard ſuch Expreſſions.

Pray Sir, you confeſs you acquainted the Envoy with it?

Yes.

Did you bring the Envoy's Anſwer to the Gent. or no?

If I ſhould be upon the Goſpel, I am ſure I cannot exactly tell, what was the Expreſſion.

What was it that you diſcerned he doubted, if he did call Mr. Thynne to account?

He ſpoke in relation to a Marriage, pray what was it?

What did that if relate to?

If he ſhould ask him ſatisfaction about it, having heard that he had ſpoken abuſive words of him?

What then was to follow?

If he ſhould call him to account, then how the Laws of England might do in this Point?

To whom?

To the Count.

What ſhould befall him?

Whether the Law ſhould be contrary to him in the Deſign and Propoſals h • might have, concerning the Young Counteſs of Ogle.

Well, I ſee you will give no reaſonable anſwer to that; but now, when came the Polander over into England?

I cannot ſay poſitively I can tell when he came.

But when did you ſee him firſt?

Upon the Friday he came and asked me for the Count at Monſieur Fauberts Academy. Now the young Count Conningsmark's Chamber and mine joyns together, next to one another, and there came a man with him, I do not know his name, but if I ſee the man I know him.

You ſay the Polander came over on Friday?

He came to me on Friday.

And he came to you to the French Academy, to enquire for Count Conningsmark?

Yes, he did ſo.

Had he any Letters?

Yes, he had two Letters.

From whom and to whom?

I asked him if he had any Letter for Count Conningsmark, and he ſaid no; but he told me he had two Letters, and the one was to the Count's Secretary, and the other was to the Count's Steward in London. So I gave him back his Letters, and asked him whence he came; he told me, he was juſt come into England. I asked him, whether he had been a great while at Sea, and he told me, yes; and that it was Stormy, and he had like to have been caſt away; ſaid I, I hear you are expected therefore; have you paid your Lodging; no, ſaid he; then ſaid I, go and pay your Lodging, and come to me in the Morning early.

You ſay you heard he was expected, pray who expected him?

The Count; for he had ſpoken formerly twice of the Polander, and in the great Storm thought he had been drowned. To the beſt of my remembrance, I have heard the Count ſpeak twice of this Polander.

Of this man?

I ſuppoſe it is the ſame.

You ſay you ſaw him on Friday?

Yes, I did.

When did he ſpeak of the ſtormy Weather? And that he was afraid the Polander might miſcarry?

About twelve or thirteen dayes before.

Now ſay as hear as you can what the Count ſaid.

He ſaid the Polander was a mighty able man, and underſtood horſes, and the Count had a mind to buy Engliſh Horſes, and intended to have had this Polander as a Groom to dreſs them after the German way, and no man was abler than the Polander to do it; and when he ſpoke of it, I went once to the Change, and inquired whether the Ship was loſt.

By whoſe Directions did you go to inquire whether the Ship were loſt?

I had no Direction, but only Count Conningsmark's ſpeaking about it.

He ſeemed to be concerned at it, did he?

Yes, he was afraid that the Polander would be drowned.

You ſay you directed him to clear his Quarters?

Yes, I did ſo.

Did you ſee him again the next day?

Yes, he came the next day.

Was he the next day in Company with the Count or no?

I brought him to the Count.

Where?

It was a little before Noon; becauſe I went the back way, and I left him at the Counts Lodging.

Did you leave him with the Count?

Yes, I did.

Pray, as long as you were there, what paſſed between the Count and the Polander?

I remember very well what paſſed between the Count and him, for I have thought of it. He ſpoke to him, and called him thou, as to his Servant, and asked him, where he had been all the while, and he anſwered he had been at Sea, toſſed up and down.

I went to the Counts Lodgings, and being deſired by him to ſtay, I deſired he would excuſe me, for I could not ſtay, becauſe I was to go about another Buſineſs; he told me the Fellow was all naked, and he had no man to ſend to buy him a Riding-Coat; I told him I would very willingly and heartily do it. And after I had dined, I went to an Houſe near the Hay-market, and bought a Riding-Coat, and brought the Riding-Coat to the Counts Lodgings. I delivered it to the Count. Then the Count told me his Man had never a Sword, and I asked him how much his Lordſhip would pleaſe to beſtow on a Sword, he told me a matter of 10s. or thereabouts; I told him I did not know where I ſhould get ſuch a Sword, nor how to ſend for it, becauſe I was to meet his Brother, but I withal ſaid, it is no matter for that, I will take care you ſhall have it; this Evening I went into St. Martins-Lane, but could not find ever a Sword worth a Groat. Then I went as far as Charing-Croſs to a Cutler whom I knew, ſo I told him, Sir, ſaid I, I have a Commiſſion to beſtow 10 s. on a Sword for a Servant, therefore ſaid I, I leave it to your diſcretion, uſe my Friend well, and uſe your ſelf favourably too. I asked him when I ſhould have the Sword, he told me in the Evening; I told him I would call for it when I came from the Play, where I was to be with the Counts Brother. When I came back with the young Count Conningſmark from the Play I called for the Sword, but he told me it was not ready. I ſeemed to be a little angry, and told him that it was ſtrange, a Gentleman could not get a little Sword got ready for him in an whole Afternoon. Well, Sir, ſaid he, pray do not be impatient, I will ſend you the Sword, and afterwards he ſent it to the Academy, and I afterwards ſent the Sword to Count Conningſmarks Lodgings.

Pray had you this Direction for the Sword, after you had brought the Polander to the Count, or before?

Count Conningſmark did never give me any direction or charge to buy a Sword for him, but I did offer my Service if he pleaſed, becauſe he ſaid, he had no body to ſend.

Sir, You do not know the Queſtion, or you won't apprehend it; pray when had you this direction from the Count to buy this Sword?

On Saturday in the afternoon.

When was it you brought the Polander to the Count?

In the morning.

Pray let me ask you another Queſtion, when was it you firſt heard Mr. Thynne was kill'd?

I heard it I believe about eight a Clock in the evening on Sunday.

Yes, I had.

Pray tell what that Diſcourſe was?

I was at Whitehall till ten of the Clock, and then I went to the Count; but I deſire this may not be taken as an extraordinary Viſit, becauſe I uſed to go to him on the Sundays in the Evenings, and thoſe 3 ſundays before he was taken, I uſed to come to him in the Evening, after I had been at Whitehall. When I came into his Lodgings, I found him in his Night-cap, and Night-gown; he asked me what News, I told him I could tell him great News, and that was of the killing of Eſq Thynne, who was Shot in his Coach; The Embaſſador of Savoy had told me all that he had heard about it, and I told it him. After I had ſpoken of this Buſineſs, he asked me where his Brother was; I told him, his Brother was at the Duke of Richmonds. And after ſome Diſcourſe I went away.

When you told him of the Murder of Mr. Thynne, did he make no Anſwer, nor ſay any thing about it?

He did not make me any Anſwer, by which I could conclude that Count Conningſmark was any way concerned in the Buſineſs.

Pray Sir, I ask you upon your Oath, the Count is a man of great Quality himſelf; When you told him of ſuch an horrid Murder, what, did he ſay nothing about it?

He asked me ſeveral Queſtions, what the People did ſay, but I would not make any miſtake.

Tell all he ſaid Sir about it?

I told him the greateſt News I heard was, the killing of Mr. Thynne; and I told him who brought the News, and I told him the Court was heartily angry at it, that ſuch an Accident ſhould happen, and I ſaid it was an Italian trick, not uſed in England.

What ſaid he then?

Pray do you remember what he ſaid?

What I have Anſwered now. He made me ſuch Queſtions upon this ſtory as I have told you.

Let him explain himſelf, pray as near as you can, relate what Diſcourſe you had with Count Conningſmark, that Sunday night after you came to him and told him of the Murder.

What did he ſay to you?

I will tell you my Lord; the Count was ſurprized as every man would be to hear of ſo ſad an Accident, and ſo the Count asked me what the People ſaid, ſo I told him what I heard at Whitehall, I cannot call to my memory all the Particulars; but I ſaid the King was heartily ſorry, and all the Court for ſo ſad an Accident, and I muſt wrong my ſelf or Count Conningſmark, if I ſhould undertake to relate exactly what paſſed, for I cannot remember it.

Yes, I did ſo.

What did he reply to that?

Not a word.

Did he mention any thing of Fortifications to you then?

Yes, he gave me a Plain, or a Draught of a Fortification done with his own Hand, and that was all the diſcourſe.

So then he diverted the diſcourſe to the buſineſs of Fortification.

The Evidence is heard, what it is that he ended all the diſcourſe with, ſhewing him a Paper of Fortifications.

But this he does ſay, He asked him what the people did ſay of it?

For my Life I dare not ſay I remember any more than I have told.

Look you, Sir, now, will you in French deliver this, for the benefit of thoſe Jury-men that don't underſtand Engliſh.

We pray, my Lord, our Interpreter may do it.

When a Man can ſpeak both Languages, he needs no Interpreter, he is his own beſt Interpreter.

My Lord, I will tell you why I ask it; there is a great deal of difference, I find, where you examine a man with the Hair, and where you examine him againſt the Hair: where you find it difficult to make a man anſwer, you will pump him with Queſtions, and croſs interrogate him to ſift out the Truth; now if you leave this Man to the interpretation of what he hath ſaid himſelf, he will make a fine Story of it, and we ſhall be never the wiſer.

You may examine him in French if you will.

And I underſtand none but Pedlers French.

The truth of it is, what your Lordſhip ſays, cannot be oppoſed regularly; but I do appeal to your Lordſhip, and all the Judges, and all the Court, whether this man does anſwer like an ingenuous man; you ſee he ſhifts.

I do not ſee it, nor do I believe any ſee he ſhifts in any thing you ask of him; either he tells you what the Queſtion is, or the reaſon of it; how far that is a Reaſon, is left to the Jury to conſider.

Certainly it can do no hurt to have an Interpreter.

North. My Lord, if there be two ways to take, 'tis beſt to take that which will give ſatisfaction to all Perſons, let him be asked by the Interpreter, what Queſtions the Counſel would have anſwered, and then let him to tell his Anſwer in French.

If that be liked better, let it be ſo. Mr. Craven, can you tell the ſubſtance of the Evidence that this Gentlemen hath given?

No, I cannot, his Evidence has been ſo long, and ſo many croſs Queſtions have been asked.

I would ſpare your time—

But this is the way to ſpend our time.

I know your Lordſhip does not value time in ſuch a caſe as this is, but you would have the Truth found out.

You muſt repeat, firſt, the diſcourſe you had with Count Conningsmark.

My Lord, we will reduce it to two or three Queſtions. Mr. Craven, will you pleaſe to ask him what diſcourſe he had with Count Conningsmark.

He ſays, the diſcourſe he had with Count Conningsmark about the Polander, was, that he came over as a Groom to ſerve him to look after his Horſes; that he had occaſion for ſeveral Engliſh Horſes, and Engliſh Servants to look after them as Grooms; and among the reſt of his Grooms, he intended the Polander ſhould be one, to dreſs his Horſes after the German way.

So far he goes as to that, That the Polander came over to ſerve the Count.

Look you, Sir, does not he tell you, the Count had a purpoſe to buy Horſes here.

He ſays, there was a diſcourſe about Bills of Exchange of 7000 Piſtols to buy Horſes.

My Lord, he ſays, that the diſcourſe with Count Conningsmark, concerning the Swediſh Agent, was, That in caſe he ſhould ask Satisfaction of Mr. Thynne, for the Affronts that he had given him, not underſtanding the Cuſtoms of the Nation, if he ſhould call him to account, what prejudice it might be to him; for he did not hear, he ſays, that Count Conningsmark deſigned any thing, or reſolved upon killing him, or any thing of that nature; but whether if he ſhould call him to account, what the Laws of England might be.

Call John Wright.

My Lord, the Count deſires to know if he may be permitted to make his Defence againſt theſe Witneſſes.

No, he is not to make his Defence now. But pray tell him if my Lord have a deſire to ask any Queſtions of this witneſs, he may ask what he pleaſes.

North. Let the Queſtion be put to the Interpreter, that we may know what the Queſtion is before the Witneſs gives an Anſwer.

He askes him if he has not ſeen him oftner in his Lodging undreſſed than dreſſed? And whether he was not to take Phyſick from his Phyſician.

I do not remember that in all the time, I ſaw Count Conningsmark, I ſaw him dreſſed four times in his Coat, I cannot ſay I remember three times in all. The firſt time when he came he was in a Campaign Coat; but all the time he was in his Lodging, as I remember, he was in his Night-Gown and Cap. As to the other part of his Queſtion, whether I heard that he took Phyſick? I ſay this, When I ſaw Count Conningsmark firſt at his Lodging; when I came to him, on the Sunday Evening, I was told the Count was in Bed: It was late, but I ventured to go into his Room, and ſat a quarter of an hour there; and afterwards the Doctor came in, Dr. Frederick, I ſaw him oftentimes at his Lodging; and at the ſame time the young Count was ſick of an Ague: and when he came one Evening to ſee the young Count, I asked him what was the Diſtemper the Count had? the Doctor anſwered me, that he had not told any Body that the Count was ſick, or what he was ſick of, but he hoped in God in a ſhort time he would be recovered.

He askes him if he gave him any poſitive order, that he ſhould go of any Meſſage to the Swediſh Envoy.

This I have anſwered before, and I ſay now, If this diſcourſe that I had with the Swediſh Envoy, turn to the Lord Count Conningsmark's prejudice, it would grate upon my Conſcience all my life: Count Conningsmark never gave me any poſiſitive Order to carry any Meſſage; but I did gather, by his diſcourſe, that the Count might be deſirous to know the Envoy's Opinion about this Queſtion; and therefore I thought the Count deſiring it, I would do it to pleaſe him, rather than by Order. But I do not know that ever the Count had a mind to give me ſuch an Order, but I did it voluntarily.

