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and you went away to Leicester-fields, pray | tion for any damage to my chair ; but they my lords what happened then ?

could not get him in, for he was at that time Browne. We went away to Leicester-fields, dead, I believe, for we went to bale him up, en we came to Green-street end, and were and to get bim into the chair, but we could not ering upon the square upon the broad stones, do it. . Coote called out to us, and bid us to set Att. Gen. Can you tell who the two persons

down, and so did the other two chairs; and were that held him up? en he put his hand into his pocket to dis- Browne. No; but by the description of the rge us, my lord of Warwick put his hand persons they had such cloaths on, as that they his pocket to pay the three chairs, and Mr.

must be captain French and captain James ; te offered halt' a guinea to discharge the but indeed I cannot swear directly who they irs, and my lord Mohun did produce 3s. were that were there, nor who they were that

with it discharged all the three chairs, and called for chairs at the upper end of the field ; y all three walked away together forward but when our chair was lifted over again over in the broad stones, on the right hand side | the rails, and we came to ibe corner to see who he way; it was so dark a night, I could not should be taken in, there came one to us who

half a dozen yards from me: it was the bid us carry him to the Bagnio in Long-Acre ; -kest night, I think, that ever I saw in all my and thither we did go accordingly, , and therefore I cannot tell what became of Att. Gen. Pray, can you tell who the per, em after they went out of the chairs.

sons were that held up the gentleman iley Att. Gen. Pray, did you see my lord Muhun would have to be got into the chair ? erwards?

Browne. No, indeed, I cannot. Browne. No, I did never see my lord Mohun Att. Gen. Pray, can you describe them so as erwards till now here at the bar.

to know them, whether my lord of Warwick, Att. Gen. You say it was so dark, that you and my lord Mohun were those two geould not see three yards from you ; pray, tlemen ? at did happen afterwards when you were in Browne. My lord of Warwick and my lord 2 field ?

Mohun were not there, I am sure, for I know Browne. A little while after we had set down them very well; I was acquainted with them ese gentlemen, I filled my pipe out of my before; and when I came up to these gentle x, and before I could light it, I heard a call- men with the candle, there was one of theın g of chairs, chairs, and I went up towards the was bigger than my lord of Warwick, or my d of the square, where the noise was ; and lord Mohun; and the elder of them had other den I came there, they would have had me sort of cloaths than either of them had on at that the chair over the rails, and I told them, if time, as we could see when we came up close did I could not lift it over again : but they | with the candle to them. puld needs have me lift it over, and I did so ; Att. Gen. Were there any liglits of the d by the light of the lanthorn saw captain lamps, that are usually in the streets at that ench and captain James bolding, up captain time, about the square? jote, and they did desire me to take him into Browne. Yes, there were those lights; but r chair, but he was in such a condition that I | it was a very dark night, and we could not see uld not get him into the chair; it was before two yards before us, that I am sure of; and could well light my pipe the chairs were called. there was nobody else that I saw at that time Att. Gen. Who did call, can you tell ? at the upper end of the field, but those two Browne. No, indeed, I cannot tell who did gentlemen, holding up of captain Coote, whom Il chairs, but it was a voice from the upper we had brought up before to the square, and id of the fields, and we lifted our chair over left him with the earl of Warwick and my lord e rails into the fields, and there were two Mohun at the bottom of the square ; but whintleinen holding up another man; I have ther they all went, indeed I cannot tell: we ard it said it was captain French and captajn called watch ; but they said it was not within imes, and they cried out, Dear Coote, Dear their ward, and therefore they would not come, pote! and would have had him gotten into When we saw how ill Mr. Coote was upon our e chair, but we could not; and my lord of coming up, and that he could not get bim into farwick did then say, if any damage did come the chair, we went away, lifted our chajr over the chair, thongb it were 1001. we should be the rails again, and carried a gentleman to the tisfied for the damage; but we were not able Bagnio in Long-Acre. get him into the chair, and so there we left L. Mohun. I have a question to ask this I).

witness, and that is, how far the place is wbiAtt. Gen. You say you saw two gentlemen ther he carried the chair, that is from GreenIding up Mr. Coote, and it was a very dark street end, to the place wbither the chairs were ght, how could you tell who those gentlemen called for again, at the upper end of the pales, ere?

where he found the two gentlemen holding up Browne. I could not see any thing of them Mr. Coote, and endeavouring to get him up into I we came up with the candle close to them. the chair? Alt. Gen. And what did they say when you Browne. I believe it is about fifty yards as me up close to the chair?

near as I can guess. Browne. They offered me an 1001. satisfac- L. Mohun. I desire to know, whether ha VOL. XIII.

