Att. Gen. What time was it that you viewed the body by the order of the coroner?

Salm. I saw the body at seven a-clock on Sunday night.

Att. Gen. If my lord of Warwick desire to ask him any questions, he may.

E. of War. My lord, I desire to ask him, whether any of the wounds were large enough to be made by a sword run up to the hilt?

Salm. No, my lord, sure they were not.

E. of War. My lord, I desire to know of him, whether both these wounds were given before or behind?

Salm. I can only tell you the length and depth by following of the probe; the one was downwards, and the other upwards.

Att. Gen. Do you suppose both those wounds were given when the person was standing, backward or forward?

Salm. It is impossible to tell how they were given, because of the variety of the postures of the body in the divers capacities thereby of receiving the wounds.

Att. Gen. Pray, can you tell whether they were given by one and the same sword, or no? Salm. Indeed I cannot tell.

Att. Gen. Do you know any thing to the contrary?

Salm. I cannot say any thing for it or against it.

E. of Kingston. My lords, this witness, if I apprehend him right, says, the wound on his side was a large wound.

Salm. Yes, a very large wound, of the length of about three quarters of an inch at the orifice, and five or six inches deep.

E. of Kingston. I desire he may tell whether that wound could be given by any other than a broad sword?

Salm. I cannot tell that.

E. of Rochester. Indeed, my lords, I would have him asked this question again; I know not whether he can answer it or no; but I gannot but think it is proper to have some account of this matter. In all enquiries before the coroner, there is a judgment to be made of the nature of the wound, in order to form the indictments, and that the jury may know with what sort of weapon it was made; and it is his profession as a surgeon to know such matters.

L. H. S. Mr. Salmon, you hear what is required of you by my noble lords, and the observation which is made. You are the surgeon sent for by the coroner on purpose to inspect this body; and when you did so, it was incumbent upon you to consider and give information, as well with what sort of instrument the wound was given, as the length and depth of the wound, that the jury might consider upon all the circumstances of the occasion, and manner of the party's death and my lords would YOL, XIII.

Salm. I cannot say that I saw any difference between the orifices, as to the nature of the instrument they were given with, nor whether they were made by one and the same sword or no; only the one orifice was bigger than the other; that of the side was bigger than that at the collar-bone.

L. H. S. Then so far we have light (if I apprehend you rightly), the orifice of the upper wound was not near so wide as that of the lower; but it seems to be much, in one of your profession, not to be able to judge whether the wounds were given with the same sort of sword when there was such a difference in the orifices.

Salm. That below was a deeper wound; and there was a considerable difference between the largeness of one and the other.

Lord Audley. My lords, I desire he may tell your lordships how far backward the wound in the side lay.

Salm. It was directly on the left side, immediately under the two last ribs, and past through the diaphragma.

M. of Normanby. Pray, my lords, let him point with his finger whereabouts it was.

L. H. S. My lords would have you shew them with your finger, whereabouts it was. (Which he did.)

E. of Warw. It is a very material question for me, that he should answer, whether he did believe that one and the same sword might not give both wounds.

Salm. I cannot say any thing of it one way or other; but one wound went much further than the other, because it was in a fleshy part; and in such a case, the further the sword goes in, it makes the wound larger.

Att. Gen. Then our next witness is Stephen Turner, who was Mr. Coote's man; and he will give you an account what sword his master had, and where he found it.

[He was sworn, a sword was shewn him.]

Turner. This was my master's sword, Mr. Coote's; and I never saw it after he went out in the morning, till I saw it in the hands of the constable, and afterwards before the coroner. Att. Gen. What time did you hear of your master's death?

Turner. It was about nine a-clock next morning that I heard he was dead.

Att. Gen. Where was your master's body? Turner. It was in St. Martin's-lane.

Earl of Tankerville. I would desire he might be asked, whether his master used his left hand or his right?

Turner. I do believe he was a right-handed man. I did never see him fence. It was on the Sunday morning that I went to the Roundhouse, where I found my master dead.

E. of Warw. I desire he may be asked, whether he has not observed a particular kindness and friendship between his master and me?

tried on the same indictment now before your lordships; and it was then opened and attempted, as now it is, to prove it upon me also; and by most of them the same witnesses who have now appeared; and they were thereupon convicted only of manslaughter, which could not have been, if I had been guilty of murder. And on that trial it plainly appeared that Mr. French was the person with whom he quar relled, and who killed him. And now. I will call my witnesses.

