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I reniembor I oifer'd a Wager ac Caraways Coffee-Houfe, to a Gentleman here in Court. Hatfei/, Pray Dottor tell us your Opinion as to what the Seaman faid, and alfo to v. JAt Evan Sy My Lord, Mr Rogers hath a general Charafter in Sauthvfarl^^ for a very honefi man. Sir, pleafe to give m^ Lord and the Court an Account what you know of me.
hat Dr Shan (aid, whether Water m the Body will putrihe it. Wifyl defire you would pleafe to fpeak what you know of me. Co Kpery My Lord, becaufe thefe Gentlemen are Strangers in the Country, I think if in taking Court and gave his Evidence he went out in a triumphant manner, and boafted, that he by his manage- ment had done more againft thefe Gentlemen than all the Profecutors Witnef Tes could do befidcs 5 to add to that I have another piece of Evidence that I have been juft acquainted with. Mrhygoe^ My Lord, I have known all the 3 Gentlemen at the Bar, but particularly Mf Ro^frj and Mr Stevens from their infancy ; I have employ 'd them both in Bufinefs feveral times, and always found them fair Prafticers, and believe neither of fhem would be guilty of doing an ill AQ:. Sir, Pray give the Court an Account how 1 behaved my felf in your Service.
The Seamen are a fuperftitious People, they fancy that whiftling at Sea will occafion a Tempell ; I muft confefs, I never law any Body thrown over-board, but I have rried fome Experiments on other dead Animals, and they will certainly fink, we have try'd this fince we came hither. marfon a long time, and had always a good Opinion of him, I don't be- lieve 5000 /.
Now, my Lord, I think we have Reafon to fufpedl the Seaman's Evidence, for he faith, that Threefcore Pound of Iron is allow'd to fink the dead Bodies, whereas fix or feven Pounds wou'd do as well.
THE T R Y A L OF Spencer Cowper, Efq; John Marfan, Ellis Stevens, and William Rogers, Gent. of Arr, ^70U good Men that are empanell'd to enquire, ctt. Then Ellts Ste^hens^ William Rogers and John Mctrfon being upon Bail, Proclamation was made for them to attend, which they accordingly did, and Mr. Spencer Cozvper\io\A up thy hand, (which he did.) JJof-w 'Marfan hold up thy hand, (which lie did.) Ellis Stexensho Xd up thy hand, (which he did.) Wtil'tam Rogers hold up thy hand, (which he did.) You (land Indifled by the Names of Spencer Confer, late of the Pari/h of St.
Proclamation was made for all perfons concerned to attend CI.
AND The feveral Letters produced in Court, LONDON, Printed, and are to be Sold by the Bookfellers of Lmlm and JVeflminftsf, ( ^ ) The Tryal of Spencer Comper, Efq; &c\ I Die Mercurii i6 Julii, 1699.
Dr Garth, If a itrangled Body be thrown into the VV^ater, the Lungs being filled with Air, and a Cor-d left about the Neck, 'tis probable it may float, becaufe of the included Air, as a Bladder wou'd, bur here is neither Cord, nor any mark of it, nor notning but a common Stagnation. Hatjell, But you don't oblerve my Queftlon, the Seaman faid, that thofe that die at Sea, and are thrown over-board if you don't tye a weight to them, they will not fink. Dr Gurth, My Lord, no doubt in this they're millaken. Marfon ever fince he vvas two years old, and never faw him but a civiliz'd Man in my life 5 he was well bred up among us, and I never faw him given to Dc« bauchery-in all my life.
For that you not havinq God before your eyes, but being moved and feduced by the inftigation of the Devil, on the thir- teenth day of March, \fk the Eleven Year of the Reign of hisprefent Majefly, by force and arms, stt. Mr Cowpcr, My Lord, I am very tender how I take up your Lordflilps time, and therefore I will not trouble you with anymore witnelles upon this Head, but with your Lordftiips leave, I will proceed to call fome Phyfi- cians of note and eminence, to confront the learning of the Gentlemen on the other fide Dr.
at the Parif H aforefaid, in t He County aforefaid, in and upon one Sarah Stout Spinfter, in the Peace of God and our Sovereign Lord the King, then and there being, violently, felonioufly, voluntarily, and of your malice afore thought, did make an Aflault 5 and that you the aforefaid Spencer Qnvper, [}ohn Marfon, Ellis Stevens, and William Rogers, a certain'8.(5pe of no value, -ibdut the neck of the ai»d; my tord, I did Ibe a tjrea; deal of fro^h \h*\ Wflic ot hir m Qltth »nd n Qib-Ui- ♦* ~ ^ '^v Ccwper, Ml Cowpcr. 3orvui.'n, No, but loiue other Pcrlon did, it come out in a great quantity. , Sir, I was fummoned upon the Jury, upon the Coroners Inquell, and I perceived when I was there, that the fame ftuf F worked out of Mrs Stout s Noftriis, as worked out of the Childs. Hatfe U, What Child is that you fpeak of, is it tlic Child that was drowned in the fame place as Mrs Stout was ? Sloane, you were In Court when thefe Gentlemen delivered their Opinion concerning Mrs Stout's having no water in her, I defire you would give your Opinion in that matter.
He faith he was fent for to open her, upon an afperfion of her being fald to be with Child.
I agree •with him in what he fpeaks to that Point, but muft differ with him where he infers ftie was murther'd becaufe he found no great quantity of water in her, as alfo her Head extreamly mortify'd, but not her Lungs (Lungs and Bowels I think were us'd promifcuoufly.) Now, my Lord, as to the matter of putrefaftion, I think 'tis not much material whether there be any water or no in the Cavities of the Body, If water would haften putrefaftlon, it wou'd do It as well in the Lungs as otherwife ; there is always fome water In the lymphadufts there, the break- ing of which may be one occafion of Catarrhs.
Drunkards, who fwallow freely a great deal of Liquor, and thofe who are forced by the Civil Law to drink a very great quantity of Water,which in giving the Queftion (as 'ris call'd) is poured into them fey way of torture to make them confefs Crimes, have no fuffocatlon or drowning happen to them : But on the other hand, when any quantity comes into the Wind-pipe, fo as it does hinder or intercept the Infpiration, or coming in of the Air, which is neceflary for refpiratlon or breathing, the Perfon is fuf Focated.