The tryal of Spencer Cowper, John Marson, Ellis Stevens, and William Rogers, Gent : upon an indictment for the murther of Mrs. Sarah Stout, a Quaker. Before Mr. Baron Hatsell, at Hertford Assizes, July 18. 1699. Of which they were acquitted. With the opinions of the eminent physicians and chyrurgeons on both sides concerning drowned bodies, delivered in the tryal. And the several letters produced in court.

  • Cowper, Spencer, 1669-1728.
Date:
1699
Catalogue details

Licence: Public Domain Mark

Credit: The tryal of Spencer Cowper, John Marson, Ellis Stevens, and William Rogers, Gent : upon an indictment for the murther of Mrs. Sarah Stout, a Quaker. Before Mr. Baron Hatsell, at Hertford Assizes, July 18. 1699. Of which they were acquitted. With the opinions of the eminent physicians and chyrurgeons on both sides concerning drowned bodies, delivered in the tryal. And the several letters produced in court. Source: Wellcome Collection.

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    man, and a man of good Converfation, Mr- Bar. Hatfell, Well Mr. Stevens, what do you fay ? Mr. Stevens, I deiire Sir Robert Auflin to give an Account of me. Sir Robert Auflin, 1 have known Mr. Stevens many Years ; his Brother is Captain in a neighbouring County, he is reckon'd not only an horjeft man in hisPraftice, but has the general Char*fter of a gooi- natur'd man ; and he is fo far from being a Perfon likely to do fuchan Aftion, that for a younger Bro- ther he was very well provided for ; liis Father left him i ooo /. and he is Clerk of the Papers, which is reputed worth 100/. per Ann. and is in good Practice befides. fury-man, I have known him feveral Years, and he hath the fame Reputation Sir Robert hath given him. Sir John Shaw, / know Mr. Stevens, and his Brother Captain Stevens: As to this Gentleman he hath always behav'd himfelf well in our Country, and hath the Character of an honeft Gentleman Mr. Evans, I have known him thefe eight Years, and to be a very civil Perfon, and well educated, and never heard but a good Character of him ; I have alfo known Mr. Mar/on thefe Ten Years, and ne- ver faw any ill by him, and do believe, that he or the other would not have done fuch an ill thing to have gain'd this County. Air. Menlove, My Lord, Mr. Stevens was myClerk, and behav'd himfelf very honeft with me. And fince that, I have kept a Correfpondence with him, and I believe he would not do fuch a thing for all the World. Mr. Bar. Hat fell, Call fome body to fpeak for Mr. Rogers, if there be any. Mr .Evans, My Lord, Mr, Rogersh&th a general Clurafter in Southwark for a very honeft man. Mr. Rogirs, Pray call Mr. Ly$oe. Sir, pleafe to give my Lord and the Court an Account what you know of me. Mr. Lygoe, My Lord, I have known all the 3 Gentlemen at the Bar, but particularly Mr. Rogers and Mr. Stevens from their infancy; I have cmploy'd them both in Bulinefs feveral times, and always found them fair Prafticers, and believe neither of them would be guilty of doing an ill Aft. Mr. Rogers, Call Mr. Thurlby. Sir, Pray give the Court an Account how I behav'd my felf in your Service, Mr. Bar. Hatfell, Come Mr. Thurlby, what do you fay of Mr. Rogers ? Mr, Thurlby, My Lord, Mr. Roger* liv'd with me about eight Years, in which time I frequently Crufted him with very great Sums of money ; I ever found him juft and faithful, and can't believe that any money could tempt him to do an Aft of this kind. Mr. Jones, My Lord, we muft inlift upon if, that Mr. Ctwper hath given a different Evidence now from what he did before the Coroner ; for there he faid he never new any Diflraftion or Love-fit, or occafion fhe had to put her upon this extravagant Aftion. Now here he comes and would have the whole Scheme turn'd upon a Love-fit. Gall John Mafon, . (who was /worn) Mr. Baron Hatfell,,W'hat do you fay, Sir, to this matter? Mr. Stout, When Mr. Cowper was examined before the Coroner he was ask'd, if he knew of any reafon why fhe fhould do fuch a thing, and he faid, lhe was a very modeft Woman, and he knew no caufe why {he Ihould do fuch a thing asthis. John Mafon, was you by when Mr. Cowper gave Evidence before the Coroner ? Mafon, Yes. Mr. Stout, What did he fay ? Mafon, He faid he did not know any thing was the caufe of it, but fhe was a very modeft Perfon* Mr. Jones, Was he upon his Oath? Mafon, Yes, he was. Mr. Baton Hatfell, When did he fay this ? Mafon, 'Twas the fame day that ftte was found. Mi. Janet , r>;a tkpy ask him any Queftion, if he knew any Perfon that fhe was in love with ? Mafon, He faid he knew Uui uf mud tats Name was snarfitatt, and Mr. Marjball told him that he was always repulfed by her. Mr. Stout, I defire John Archer may be ask'd the fame queftion, (who was fworn) Mr. Jones, Was you prefent with the Coroner's Inqueft 1 Archer, Yes. Mr. Jones, Was Mr. Cowper examined by them ? Archer, Yes, he was. Mr. Jones. What did he fay concerning Mrs. Stout then ? Archer, They ask'd him if he knew any occafion for Mrs. Stout's Death, and he faid he knew nothing of it, or of any Letters. • Mr. Cowper, Then I muft call over the whole Coroner's Inqueft to prove the contrary; Mr. Baron Hatfell, Did they ask him concerning any Letters ? Archer, They ask'd him if he knew of any thing that might be the Occafion of her Death. Mr. Baron Hatfell, I ask you again if they ask'd him if he knew of any Letters ? Archer, My Lord, I don't remember that. Mr. Stout, I would have call'd fome of the Coroner's Inqueft, but I was ftopt in it. Juryman, We have taken Minutes of what has palled, if your Lordfhip pleafe, w« will withdraw. Mr. Baron Hatfell, They muft make an End firft. Mr. Jones, If your Lordlhip pleafe, we will call one Wirnefs to falfify one piece of their Evidence, a;id that is one Vv idow Larkin. (who was fworn) Mr. Jones Do you remember one Mr. Rutkins being at your Houfe ? Larkin, Yes. Mr. $ ones, At what time did he come in ? Larkin, Between 9 and 10 of the Clock. Mr. fones, Was the Marftial then in the Houfe ? Larkin, No, the Marflial did not come till an Hour after. Mr. Jones, Did he not go out afterwards ? Larkin, Not that I know of. Mr. Rutkins, I am fatisfied it was paft 11 when I came in. Mr. Bar Hatfell, It is likely it may be true, for I believe they did not keep very good Hours at that time. Mr. Stout. I defire to call ibme Witneffes to ray Sifter's Reputation. Mr. $ones, My Lord, they would call WirneiTes to this Gentlewoman's Reputation ; I believe the whole Town would atteft for that, that fhe was a Woman of a good Reputation ; indeed they have produced fume Letters without a Name, but if they infift upon any thing againft her Reputation we muft call our Witnefles. Mr. Baron Hatfell, I believe no Body difputes that fhe might be a virtuous Woman, and her Brains might be turn'd by her Paflion, or fome Diftemper. Gentlemen of the Jury, you have heard a very long Evidence, I am fure that you can't expeft that I fhould fumm it up fully ; but I will take notice of fome things to you, that I think are moft mate- rial, and if I omit any thing that is material, I would defire Mr. Jones (that is Council for the King^ .tnd Mr. Cowper, to put me in mind of is. The