In plain Engliſh, Did he ever direct you to go to the Swediſh Envoy?

No, my Lord, he never did direct me.

How came you to chuſe a Forreigner to know what the Laws of England are?

I thought it would pleaſe the Count to know his Opinion.

But how came you to chuſe a Forreigner, I ask?

He has been 19 Years here in England, and ſure he ſhould know.

My Lord, he asks him, if ever he told him that he had a deſign to fight Mr. Thynne, or do him any Prejudice, or ſend him a Challenge?

My Lord, I am upon my Oath, and this I ſay, I ſpeake it before God and the Court, Count Conningsmark did never tell me that he had any mind, or did reſolve to call Eſq Thynne any ways to account.

Call John Wright. (who ſtood up, and was Sworn.)

We ſhall ask him but a Queſtion or two, my Lord.

Pray tell me the time when this Polander came into England, that man at the Bar.

He came the 10th day of this Month.

Pray what Ship did he come in? where did you firſt meet with him?

Here in Town.

Where was it?

At the Croſs-Keys in Throgmorton-ſtreet.

He asked me where Count Conningsmark's Lodgings were? I told him, I thought he was at Oxford, I meant the young Gentleman, for I did not know the other was in Town; but I went and enquired, and they told me, it was at Faubert's Academy.

Whither went you with the Polander then?

I went to my Lord's Lodgings.

What Lord?

The young Count's Lodgings.

Well, and what then?

And I came to Mr. Hanſon, and he did deliver a Letter to Mr. Hanſon, and I ſtayed there about half an hour, or there-abouts.

When was this?

Upon Friday, the 10th day of this month.

How long was Mr. Hanſon and the Polander together?

About half an hour.

What ſaid Hanſon to him in your preſence?

Mr. Hanſon ſaid nothing.

Was there any thing ſaid about going back, and paying his Lodging, and coming back?

Mr. Hanſon came down to me, and told me, he was glad to ſee me, and bid me take the Polander back with me, and bring him to him to morrow betimes, for he muſt diſpatch him about his Buſineſs.

Then he ſaid nothing to the Polander?

No, but to me.

Well, what did you do the next morning?

I came to him the next morning to this Polander, and he took his things with him, which was a Sea-bed that he had, and a Gun with a Wheel-lock, and ſome other things.

And whither did you bring him?

I brought him to the upper end of the Hay-market, Monſieur Faubert's School.

To what place did you come in the morning, ſay you?

Sir, if it pleaſe you, I brought him within a Door or two of Mr. Faubert's the Horſe-maſter, that teaches to ride the great Horſe; for he did deſire that we might go to an Houſe hard by, becauſe he would not carry his carriage to my Lord, he had a Sea-bed, a Portmantle, a Gun, and other things; and ſo I brought him to an Houſe, and there I called for a Pot of Ale; and he put down his things and went out, I thought he had gone to make water, but within a little while after returns again, and Mr. Hanſon comes in with him; he asked me why I did not come ſooner? I told him, I had ſome other Buſineſs, I was with ſome French Merchants to look upon ſome Goods. So he bid the Pole pay me for my trouble, and take up his things, and go along with him; and he did do ſo, and I never ſaw the Pole afterwards.

You that are the Interpreters, repeat what he bath ſaid to the Jury. (which was done.)

We have done with this man, the uſe we make of him, is to follow this Polander, and we ſhall bring him to the Count by and by. Call Dr. Frederick Harder. (who was ſworn.)

The Doctor underſtands Engliſh, don't he?

Yes, we are told he does.

How long have you known the Count that ſtands there at the Bar?

I have known him a good while; it may be this four or five Years; I have known him four or five Years.

How long have you known Captain Vratz?

About a Year and a half, or two Years.

Was my Lord and Capt. Vratz acquainted then?

Yes.

Was he in employment under my Lord? was he in the Counts Service?

He was with the Count, but whether he was his Companion, I cannot tell.

Did he live with the Count?

Yes.

Did Capt. Vratz, when the Count came laſt over into England, come over with him.

Do you know it or not?

Capt. Vratz came to me, and told me, my Lord deſired to ſpeak with me, and I went with him to my Lord.

Was that the firſt Meſſage you received from the Count?

Yes, it was.

How long was that ago?

The ſame day the Morocco Embaſſador did exerciſe in Hide-Park.

How long is that ago?

About a month ago.

What, was that his firſt Lodging after he came laſt into England?

It was in the Hay-market.

Was it a corner Houſe, as the other Witneſs ſaith, or not?

Yes, it was.

Was the Count a private Lodger there?

He lay in his Bed when I came to him; he came as a Traveller privately.

Did he go by his own Name, or another Name?

No Body did queſtion him about his Name, but when I did come to him, I did diſcourſe him about his Body.

Pray Sir, thus; you went often to viſit him, pray did you enquire for him by his own Name, or any other Name?

He deſired that he might be private, becauſe he was to take ſome Medicines, and he would not have it known.

Now Sir, I would ask you, did you obſerve him to be in any Diſguiſe? Did he wear a Perriwig, or how?

He had a Perriwig.

Was it a fair Perriwig, or what colour?

It was brown or black.

Sir, was he in a diſguiſe, or no?

He had his own Clothes, but he had a Perriwig.

Pray what Name did he go by, his right Name, or any particular Name?

In the firſt beginning I gave him no Name, but ſaid he to me, If any Body ask you about me, I would not be known; for if they know that I lie privately thus, they will think I ail ſome ill Diſtemper, therefore I would have you call me by the Name of Carlo Cuski.

Were you with him, pray Sir, upon the Sunday Morning that Mr. Thynne was murdered?

I cannot certainly tell, but I was with him in the afternoon.

Pray call your ſelf to mind, Sir.

I cannot certainly tell.

What time were you with him in the Evening?

At nine a Clock at night, or thereabouts.

Did you receive any Letter from Capt. Vratz at any time?

I did, upon Saturday morning, the Saturday before Mr. Thynne was murdered.

Have you that Letter about you?

No.

What was in the Letter?

He deſired me to go to the Count, who had a deſire to ſpeak with me. I came there and had ſome ſpeech with him about his Indiſpoſition; I told him he had better ſtay till next day before he took Phyſick, becauſe it was cold Weather. And after that went with the Polander to my Lodging, and the Captains man came in, and then ſaid, here is a man that will direct you to Capt. Vratz Lodging; which I did not know.

Look you, Sir, you ſay you went to the Count, Did you ſhew the Count that Letter from Capt. Vrats, or no?

The Count ſaw it.

Then hear a little, When was it you ſhew'd the Letter to the Count? Was it Saturday or Sunday?

It was Saturday.

Yes, he was.

Was there any diſcourſe about him then?

I had never ſeen him in my life.

But was there any with the Count?

No, not at all.

Then, upon your Oath I ask you once more, Was the Polander ever in Company with you and my Lord at any time?

No.

Upon the Sunday, upon your Oath?

No.

Nor the Saturday evening?

No, I have not ſeen him ſince that morning when the Captains man took him along with him to his Maſter.

Pray how came the Polander into your company on Saturday morning?

I had him from my Lords that morning.

Then my Lord and the Polander were together?

No, they were not together.

Was the Polander in my Lord's Lodgings?

Yes, the Polander was below ſtairs.

And did you take him from the Lodging?

Yes, I did.

How long did he continue with you?

Not at all, I went home with him.

Had you no diſcourſe with him?

No, none at all.

Where did you part with him?

I brought him to my Houſe; and when he came in a Doors, the Captain's man being there, I told him there was a man would ſhew him the Captains Lodgings; and he took him away along with him.

You ſay, the Captains Man had the Polander from you; pray name that man.

I cannot tell his Name.

Was his name Berg?

I believe it was.

You ſay you delivered a Letter from Capt. Vratz on Saturday morning to the Count?

Yes.

Did the Count read the Letter, and tell you the Contents of it?

No, it was not ſealed.

Did not you know the Contents of it then?

No.

Pray, when you delivered the Letter from Capt. Vratz to the Count, what did the Count ſay to you?

The Letter was not written to the Count, but it was writ to me.

What was the reaſon that you ſhewed it to him then?

I received a Letter from Capt. Vratz, that the Count deſired to ſpeak with me; and afterwards I was deſired to direct this Man, the Polander, to Captain Vratz; and ſo I directed him to Capt. Vratz, and nothing more I know.

Well, Sir, one thing more and I have done with you, for you will not, I ſee, give a reaſonable Anſwer; pray, when the Polander came along with you from the Counts, did you obſerve he had any thing about him?

He had a great Campaign Coat.

Did he ſeem to have any thing under it?

He had a Portmantle under it, I think, or ſome ſuch thing.

My Lord, the Count deſires to ask him ſome Queſtions.

Let him ask what Queſtions he will.

My Lord, he asks him whether he does not remember, when he firſt came to Town, he had not his Body full of Spots?

He ſays, If my Lord pleaſes, he will ſhew it openly.

No, there is no need of that Goctor. Did you give him Phyſick for that?

Yes, for that I did adminiſter Phyſick to him.

He ſays, my Lord, he over-heated himſelf in riding to Tangier, thinking to do the King and the Nation Service, and the Heat broke out in ſpots over his Breſt.

The Doctor knows nothing of that.

He asks, Whether the Doctor was not deſired by him to cure him; whether he did not tell him he would cure him of thoſe Spots?

He deſired me to adminiſter Phyſick unto him?

He ſays, he went to Strasburgh, and when he came back, he was in the ſame condition he was in before; and he asks whether the Doctor did not undertake to cure him?

Yes, I did adminiſter Phyſick unto him; and this my own man can teſtify and be witneſs of; becauſe my Lord bid me take care that he might be private, for he would not have it known that he did take Phyſick; but I told my man, ſaid I, 'tis my Lord Conningsmark, and therefore pray take care of him, and ſee that the Phyſick be made very well up.

You ſeem to intimate, as if he lay private to take Phyſick, pray let me ask you this Queſtion, Did you give him Phyſick all this time?

Not always purging Phyſick, but ſome ſort of Phyſick all the time?

What every night and morning?

Yes, every day.

The Count deſires to ask him where he was that unhappy day this Buſineſs was done?

I found him that day ill, lying down upon the Bed, I asked him how his Phyſick had worked; he told me he was afraid he had got ſome cold; and indeed I found him very much diſordered, and I went home and fetched him ſome Phyſick to take that night.

By the Oath you have taken, was there any other occaſion, or had you any other diſcourſe with him, when you came on the Sunday night, but concerning his Phyſick?

My Lord, I will tell you the Truth; I never heard the Count ſpeak any word in my life, that he had any concern, or deſign of any quarrel at all, nor any diſcourſe, but about the adminiſtration of his Phyſick.

Let me ask you this Queſtion, for they deſire it here, What was the occaſion? And whether you know the occaſion why my Lord altered his Lodgings ſo often?

The firſt occaſion was this, Becauſe it was in the Hay-market; and his Man ſaid it would be quickly known if he did continue there; ſo he would take another Lodging, which was in Buperts-ſtreet, and there he lodged three days; but the Chimney did ſo ſmoke, that my Lord could not ſtay, becauſe he could have no Fire in his Chamber, and the weather was very cold, for it did Snow, and therefore I told my Lord, it was not ſo proper for taking of Phyſick: Thereupon he deſired me to take him another Lodging in Queen-ſtreet, which I did look about for, but it was not ready, ſo he had a Lodging taken for him in St. Martins-lane, where he lodged till he went away.

Pray, Sir, the Phyſick that you gave the Count, did it require his keeping within doors? might not he walk abroad with it, upon your Oath?

It did require him to keep in.

Pray then, how comes it to paſs that the Count ſo ſuddenly could go by Water to Graveſend?

I do not know what was done afterwards.

I would ask you one Queſtion, and I would fain have you give me a fair anſwer to it, What became of the Letter that Capt. Vratz writ to you, and you ſhewed it to the Count.

It remained there upon the Table.

Did not you keep your own Letter?

It was not of any Concern.

If the Letter were written to you, it is not ſo long ſince, but you can tell us the Contents of it; pray what were the Contents?

Can you remember what were the Contents?

He deſired me to go to Count Conningsmark, who would ſpeak with me; and that I would give his man an Anſwer when I came from him.

Nothing, but the Count diſcourſed to me about his own Body and Indiſpoſition.

But Capt. Vratz was no Phyſician; why ſhould he ſend you a Letter to talk about Phyſick?

It was nothing but my Lord would ſpeak with me.

We need not trouble our ſelves with this Fellow, he confeſſes he found the Polander in the Count's Houſe.

Pray, Sir, let me ask you, Who was with the Count on Sunday night?

Mr. Hanſon was there, I think.

Who elſe?

The Captain came in, and went out again.

What time of night was it that Vratz came in to the Count?

It was at the ſame time that I was with him.

That he ſwears to be about nine a Clock; Was it after Mr. Thynne was killed?

We had not heard it.

Sir, was it nine of the Clock?

Yes, it was.

You ſay you found the Polanderat the Count's Lodgings?

Yes, upon Saturday morning.

Then he came along with you from the Count's Lodgings?

Yes, to my Houſe.

And you parted with him there?

Yes, the Captains man took him away with him.

That was Berg, wa'nt it?

Yes.

He deſires the Jury ſhould know what the Doctor ſaid about his Sickneſs.

Let it be repeated to them.

He deſires to know whether he may not ſpeak it in French himſelf.

No, the Interpreter muſt do it; (which was done.) My Lord, would you ask any more Queſtions of the Doctor?

No more Queſtions but them I have asked.

Call Thomas Howgood. (who was ſworn.)

Pray, did you ſell any Sword to the Count?