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means fifty yards from the upper end to the lower end of Leicester fields?

Browne. Yes, I believe, my lord, it is, and better.

L. Mohun. I desire to ask him, whether Green-street be not the very lower end of the square?

Browne. Yes, my lord, the lower end of the square, coming out of St. Martin's-lane into Green-street.

Att. Gen. But did you see three other chairs in that place?

Browne. Yes, while I was filling my pipe out of my box, three other chairs did come by, and went away; but within a little while after the filling of my pipe, or rather before I could well fill it, or light it, we heard calling for chairs again towards the upper end of the fields, and we carried up our chair thither, and there we found, as I have told you, two gentlemen holding up Mr. Coote, and crying out, my dear Coote, my dear Coote !

Att. Gen. Can you tell who it was that called for the chairs the second time, when you were in the fields?

Browne. No, indeed, I cannot; but they would have us bring our chair over the rails, and we did lift it over; and when we came up to them, I saw only two gentlemen, whom I did not know who they were particularly, till we came up close to them, that we could see their cloaths, by the light of the candle in our lanthorn; and they would have had us put Mr. Coote into our chair, and he being very much wounded, they would have had us carry him away; we told them it would spoil our chair, and we could not besides lift him over the rails again; they promised we should have any satisfaction for damage to our chair, even to the value of a hundred pounds; we went to heave him up to put him into the chair, and did all we could to have got him into the chair, but we could not; so we lifted the chair over the rails again; and when we came to the corner of the rails, at the way that goes to Long-Acre, there we took up a gentleman, whom we carried to the Bagnio in LongAcre ; we called out to the watch; but they said it was not within their ward, and they would not come.

Att. Gen. Can you tell who were the persons that were at the upper end of the fields? Browne. No, indeed, I cannot tell who they

were.

Att. Gen. Was my lord Mohun and my lord Warwick the two?

Browne. No, my lord Mohun was not there, nor my lord Warwick; I know them so well, that it could not be them; one of the gentlemen was bigger than my lord of Warwick, and the other of them had other cloaths than my lord Mohun.

Att. Gen. Was that the way they walked up, when they came out of the chairs, that led to that end of the fields where you found Mr. Coote wounded? Browne. Yes, it was.

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Att. Gen. My lords, this is but the repetition of the evidence that he gave to your lordships yesterday.

L. H.S. If you have done with this witness; my lord Mohun may ask him any questions.

L. Mohun. I desire to have him asked, how far is the place where he carried the chair at first into Leicester-fields, from the place where they put over the chair within the rails, and would have taken in Mr. Coote?

Browne. It is about fifty yards, as near as I can guess.

L. Mohun. I desire to know of him, whether the place where we were set down, that came in the first three chairs, from Locket's into Leicester-fields, to the place where he found Mr. Coote supported by the two gentlemen, be not from one end of the fields to the other?

Browne. The place where we set down captain Coote is at the lower end of Green-street, and the place where we found him wounded, was at the upper end by Leicester-house.

L. H. S. I think it is understood, that Green-street, which comes out of St. Martin'slane, is at one end of Leicester-square, and Leicester-house is at the other end.

Att. Gen. Pray, where was it that you saw the two gentlemen holding up captain Coote, and cry out, my dear Coote ! my dear Coote !

Browne. It was on one side of the cross way, that leads out of the fields towards Newport street, and by Leicester house.

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Att. Gen. But you say three chairs did ge towards the upper end of the fields ? Browne. Yes they did so; but our_thres chairs that came away first from the Greyhound tavern, set down at Green street end, and the three gentlemen that came in our chairs went up the pales to them; but whither they went I cannot tell, but soon after we heard calling for chairs again, and so we went up, where we found the two gentlemen holding captain Coote, and saying, my dear Coote! my dear Coote !

Att. Gen. But when you were called the second time, that is, into the fields, where was the place you say that you found them in?

Browne. It was within the rails, one side of the cross-way towards Leicester-house.

