A Copy of a Letter, containing an Account of the Murder of Capt. Robert Mead, on the 19th of August last, by Burrus Gradon, who was tried for the same at the Kings-Bench-Bar in Dublin, the 15th of November, after, and found Guilty of Manslaughter only; together with a Copy of a Letter sent the Jury, and some Reflections on the Verdict.  
Dublin Decemb. the 10th. 1692. Brother,  
THAT I did not writ to you since I received yours, is excusable from the great affliction I have lain under, I suppose you may have heard the occasion, but not have had so full an Account as I am able now to give you, of the Murder of Mr. Mead, and the trial of him that did it, and I thought it would not be unacceptable to you; in my last I  told you he was in England, and you might expect to see him, but he returning about the 14. of August, had the misfortune to come over in the same Ship with one Burrus Gradon, who in a few days after basely Murdered him, the Jury of Inquest, Sir Humphrey Jervis, and Ald. Smith being Coroners, on a full hearing of the Evidence, found it wilful Murder: I must own that not withstanding there was great interest made to the L. Chief Justice of the Kings Bench to Bail him, he being made senceable of the Crime refused it, so that he continued a Prisoner to the trial, which was the 15 of Novemb. I expected he would have challenged many of the Jury, but indeed he challenged none. The Jury being sworn as they appeared, were, 

Ald. Walter Mottly, Foreman.  
Ald. Anthony Pearcy,  
Ald. Mark Ransford,  
William Eager, Merchant.  
John page., Merchant.  
James Huetson, tailor.  
John Henrick, Baker.  
Edward Brock, Carpinter.  
Robert Withirill, Apothecary.  
Robert Constantine, Apothecary.  
John Holdsworth, Harnis-maker.  
George Persons, Cutler.   

The Judges were,  
Sr. Richard ●enalas, Ld. C. Just.  
Sr. John Lindon,  
Sr. Henry Eclin,   

Council for the King were,  
Sr. John Mead,  
Mr coat the Recorder,  
Mr. Donnoson,  
Late sergeant Brodekick.   

The Witnesses examined were.  
Mr. Joseph Hutchi 〈…〉  
mayor Edward 〈…〉  
Coll. John A 〈…〉  
Mr. Burly 〈…〉  
Mr. Powel Corp 〈…〉  
Stephen As 〈…〉  
Ald. John Smith, one 〈…〉    
There was nine Witnesses more to have been Examined, but being capable only of 〈…〉 the other had said, was thought needless by the Kings council.  
1. Joseph Hutchinson being duly Sworn, said, That having occasion to speak with found him with Coll. Allen, Robert Mead, Burly Cuff, and the Prisoner Burrus Gradon 〈…〉 Tavern, that the said Dean desiring him to stay Supper, he did; that asking the said 〈…〉 Mother and Brother did, he said they were unkind to him; the Deponant said he was for 〈…〉 be a misunderstanding between so near Relations, the said Gradon said he would be re〈…〉 would go down and drive his Mothers Sheep, and he had got that for his Brother, laying 〈…〉 on his Sword. Further said the said Gradon, being Impertinent in his discourse; saying, Ir〈…〉 〈…〉ed to the Irish, and they had more right to it then the English, and if they could get it by 〈…〉 they ought to keep it Liberty, vilifying our Fleet, and extoleing the French Fleet; the said 〈…〉 opposing him in his discourse, whereupon the said Gradon put back his Chair, and laid his ha 〈…〉 Sword to draw, the Deponant started up and drew his, the Company partend them, and the sa〈…〉 〈…〉don begged the Deponants pardon, and said he did not care what he did; was very uneasy to the 〈…〉pany, and that the Deponant left the Company about one of the Clock.  