I ſold a Sword to the Governor, a broad Horſeman's Sword.

When was this?

On Saturday was fortnight.

What time was it that he beſpoke it?

He beſpoke it half an hour after ſix at night.

What did he ſay to you when he bought it?

He ſaid he would call for it about eight a Clock at night, when he came from the Play.

What kind of Sword was it?

An Horſeman's Sword, as broad as two fingers, ſuch as the Gentlemen of the Guards wear.

When he came for the Sword, what ſaid he?

He was angry it was not done, and I told him that I would ſend it to him quickly.

Where was it ſent.

To the Governor's Lodgings at the Academy.

Now, my Lord, we will call ſeveral Perſons that were privy to the concealing of this Gentleman, that can give you a better account, Richard Hays and Robert French.

Pray, will you tell my Lord what you know of the Count's concealing himſelf, and changing his Habit.

I never ſaw him, my Lord, before I came here in Court, but it ſeems he did lodg in my Houſe three or four days.

How long is it ſince?

Between three weeks and a month ago, juſt ten days before the Murder.

What Name did he go by then?

I did not know his Name.

You ſay, Sir, you ſaw him not, what company did come to him?

I did not ſee him indeed.

Pray did Capt. Vratz come to him to your Houſe?

He lodged with him all the time.

You ſay you know Capt. Vratz was there?

Yes.

Did Dr. Harder uſe to come to him?

Yes, ſeveral times a day.

What Name did he enquire for him by?

The Doctor took the Lodging, and it was for a ſtranger, I heard no Name at all.

My Lord deſires to know, whether you did not ſuſpect he took Phyſick in the Houſe?

I ſuppoſe the Doctor did give you an account of that, I don't know that he did.

Did not your Maid know of any ſuch thing?

My Maid is here, ſhe will give you an account.

Call Ann Prince; (who was ſworn) Pray do you acquaint my Lord what you know of Count Conningsmark; whether ever you ſaw him at your Maſters Houſe in the Hay market?

Yes, he lodged there.

When?

He came thither laſt Friday was a month.

How long did he ſtay there?

Till VVedneſday.

At that time, who uſed to frequent his Company?

I know no Body but the Doctor that uſed to come to him.

What Name did he go by?

No Name at all as I know of; they did not ask for him by any Name.

Did the Captain uſe to come to him?

Her Maſter ſays he did lie there.

Yes, he uſed to lodg there.

Did the Captain give him any Phyſick?

No, but the Doctor did.

He only asks a merry Quſtion.

But we are now upon the Life and Death of a man, pray let us have thoſe Queſtions asked that are ſerious, not ſuch light things as are permitted in ordinary Caſes.

Now, my Lord, we will call Francis VVatts.

Maid, my Lord asks, whether he did not take a Vomit in your Houſe?

Not that I know of.

How old is the Child?

Fifteen Years old laſt Chriſtmaſs.

Ask him whether he underſtands what an Oath is?

He was ſworn before the King and Council.

If he were ſworn before the Council, he may give Evidence here ſure.

Were you at the Counts Service at any time.

Yes.

How long?

I was with him eleven days; I came to him upon the Friday.

How long was it before the Death of Mr. Thynne?

I think it was ten days before the Death of Mr. Thynne.

What was your Employment with him?

His Boy to wait upon him.

No, at my Fathers.

What was the Agreement between your Father and the Count?

Six pence a day, and my diet.

What Company did you obſerve came to the Count's Lodgings?

That Gentleman there in the black Perriwig.

Was he often with your Maſter?

Yes, every day.

How many Lodgings had he while you were with him?

Three: one in the Hay-market, and one in Rupert-ſtreet, and then the laſt in St. Martins.

Thus Child, Do you remember the time of killing Mr. Thynne?

Yes.

Were you in your Maſter's Service then?

Yes, I was.

Who was in your Maſter's Company that morning before Mr. Thynne was killed?

I came up, as I uſed to do in the morning, to my Maſter, and he aked me what was the matter with the buſtle in the Street? and I told him ſome body was taken upon ſuſpicion for killing Eſq Thynne.

That was on the Monday morning; but the Sunday morning before, what Company did you obſerve there then?

I cannot tell any thing exactly of the Sunday morning.

Was Captain Vratz there?

I can't exactly remember.

What time in the Evening was it reported Mr. Thynne was kill'd?

About eight a clock.

Can you tell who brought the firſt news?

One of my Lady Seymour's Maids, who was telling the People of it below.

Did you obſerve any body come to your Maſter's Lodgings afterwards?

Yes.

Pray who came?

That Gentleman in the black Periwigg.

Pray in what Habit was he, and how came he in?

He came in a great Coat; I can't tell whether it was Cloath or Chamblet.

And what, did he ſpeak to any Body, or go ſtrait up?

No, he ſpoke to no Body, but went ſtrait up Stairs.

Did he go up to your Maſter's Lodgings?

Yes, I believe ſo, but I ſtay'd below in the Shop.

How long did you ſtay in the Shop?

I ſtay'd there about half an Hour.

Did you leave him there?

Yes, I did.

Did he continue there all the time that you were in the Houſe?

Yes.

What time did you go away?

About three Quarters of an Hour after that Gentleman came in.

Do you remember you had any diſcourſe with the Count, about riding on Sundays.

He asked me on Sunday in the Fore-noon, whether People were ſuffered to ride about the Streets on Horſe-back on Sundays.

This was that Sunday morning, was it?

Yes: he asked if they might be ſuffered to ride about the Streets on Sunday, I told him yes, before Sermon time and after Sermon time.

About what time of the day was it that he had this diſcourſe?

About ten or eleven a Clock.

Are you ſure it was Sunday?

Yes.

Then I ask you another Queſtion; upon Sunday Morning or any other time, do you remember that the Polander was with the Count your Maſter?

Was he in the Company or Preſence of the Count?

I was above ſtairs when he came in.

What do you know of any Sword that was delivered to him?

Upon the Sunday Morning there was a Sword brought to my Maſter's Lodgings, and my Maſter's man took it of me, and carried it up ſtairs, and this man, the Polander, afterwards had it below ſtairs.

When was this Sword brought to your Maſter's houſe?

It was on the Sunday morning.

What, the Cutler brought the Sword?

No, it was ſent by a Porter from Mr. Hanſon.

What Room was it carryed into when it was brought?

I think I did not carry it up: Yes truly, now I remember, I did, and delivered it to my Maſter.

Pray what did the Count ſay to you?

I asked him if there needed an Anſwer of the Note I carryed with it, and he ſaid no.

To whom was that Sword delivered afterwards?

It was brought down, and afterwards this Polander had it.

That man there?

Yes.

You ſay that the Sword was given to the Polander: Pray ſpeak that the Jury may hear. Who brought down the Sword?

I ſaw it in the Polander's keeping when it was below, but I cannot ſay who brought it down.

Where did the Polander dine on Saturday?

He dined with my Maſter's Man and I on Saturday.

Where did he lye that Night? At whoſe Chamber?

At our Lodgings in the Garret, in my Maſter's Man's Chamber.

What day was this, do you ſay?

Saturday.

When the Polander had the Sword, do you remember any Boots that he had under his Arm.

Yes, he had Boots under his Arm.

And he had the Sword with him when he went away?

Yes.

Had he any Coat?

Yes, a new Coat.

Well, I ask you once more, what time of day was it that he went away with the Sword and the Boots?

It was in the Fore-noon.

VVhat day of the Week?

Sunday morning.

Ay, but your Doctor that you examined before, ſays, the Polander went away with him, and he was not there on Sunday Morning.

It is true, my Lord, it was too tender a point for the Doctor, he lyes under ſome Suſpicion; and 'tis proximus ardet with him.

Well call him again: Look you Doctor, you were asked before, and now you are asked again, were you at Count Coningſmark's Lodgings on the Sunday Morning?

I cannot certainly tell.

When did you ſee the Polander at the Count's Lodgings, and whether was it on Sunday morning?

On Sunday Morning I did not ſee him. The only time was when I fetched him from my Lords, I have not ſeen him before nor ſince.

Then call up the Boy again. VVhere did the Polander dine on Saturday?

He dined with me and my Maſter's Man.

VVhere?

Where lay the Polander that night?

He lay in our Garret.

When went he from your Maſter's Lodgings?

On Sunday morning.

Had he an old Coat or a new Coat upon him?

He had a new Coat.

Was the Doctor with him?

Yes, the Doctor went away with him.

I have not ſeen the Polander above once in my Life.

But were you at the Count's on Sunday morning, or no, I ask you?

I do not know whether it was Saturday or Sunday.

But when you fetched him away, was it Saturday or Sunday morning?

My Lord, I can't very well remember.

Had the Polander a Sword when you went away with him?

I cannot poſitively ſay, but (as Travellers commonly have) he might have a Sword.

Now come to your ſelf, and deal honeſtly, for you are upon your Oath; I ask you, friend, this, You ſay he might have a Sword, do you remember a pair of Boots?

No, I do not.

Do you remember the Coat he had uppermoſt?

Yes, he had ſomething under his Coat, but I don't know it was Boots.

Had he a Buff-coat under his Campaigne?

Yes.

Let me ask you one Queſtion, young man, Do you remember you ſaw any Muſquetoon in your Maſter's Lodging?

I did ſee a Gun there.

When was that?

I ſaw it upon Saturday.

The Muſquetoon or Gun that was in your Maſters Lodgings, was it that which was bought by the Polander, or no?

I can't tell that.

Was it a long Piece or a ſhort Piece?

It was not a ſhort Piece.

Did the Polander take it away with him?

No, not that I know of.

Now, young man, I would ask you as to Monday morning: About what time on Monday morning did you come to your Maſters Lodgings?

It was between 7 and 8 a clock, a little after ſeven.

What condition was he in? was he in bed, or up?

He was up.

What was he doing? was he packing up?

Not that I ſee.

It was when he asked you about the Hubbub in the ſtreet; pray tell what he ſaid to you.

He asked me what was the matter with the buſtle in the ſtreet? and I told him that ſome were taken that had killed Eſq Thynne; and I told him all the ſtory as near as I could: He asked me when Eſq Thynne was murdered? I told him the Night before, but I did not mind any thing that was done: But as I went down ſtairs, I met with a ſtranger, and he went up ſtairs, but I never ſaw my Maſter after, till he was taken.

Did he ask you what Mr. Thynne was?

Yes, and I told him I heard he was a man of a great Eſtate, and well-beloved, and that the Duke of Monmouth was in the Coach but a little before, and if he had not gone out, he had been kill'd too.

VVhat ſaid the Count to you, when you told him Mr. Thynne was well-beloved?

He ſaid nothing.

I know the Man if I ſee him again.

Do you know his Name?

No, I do not know his Name.

Were any of your Maſter's Goods carried away then?

Yes.

What Goods were carried away then?

Two Portmanteaus.

Who carried them away?

My Father carried them away.

What time was it?

Between 8 and 9 of the Clock.

It was time to be gone. How parted you and your Maſter?

The Stranger did come in, and I never ſaw my Maſter afterwards.

What, did your Maſter take no Leave, nor ſay any thing to you?

No.

What kind of Periwigg had he when he went away?

He had a black Periwigg.

What Cloaths.

A light coloured Suit, with gold Buttons.

Will the Count ask the Boy any Queſtions?

Did you ſee the Gun in the Room after the Polander was gone?

Yes.

'Tis very plain, that this Gun was none of the Gun that did this Miſchief, but the Gun the Polander brought over from beyond Sea.

Call the Boy's Father, Thomas Watts (who was ſworn) How long have you known the Count?

I do not know him but as I have ſeen him.

Were you employed to carry any thing for him?

Two or three times I was.

VVhen were you laſt employed by him?

The Morrow after the Murder was committed.

What Time in the morning was it?

It was between 8 and 9 of the Clock in the morning.

What was it you did for him?

I carried a Portmanteau, and a Portmanteau Trunck, and ſome other things.

Where were you directed to deliver theſe?

His Man told me they were to go to Windſor.

Well, tell the whole Story.

He bid me carry them to Charing Croſs, that they might be put into the Coach there. But when he came to Charing Croſs, a Coach-man and he had ſome Words, and he bid him open his Boot, and then he took the things from me, and put them into the Coach.

Who was it that told you they were to go to Windſor?

It was his Man.

I would ask you, Sir, when was the firſt time you knew the Count?

It was ten or eleven days before.

What was the occaſion that brought you acquainted with him?

I was Dr. Frederick's Porter, and he ſent me to carry ſome things to the Count.

Was it your Son that waited upon him?

Yes. For when I brought the things, they ſaid they had forgot to give me a Sword which I was to carry with the things; and I ſaid, that I had a Boy that I would ſend, and I did ſo, and ſo they took a Liking to the Boy.

What was the Agreement for your Son's Service?

What was the man's name (as you remember) that gave you the things to carry to the Coach, which were ſaid to go to Windſor?

I can't tell his Name.

He that pinched and puſhed you back, and took the things from you and put them into the Coach?

Did you ſee the Count that Morning?

No, I did not ſee him.

Have you been laboured and ſought to by any body to conceal your Boy, that he ſhould not be brought at this Tryal?

No, Sir.

Had you no endeavours uſed with you about it?

No.

Did no body ſpeak of any ſuch thing to you?

No.

Did any Merchant or any body ſend to you about this Body, to take him into Service?

There was a Merchant that would have helped the Boy to a place on Saturday laſt, but the Perſons that would have procured it were about it a good while ago.

Call Derick Raynes, and Richard Chappel.

(who were Sworn and Raynes ſtood up.)

When did you ſee the Count, the Priſoner at the Bar?

On Monday in the Afternoon.

What time was it in the Afternoon?

In the Evening.

Where was it?

At my Houſe.

Where is that?

At Rotherith.

How came the Count to your Houſe?