L. Mohun. Pray, was that the direct way that I went from the place that I was set down, that is, the lower end of Green street, to the place that they afterwards went to, which was the bagnio in Long Acre?

Browne. When captain Coote, and my lord Mohun were set down, and walked away upon the paved stones of the square, to the place where I found the two gentlemen holding up capt. Coote, was the quite contrary way from the end of Green street to the Standard tavern. L. H. S. Who is your next witness, Mr. Attorney?

Att. Gen. The next witness that we call, is Robert Applegate. (Who was sworn.) L. H. S. What do you ask this witness? Att. Gen. My lords, this is the chairman

that carried my lord Mohun to Leicester fields from Locket's; he will give your lordships an account when he carryed him, who he carryed, and what happened afterwards, which is all but to the same purpose with the evidence that he gave yesterday. But pray, who was that whom you carried on the thirtieth of October last to Leicester fields?

Applegate. I carried my lord Mohun from Locket's, at the Greyhound tavern in the Strand, to Leicester fields.

Att. Gen. Pray, how many chairs were there of you that went away together?

Applegate. There were three of us that went away together, one carried my lord Warwick, we my lord Mohun, and the third carried captain Coote, which was the first chair that went away.

Att. Gen. Whither did you go? Applegate. We went to the corner of St. Martin's lane.

Att. Gen. Who do you say were in the other two chairs ?

Applegate. My lord of Warwick, and my lord Mohun.

Att. Gen. When they came out first, what orders or directions were given ?

Applegate. My lord Mohun said, That he and my lord of Warwick, and captain Coote, would go all three together down to Westminster, and there they would all lie together, or be together that night.

Att. Gen. What answer was given to what my lord Mohun said?

Applegate. Indeed I do not remember any answer that was given at all; but after that my lord Mohun went into the chair, and ordered us to follow down the other two chairs towards Westminster, and we put up the chair and came away; and when we came to St. Martin's lane, the chair that carried capt. Coote turned up the lane, and we being ordered to follow the other chairs, went up the lane too; but my lord Mohun perceiving that they were not going down to Westminster, called out to stop, just when we were entered into St. Martin's lane, over against the back door of the Cross-keys tavern, and made the other chairs to stand, and all the three chairs were set abreast before that place, and my lord Mohun asked capt. Coote, whither he was going? And he answered, to Leicester fields: He begged of him, as one would beg for an alms, that he would not go that night, for the business could not be done that night, and it was better to put it off till the next morning.

Att. Gen. Did they name what the business was, that was to be done?

Applegate. No; but my lord Mohun did say, it was impossible to be done that night. Att. Gen. Well, and what happened afterwards, while you were in that place?

Applegate. While we were there, three other chairs passed by us on the other side of the way, and going forward up the street, capt. Coote ordered their chairs to follow, and so we did to Green street end, and there we set them down.

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Att. Gen. Pray, can you remember what was said by my lord Mohun at the time when the other chairs passed by ?

Applegate. He was then desiring and begging of capt. Coote to go home to Westminster, telling him that it could not be done that night; but it must be deferred till the next morning; but capt. Coote said he would not delay it till the next morning, but he would go to Leicester fields that night; and all three chairs were ordered to go forward, and we did go on forward to Leicester fields; my lord Mohun, indeed, did beg and desire as heartily as, I say, a man for an alms, that they would let it alone for that night; but capt. Coote would not, and ordered his chair to go forwards.

Att. Gen. You say, my lord Mohun begged as heartily as if it were for an alms to defer it for that night?

Applegate. Yes, he did so; so that I do really think that he was not concerned in the

matter.

Att. Gen. If he were so earnest to defer and put off the business, how came you to carry him thither, that night? What expressions did he use particularly in St. Martin's lane, after the other chairs were passed by ?

Applegate. He said, If you must go, I will go with you and see it; and he bid us take up and follow the other chairs wherein capt. Coote and my lord Warwick were; and we did go.

Att. Gen. And where did you set my lord Mohun down?

Applegate. At the hither end of Leicestersquare, at the corner of Green-street, the lower corner of the paved stones, going up to Leicester-house.

Att. Gen. What became of the three gentlemen that you set down at the end of Greenstreet?

Applegate. They went all three together up the stone pavement, towards the upper end of the square, towards the Standard tavern, I think.

Att. Gen. Did they go together, or did they go asunder?