L. H. S. Will your lordship please to go on to call your witnesses, for the proof of what you have said; that is the method, and then you are to make such observations as you please.

E. of War. My first witness is capt. Keet ing, who was with me at Locket's, but went away before capt. Coote or any of them came; and he will tell you I was with him a while.

[Then captain Keeting stood up.]

L. H. S. Capt. Keeting, you are not upon your oath, because the law will not allow it. In cases of this nature the witnesses for the prisoner are not to be upon oath; but you are to consider that you speak in God's presence, who does require the truth should be testified in all causes before courts of judicature; and their lordships do expect, that in what evidence you give here, you should speak with the same regard to truth as if you were upon oath; you hear to what it is my lord of Warwick desires to have you examined, what say you to it?

the upper room, and I proposed to send three bottles of wine to my own lodging, and to carry him thither to prevent the quarrel. But while the company stopped to call for a glass of ale at the bar below, Mr. Coote (whose unfortunate humour was sometimes to be quarrelsome) did again provoke Mr. French to such degree, that they there drew their swords; but we then prevented them of doing any mischief: then Mr. 2 Coote still insisting to quarrel further with Mr. French, my lord Mohun and I proposed to send for the guards to prevent them: but they had got chairs to go towards Leicester-fields; and my lord Mohun and I, as friends to Mr. Coote, and intending to prevent any hurt to him, did follow him in two other chairs; and as he was going up St. Martin's-lane, stopped him, and I extremely there pressed him to return and be friends with Mr. French, or at least defer it, for that the night was very dark and wet; and while we were so persuading of him, Mr. French in one chair, and Mr. James and Mr. Dockwra in two other chairs past by us, (which we guessed to be them) on which Mr. Coote made his chairmen take him up again, and because the chairmen would not follow Mr. French faster, threatened to prick him behind; and when we were gone to Green-street, and got out of our chairs, Mr. Coote offered half a guinea to be changed to pay for all our three chairs, but they not having change, he desired lord Mohun to pay the three shillings, which he did. And in a few minutes after, Mr. Coote and Mr. French engaged in the fields, whither I went for the assistance and in defence of Mr. Coote, and received a very ill wound in my right hand; and there this fatal accident befel Mr. Coote from Mr. French, whom Mr. Coote had dangerously wounded, and I must account it a great unhappiness to us all who were there: but so far was I from encouraging of it, that I will prove to your lordships that I did my utmost endeavours to prevent it; so far from any design upon him, that I exposed my own life to save his; so far from prepense malice, that I will, by many witnesses of good quality and credit, prove to your lordships a constant, good and uninterrupted friendship, from the first of our acquaintance to the time of his death; which will appear by many iustances of my frequent company and correspondence with him, often lending him money, and paying his reckonings; and about two months before his death lent him an hundred guineas towards buying him an ensign's place in the guards, and often, and even two nights before this, he lodged with me, and that very night I paid his reckoning. And when I have proved these things, and answered what has been said about the sword, and what other objections they have made, I doubt not but that shall be acquitted to the entire satisfaction of your lordships, and all the world that hear it.

Before I go upon my evidence, I will erave leave further to observe to your lordships, that at the Old Bailey, when I was absent, Mr. French, James, and Dockwra, have been all

Capt. Keeting. My lord, I will tell your lordship all the matter I know of it. I met with my lord of Warwick that evening at Tom's Coffee-house, and we continued there till about eight at night; I went away to see for a gentleman that owed me money, and afterwards I went to Locket's; and while I was there, the drawer came up and told me, my lord of Warwick desired to speak with me; and when he came up into the room, he said he was to meet with my lord Mohun there, and capt. Coote, and he asked me if I knew where capt. French and capt. James were; I told him I dined with capt. Coote at Shuttleworth's; and in a while after, capt. Coote came in, and about an hour and an half, I think, I continued there, and capt. French came in; capt. Dockwra and we drank toge ther for an hour and an half, and they admired, about ten o'clock, that my lord Mohun was not come; and I payed my reckoning, not being very well, and away I went home; Mr. James came in just before I went away; but there was no quarrelling, nor any thing like it before I went away.

E. of War. My lord, I desire he may he asked, Whether we did not usually meet there as friends, especially capt. Coote and I?

Capt. Keeting. Captain Coote and my lord of Warwick used to be almost every day to gether at that place.