I know not, I was not at home when he came.

Pray when you ſaw him, had he his own Hair or a Perriwig, or how was he habited?

He had black Hair then.

How long did he continue at your Houſe?

From Monday till Thurſday Morning.

Was he privately there or publickly?

He walked up and down the Houſe.

What Country-man are you?

I am a Sweed.

What became of him after Thurſday?

On Thurſday Morning he took Water and went to Deptford.

What way did he go, by Boat, or how?

A Waterman carried him.

Pray what did the Count ſay to you about his coming in a diſguiſe to your Houſe?

I knew nothing at all. I came late home, and when I came to know of him what he was, then he told me that he was Count Coningsmark.

What did he ſay to you when you diſcovered that he was the Count? What did he tell you of his buſineſs?

He ſaid nothing; but that he was deſirous to go to Graves-End.

Upon your Oath, Sir, did you furniſh him with any Clothes?

Yes, I lent him a Coat.

What ſay you to a black Suit?

The black Suit did not belong to me.

What ſay you to a Velvet Cap?

I helped him to a Coat, Stockings, and Shoes.

Then I ask you, what did he declare to you?

Why, he did deſire to have thoſe Clothes.

He declared nothing to me.

When you dreſſed him, why did he put on that habit?

He thought his own Clothes were too cold to go upon the water.

Had he no Clothes before?

Yes, he had.

You had the warmer Coat, had you?

Did he deſire you to let him have your Clothes, becauſe he was in trouble?

He deſired a Coat of me, and a pair of Stockings to keep his Leggs warm, and when he had got them, his own Shoes would not come on, ſo I lent him a pair of Shoes.

I do ask you, did he declare the reaſon why he would have thoſe Cloathes, was, becauſe he would not be known?

He ſaid he was afraid of coming into trouble.

Why were you unwilling to tell this?

Aſſoon as I came to know he was the man, I told him he ſhould not ſtay in my Houſe.

Did you lend him thoſe Clothes or ſell them?

I lent him them.

Had you them again?

No, I had not.

Are you paid for them or no?

No, my Ship lyes at the Key, and I came home late in the Evening, and found him there.

Set up Richard Chappel.

When did you firſt ſee that Gentleman?

On Thurſday Morning at Ten of the Clock.

Where?

At Rotherith.

How came you to him? who brought you?

That Man.

What were you to do with him?

To carry him to Graves-End.

Do you Row in a pair of Oars, or a Sculler?

A Sculler.

Whither did you carry the Count that day?

To Deptford.

Whither the next day?

To Greenwich.

And whither then?

To Greenhithe, and then the next day to Graves-End.

Was he in the ſame Clothes all the while?

Yes, all the while.

Were you hired to wait upon him all that time?

Yes, I was to have 5 s. every 24 hours.

Was he alone?

No, this man was with him.

Did he go in the Sculler with him?

Yes, to Deptford.

Well, now we will call the Gentleman that ſeized him at the Water-ſide at Graves-End.

What did the Count call himſelf? What profeſſion did he tell you he was of?

He told me he was a Merchant.

Did he ſay he was a Jeweller upon your Oath?

Yes, he ſaid he had bought Jewels.

Where is Mr. Gibbons, and Mr. John Kid? who were Sworn and Mr. Kid ſtood up.

Mr. Kid, pray Sir, will you acquaint my Lord and the Jury, in what Condition you found the Count at Graves-End. Tell the whole ſtory, and ſpeak aloud, that all may hear you.

I had ſome Information upon Friday Night of him.

Of whom, and what?

Of the Count where he was. So I made it my Buſineſs to inquire into it. On Saturday in the Afternoon a Gentleman came to me, and gave me certain Information where he thought that Gentleman the Count was. This Gentleman coming to me ſaid, Mr. Thynne is a ſtranger to me, but ſaid he, I would not have Mr. Thynn's Blood lye at my door. This ſame perſon who is put out in the Gazette, I believe, is at a Neighbours houſe of mine. Says he, I deſire you to be private in it, becauſe it may do you a prejudice: ſo we went into a Coach at Charing-Croſs to go to a Juſtice of Peace; I did not know where Sir John Reresby lived, but inquired of Mr. Gibbon's, who told me, but he was not at home, and Mr. Bridgman was not at home; So we went to the Recorder, and there we had a Warrant, and then I came by water to Rotherith, and this ſame Raynes that was Examined, and his Wife where he lay, were gone to Greenwich to carry his Clothes, a grey Suit, and other Clothes that he had left. So going down to Greenwich we called every Boat that was upon the River aboard of us, to know whence they came. And we had taken her Siſter along with us, and ſhe called out her Siſters name Mall Raynes, and her Brothers name Derrick Raynes, and ſo at laſt we got the Boat wherein they were on board us. And we asked the man, what he had done with the Gentleman that lay at his Houſe? he declared, he was gone away he did not know whither. So I went back again to this Gentleman that gave me this firſt Information, who did go to him as a Neighbour, to know whither he was gone, and where he was to be found, and where he would Land. So he declared the particulars, That if we miſſed him that Night, we ſhould have him in the Hope upon Monday Morning, upon a Veſſel that was to be cleared on Monday Morning. So upon Sunday Night coming to Graveſ-end about 8 or 9 a Clock, or there abouts, there he landed. There were 13 or 14 Swedes at the ſame Houſe where he was to Land. So we thought it convenient to take him at his firſt landing, for fear of further danger. So I ſtay'd at the Red Lyon Back-Stayres, and he landed at the Fore-ſtayres where the Watermen were. As ſoon as he was laid hold of, I came to him, ſaid I, your Lordſhip ſhall not want for any thing that is convenient. He deſired to know, whether I knew him? I told him; Yes, and that his name was Count Coningsmarke. That is my Name, ſays he; I do not deny it. So the Maior came and the Custom-Houſe Officers Searched him? and found nothing at all of any Arms about him. He deſired he might be uſed like a Gentleman, and ſo he was, for there was no abuſe given to him, as I know of. Coming up the River, the moſt of my diſcourſe was about Martial Affairs; a Serjeant that had the Command of a File of Muſqueteers, which the Deputy-Governour ſent to guard the Count to White-Hall, a Gentleman ſitting there by me was asking me concerning Mr. Thynne's Murder; I told him, that I was at New-gate on Friday, and there I ſaw thoſe that had done that barbarous Fact. With that, my Lord asked, what Lodgings there were in New-gate. And whether the Captain had a good Lodging? I told him a very good one. He asked me, whether he confeſſed any thing? I told him he had confeſſed ſome particulars; And ſaid I, 'tis the moſt barbarous thing that ever was done. Certainly, ſays my Lord, this Mr. Thynne muſt have Correſpondence and Commerce with ſome Lady that this Captain knew, that belonged to the Court, or he would never have done it. As for the Polander, I told him, that he had confeſſed, he wept mightily. With that my Lord ſeemed very much concerned, and took up his Clothes and bit them, and ſat awhile up, but was very much diſcompoſed, and then deſired to lye down.

That was, when you told him, the Polander had confeſſed.

Yes; my Lord was mightily altered in his Countenance.

Did you at the firſt time that you ſeized him charge him with the Murder?

No, I did not.

Was he in a Black Perriwig?

Set up Mr. Gibbons. Pray will you tell what paſſed.

My Lord, Aſſoon as ever he came to ſhore, I walked by him, and gave him a little kind of a juſtle, and my reaſon was, to ſee whether he had not a black Coat under his Campaign: I walked cloſe to him juſt in this manner, as he walked along, ſo he turns about again, and went down to the Water ſide, and asked the Water-men, Watermen, Have you ſtowed your Boat? he anſwered, Yes; Then come away ſaid he; ſo ſoon as he came back again, I catched him faſt hold by the Arm, and the firſt word he ſaid to me was, What do you come to Rob me? ſaid I, my Lord, you are my Priſoner, and I told him I was the King's Meſſenger that had waited there ſeveral days for him; holding of him very hard whether, that was the occaſion of it, or the Waterman that were on the other ſide of him, he dropped down his Sword between his Leggs; but when I named his Name, he gave a little ſtart and his Perriwig dropped off of his Face. We went up the Street to the Mayor, and the People crowding about us were very rude and very rugged, and he deſired he might be well uſed. We did all we could to keep the People from him; we went up to the Mayor's Houſe, and when we came there, I deſired he might be ſearched, whether he had any Arms; He ſaid, he had none, and there was none.

When you had the Cuſtody of him, whither did you carry him?

We carried him to the Mayor's Houſe, and after we removed him from his Houſe to an Inn.

What did you do the next Day?

We ſtayed there about ſome 2 or 3 Hours. After an hour or half an hours time, near upon an hour, my Lord came to me, and asked me my Name; and he ſaid, the reaſon was, that after his Trouble was over, he would give me thanks for my Civility to him. Captain Sinkleer, who ſtood by, gave him my Name before I could, that it was Gibbons. Yes ſaid I, my Name is Gibbons, and I belong to the Duke of Monmouth: why ſays he, the Duke of Monmouth has no Command now, and therefore how could I take him by his Order? My Lord, ſaid I, I do not apprehend you by his Order; you have killed a very good Friend of mine, and had not Providence ordered it otherwiſe, you had like to have killed a more particular Friend, and a Maſter: So my Lord he ſeemed to be very ſorry at that; but ſays he, I don't think they would have done any harm to the Duke of Monmouth.

What elſe did he ſay?

I think I have told you all that is Material.

Were you in the Boat at any time, and gave him any Account of the Man's having Confeſſed; what did he ſay to it?

Sir, I was not there, nor I did not come up in the ſame Boat with him.

Did he mention any thing about a ſtain to his Blood?

I ask your pardon, he did ſo.

What did he ſay?

Says he, it is a Stain upon my Blood; but one good Action in the Wars, or one Lodging upon a Counterſcarp will waſh away all that.

What did he ſay was a Stain upon his Blood?

My Lord, If you pleaſe, I will tell you. As I ſaid, he asked me my Name, becauſe he would come to give me thanks for my Civility after his Trouble was over; the Captain being quicker than I, told him my Name: Yes, Sir ſaid I, 'tis Gibbons, and I belong to the Duke of Monmouth; ſaid he, he has no Command now, how could you come upon his Order; ſaid I, I do not come upon his Command, but you have killed a very good Friend of mine, and a Country-man, and if Providence had not ordered it otherwiſe, you had killed a more particular Friend of mine, and a Maſter, that I had ſerved many years; ſaid he, I don't think they would have done the Duke of Monmouth any Injury: after that he walked up and down a while, and then ſaid he, 'tis a ſtain upon my Blood; but one good Action in the Wars, or Lodging upon a Counterſcarp will waſh away all that. The Mayor was in the Room, and ſeveral others.

Sir, he was only asking of me how things were, what the people ſaid or ſome ſuch thing? I was not forward to tell him at firſt, but afterwards I did tell him, that the Captain had made a Confeſſion, though it was a thing I did not know then. Says he, I do not believe the Captain would confeſs any thing.

Did he ſay ſo?

Yes, he did to the beſt of my remembrance.

We have done with our evidence, my Lord.

My Lord Coningsmarke, will you ask him any thing?

No.

Then the next thing is, you heard the Evidence that is given againſt you. Now you muſt come to your defence; I will put you in mind of ſome things, my Lord, which things it will concern you to give ſome Accompt of. It is here laid to your Charge, That you were Acceſſory to this Murder of Mr. Thynne; and that you were the perſon that directed and deſigned it. And theſe Evidences there are againſt you, that you were cognizant of this, and that you were the Perſon that deſigned this: That you came here into England about a fortnight or 3 weeks before the death of Mr. Thynne, that Captain Ʋratz, who was one of them that killed him, came with you, that he lay at your Lodging, that he was conſtantly with you, that you lay Incognito there and private, would not be known what your name was, that you ſhifted Lodgings from time to time, that Borosky the Polander came over by your Order, was brought to your Lodging, was provided for there, that he had Clothes, and he had a Sword provided by your Lordſhip for him, and that there was care taken that it ſhould be an extraordinary good Sword, that you did diſcourſe to Mr. Hanſon about your calling of Mr. Thynne to account, and this much about the time, or a little before the time of his death, and what the Laws of England would be in caſe you ſhould call Mr. Thynne to account, and particularly you deſired to know what Monſieur Lienberg's Opinion might be concerning it, and eſpecially what in relation to my Lady Ogle. And that after all this, Mr. Borosky was not only Clothed by you, but was ſent by you to Ʋratz, (that the Doctor ſays) and after Ʋratz, him, that he lay in your Lodging that Night before this evil thing was done, and that after the thing was done, the ſame Night Ʋratz came to your Lodging and was with you, and had private Conference with you, that the next Morning you got up and went away, tho' you had taken Phyſick the Night before, and tho' you your ſelf nor your Doctor thought you fit to go abroad, and you go away incognito, in a Perriwig, disguiſed, you direct your Servant to carry your Clothes one way, while you go another, then you go down to the Water-ſide, and lye private near the River, at a Swedes Houſe at Rotherith, for ſeveral days together, you afterwards take great care to conceal your ſelf by changing your Clothes, and putting your ſelf into a garb not like your own, & giving out you were a Merchant or a Jeweller or ſome other Trade, that afterwards you trifled away the time and went 2 or 3 miles, and then ſtruck in upon one ſide of the River, and afterwards on the other ſide of the River ſuſpitiouſly up and down not to be known, and this not like your ſelf in any manner, but in a pitiful poor diſguiſe, and hire a ſculler to carry you, from whom you concealed your ſelf, and ſo all along you trifled away the time till you were taken at Graves-end; that afterwards when you were taken, you were inquiſitive about the Captain, whether he did confeſs; that you ſhould likewiſe ſay ſome ſuch ſuſpitious words as theſe, That you believed thoſe that killed Mr. Thynne, had no deſign againſt the Duke of Monmouth, that you believed the Captain would not confeſs, that you ſeemed to be concerned when you were told the Polander had Confeſſed, that afterwards you ſhould ſay, my Lord, this is a ſtain to my blood; but one good Action in the Wars, or a Lodging upon a Counterſcarp, will take away all this or waſh it clean. And then, which is alſo teſtified againſt you, that you ſhould ask the Boy that very Morning of the day, the murder was committed; whether they uſed in London here to permit Men to ride up and down on Horſe-back upon a Sunday? Now theſe things, my Lord, it will import you to give ſome account of.