2. mayor Dean being Sworn, said; That Coll. Allen, and Robert Mead coming to his house that morning to see him, he would have had them a stayed Dinner; the said Allen said he had business at Stillorgan, and he did not care for dineing, the Deponant  told them if they would meet him at 5 a Clock in Copper-ally, he would sand some Rabbits for Supper, they promised they would; the Deponant at the hour went to the place, but they not being there, and the Wine not good, he sent the R●bbits to the Garter Tavern, and looking for them, he found them at Potters, and the Prisoner Gradon with them, that they went together to the Garter, that some time after came the abovesaid Hutchinson, Mr. show,( who went away soon) and Burly Cuff; that the said Gradon had been very uneasy to the Company, that the aforesaid quarrel happened with Hutchinson, that the Deponant began a Health to the prosperity of King William and his Forces, and confusion to his Enemies; that the said Gradon refused to drink the said Health, persisted in his impertinencies, saying Ireland belonged to the Irish, and they had a better right to it then we, and if they could get it they ought to keep it; undervaluing our Fleet, and highly extoling the French Fleet, and their Bravary and Courage, and that we had no advantage of them during the fight, that what advantage we had was accidental the next day, &c. That Mr. Mead said, Mr. Gradon you are mistaken in your Company, I believe you are for King James, but we are for King William, we have all taken his Commission to serve him, and your discourse is ungrateful, that the said Gradon said, that he had served King William in the Fleet, but had not been presered; the said Mead answered, their was none there but had served him much more then he, without hopes of preferment, otherwise then it was their duty both to King and Country; that the said Gradon called the said Mead a Rascal, that the said Mead said I am no Rascal and will have satisfaction; that Col. Allen went between them to prevent them, and  told Gradon he would have him ask Mead pardon, for had he the said Allen given such language to a Porter, he would ask his pardon, but the said Gradon would not, that they deferred it till next morning, that repairing to their Lodgings, the said Allen and Mead and the Deponant came forth together, that they were stopped by the sentry; that the Corporal came to them and passed them; that the said Mead and Gradon crossed the street, and went a door or two higher, that the Deponant hearing the Swords clash, drew his, and run towards them; that coming near he saw Mr. Mead stooping looking for his Sword, and the said Gradon running him through stooping, that running to the said Mead, he said, I have lost my Sword, and am killed; that being lead to his Lodging he dyed as soon as his clothes were opened.  
3. Coll. Allen being Sworn, said, That sending for Mr. Mead in the morning, they went to see Mr. Dean, not having seen him since they came out of England; that the said Dean would have had them a stayed Dinner, but the Deponant having business at Stillorgan, said he must go thither, and did not care for Dineing; that the said Dean said he would sand some Rabbits to Copper-ally, and they would Sup together; that the said Mead and Deponant came from Stillorgan, and lighted at the upper end of Fishamble street, about 5 a Clock; that the said Gradon came to them, and they went to Potters, where they had a Tankard of Ale; that the said Dean came to them, and took them to the Garter; that Gradon and Hutchinson had the aforesaid quarrel and were partend; that the said Gradon said Ireland belonged to the Irish, and if they could get it by the Sword they ought to keep it, for they had better right to it then the English; that he villifyed the Fleet, and extoling the braveness and courage of the French, saying we had no advantage, but what was accidental the next day, &c. That the said Mead said, you 〈…〉 an ill man, I believe you are for K. James, but we are for King William, &c. The said Gradon said, 〈…〉 served the King in the Fleet, but had not been preferred; the said Mead said, there was none there but 〈…〉 the King much more, without hopes of preferment, otherwise then it was their Duty both to King and 〈…〉 t the said Gradon called the said Mead Rascal, that the said Mead said, he was no Rascal, 〈…〉 old have satisfaction; that the Deponant rose up and went between them, desiring the 〈…〉 o be passionate, and withal  told the said Gradon he ought to beg the said Mead pardon, 〈…〉 such language to a Porter, he would ask him pardon, but he would not; that the De 〈…〉 d them to defer till morning, in hopes it might have been prevented; that coming 〈…〉 ad, and the Deponant was together; that they were stopped by the sentry, who called 〈…〉 hat after the Corporal passed them, he heard the Swords clash; that when he came to 〈…〉 ral was in as soon as he; that the said Mead was wounded, and Gradon's Sword in the 〈…〉 ands gript on the blade: that the said Gradon went away, but the deponant called to 〈…〉 ure him: that the said Mead being lead to his Lodging, dyed in a quarter of an hour. 〈…〉 Cuff being sworn, said to the same purpose.  