Applegate. They went together, I think; I did not see them part oné from another.

Att. Gen. Pray, did you see my lord Mohun afterwards?

Applegate. No, I did not.

Att. Gen. What became of you afterwards? Applegate. I staid a little at the lower end of the square to take a pipe of tobacco, and when I had filled my pipe, I heard calling chairs, chairs, again, at the upper end of the square; and when we brought up our chair to the upper end of the fields, the first man that I did see was my lord of Warwick, who would have had us put over our chair within the rails; but we told him we could not get it over again if any one was put in it; but if they would come out into the square, there we were ready to carry them any where; and when we came to the upper end of the square, there was captain French, and we took him into the chair,

and he bid us carry him to the Bagnio in Longacre; and at Newport-street end he would have had us stop and pull off his cloaths, for he believed he was a dead man.

Att. Gen. Pray, who did you see there at the upper end of Leicester-fields?

Applegate. Nobody indeed, but my lord of Warwick and Mr. French.

Att. Gen. Nobody but them two? Applegate. No; nobody but them two. Att. Gen. Where do you say that was, that the calling for chairs was, and where you brought your chair?

Applegate. It was just at the upper end of Leicester-fields, by Leicester-house, and by the Standard-tavern.

Att. Gen. Who was it that you there took up?

Applegate. It was captain French. Att. Gen. Whither then did you carry him? Applegate. We were ordered to go to the Bagnio in Long-acre; and thither we, and another chair that carried my lord Warwick, did go and when we cane there, we did knock a good while before we could get any body up; and when they were let in, we came away, and were bid to call for our fare the next morning.

Att. Gen. Pray, where was it that you took up captain French?

Applegate. It was the upper end of all of Leicester-fields.

Att. Gen. Aud you went away with him, did you?

Applegate. Yes, as soon as ever we took him up; it was as soon as ever we could, at the outside of the rails. I was the first chair that, upon the calling for chairs after they came thither, was by the Standard-tavern, and from thence we went into Long-acre.

Att. Gen. Whereabout is the Standard-tavern?

Applegate. It is at the further end of the fields by Leicester-house; it is by Cranburnelane, which is the street that leads into Newport-street, and so into St. Martin's-lane; and then we were to go to the Bagnio in Long

acre.

L. H. S. My lord Mohun, will you ask this witness any questions?

L. Mohun. Yes, my lord, I have a question or two to ask him, I desire to ask him, Whether, when we were going along, and the chair in which capt. Coote was, turned up St. Martin's-lane, I did not call out to have him stop, and know whither they were going?

Applegate. Yes, my lord, you did. L. Mohun. Pray, whither did I bid you go, when you first took me up at Locket's?

Applegate. My lord Mohun bid me follow those chairs; but go down to Westminster, for he said they all three would go together, and lie together that night.

L. Mohun. My lords, I desire this man may be asked, Whether there were not several ways of going out of the fields, besides those of Green-street and the Standard-tavern?

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Applegate. Yes, my lord, no doubt there

L. Mohun. Then I will leave it to your lordships to make the observation; for there is no evidence that I was even seen in the field after I alighted out of the chair at Green-street end; and I hope your lordships do observe that he has told you, I was earnest in begging captain Coote to defer going to Leicester-fields till the next morning, and begged as heartily of him for it, as any beggar would do for an alms.

L. H. S. My lord, their lordships, no doubt, have made that observation; for he did say so. L. Mohun. My lords, I have no more to ask him.

L. H. S. Mr. Attorney, who is your next witness?

Att. Gen. Our next witness is Peter Ketro, who likewise was a chairman that carried my lord Mohun into the place where the fact was done.

[Peter Ketro was sworn.]

Att. Gen. Pray, will you acquaint my lords who you carried upon the 30th of October last, from the Greyhound-tavern to Leicester-fields?

Ketro. Upon the 30th of October last, in the morning (which was Sunday) very early, we were called to the door of the Greyhoundtavern, and when we came there, there were several other chairs there; for there was no coach, it seems, to be bad.

Att. Gen. And who was in your chair?

Ketro. My lord Mohun; and there were two other chairs that went away together, wherein were captain Coote and my lord Warwick.

Att. Gen. And whither did you go from thence?