My Lord ſays, he deſires he may Anſwer all theſe things one after another.

Let him do ſo. And firſt let him anſwer what his reaſon was to come into England in ſuch a manner Incognito at this time, and lye concealed when he had been in England before, and lived in a mighty good Equipage & Condition?

My Lord, he ſays, that hearing there was a Peace between Sweedland, and England, and Holland deſigned, and like to be confirmed ſuddenly againſt the French, he came with a deſign to ſerve England, and to raiſe a Regiment of Horſe here for the ſervice of the King of England.

If any ſuch Peace ſhould be, if any appearance of an Alliance between England, and Holland, and Sweedland, I had a deſign to propoſe if I could have a Regiment.

Why did he come unknown and in a diſguiſe?

Secondly, He ſays, my Lord, the reaſon of his coming Incognito was; becauſe he had a diſtemper upon his Arms and Breaſt, and having formerly tryed and imployed this Phyſitian, and having experience that he was an able man, he was reſolved to lye privately till he had cured himſelf, for he could not drink Wine nor keep Company having this diſtemper upon him, and he was afraid if he had kept Company it would have hindred his Cure, and he ſhould not have been ſo ſoon cured as if he kept in the houſe, and he ſays, that his Equipage could not come till after, and he would not willingly appear till he had his Equipage as a man of his quality ought to do, and theſe were the reaſons that made him keep private.

Pray ask him upon what occaſion he did change his Lodgings ſo often.

He ſays, that his firſt Lodging was changed, becauſe it was too cold for him, and he ſays, the next Lodging where he was, thoſe that were there can tell, the room where he was ſmoaked ſo cruelly, that he was not able to endure it. And he ſays, he liked the houſe ſo well, that he ſent to ſee if the Chimney could be mended, and it was not to be done, otherwiſe he had gone back to that houſe, and he has the man and his wife to bear Witneſs of it if you pleaſe.

Let him call them.

Call Joſeph Parſons and his wife (but they did not appear.)

Then ask my Lord this, To what purpoſe he did bring over this Polander here? he ought to conſider of that and give an account why he brought him hither.

He ſays this Pole was taken into his Service when he went to Tangier, when he went ſeveral 1000 of Miles to do the King Service, and he had deſigned at that time to bring him into England to dreſs his Horſes after the German way.

Had the Polander been a Groom formerly?

He ſays he thinks he had been Groom to his Uncle before.

But to what purpoſe did he bring him hither?

He ſays, there was a great diſcourſe about Strasburgh's being beſieged, he did deſign to buy ſome Horſes, for every one did Arm themſelves, and he ſays, he ſent over 1000 Piſtolls to be anſwered by the Merchants here, to buy Horſes.

Hath he any body to prove it?

There is Mr. Riſby, Mr. Hanſon, and my Brother.

My Lord, I had a Bill of Exchange.

For how much Money, my Lord!

For 1000 Piſtolls to buy Horſes, and he has bought one Horſe, and was to buy more.

Do you hear Gentlemen what he ſays? He came over to buy Horſes, and he returned 1000 Piſtolls for that purpoſe, and his Brother does atteſt there was ſuch a Sum returned by Bills of Exchange, for the Buying of Horſes.

My Lord, he ſays, he does fear that the Jury that do not underſtand Engliſh, do not underſtand his Reaſons for being in a diſguiſe.

Can't he give an account of it himſelf?

No, my Lord, his Evidence muſt be Interpreted to them by the Interpreter.

The Doctor's Evidence hath been heard already about the ſame matter.

He deſires my Lord to know this; whether he may not ſay the fame things over again to the Jury in French, there are a great many Perſons of quality that underſtand it, and they will ſee whether he ſpeak true.

But then, my Lord, I hope that your Lordſhip will tell the Jury it goes for nothing without Proof.

My Lord, I do not know whether the Gentlemen that are of your right hand, heard you or not.

We underſtand not French.

He ſays, if it had not been for the great ſtormy Weather, the Polander had been ſooner in London, for he ſent for him before. He ſays, the Letters go from Strasburgh to Hamburgh in 7 days, and that moſt commonly Ships do come from thence in 8 days, but in a great deal leſs time then the Polander came over in. And he ſays, that he writ 4 Months before to ſetch the Polander over, and he might have been long ere now if it had not been for the Weather.

Then my Lord, I would ask you ſome more Queſtions, which it concerns you to Anſwer. Upon what occaſion did you make your diſcourſe of Mr. Thynne's death to Mr. Hanſon? Had you any diſcourſe with him? and upon what occaſion?

My Lord, he ſays in common Diſcourſes, 'tis impoſſible to give an Accompt of the Diſcourſe, or remember the occaſion of it ſo long ago.

Ask him if he had any quarrel with Mr. Thynne? Or knew Mr. Thynne.

He ſays, my Lord, that he never had any quarrel with Mr. Thynne, nor to the beſt of his remembrance with theſe eyes never ſaw Mr. Thynne.

Then I ask you this, my Lord, Did you ever hear Mr. Thynne had married my Lady Ogle before you laſt came into England?

He ſays, he never heard of it till he was going to Strasburgh, and then all the whole Town did talk of it.

How long is that ago?

Half a year ago.

Then it was before his laſt coming into England.

My Lord, his diſcourſe with Mr. Hanſon, was not when he was laſt in Town, but before.

Then pray ask him this, What occaſion he had to ask the Boy upon Sunday, Whether Horſes might ride about the Town of a Sunday?

He ſays, my Lord, this is a very ſtrange thing, That he ſhould go and ask a Scullion-Boy, Whether people might ride on Sundays, when he himſelf over and over again has rid upon Sundays to Hide-Park, as many Perſons of quality do.

Has he any body to prove it?

Here is Major Ogelthorpe (who with divers other Gentlemen teſtified they had ſeen him riding diverſe times, on Sundays in Hide-Parke.)

Then that Queſtion ſignifies nothing, there could be nothing in that Queſtion.

My Lord, he deſires that I may be examined concerning this Boy, of what I heard by chance from the Boy himſelf, and I will give you an account of it upon my Faith and Reputation.

Do ſo, Sir Nathaniel, ſay what you can ſay.

My Lord, I having had the honour to ſerve a while under my Lord's Father, I was deſirous knowing the honour of the Family, and bearing a great reſpect to it, to do my Lord all the reaſonable Service I could. So hearing my Lord was taken, and in Newgate, I went to wait upon him, and coming there Mr. Richardſon told me, there was a little Boy waited at the Count's door for his Wages, as he ſaid. So I ſpake to the Boy, and asked him what does thou ſtay for? he told me for his Wages. Said I, certainly my Lord will pay you his Wages; how long have you ſerv'd him? ſaid he, a little while, and then ſaid I, if you lived with him, what do you know of this buſineſs. And then of himſelf he began and told me, Only this I know, that Vratz was in my Maſter's Chamber that night, and the Polander that Night went out with a pair of Boots under his Arm, and more then this I do not know. Said I. Boy who do you ſerve? Says he, I have no Maſter at preſent, but then of his own accord he told me, Sir Thomas Thynne had promiſed him a place, and in the mean time, I am ſays he, to go to ſerve my Lord Privy-Seal; ſo my Lord gave him Twenty Shillings for his Wages.

My Lord deſires the Boy may be asked, whether he did not go to fetch Phyſick.

Ask him, where is the Boy?

No, I do not remember it.

Now, you ſhould put the Count in mind.

We obſerve what a ſort of Interpreter Sir Nath. Johnſon is: He ſpeaks more like an Advocate than an Interpreter, he mingles Interpreter and Witneſs and Advocate together, I don't know what to make of him.

The Count had taken Phyſick that day.

My Lord, I deſire to be heard, I never ſpake to the Boy in all my Life.

Nor I. But he gave the ſame Teſtimony he gives now, before the King and Council.

Look you, Sir Thomas, it does not concern you at all to ſpeak to that, there is no reflection made upon you in it. But, my Lord Conningſmarke, it will concern you a little; to ſhew upon what occaſion Captain Ʋratz came to you that Night, that Mr. Thynne was killed.

He ſays, my Lord, he can't tell why he came there, it's a proper Queſtion to ask Captain Ʋratz himſelf.

That can't be.

He ſays, my Lord, he kept his Chamber at that time, he had taken cold upon his taking Phyſick, and the Captain came to give him a viſit, and he never reflected upon any one he came for, he was lying upon his Bed.

Pray ask my Lord this, Why this man that was ſent over to attend Horſes, ſhould come upon the Friday, and a Campaign Coat be bought him on the Saturday, and he furniſhed with a Sword on the Sunday?

My Lord, the Noiſe is great, but I ſuppoſe your Lordſhip deſires to know what was the reaſon, why he bought a Sword for him and a Coat.

Ay, and how he came by the Buff-Coat.

He ſays, he had that before.

But why muſt he have ſuch a ſtrong Basket-hilted Sword furniſhed him in a days time?

He ſays, my Lord, As to the Clothes, when he ſaw him with all his Clothes torn, he muſt of neceſſity get him a Coat, or elſe he was a ſhame to him, and his Service. And as for the Sword, it was no more (he ſays) then what Servants of his bulke and making uſed to wear.

And he ſays, all the Servants of Gentlemen in Germany, wear ſuch broad Swords.

You know it your ſelf, Sr. Nathanael Johnſon, you have travelled there.

Yes, my Lord, they do, and the Poles, much broader and greater Swords then the others. Here is one in Court, that hath a great broad Sword now by his Side.

Now, my Lord, it will import you to give ſome accompt, how, you having brought over this Polander (as you ſay) to chooſe Horſes, and help you in the management of them, to take care of them, in the nature of a Groom, how you came to part with him, to Captain Vratz aſſoon as he came over.

My Lord, he ſays, Being that he was ſick himſelf, and there was no hopes of the Alliance between England and Holland, he had no ſuch occaſion for him, as when he wrote for him, and therefore ſaw no reaſon to keep him.

How long was it, before that he wrote for him?

My Lord, after the Siege of Strasburgh, when every body thought there would have been a War, but it was not ſo; therefore I had not need of him, but he had been 7 Weeks at Sea, and my Lord, 'tis a common thing in Germany.

He ſays, 'tis common thing in their Country, to give Servants away, if there be no occaſion for them.

What! the next day that he comes over?

What ſay you Sir Nathaniel Johnſon?

Yes, my Lord, 'tis very frequent in Germany to give a Servant away if there be no uſe of him, for theſe Polanders are like ſlaves.

And, my Lord, he ſays, that Mr. Ruſſel does know, that the Merchant that ſent him over hither is a man of good Repute, and if this man had had an ill Reputation in Germany, he would not have ſent him.

My Lord, I know very well he is a man of very great Credit in Hamburgh, and of great Eſtate.

Did he ſend over this Polander?

Yes, my Lord, ſo I underſtand.

Can you ſpeak of his Credit Sir Nathaniel Johnſon?

Of the Merchant's Credit I can my Lord, I know him to be a man of conſiderable Eſtate and Credit. He is a man of ſuch a Reputation, that he would not ſend a man of an ill Reputation.

Oh Sir, Nemo repente fit turpiſſimus. He could not be ſo ill a man at the firſt daſh, he muſt be a man probable for ſuch a ſervice.

You may obſerve my Lord, how Sir Nathaniel Johnſon who is Interpreter in the Caſe is a Witneſs, and argues for the Priſoner too.

Pray Sir Nathaniel, is a Rancounter the killing a Man after this manner?

A Rancounter is another ſort of thing Sir, you don't ſpeak as if you were a Souldier.

My being a Souldier or not is nothing to the buſineſs, but the Captain, ſaid he, intended to have made a Rancounter of it.

But my Lord, we deſire to take notice of Sir Nathaniel's forwardneſs; for it may be a Preſident in other Caſes.

What do you talk of a Preſident? When did you ſee a Preſident of alike Tryal of Strangers, that could ſpeak not a word of Engliſh; but you would feign have the Court thought hard of, for doing things that are extraordinary in this Caſe.

My Lord, he deſires he may inform the Jury, what he ſent for this Polander for.

Let him.

My Lord, another thing is this, How came your Lordſhip preſently to go away in ſuch a private ſecret manner, and to direct your Cloaths to be ſent as it were to Windſor? And your ſelf to go away, and to make ſuch a private withdrawing of your ſelf down the River in this manner?

My Lord, he ſays, that one Markham that is here, came and told him that upon the killing of this Man by the Polander and the Captain who were taken in ſuch a fact, there was a diſcourſe of it that it might turn to his prejudice, and that the Common people do commonly fall upon Strangers, that his Taylor told him, that he had heard the Common people name him as concerned in it, and that he believed, if the Common people did catch him, they would tear him to pieces, and ſo his friends did Counſel him that he would withdraw himſelf.

Is the Taylor here? call him.

Call Markham the Taylor (who ſtood up.)

My Lord, he ſays that he was afraid the people might tear him to pieces, before he could come to juſtify himſelf.

Look you friend, did you come to Count Coningſmark's Lodgings after Mr. Thynne was killed on the Monday morning,

Yes.

What did you tell him?