〈…〉 the Corporal being sworn, said, that being called by the sentry, he came, and bidding 〈…〉 d one advance; the said Gradon, the Prisoner at the Bar advanced; the deponant asked 〈…〉 y were going, he said to their Lodgings hard-by, he bid them good night, and withdrew; 〈…〉 while, and two of them crossed the street, and one said, lets withdraw from the face of the 〈…〉 h he believed was Mr. Mead; that they drew a little higher and stood under the side of the 〈…〉 rest standing at a little distance, and the Deponant by his sentry: that he heard Swords clash 〈…〉 one Sword fly, and fall with a force on the ground, that he run to them, and found the said 〈…〉 ith his two hands gript on the blade of the said Gradon's Sword, which was bloody to the Hilt, 〈…〉 etting the Sword fall out of his hand, it was taken up by the Deponant; that the said Mead being 〈…〉 ken to his Lodging dyed immediately; that the said Gradon being taken to the Guards, where the Sword was, owned it to be his that the Sword of the said Mead flew as high as the pent-house, and was taken up two houses higher then where he was killed.  
6. Mr. Aspole Chyrutgion, said, that being called to dress the said Mead, he dyed as soon as his cloths were opened, that the Sword went in 3 Inches above his left Pap, and came out slanting behind, and a very large wound.  
7. Ald. Smith, one of the Coroners being sworn, and produceing the Sword to the Court, said, that Sword was owned by the prisoner, before the Jury of Inquest; that the wound went in above the left pap and came out at his back behind, being a very large wound, the blood sticking on the Hilt.  
The Prisoner called one of the Drawers of the Tavern, to ask whether he did not stay in the Tavern behind Mr. Mead, who said he did; as also Mr. Deans man, Capt. Bon▪ Burton, and Mr. Robert Twig; but they could say nothing that could avail.  
The Kings council with a great deal of Modesty and Moderation, each of them repeated the Evidence, explained the Law, not being willing to stretch a Title, to the prejudice of the Prisoner, as they said; but obliged to discharge themselves of the Blood of him that was killed, that called for Justice as much as the other, and laid it so plain, that the Prisoner called to the Judges, and said, he perceived the Kings council intended to make it Murder, and desired liberty of council, which was refused.  
The Court with as much Justice and Caution, summed it up to the Jury, and wished the Prisoner had been so happy, as to have any one to prove a provocation, but it appeared so much otherwise, that all provocation and Murder to proceed from himself; they  told the Jury the Law, and likewise their Opinion of the matter of Fact was Murder, but thanked God the Jury was to be the Judges, not they.  
The Jury withdrew, and in a few minutes returned, with a Verdict, Guilty of Manslaughter, to the admiration of most in the Court; tho I had endeavoured to prepare myself for it, not knowing the Evidence would appear so clear against him; I must confess it was a great surprise to me.  
I brought my appeal of Manslaughter, my council being of an Opinion, that an appeal of Murder would not lie in this Kingdom, Murder being Treason, and no appeal in Treason; but those proceedings here not being usual, the Court took some time to consider it; and after 2 or 3 days attendance, was pleased( directing their discourse to me) to repeat the trial, with Resentments, no way dishonourable to Mr. Mead, and reproachful to his Murderer: They  told me I did well in endeavouring to right the blood of my Husband, but an Appeal was a nice thing, &c. I  told them if they would be favourable to me in the Niceties, and forward it to a speedy issue, that it might not be a more punishment to me then the Murderer, I should not think much of the Charge, or pains of attendance; not that I desire it out of Revenge, but thought it my duty, and should be pleased to be Instrumental, in laying some Example that might be a check to that, which was one of the greatest sins of the Nation; most Murderers coming off by the Verdict of Manslaughter, without punishment; by which abuse it is better kill a man then beat him, if he ●eat him, the Law allows satisfaction according to the abuse, but killing there was none, burning in the Hand ●eing commonly pardonned: The Court  told me they would allow my appeal, and likewise favour me as much as lay in them; but after all, I could not expect more then I brought my Action for, which was Manslaughter, and I had the same advantage now, that I would have then. I  told them I was Informed by my council, that punishment to the King, was burning in the hand, but to me would be perpetual Imprisonment, which they seemed not to be satisfied in: though my affliction and desire was great, I found there was a necessity to yield to the opinion of the Judges, of whose integrity I had no reason to doubt, if either the Law, or they could have born me out in it. And now having done my utmost, and finding the course of Justice stopped, by the verdict of a senseless, unconsiderate Jury, I writ them this following Letter.  
