State Trials, Political and Social. Volume 2 (of 2)
History
State Trials, Political and Social. Volume 2 (of 2)
Trials -- Great Britain
SMITH--I am surprised to hear it said by some of Mr. Goodere's
witnesses that sir John Dineley Goodere was mad. I knew him
fourteen or fifteen years, and conversed with him both in
person and by letter; but never discovered that he was in the
least disordered in his senses, I always took him to be a man
of sound understanding. On the Sunday before his death, he
expressed himself with a great deal of good nature and
affection at the sight of his brother.
_Shepard_ proposed to call evidence to show that the place where the
ship lay was not in the city and county of Bristol.
_The Recorder_ said that the evidence that had been given as to the
service of writs, proved that the King's Road was within the
jurisdiction, and it was admitted that the ship lay within the Road. If,
however, the prisoner could show that any part of the Road was, or ever
had been esteemed to be, within any other county than the county of the
city of Bristol, he would hear him. He then asked Mahony if he had
anything to say.
MAHONY--I hope your Lordship will consider that I was a poor,
pressed servant, and that I was drunk when I made the
confession, and I was frightened out of my wits.
MR. RECORDER--You say you were drunk when you made the
confession; it is possible, that night when you were taken and
brought before the magistrates you were in liquor, but it seems
your confession was not taken until the next day.
_Vernon_ then replied on the whole case; confining himself to pointing
out that if Goodere was abetting Mahony in killing Sir John, it made no
difference that he was not in the cabin at the time that he was killed.
_Shepard_ replied, trying to distinguish Goodere's case from those which
had been cited by Vernon, and suggesting that Goodere only brought his
brother on board the ship in order that he might take proper care of
him; but the Recorder stopped him, pointing out that he was going off
from the point of law to matter of fact. He said that he should tell the
jury that if they believed that Goodere stood at the cabin door to
prevent any persons coming who might prevent the murder, or to encourage
those within in the business they were about, they must find him guilty
on the indictment. He then recapitulated the facts in some detail, but
did not add any comment. He concluded by laying down the law as to
whether Goodere was an accessory to what was done, in the sense already
indicated, and told the jury that, in such a case as the present, they
would be well-advised not to attach much weight to the evidence given as
to Goodere's character.
The jury thereupon retired, and after a short space returned, and found
both the prisoners Guilty.
The next day Charles White was tried on a separate indictment for the
same murder. He pleaded Not Guilty, but was convicted, chiefly on the
evidence of Jones the cooper and his wife, and his own confession.
Public-domain text, read in full here on John Shaqi.
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