Ketro. We went along the Strand, and when we came to the end of St. Martin's-lane, the chair that capt. Coote was in, we supposed by his order turned up the lane; for my lord Mohun had given us order to go down to Westminster; and then when we came there to the end of St. Martin's-lane, he called out to stop, and to have the other chairs stopt, and they stood still at the back door of the Crosskeys-tavern, which is at the end of St. Martin's-lane, and all the three chairs did make a stand at that place, and my lord of Warwick, and my lord Mohua and captain Coote talked together; and my lord Mohun did desire capt Coote to go down to Westminster, and to put off the business for that night; for nothing of business could be done: then my lord of Warwick did say, if they did go on he would go on with them; but my lord Mohun did endeavour to persuade them to go down to Westminster to lodge, for nothing could be done that night; but when the other three chairs passed by, on the other side of the way, and captain Coote would needs go forwards to Leicester-fields, my lord Mohun did bid us take up and follow them; and he said, if they would go, he would go and see what came of it; so we took up, and followed the other chairs, and went up the lape, and

into Green-street, to the lower end of Greenstreet next the square, and there our three chairs set down my lord Warwick, my lord Mohun, and captain Coote, and were discharged.

3 Att. Gen. And what became of them after? Ketro. There they went up upon the broadstones, up towards the upper end of the fields. Att. Gen. Did they all go together, or did they part?

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Ketro. They went together, for any thing I know; I saw no parting, and indeed it was so dark a night, that I cannot tell what became of them after they went out of the chairs: It was one of the darkest nights that ever I saw. Att. Gen. Well then, pray, what happened after that?

Ketro. I went to light my pipe of tobacco, and before we could light a pipe of tobacco, there was calling at the upper end of the square for chairs again; and so we went with our chair to the upper end of the fields; and when we came there, somebody called out to have us lift our chair over within the rails; but we told them, if we did so, we could not get it over again, if any body were put into it; and so we were bid to go to the end of the rails, in order to the getting out from that place, and getting in of any body that was to go into the chair; and when we came to the end of the rails we took up capt. French, and he bid us carry him to the Bagnio in Long-acre, and we did so; and at Newport-street end he would have had us have pulled off his cloaths, for he said he believed he was a dying man; but we carried him on to the Bagnio in Long-acre, and there came after us the lord of Warwick in another chair; and there we set them down.

Att. Gen. I have a question to ask you, friend; did you not see my lord Mohun after you set him down at Green-street end?

Ketro. No, indeed, not I: 1 did not after he went out of the chair.

Alt. Gen. Can you tell whither he went after he went out of the chair?

Ketro. No, I cannot tell whither he went; they all three went up the paved stones together; but whither they went I cannot tell.

Alt. Gen. Did you hear of any other chair that was at the end of the fields at that time? Ketro. There was another chair at that time, at the upper end of the fields.

Att. Gen. Did you hear them desire to take Mr. Coote into that chair?

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[Edwards was sworn.]

L. H. S. Mr. Attorney, What do you ask this witness?

Att. Gen. Pray do you acquaint my noble lords here, who you carried in your chair to Leicester-fields?

Edwards. Indeed, I cannot tell; there were three chairs that took up three persons at the Greyhound-tavern in the Strand, after three other chairs were gone away, and every one had a gentleman in them; I, for my part, did not know who was in our chair; but when we shut up the chair we were bid to go to the Standard-tavern in Leicester-fields; and thither we did go, and there we set down the gentle man that was in our chair, and away we went; and as we went up St. Martin's-lane, we passed by the three other chairs that turned up before, at the back-door of the Cross-key's ta

vern.

Att. Gen. Did you see the other three chairs in Leicester-fields afterwards?

Edwards. No, indeed, I did not; but went up to the Standard tavern, and set down the gentleman that was in our chair, and there left him, and went away.

Att. Gen. Pray, can you tell who it was that you carried?

Edwards. Indeed, I cannot very well tell ; but I believe it was captain James, or Mr. Dockwra.

Att. Gen. When you came to the Standardtavern, pray, what happened? What passed there?

Edwards. To the best of my knowledge, I took hold of the knocker of the door; and knocked at the door, and the gentleman came out and was set down there: and he gave me a shilling, and away I went with my chair.

Att. Gen. When you set him down at the Standard-tavern, pray, what did he say?

Edwards. He gave me a shilling, and bid me go about my business; and so we went

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