Sirs,  
I Cannot satisfy myself though I have done the utmost and last Office in my power, for my murdered Husband, till I have le●t you know my Resentment of your Verdict, by which you have drawn his Blood on your own Heads. I will not trouble myself with the Repetition of Evidence● which was full without Exception, and so clear to men of the best understanding and couldst judgement, that nothing appeared more Murder. I must be wanting to the duty I owe for the Justice his blood hath received according to the Laws of the Land; i● I do not let the world know in what part of the law Justice, in Revenging the blood of the Innocent is perverted. One thing I think defective in the law, that is, that the Prisoner shall have the Copy of the panel so long before trial as to be able to prevail upon them by any addresses by themselves or friends, but it Jury men hath honesty only it would render the cause suspected where endeavoured. Indeed when I had the Copy and viewed it notwithstanding I knew of the Murderers endeavours to make an Interest, I considered, you were not men of all the sense in the world; but I thought you honest men, and that you would so far consider your Consciences and oaths, as to take care of drawing the vengeance of God upon your own and your Childrens heads, either out of compliment or custom. Mr. mead was a neighbours Son and a neighbour known to all of you from his Infancy, and I think, of no uncreditable Reputation( but had he been the worst of men his blood deserved Justice) I met two of you and told you I found you were on the panel and desired you to do Justice, some of you was so prepared for it, that you gave your Verdict in the Coffee houses before you went to Court, I must tell you, you are Ignorant and presumptuous both against the Laws of God and the Nation. red the last Chapter but one of Numbers, and what other the margin direct you too, and there you'l see the Laws and Command of God, and I have the Satisfaction to have heard you Prudently, Justly, Cautiously and Fully informed by the Court of the laws of the Land, and likewise their Opinion given you of the matter of Fact; with that concern, that they thanked God you were to be the Judges not they. But your judgement was so Ripe that all that was not sufficient for you to think it worth one half hours consideration, I believe you were either resolved, or so intent on the pernicious Custom of that Verdict that you forgot the Object and Subject. The Object was Robert mead mine and one of the best of Husbands, an honest man and a faithful Subject both to his King and Country; which I fear to some of you made his Case the more indifferent.  
The Subject was his Blood barbarously spilled, maliciously designed by a Treacherous Subject, a barbarous Son, a designing murderous Brother. The occasion of resentment to Mr. mead provoking to so high a degree, that moderate Justice could not accuse him with either Passion or Indiscretion, but to the contrary consistent with Honor and duty so to do. What you can say after a serious Reflection, I would fain know, or how you expect to acquit yourselves of that Blood, you are every one as Guilty of, as if you had spilled it. It is now too late for you to do it, by laying it on him that did it; though your acquitting him doth not make him less Guilty in the eyes of God, before whose Tribunal, he and you must appear to Answer, and poor Robert mead to accuse you, and all others who hath been industrious to prevent the just Revenge due to his Blood,  
Look not on these lines as the effect of passion, for 13 weeks hath digested that into serious thoughts, and I shall pray that it may so lie upon you, that the Land may be quit of the pollution of it; and that your Crime with the so many more of the same nature so slubberd over, may not draw upon this Nation a further judgement then it hath already lain under. I am, as by nature and duty bound, the most concerned, and most afflicted.  
Not only to you but to all your Brother Jurors.  