I told him nothing, but I was ſent there by Mr. Hanſon, ſays he, tell the Count that the Duke of Monmouth and ſeveral Noble-men have been here, Now I had not ſeen the Count at that time before, but he told me where he Lodged, when I came there I told the Count of it, but he told me he knew nothing of it, but ſayd he, I am ſorry if any ſuch thing be done.

But what did you ſay his friends adviſed him to about it?

I did ſay nothing of it.

That was afterwards.

What was that afterwards?

I was told, the people ſaid, if he were taken, he would be knocked on the head.

What time afterwards was it?

After he went away.

Who told you ſo then?

Mr. Hanſon told me ſo then, I would not tell a lye for all the World.

He can tell alſo when I went away—the reſt he ſpake in Dutch.

He ſays this man can witneſs, that he asked his man, what money he had left, and he told him that he had not above 10. or 11 l. ſo he put his hand in his bag and took out ſome and put it into his pocket.

So ill was I provided for an eſcape.

Ask him that Queſtion, do you know any thing of what money he took with him?

No, I ſaw him take an handful of Silver, but what it was I can't tell.

He had 7 or 8 l. about him when he was taken.

He deſires leave to tell it to the Jury, (which he did.)

Now my Lord this will require ſome Anſwer, how came you to tell thoſe Gentlemen that took you, that you believed Mr. Uratz and the reſt would have done the Duke of Monmouth no harme?

He ſays, the people told when he was taken, that the Duke of Monmouth was in the Coach, and that they did follow the Coach a great way and would not do the Action till the Duke of Monmouth was out of the Coach.

They did tell me, the Crowd that were about me, that thoſe that were taken ſay'd they would not do it till the Duke was out.

And he ſays, that gave him ſufficient reaſon to ſay to Mr. Gibbons that he did believe, they had no deſign upon his Grace the Duke of Monmouth.

He heard it ſo commonly it ſeems. Now my Lord, there is one thing more that you ſhould explain your ſelf, in what you meant by this, when you ſaid it would be a ſtain upon your bloud, yet one Noble Act in War or the Lodging upon a Counterſcarp would waſh it off.

He ſays my Lord, that tho he knew himſelf Not Guilty of any thing, yet his being taken upon ſuſpition, and clapped up in Priſon, would be a great diſgrace to him, and would be worſe reſented in his own Country than the thing it ſelf was. It being not the Cuſtom in his Country to take Perſons of his Quality Priſoners in that manner.

Now my Lord, Is there any perſon that you would have called to ask any Queſtions of? If you have, they ſhall be called.

No my Lord, but if you pleaſe to give me leave to tell ſomething that may be neceſſary.

My Lord, he ſays, if you will give him leave, though it does not come very well from himſelf, yet he deſires to ſay ſomething for his own Reputation.

He ſhould be armed with Witneſſes to make his defence.

Tis fit for men that ſtand here to ſay any thing that is reaſonable for themſelves. My Lord, If you can ſpeak anything that you apprehend the Jury can underſtand, ſpeak to them what you pleaſe, ſo as they underſtand it, but do not be too long.

My Lord, If your Lordſhip pleaſe, he ſays he will ſpeak it firſt in French, and then in German.

Ay; but then the Engliſh man of the Jury will not underſtand a word of it; he had better ſpeak in Engliſh to the Jury.

My Lord, It is an Indifferent thing, it may be Interpreted not being matter of Fact.

My Lord, he ſays it is a great happineſs in all his trouble, that he was in a Country, where he was to appear before a Proteſtant Judicature, himſelf being a Proteſtant, and his fore-Fathers alſo. He ſays that his fore-Fathers under Guſtaphus Adolphus were ſouldiers, and did there with their Swords in their hands, and the loſs of their bloud endeavour to ſettle the Proteſtant. Religion in Germany, and protect it there; he ſays, that it has been the honour of himſelf, and his Family, that they have always been ready to venture their bloud, and their Lives for the advantage of the Proteſtant Religion, as the Examples of his Grand-father, and Father do ſhew, and there never was any thing done by his family, but what was done for the Honour of his Country, and his Religion; and he ſays, that if any of his former Actions can give any the leaſt ſuſpition of his being Guilty of this or any foul Fact, he is very willing to lay down his Life, and very willing to have it cut off imediately.

Imediately.

He ſays, that he is very ready upon all occaſions to ſerve the King of England, and that he loves the Engliſh Nation ſo well, as always to be ready to do any thing to ſerve them.

without any intereſt in the World, againſt the will of all my Relation, and I have brought my Brother into England to be brought up into the Proteſtant Religion to ſhew my Inclinations to the Religion, and the Engliſh Nation.

Have you done?

Yes, my Lord, We have done with our Evidence, and we have no matter of fact to reply unto; but we think it is our duty, conſidering the defence my Lord has made, that we ſhould take ſome care to put the Kings Evidence a little together, it being a caſe of ſuch nature, and ſo cruel and horrid a Murder.

My Lord, and you Gentlemen of the Jury, I am of Counſel here for the King, and you are Gentlemen upon an inquiry to find out the Offendors in a very great, a barbarous, and a wilful Murder. And, my Lord, in relation to the Principals, I need not ſpend your Lordſhip, and the Jurys time about them; for all thoſe three Men, that are indicted as Principals, do my Lord confeſs the fact, tho they do it in a different manner, and tho in forme of Law they are pleaded not Guilty, yet when they come to be asked the Queſtion, there Guilt flys in their faces, and they cannot deny it. So then for thoſe three Men there is no need to ſpend time in repeating the Evidence.

But, my Lord, that that ſeems to require the conſideration of the Jury is, whether this wicked, and horrid Murder be only circumſcribed in the Guilt of it to thoſe three Men that have confeſſed it, or whether any rational man in the World will beleive upon the account they give themſelves, that they only had a deſign, a ſtudy, or a delight to kill this Innocent Gentleman. No, my Lord, the thing muſt lie a little deeper, and there muſt be ſome other reaſon, why this barbarous Murder was committed, I would crave your pardon for what I ſay. My Lord, I would not ſpeak any thing, that ſhould miſlead a Jury in matters of bloud, and I think it was rightly ſayd by your Lordſhip, that when a Man is tryed for his Life, We ought all to behave ourſelves ſeriouſly as in a matter of weight and moment. And ſo it is I think a very ſerious thing, and a matter of concernment to us all to inquire who hath ſhed Innocent bloud; for ſuch was this poor Gentlemans bloud, that was killed, Innocent bloud.

My Lord, this Count is a very unhappy Perſon to have ſuch a Relation as has been proved to be of the Principals; I will do, my Lord, no wrong in the repetition, if I do, and am miſtaken I crave your direction, I am ſure (you will correct me in it.) Two of the Perſons that are Principals that was Captain Uratz and the Polander happen'd to be Perſons Relating to my Lords family as his ſervants. For it is agreed by the Witneſſes that were that Counts friends, that I came over into England with the Count, the laſt time he came over in that private manner, and 'tis likewiſe proved, and not denyed by him, that Captain Uratz was frequently with him, not only to the very day when, this bloudy Fact was done, but after that great crime was committed, I ſay, my Lord, 'tis a very unfortunate thing for this Lord, that thoſe men ſhould have ſo near a Relation to him, who have had their hands in it, and can give no account why they did it.

My Lord, I do know (and your Lordſhip has juſtly directed us) that no Evidence from one Priſoner, or the Confeſſion of one can charge the others in point of Evidence; but I cannot but take notice that Captain Uratz could give no reaſon in the World for it, but as it were for ſome Affront to the Count and himſelf. But, my Lord, the Evidence that lyes heavy upon this Lord at the Bar is made up of theſe Particulars.

Firſt, that here is a Murder committed is plain, then that this Lord did fly is alſo plain, and when he did fly? Gentlemen, he kept himſelf in diſguiſe before that Fact was committed, and whether or no the Reaſons be ſufficient that he has given to your Lordſhip, and the Jury muſt be left to conſideration. He ſays that he had not his Equipage, that he was not very well, and that he could not drink Wine: Thoſe I take to be the Reaſons given, why my Lord Coningſmark did conceal himſelf, till the time after the Fact was comitted.

He was taking of Phyſick, and he thought it might be prejudicial to him to drink Wine, or keep company.

But, my Lord, Theſe Kind of ſhifts we think, are not able to ballance the Evidence, for that which is truly the Evidence is this Mr Hanſon, who is very much converſant in that family, and who did give his Evidence very unwillingly, yet, he did really confeſs that which will go very far in this Caſe; For after he was preſſed ſeveral times (your Lordſhip and the Court, and the Council preſſed him) to tell what was the Reaſon of that diſcourſe he had with the Swediſh Reſident, and he was asked, had you any Command from my Lord Coningſmark? he anſwered no; but ſays he, I thought it would pleaſe him, if I could have the Opinion of the Agent or Reſident to know what the Laws of England were, if ſo be he called Mr. Thynne to account, and what the conſequence would be in reference to his deſign upon my Lady Ogle, and upon this he does go, and ask the Queſtion of the Reſident.

Now, what does he mean by this calling to account? We muſt take things according to the reaſon of them. Certainly it was ſome offence that he had taken to Mr. Thynne, and that is plain in regard when he was asked what the prejudice did refer to Mr. Hanſon, was pleaſed to name that great Lady, my Lady Ogle, and ſay'd ſhe was mentioned, and he did deſire to know what the Influence of the Laws of England would be in that matter, if he ſhould call him to account.

My Lord, I think with ſubmiſſion it carrys this in it, as if he had a purpoſe in his mind to call Mr. Thynne to account by quarrelling with him and hazarding him in his Life, I do not undertake, nor would not of myſelf to expound it, but this I will ſay, it muſt ſignify ſomething, and muſt have ſome conſideration, and without all doubt a Perſon of this Lords quality would not let fall ſuch an Expreſſion, but for ſome end and purpoſe.

My Lord, after Mr. Hanſon had given his long Evidence, which came ſo difficultly from him, we traced it down by ſeveral Witneſſes, Wright, Harder, and others, that this Polander came over as it happened on the Friday, (which is a thing that comes mighty cloſe,) upon the Saturday he is provided with a Coat and a Sword; On the Sunday he committed this inhumane bloudy Fact. Now it is a mighty unfortunate Circumſtance upon this Lord, that this ſhould be a man whom my Lord Coningſmark ſhould be ſo very much concerned for, that becauſe he was not come, he ſhould be afraid he had miſcarryed in the weather, to that his anſwer was this, that he was ſent for over by him to look after his Horſes, and he had come a great deal ſooner, if it had not been for the ſtormy weather. But, your Lordſhip obſerves, that it was not above three or four Moneths before, and then by his own ſhewing the buſineſs of Mr. Thynne, and his Mariage with my Lady Ogle was talked of far, and near; and ſo my Lord, it makes the ſuſpition of the malice the greater, that he who has done this bloudy Murder, and has been ſo much under the command of this Lords family, that he ſhould come but two days before, and the Count provide him with a Sword that very day, and then that Letter from Captain Uratz to Dr. Harder, which he carryed to the Count, and the Count read, but of which he can tell you none of the Contents; that ſpeak ſomething in regard when the Doctor went away, this Polander was ſent to the Captain by the Doctor; but this is certain, however, there was a Sword that was brought by the Cutler, that Sword was carried up to the Count's Chamber, that Sword was delivered afterwards to the Polander; for he had it on the Sunday Morning when he went away with the Boots under his Arm, and the Campagne-Coat upon his Back, with a Buff-Coat under it; and he went out, and never returned till the Fact was committed.

I ſay my Lord, it carries a vehement ſuſpition, that he was privy to this Murder, becauſe this was a Servant at his Devotion, and your Lordſhip and the Jury ſee what kind of a Creature he is, likely to do any thing, being at the Command of ſo great a Perſon.

But then my Lord, to come cloſer to the matter (for I will only repeat that which is moſt material) there is the Evidence of the Boy, who I muſt ſay, tells you a very ſenſible Story; he tells you upon what account he came to him, that he was there Ten Days before the Murder was committed; he Swears expreſly, That the Polander lay there the Night before, was there that Morning, went away with the Sword, and Doctor Harder with him; that this Murder was committed about Eight a Clock at Night, that Captain Uratz came buſtling into the Count's Lodgings, where he lay concealed, and the Boy by agreement, being to go home every Night, ſtay'd half an hour till paſt Nine, and left the Captain there at that time, and the Captain had been there in the Morning.

My Lord, ſurely it is a ſtrange thing, and much to be wondered at, that the Captain, who had the management of this Murder, had no where to go for a Refuge, but to his Patron my Lord Coningſmarke, reeking hot with Mr. Thynne's blood, when the blow was given within an hour after the Murder committed, (for ſo the Boy ſwears expreſly, for the blow was given at 8 a clock) and afterwards he went to the Doctors to bed about 10 a clock at night, as the Doctor hath confeſſed; I take that for a mighty Evidence. And then my Lord, upon the Monday morning when the Boy comes in, the Count asks him, What was the matter with the Buſtle in the Street the laſt night? Will any man in England believe, but that he had had earlier news of it? And for what reaſon ſhould he ask the Queſtion, if Mr. Hanſon ſpeaks true, who brought the news in from Whitehall?

But the great Queſtion that we wonder ſhould be asked the Boy, is, What Mr. Thynne was? which certainly was a very odd expreſſion, if we conſider what Mr. Hanſon ſays, That the Count had mentioned him in his diſcourſe, and my Lady Ogle too. One of the Count's Anſwers was, It could not be imagined that he could ſpeak to a Scullion Boy; but you ſee the Boy ſwears it, and tells it ſo, as that it is very probable.

[We now come my Lord to give an account of his Flight.]

