The trials of Samuel Goodere, Esq : Matthew Mahony, and Charles White, for the murder of Sir John Dineley Goodere, Bart. (brother to the said Samuel Goodere) on board His Majesty's ship the Ruby / [Samuel Goodere].

  • Goodere, Samuel, 1687-1741.
Date:
1741
Catalogue details

Licence: Public Domain Mark

Credit: The trials of Samuel Goodere, Esq : Matthew Mahony, and Charles White, for the murder of Sir John Dineley Goodere, Bart. (brother to the said Samuel Goodere) on board His Majesty's ship the Ruby / [Samuel Goodere]. Source: Wellcome Collection.

    41/60 (page 37)
    but being in the Cafe of a Capital Profecution, I would leave no Objedion iinanfwered that has the Icaft Dependanceon the Law ; and I agree, Sir, that in order to bring Mr. Gcodere within the Compafs of the Indiftment, he mult appear to have been prefent, as an Abettor, at the Perpetration of the Murder. The Law is extremely clear in this Particular, but then it is as clear, that if feveral Perfons are engaged in a Defign of murdering another, and one of the Party ftands upon the watch, at the Room or FIoufe-Door, whilft the rell aftually commit the Murder, he is, in the Judgment of the Law, preftnt at the Murder, and as much a Principal in it as the reft: and the Law is the fame, though he ftood at a confide- rable diftance from the Place where the Murder was committed, as at the Gate or the Lane's End j for it is not nectffary he Ihould be in Con/pecfa, if near enough at hand to embolden his Accomplices in the Murder, through the hopes of prefent AfTiftance, or Security from the Perfon upon the watch. And fo it is exprefsly laid down, in Lord Chief-Jullice Hcile'% Hiftory of the Pleas of the Crown, in the Chapter of Petit-Treafon ; where he fays, that if a Wife or Servant confpires with a Stranger to kill the Hufband or Mailer, and be in the fame Houfe v/ith the Stranger whilft he commits the Murder, the Wife or Servant is guilty of Petit-Treafon, though not in the fame Room where the Murder was committed. The fame Doftrine is laid down in ftcond Hawkins\ PI. Cor. 312, (whom as a living Au- thor I cite, only for the fake of the Authorities he has been at great pains in colleiting.) And the Cafe of Lord D^zcr? is full in Point: My Lord D^cr^-, W\xh Manfel and feveral others, went by Night into anothei's Park, unlawfully to kill Deer; my Lord waited about the Park-Gate upon the watch, whilft the reft went a quarter of a Mile into the Park, where they met and killed the Keeper; Lord Dacre^ though at fo great a dift-ance when the Keeper was kill'd, was adjudg'd a Principal in the Murder, and accordingly died for it. And agr ee- able to this, was likewife the Cafe of Berr}\ (the Porter of Soinerfet-houfe) wlio was con- cerned with Green, Hill and others, in the Murder of Sir Edmund-Bury Godfrey ; fome of them way-laid that worthy Magiilrate, and having inticed him into the Yard leading to Somerfet-houfe^ Green, /////and others ftrangled him. 5^'^r)'v/as one of their Gang, and whilft the others were committing the Murder, ftood at a great diftance from them on the watch, upon the Stairs leading to the upper Court of Soynerfet-houfe : he was indidied with G}'een and Hill, as being prefent and abetting the Murder, and upon this Evidence was con- vifted and executed. Gentlemen of the Jury, in the Cafe now before you, it is fully made out in Proof, that the Deceafed was under one continuing armed Foice, from the Inftant of his being feized to that of his Death ; and that his Brother (the Prifoner Mr. Goodere) put and kept him under that Force. Then, Gentlemen, Mr. Goodere^ difplacing Buchanan. from the Cabbin Door, and placing himfelf there in his ftead, with the drawn Sword in his Hand Mahony^ entring into, and being let out of the Cabbin, whilft Mr, Goodere kept guard at the Door ot it; Mr. Goodere waving his Sword at Macguinis, and handing in the Candle ; the dying Outcries of his Brother (which could not but reach his Ears, though not his Heart) and other black Ingredients in this dreadful Cafe, are an undeniable Proof that Mr. Goodere was concerned with Mahony and White as their Accomphce in his Bro- ther's Murder, and took his ftand at the Cabbin-door with no other intent than to em- bolden and afllft them in the perpetration of that cruel A6t, and keep off others from coming to his Brother's Relief, or from difturbing them in the fatal Bufinefs they were about. Under which Circumftance he is guilty in the fame degree as Mahony; and in the Eye of the Law looked upon to have been as much prefent at his Brother's Death (as an Abettor of the Murder) as if he had ftood by the Bed-fide and held the Sword over his Plead, whilft Mahony was ftrangling him. So that, Gentlemen, I apprehend we have made good the Indiftment againft both the Prifoners, by clear and convincing Evidence ; and therefore doubt not but their Guilt will ftand recorded to future Ages by the Juftice of your Verdi6t. Mr. Shephard. Mr. Recorder, will you pleafe to indulge me a Word as to the Point of Law ? Mr, Vernon mentions, in the Cafe of the Park that he has taken notice of, the Lord Bacre and his Party came by Night unlawfully to kill Deer, and therefore the Law prefumed they all came with an intent to oppofe all that fliould hinder them in that De- fign ; and fo when one killed the Keeper, it muft be preiumed the Act of all, becaule purfuant to that Intent. But whether the prefent Cafe is circumftanced as that Cafe, ought to be confidered. I do admit that Mr. Goodere was down in the Cock-pit at the time this Faft was done, and he was certainly obliged (as hath been obferved) by the Law of Nature to take care of his Brother, But if he had no other Intention of carrying him on board the Ship, than to fecure and take care of him as a Perfon whom he looked upon as difordered in his Senfes, and with a view of reducing him to Reafon ; then furely Mc- Goodere'^ Cafe is very different from the Lord Bacreh. And that, Mr. Goodere did look upon his Brother to be fo L Mr.