E. mead. The Superscription to Ald. Moetly, Foreman.  
My Reflections in my Letter, are not so full as the Information I have had since would have rendered them, if I had known it before; the whole Jury being his Relations, or chosen Friends: that there was an Interest made to many more then was Empanneled, I have been assured by some of them which was importuned, by which way I find they informed themselves who was fit for their purpose, which was to save a Villain, at the forfeiture of their Oaths, Consciences, and Reputations: How far the Sheriffs have acquitted themselves( Mr. Gibeons being his Relation, Mr. Steight influenced by some of his active Relations and Friends) of their duty in their places, and to their Murdered Neighbour and Friend, is but known to themselves; but I fear their Innocency will not clear them before the all-knowing uncorrupt Judge. It was a Jury that had the faces of indifferent honest men, and I did certainly expect there would have been exceptions made by the Prisoner, against most, or all of them; but he was not more sure of their Verdict, then they resolved that no Evidence should alter their predetermination; and indeed their behaviour during the trial, looked as if they appeared there to fetch of a Criminal, not to Judge him to Justice for his Crime; their quick return with their so ready Verdict, shewed they would not think any part of the Evidence worth consideration, nor any mans Blood worthy the Justice of taking the life of him that spilled it. How dangerously Jurys err, they would understand, if they acquainted themselves more with the Law of God, who is severe in the Case of Blood; and consider that by such a Verdict, a Villain is cleared from all punishment, it not lying in the power of the Court to lay any, but by a Verdict of Murder, except it appears so to the Court too; it takes not the Life, for upon the Courts Representing it to the Government, they Reprieve and Pardon. If any mans Life deserved Justice, I might have hoped for it, few Lives falling on a juster Resentment; none more basely Ravished; none more pitied, but that Pernicious, Destructive, Rebellious maxims, of spairing the Murderer, because the Murdered cannot be recalled, is 〈◇〉 some few importunate or treats, prevailing with too many of the Jurors of our Age, who doth not co●sider the consequences of it; what pitiful unjust occasions hath some of the Jury made use of, to justify so ill a thing, when they are  told of it: Brock saying, there was no proof he killed him( why then Guilty of Manslaughter) Withiril so Impudent, as not only to asperse the dead, but the Court also; saying They did not intend they should find it murder, for in summoning the trial, my L. Chief Justice should say, Here is a thing they would call murder, but thank God Gentlemen, you are to be the Judges, implying they ought not to find it so; when no such expression was used by the Court.  
If being resolved to be Revenged, saying, he would drive his mothers Sheep, and he had got that for his Brother, laying his Hand on his Sword; quarrelling with one before, and killing the other, was not malice propense; both council a●d Court was mistaken in the Law, who all represented it so.  
That the Murder was maliciously resolved was plain, he not being prevailed upon to ask pardon for calling him a Rascal. That he gave all provocation appeared, and as well in the street as in the Tavern, for Mr. mead said▪ Lets withdraw from the face of the Guard, cannot be implyed but as an Answer.  
That his Sword was Flurted or Twisted out of his Hand, appeared by the Corporal seeing it fly, and being found 2 houses higher in the street, then where he received his deaths wound.  
That the wound was given he not being in a posture of defence, besides the Evidence that saw it given, is evident, it being on his left side, and that he was stooping looking for his Sword, the Sword going in Just below the Coller bone and coming out below the Shoulder blade behind; that his malicious hand thrust it as far as the Hilt would let him, appeared not only by the Blood on the Hilt, but by the loathness of the Wound which could not but be seen by some of the Jury, having been seen by most of the City in the forepart of which a man might turn his four fingers, being three Inches long behind.  
But for who, or what qualified person hath this Jury denied Justice, Incurred Divine displeasure and left the land polluted? For a Son who hath kicked his Mother about the house, pulled her by the hair of the Head, many times driving her Stock and selling it at his pleasure none dearing to oppose, who Att●●pted to kill his elder Brother was sent away to prevent him, Retained his malice returned and got that Sword to accomplish it, a fellow that went to our Fleet to assist our enemies, and made it his business not only to scandalise the Fleet, but our Interest; and Encourage our enemies by extoling the Force and Braveness of the French. A fellow that never shewed any remors, that persists still on impudence and Impenitency, being in all appearance ready for more mischief; and this better known to the Jury then me. Not one Friend being Capable to excuse him, or themselves in saving him, by any other Reason then what is said before( his loss will not bring the other back, and it will be a Scandel to the familey to have a Son or a Brother hanged) that he may Reward his preservers, and God revenge the Injustice, shall be the Prayers of your unfortunate afflicted Sister.  
E. Mead.   

LONDON; Printed for S. M. in the Year, 1692.