The Father of the Boy comes in the morning: And I would obſerve, though he pretended his buſineſs and his diſtemper brought him over, and that he was ill, and under Cure yet this matter made the place too hot to hold him; ſtay here he durſt not, immediately he forgot his Phyſicians preſcriptions, and gave order to his man to ſend away his things. Then the Boy's Father was ſent for, and the Portmantles are given him, and he is told my Lord was going to Windſor; but when he came to Charing-croſs, the things are put into a Coach in the Strand, and from thence they went for Rotherith

Then came the man at whoſe houſe he lay, and he was a Swede, and by the way I would obſerve the Witneſſes are moſt of them my Lord's own Friends, unwilling to tell the truth till we get it, and that very hardly from them. This man was very unwilling to tell his knowledge, but he got him the Cloaths, which Cloaths, by the bulk of the man, one would think would hardly fit the Count; but the more he was diſguiſed, the more was his ſecurity; and when he was asked this Queſtion, Why he deſired to have thoſe Cloaths to ſecure him? He ſaid at laſt, It was to prevent Trouble.

Now let us conſider, my Lord, whether the Count has given any anſwer to that. My Lord, there is nothing in what he ſaid under pardon. He ſays, He went away, becauſe he was afraid the People would tear him in pieces, before he could juſtifie himſelf. If he were innocent, he knew where to go to be ſecure from any hurt from the People; he might have applied himſelf to your Lordſhip, or to any other Magiſtrate. He is ſo ingenious he could not but know he might have protected himſelf under the Government, which protects and ſecures any man whatſoever if he be innocent.

I have theſe two things more to mention and then I ſhall leave it to your Lordſhip and the Jury; and one is the Evidence of Mr. Gibbons, and Mr. Kid.

Mr. Kid gives that, which to me is a very material Evidence of what paſſed when they ſeized him: As they were coming up the River, the Count asks him, Whether there were any good Lodgings in Newgate? and particularly exppreſſed his care of the Captain, to ask whether he were well lodged. And when he was told that the Polander had confeſſed, he ſays he ſeemed on the ſudden to be very much concerned, bit his Cloaths, and threw himſelf along with ſome agony. My Lord, an innocent man needed not to uſe any ſuch actions.

Then comes Mr. Gibbons, who was very inſtrumental in the purſuing of him, and is known to be an honeſt man, he gives this Evidence, That when there was a diſcourſe about Mr. Thynne, and his old Maſter the Duke of Monmouth, the Count preſently replied, They meant to have done the Duke of Monmouth no harm; and walking about the room, on a ſudden, burſt out into this expreſſion, This is a ſtain upon my Blood; but one good Action in the Wars, or lodging upon a Counterſcarp, will waſh it all away.

Now, my Lord, as to what he anſwers to this, I ſay any man may make that evaſion which he would excuſe it by, to ſay that the accuſation is a ſcandal or a ſtain, may be worſe than the guilt of the action: But your Lordſhip and the Jury ſee plainly, If ſo be the thoughts of a man's own heart be that he is guilty, it will break out ſome way or other. Theſe things I only repeat, I leave them to the conſideration of the Jury.

But when I have ſaid this, there is one thing more, and that is above all relating to the Captain: Says Mr. Gibbons, I did not know that the Captain had confeſſed, but I did venture to ſay he had; but the Count replied, He did not believe the Captain had confeſſed. My Lord, you ſee how the Captain appears before you, and if the Count will take upon him to ſay, he does not believe the Capt. wo •••• onfeſſ; it doth ſtrongly argue he knew as much of the Capt.'s mind, as he himſelf. Then look upon the reſolute behaviour of the Capt. the familiarity he lived in with the Count, that he had always been a dependent upon his Family, it ſhews ſome reaſon for his aſſurance of ſecrecy from the Capt. that he would not confeſs the Author of this moſt notorious Murder, and it lies heavy upon him. My Lord, I look upon the diſcovery of this as a very miraculous thing; And pray conſider, Gentlemen, where ſhall a man go to ſettle his thoughts for the Original buſineſs? Do you (or can you) think it was begun, invented and contrived by yonder three men? To what end or purpoſe; or for what advantage to them? You have heard the Evidence that I have repeated to you; You have heard what this Lord has ſaid for himſelf; how he has fled, and what has been done. My Lord, I will not uſe any thing of argument to perſwade the Jury; but I cannot chuſe but ſay, we know no where to go for the Author of this Villanous Fact, nor whom to accuſe as the prime Contriver, but this Count before you. I pray the God of Heaven to direct you in your enquiry; and if I have ſaid any thing amiſs, I beg your Pardon for it.

My Lord, I did not think to have ſaid any thing more in this caſe; but I muſt crave your Lordſhip and the Juries patience for a few words. As for the three perſons at the Bar, (the Pole, the Capt. and the Lieutenant) it is (Gentlemen) very notorious they are guilty of this moſt Helliſh Murder. But all the labour and difficulty of this matter is, how far this Count is Guilty, or not Guilty.

Pray Gentlemen do but obſerve the nature of this Crime, and the manner of our Evidence that has been given you. The Crime he is accuſed of, is, for being Acceſſary to a Wilful Murder; Acceſſary before the Fact; Contriving of it, and laying the Train, which theſe perſons were made uſe of to fire. This being ſo, it is almoſt impoſſible to give you that clear light and pregnant proof againſt an Acceſſary, as againſt the Principals. The Principal is he that doth the Fact; that is notorious and open. The Acceſſary is the perſon that prepares the Scheme, contrives the management, firſt ſets the Wheel on work, gives the neceſſary Inſtructions, who lies behind the Curtain. Now, conſidering that, and the nature of the thing, it is Impoſſible to give a clearer Evidence than what you have had.

Pray Gentlemen do but firſt conſider who hath been the Privadoes and the Intimates of this Count, with whom he has had Conference ſince he came into England, Hanſon and Dr. Frederick, who are brought as Witneſſes (though unwilling ones) againſt him; the Boy that was imployed by him. He is in no other hands; I cannot hear he was among any other perſons but theſe, and Capt. Vratz, and the Polander. Theſe are his Company, and thoſe alone with whom he had converſation, Now, Gentlemen, that we ſhould be able to produce theſe very men (that were his only Companions) againſt him as Witneſſes, is a mighty thing, conſidering the privacy he lay in.

As for Vratz his moſt intimate privado, he came over with him into England, liv'd with him in his firſt Lodging, and was continually with him during his ſtay. So then, what can we expect about this man, (Gentlemen) when he had ſaid his Deſign with all the privacy he could, would have as little Converſation with Engliſh-men as he could. It was very craftily laid, that he would converſe with none but thoſe that were privy to his deſign, or had an hand in it in a great meaſure. Then pray conſider how it was carried on, Gentlemen; Vratz, who was the great Commander, and the Polander, who was the immediate Actor in it, had been his own Servants. Vratz, I ſay, he had a great confidence in; he came over with him; and will not any man believe that this man, who eat of his Bread, who lay in his Family, was a likely man to do this for his ſake that thus cheriſh'd him? For whoſe ſake pray can it be thought to be? Not for his own ſake; for the Capt. tells you he never had any communication or converſation with this unhappy Gent. Mr. Thynne. So that if it were as they would have it, that they did it out of reſpect to this Count, who was the Capt.'s Friend, it will turn upon the ſame point, and confirm the ſuſpicion. Why ſhould the Polander do it, if he had no reaſon to do it upon his own aacount? for he never ſaw the Face of Mr. Thynne, but was brought hood-wink'd in a manner to the Fact.

Therefore whether it were not done for his ſake, is that which you are to conſider; and as a proof that for the Count it was done, I ſhall pitch upon one Circumſtance that will bring it home to his door, and that is, the Evidence of Hanſon his Brother's Tutor: And by the way I cannot but repeat it, that this Thread goes through all the Cloth, we have no Witneſſes but thoſe of his own familiar acquaintance and dependance. Now Hanſon has (though very ſhufflingly) told you, the Count and he had ſome diſcourſe about my Lady Ogle; and though we cannot come to know all the Circumſtances, yet he does acknowledge ſo much as that there was mention made of requiring ſatisfaction of Mr. Thynne, or ſome account of him, and what might be the conſequences of the Laws of England, in reference to my Lady Ogle, in caſe he ſhould call him to account. So far he is plain, though he will not tell what the diſcourſe was; that there was a diſcourſe of my Lady Ogle, of Mr. Thynne, of asking ſatisfaction of Mr. Thynne, or calling him to account, and what the conſequences in Law might be. And pray, Gentlemen, obſerve, being to take advice about this matter, they would not conſult an Engliſh Lawyer, though I ſee one behind him now, but a Foreigner, the Suediſh Agent; not ask the opinion of one man of this Kingdom. And then he gives you a mighty reaſon for it, That the Swediſh Reſident knew very well how to adviſe him in this affair, becauſe he had lived in England about 19 years: So that all his Acquaintance and Friends, the managers of the buſineſs, and thoſe conſulted with about it, all Outlandiſh men; I cannot ſay they are all Guilty, but I will ſay this makes our Proof more difficult.

Gentlemen, This being taken notice of as a mighty Circumſtance, I would bring it a little more home to this Gentleman, whom we accuſe as Acceſſary before the Fact. Pray conſider how all along he lay skulking, and hiding himſelf in diſguiſe, and ſhifting his Lodging from place to place. I need not repeat it, but I would deſire you to think of what was concurrent with that very day, and, as it were, concomitant with the very Murder, and that will appear to be ſufficient to ſatisfie any rational man. We are not picking up an Evidence upon flying words, or unconcluding circumſtances, but we offer Facts to you, and Facts are to guide you, you being to compare Facts with Facts. As to his lurking and hiding, this Gentleman gives you no manner of rational account, that he had any buſineſs with any man in England that ſhould occaſion his lying private; but only he tells you, he labor'd under a Diſtemper that he would not have diſcover'd; and yet take him in that very Diſtemper, and in the proceſs of his Cure, as ſoon as this Fact is over, the next morning he values neither his Diſeaſe, nor his Phyſick, but goes by water, and made an attempt to flie abroad. Will any underſtanding man believe that he came privately into England, that he lay ſculking here, that he made uſe of another Name, and other Cloaths, that he ſhould do all theſe things, and run away ſo immediately after the Fact was done, and all onely becauſe of a little Diſtemper of Spots on his Breaſt.

But then, ſays he, it was reported in the world, and told him the next morning, that the People, the Rabble, would tear him in pieces. He was asked where he had this Report, and he brought up a Tailer, and depended mightily upon it, but the Tailer denied it, and, Gentlemen, he that fails in one thing he ſays, is not to be credited in another without good proof. He ſays that he ſaid no ſuch thing, ſo that Gentlemen this fictitious argument of his fear falls to the ground.

Then obſerve what follows upon this Villainous Fact; he flies away privately, he goes to a Swediſh houſe at Rotherhith, from thence by a Swede he muſt be put into a Skuller, and that Skuller muſt be towing of him for ſeveral days together, till he come to Graveſend, from whence he was to have gone Over Sea. Pray lay all this together, and weigh it well, and ſee if you can imagine any other reaſon for it all, than what we alledge.

I would obſerve it to you Gentlemen, and pray think of it, what the Count has ſaid to you in his own defence in ſo many Languages without proof, muſt paſs for nothing. The Court has had a great deal of patience to hear him, and ſhewn him a great deal of Favor in permitting it; but without proof, I ſay, it all paſſeth for nothing. And what proof he hath made of it, I muſt ſubmit to you; for I will not ſpend your time in running into particulars: And where he has proved any thing, pray compare Facts with Facts, eſpecially that concerning the Captain Vratz, which is not in my opinion to be anſwered, that he lived with him, that he ſhould be with him on the Sunday morning, that in the evening he ſhould come thither again after the Fact done, that he ſhould be left in his Chamber, and continue in the Houſe ſo long. Will any one believe, that when Vratz came over with the Count from abroad, lodged with him here, was every day with him in familiar converſation, ſhould come that morning before, and in the evening immediately after, and ſtay with him ſo long, and yet the Count be innocent? Nay, will not any man rather abſolutely conclude him an Acceſſary to the Murder.

Then, Gentlemen, take into your conſideration his Flight, and endeavors to eſcape out of the hands of Juſtice; if there were no more, that is a great evidence of his Guilt, but you have much more, and as ſtrong as you can deſire or expect. He ſays he was afraid of the People; alas he needed not to fear that, he finds a very fair and generous treatment here, he knew the temper of our Engliſh Nation well enough, to know they do not preſently flie in mens Faces; and he could not but know, he might, without danger, reſign himſelf up to the Law if he were innocent.

Gentlemen, We have given you a fair and a full Evidence, we have offer'd you ſufficient proof in Fact, and have offer'd no Shams to you; and I do not doubt but you will do right to the Honour of England, and the Juſtice of the Nation, which are deeply concerned in this Caſe.

[Then there was a great Noiſe made.]

Lord Chief-Juſtice. Look you Gentlemen, The Council for the King have been very large in the repeating of the Evidence, therefore you must not expect from me, that I ſhould go over it again in the ſame method that they have done. I will direct you a little as to ſome Points in Law as to this Caſe. Here is as they tell you truly, a Murder as horrid and barbarous as peradventure can be committed upon any Subject. It is a Murder of a very bad nature, ſo that the repeating of it is enough to make all men abhor it; it needs no aggravation, it is in its own nature ſo very barbarous; and thoſe Gentlemen that had a hand in it, muſt certainly needs be aſhamed, and look upon themſelves as not fit to be accounted men, whoever they be that had any hand in it, ſo barbarous and inhumane, and baſe in its own nature, and ſo unworthy of a man.

I muſt tell you, Gentlemen, when one man ſhoots another, and two are with him, though they do nothing but come on purpoſe to countenance that evil Fact, that is Murder in them All; All that were preſent are guilty, when ever ſuch an Act is done: And three or four come together, and one does the Fact, and the others ſtand by to countenance it, whether they be there to bring the Party off, or to animate him, and put him into a condition that he may murder and kill, it is murder in All, and they are All as equally guilty, as he that ſhot, or actually gave the blow.