E. of War. Pray, did he ever know or obs serve any difference or quarrel between capt Coote and me?

Capt. Keeting. No, my lord, I never saw any thing but the greatest friendship between my lord of Warwick and captain Coote that could be; I was with them, and saw them together almost every day.

L. H. S. Have you any thing further to examine this witness to ?

E. of War. No, my lord, I have no other question to ask him.

L. H. S. Who is your next witness, my lord?

E. of War. My lord, I suppose I shall not need to trouble you to examine the chairmen over again; your lordships have heard what they can say: 1 desire colonel Stanhope may be called.

[Who it seems stood by the Chair of State, and it was some while before he could get round to come to the place where the witnesses were to stand.]

L. H. S. While this witness gets round, if your lordship has any other witness ready to stand up, pray let him be called.

E. of War. To prove the kindness between capt. Coote and me, I desire col. Blisset may be called. [Who stood up.]

L. H. S. What is it your lordship asks this witness, or calls him to ?

E. of War. To testify what he knows of any kindness or unkindness between capt. Coote and me; whether he has not been often in our company?

L. H. S. Have you been often in company with my lord of Warwick and capt. Coote?

Col. Blisset. Yes, my lord, I was very well acquainted with both of them for a twelvemonth past before this accident, and I have often been in their company, and always ohserved that there was a great deal of friendship and kindness between them.

E. of War. My lord, I desire he may tell any particular instance that he knows or can remember.

Col. Blisset. I remember when capt. Coote had his commission in the regiment of guards, he was complaining of the streightness of his circumstances; he was to pay for his commission 400 guineas, and said he had but 300 for to pay for it; and my lord of Warwick did then say to him, do not trouble yourself about that, or let not that disturb you, for I will take care you shall have 100 guineas, and he said he would give order to his steward to pay bim so much; and I was told afterwards that he did so.

E. of War. I desire he may tell, if he knows of any other particular instances of my friendship to Mr. Coote?

Col. Blisset. Once when he was arrested by his taylor for 137. my lord lent him five guineas, and used very frequently to pay his reckoning for him.

E. of War. I desire he may tell, if he knows any thing else; and whether he has not lain at my lodgings, and particularly but some small time before this accident happened.

Col. Blisset. About ten days before this unhappy accident happened, I was at my lord of Warwick's lodgings, and when I came there I found capt. Coote a-dressing himself; and lasked him how that came to pass, and they told me they had been up late together, and that he had sent home for his man to dress himself there; upon which I did observe that they had been a rambling together over night; and there was a very great familiarity between them.

E. of War. Did you observe any quarrel between us?

Col. Blisset. No, none at all; I never knew of any quarrel between my lord of Warwick and capt. Coote, but I observed there was a particular kindness between them; and a great shewed to him, in paying of reckonings for deal of friendship I know my lord of Warwick him, and lending him money when he wanted.

E. of War. My lord, I desire he may be asked, whether he does not know that capt. Coote was straitened for money?

Col. Blisset. I did hear capt. Coote say, that he had not received any thing from his father for 13 months, and his father was angry with him, and would not send him any supply, because he would not consent to cut off the entail, and settle two or three hundred pounds upon a whore he had.

Alt. Gen. Pray, Sir, will you consider with yourself, and though you are not upon your oath, answer the questions truly, for you are obliged to speak the truth, though you are not sworn, whenever you come to give your testimony in a court of judicature; pray, acquaint my noble lords here, whether you did never hear my lord Warwick complain of capt. Coote?

Col. Blisset. No, I never did hear him complain of him.

Att. Gen. Did you never hear the least word of any quarrel between them?

Col. Blisset. No, indeed, I did never hear of any quarrel between them.

Att. Gen. Did you never hear of any unkindness at all?

Col. Blisset. No, indeed, my lord, not I: I never so much as heard of the least unkindness whatsoever.

L. H. S. Well then, my lord, who do you call next?

E. of War. Now colonel Stanhope is here, I desire he may be asked the same question, whether he does not know the particular friendship that was between capt. Coote and me, and what instances he can give of it?

L. H. S. You are to consider, Sir, though you are not upon your oath, you are in a great court, and under no less strict obligation to testify the truth, and nothing but the truth: You hear what my noble lord asks you.

Col. Stanhope. My lord, liave known my lord of Warwick and capt. Coote for about a twelvemonth, and I did perceive that they did always profess a great kindness for one another.

E. of War. I desire to know of him, whether he observed any particular friendship be