Now as to theſe three perſons here the Polander that ſhot, Vratz who was with him and ſtop'd the Coach, and Stern that was by with them, they do all acknowledge themſelves to be there at this Murder; the leaſt they ſay for themſelves, is, that they came to countenance a fighting with Mr. Thynne, that is the leaſt any of them ſay; for Captain Vratz makes this his excuſe, that he intended to kill him (as he calls it) fairly, and the others were to ſtand by to let him make the beſt of it; ſo that they All came with a murderous intent, and a Murder followed. And I muſt declare this for Law to you, that this is Murder in them All, if you believe themſelves; ſo that I think there is little, very little for you to conſider concerning theſe three men, but according to what they have acknowledged of themſelves both before the Council, and here likewiſe in your own preſence, they ſeem All to be guilty of this Murder.

The more doubtful Queſtion is concerning Count Coningſmarke, that stands here before you, for he was not at the Murder, nor is he charged as Principal; and the Queſtion will be as to him, Whether he commanded, or gave any authority or direction to have this Murder committed; That is the thing that is now charged upon him, and without that he cannot be acceſſary in this Caſe.

Now, Gentlemen, you muſt conſider as to that, ſeveral things are certain and poſitive; That this Polander was once his Servant; That he was brought over from Beyond Sea by his Order; That he was given by him to Captain Vratz; That Vratz was his great acquaintance, and lay in his Lodging ſome time, though not at this very time. Theſe things are plain: Now what Anſwer is given to this? You hear, he ſays, the Polander was taken for him, and hired as a Servant Beyond Seas, knowing that he had skill in Horſes; and the Count having remitted money to buy Horſes, he was willing to have him manage the Horſes, and to have his judgment in them, and ſent for him three months before for that purpoſe, and that he came for that purpoſe; but knowing that the occaſion for which he was to buy his Horſes was paſt over, there being like to be no War, and therefore there would be no occaſion for Horſes, he was willing to part with the Polander, as he ſays, is uſual for perſons of Quality in his Countrey to do upon ſuch occaſions, to give their Servants to one another; and ſo having cloathed him, firſt he gave him to Captain Vratz: And you hear how much of this is made good by Witneſſes, and how far this is ſatisfactory to you as an excuſe and reaſon for this, I leave to you.

There is more too that is very plain: It is apparent that the Capt bid him come to his Lodging after this Murder was committed. According to the calculation of the time, it must be after the Murder, for that was about eight a clock, and he was there about nine. You hear what anſwer the Count gives to that; That he came as formerly he had done, he knowing nothing of this, nor of Mr. Thynne's Murder, and that he did not ſpeak to him concerning

The next thing, Gentlemen, is, 'Tis plain the Count did lie private when he came to England; and he tells you, he brings the Doctour to witneſs it, his occaſion of Privacy was, becauſe he had a Sickneſs which he was loth ſhould be known, having been formerly in ſplendour in England; but now, without his Equipage, he would not publickly appear; and he was afraid, if he appeared in Company, he ſhould be inticed to drink high, and that would retard his Cure. And the Doctour tells you, he was under his hands for cure of his Diſeaſe, which was ſome Spots upon his Body.

It is plain too, that Count Coningsmark did go away the next morning after he had heard of the Murther, he acknowledgeth it himſelf; and that he did conceal himſelf upon the Water, and was taken in ſuch manner as the Witneſſes ſpeak. But withall he tells you the occaſion of this was, A ſtranger here, Captain Vratz, as he heard, was accuſed for the Murther, and ſeiſed, and he did not know what this might occaſion to him; how the common People might fall upon a Stranger that was of that man's Acquaintance; and it was through his Fear of the People (leſt they ſhould fall upon him before he could vindicate himſelf) that he withdrew himſelf and concealed himſelf in this manner. As it was told you by the Council it was an unreaſonable fear in him, for there is no ſuch diſorderly proceeding (we thank God) in England; But he tells you he was afraid of it; and if he were, being a Stranger, he might not know our Conſtitution ſo well.

But I muſt tell you another thing for Law, Gentlemen, which was urged by the Council for the King. Captain Vratz doth ſay, that he, knowing of an Affront that had been given to the Count, and having received an Affront himſelf, he did, without the Count's knowledge, doe this Murther, for Revenge, upon Mr. Thynne. It has been ſaid by the Council, it will be all one whether it were with the knowledge of Count Coningsmark or not. Now, I muſt tell you, Gentlemen, the Law is not ſo. For if a Gentleman has an Affront given him which he does ſeem to reſent, if any of his Servants officiouſly, without acquainting him with it, out of too much Zeal and too forward a Reſpect to their Maſters Honour, will goe and piſtol and kill him that they apprehend has affronted their Maſter, he not knowing of it, it will not charge their Maſter with any guilt at all. The Law, Gentlemen, is not ſo as was urged, for if it were without the Counts knowledge and direction, if a zealous Captain has gone and over-ſhot himſelf, out of reſpect to his Maſter's Honour, when really it was a Diſ-honour to himſelf and all that were acquainted with it, this cannot lie upon him, to make Count Coningsmark guilty. But it lies upon me to direct you; for otherwiſe you might ſwallow it as a Maxim, to be all one in Law, which it is not.

So that it will return to this, Whether here he any Proof that Count Coningsmark did conſent to this Murther, or any waies countenance the Killing of Maſter Thynne, or command any of theſe Perſons to doe it.

Look you, Gentlemen, there are ſome ſuſpicious Speeches that are mentioned here of the Count's. One is, that the Boy ſhould ſay that the Count asked him whether men might ride in London on Sundaies? You hear what Anſwer is given to that. The Count denieth that he asked any ſuch Queſtion: and to ſhew and prove that ſuch a Queſtion could not likely be asked, he ſaies and proves, by divers perſons, that it was an ordinary thing for himſelf to ride on Sundaies in Hide-Park before this Buſineſs long.

It is alſo ſaid, that when he was taken, he ſhould ſay, that he did believe they intended the Duke of Monmouth no hurt: Now that he ſaid theſe words he doth not here deny; but he ſaies he ſpoke it upon the common Report that theſe men had watched the Coach till they ſaw his Grace out of it, and then they did doe this Villany; ſo that he apprehended they had no deſign to hurt the Duke at ill. This is the Anſwer he gives; how ſatisfactory it is; I leave it to you.

Then as to thoſe other words; That it would reflect upon his Family and ſtain his Bloud, but he preſently recollected himſelf; and ſaid, One brave Action in the Wars or Lodging upon a Counterſcharp would waſh it off: You hear what he ſays to that: He looked upon it as an Injury to his Family, and it would be ſome ſtain to his Bloud, that he ſhould be accuſed of ſo baſe and 〈1 page duplicate〉 〈1 page duplicate〉 unworthy an Act; but that Accuſation he thought might be waſhed off; and ſo, though he were innocent, it might be looked upon as a Stain, which a brave Behaviour in the Wars would wipe off.

Gentlemen, Thus, as near as I can, I have given you an Account of the moſt material things that are objected againſt him, and his Anſwers to them. I muſt leave it to you, whether, upon the Evidence which you have heard, you do believe that this Murther was directed or countenanced by Count Coningsmark. If it were, he then is guilty as Acceſſary before, and you muſt find it; but if you believe he did not know it till after the Murther was done, then he is innocent, and you muſt acquit him. And upon the whole, Gentlemen, I muſt leave it to you.

Then, it being late, After an Officer was ſworn to keep the Jury, the Court adjourned for a while; and in half an hour return'd; and ſent for the Jury, who came in and, anſwering to their Names, gave this Verdict.

Gentlemen, Are you all agreed of your Verdict?

Yes.

Who ſhall ſay for you?

Foreman.

George Borosky, alias Borotri, hold up thy hand, (which he did.) Look upon the Priſoner; How ſay you? Is he guilty of the Felony and Murther whereof he ſtands indicted, or not guilty?

Guilty.

What Goods and Chattels, Lands and Tenements?

None to our knowledge.

Chriſtopher Vratz, hold up thy hand—. Is he guilty, &c.

Guilty.

What Goods, &c.

None to our knowledge.

John Stern, hold up thy hand—. Is he guilty or, &c.

Guilty.

What Goods, &c.

None to our knowledge.

Charles John Conningsmarks hold up thy hand (which he did) How ſay you, is he guilty of the Felony whereof he ſtands indicted as acceſſary before, or not Guilty?

Not Guilty.

God bleſs the King and the Honourable Bench.

Then hearken to your Verdict as the Court hath recorded it, you ſay that George Borosky, &c. and ſo you ſay all.

Keeper, ſet George Borosky to the Bar, hold up thy hand (which he did) Thou ſtandeſt convicted of Murther for killing Thomas Thynne, Eſq what canſt thou ſay for thy ſelf why the Court ſhould not give Judgment upon thee to die according to the Law.

He ſays he prays God to have mercy upon him.

Tye him up, Set Chriſtopher Vratz to the Bar—

He ſays he heare he is condemned, but he was never rightly examined, nor fairly tried.

Set John Stern to the Bar—

He ſays he did it for the Captain's ſake, he went as a Second along with him.

You the Priſoners at the Bar, George Borosky, Chriſtopher Vratz and John Stern, you have been all indicted for the Murther of a Gentleman of great Quality Mr. Thynne; a great, an heinous and a crying Crime, that cries aloud for vengeance: You have been brought to your Trial and tried indifferently by a Jury not conſiſting onely of the Country-men of the Party ſlain but compounded of Foreiners and Freeholders of the County too. Theſe impartial Men have found you Guilty, and indeed the plainneſs of your Guilt is ſuch that you your ſelves have acknowledged your ſelves Guilty. For when you were apprehended your Guilt did ſo ſtare in your Faces, and you could give ſo little an account how you had beſtowed that time wherein he was murthered that you were forced to confeſs your intereſt in the Fact.

It is our Duty to pronounce the Sentence of the Law againſt you upon this conviction; but it is alſo our uſage to open the nature of the Crime for which the convicted Perſon is to ſuffer Death, for the conviction of the Offenders themſelves. Now your Crime is one of the deepeſt die, it is the wilfull ſhedding of innocent Bloud, to which you could be led by nothing but what you are charged with in the Indictment, the motion and ſeduction of the Devil. This Crime of Murther is put into the higheſt and foremoſt rank. When God himſelf had given Laws to the World under the Old Adminiſtration, after the Command of honouring Father and Mother in the next place he forbids Murther. This Crime you have committed and that with the moſt aggravating circumſtances that I have ever known attend any Crime of this Nature. It was committed upon a Gentleman of great Quality, that was ſo far from giving you any provocation to it, that you acknowledge your ſelves you never had any communication with him. It was done upon a Day when you ought to have exerciſed and buſied your ſelves in acts of Piety and religious Worſhip. It was done in the Streets of the City near the King's Royal Palace. But the greateſt circumſtance of all is the doing it in ſuch a manner, that is it was done by way-laying; a ſort of killing the moſt unworthy, the moſt baſe and the moſt ungenerous of all other. For that it gives the party aſſaulted no liberty for any prevention or any defence by any prudence he can uſe; and the conſequence of it is, as much as lies in the Malefactour, to deſtroy as well the Soul as the Body; by ſuch an inſidious Murther to take a Man out of this life before he can have any opportunity to prepare for another life. Therefore in our publick ſolemn Prayers in our Church it has very juſtly and worthily been made part of our Liturgy to pray to be delivered from Murther and ſudden Death.

You that are ſtrangers in this Countrey if you had been tried and convicted of a breach of our Municipal Laws, the peculiar Laws of this Kingdom, much indulgence might be ſhewn to you becauſe of your little acquaintance with the Law. But that-is not your caſe, your Offence is a tranſgreſſion againſt the Law of God, written in large Characters in the Nature of Man. It is againſt the Laws of all Nations even your own Country from whence you come, and any other Country whereever you could go are ſevere in their Laws againſt that by which you have broken the Law in ſo foul a Fact. The very Barbarians could ſay, This Man is a Murtherer and Divine Vengeance will not ſuffer him to live; ſo that they all think the Divine Juſtice concern'd to revenge it.

You have ſlain this innocent Gentleman which is but a ſingle diſtemper as it concerns him, but if it ſhould go unpuniſhed it would turn to a peſtilential contagion. If ſuch Aſſaſſinations and Murthers of Perſons ſhould not be ſeverely puniſhed it were a greater woe than ever was brought upon this Kingdom. Therefore it is thought fit by his Majeſty to make his Juſtice ſignal and exemplary upon thoſe that have thus baſely and inhumanely brought themſelves under the conſure of it. That when the fame of this barbarous Action ſhall go abroad his Juſtice ſhall alſo be celebrated upon the Actors, and that this kingdom is maintained by Juſtice.

I have but one thing more to ſay to you, and that is in tenderneſs to you your ſelves. You are to conſider that you are to receive another Judgment than that you will be condemned by here, and that you may be prepared for that is your great and your onely care. Now it is Repentance that is the onely Antidote againſt the ſting of Death. You cannot be found innocent, your ſelves acknowledge your guilt, then let it be your care to be found penitent. For that purpoſe you ſhall have the aſſiſtance of ſome of our learned Divines here, and you will doe well to hearken to their good Counſels. I pray God you may ſubmit to Juſtice patiently, and that your Contrition may be correſpondent to your Crime, that ſo you may obtain pardon and everlaſting favour from God.

It remains onely that we paſs the Sentence of Law againſt you which is this,

That you ſhall go from hence to the place from whence you came, from thence to the place of Execution, where you ſhall be ſeverally hanged by the Neck untill you be dead: And the Lord have mercy upon your Souls.