ILLINOIS UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN Production Note Project Unica Rare Book & Manuscript Library University of Illinois Library at Urbana-Champaign 2015 ... THE On the C A S E of ARUNDEL COKE, Efq; \ AND JOHN WOODBURNE, Labourer: UPON An Indi&ment, for an Aflault upon the Body of EDWARD CRISPE, Gent. Brother-in-Law to the faid COKE, On Tuefday, the 13th of this Inftant, -marii Anno oftavo fupra ditto apud Burgum prxdict in Com prsdidt ex pro-pofito ac ex malitia fua precogitata, & per mftdias foiVauxlllians & abet tans prefatum Johmnem Wbodburn, ad felomam predidtamin-forma praeditt’ felonice committend’ & perpetrand. Et lie J t r____c______________mind Drsdicti 7ohannes ruratoresprsdift’ dicunt quSfrediai Coke, dido primo die Janrnru, Anno ottavo fupradido apud burgum predict in Com’ prsdid’ vi & armis, &c. ex propofito ac ex malitns fuis precogitatis & per inffdias feloniam prsdid’ in forma prsdid’ lUicite & felonice commifer & parpetraver’ & uterque eorum commifit & perpetravit contra pacem didi Domini Regis nunc Coronas & Dignitat’ fuas nec nen contra ,ormam fhtuti in ’ hujufmodi cafu edit’ & provis’. Upon this' Indidment, the Defendants were Arraigned, and pleaded not Guilty ; and there being no Challenges, either for the King or Pnfoners. the following jury were fworn, viz,. Thomas Buckingham Nich. Alger Ambrofe Garrant George Goddard Robert Gaul William Scott George Crofs Samuel Brigg Jonathan Clements Thomas Taylor Simon Reeve William May After the ufual Proclamations, Mr. Lee opened the Subftance of the Tnditt-inent $ Mr. Serjeant Selby, Serjeant Brainthwaite, and Mr. Roby, all Council for the King,’ feverally fet forth the Circumftances and Nature of the Crime, and Evidence for the King, and then proceeded to the Examination of Witnefles. The firft that was called was Mr. Crifpe, Brother-in-Law to Coke, who depofed, That Be and his Wife, and fome other Friends, were invited to Supper at Coke’s on the firft of January laft, that they went to Supper about Seven a Clock, that about Ten Mr. Coke asked Mr. Crifpe if he would go and fee Mrs. Phanny Monf (a young Lady living near them) to which Mr. Crifpe.confentcd, and they went thither, that they took three or four Turns by the dead Wall in the Church* Yard, it being dark, and then Coke made a Noife, like a hallowing,_ at which Crifpe began to be afraid, upon which a Man came to him, and gave him a Blow oh the Head with a Hedge Bill, Coke being prefent, but did not knock him down, but at the fecond Blow he fell, and loft: his Senfes, and knew not what was done to him afterwards: That fometime after Coke and Woodburn were gone, he revived a little, and being very weak, with Difficulty, got to Coke’s Houfe, where one Mr. Sturgeon, a Surgeon, came to him in about half an Hour, and dreffed his founds. Mr. drawn fwho Married Mr. Coke’s Sifter) faid, that upon an Invitation he was at Supper at Mr. Coke’s on the faid firft of January, and that fome con- fiderabk time after Supper, he thought he heard Mr. Coke call Mr* Crifpe to go 'CTT------------— ' “-------* out £ * c Uiuc J. % £ feut with him; and that they went out together, that about half an Hour afterwards, Coke came Home again a little out of breath, and drank a bumper of Wine, and was ask’d where Mr. Crifpe was, Coke faid, he believ’d he was gone Home in the Dark , and that about ten Minutes afterwards, Mr. Crifpe came into the Houfe, his Face being almoft covered with Blood and Wounds. Mr. Brawn being asked by the Court, faid that Mr. Crifpe had no Children of his own, nor Grand-Children, nor Brothers, but three Sifters, and that upon Mr. Crifpe's Dsmife, about a Hundred Pound per Annum would come to Mr. Coke in right of his Wife. Mr. Sturgeon fwore, that about eleven at Night, on the firft of January, he was fent for to Mr. Coke's Houfe, where he found Mr. Crifpe in a weak and mangled Condition; that he had one Wound from his right Ear to his right Noftril, but did not touch it, which laid open the great Teeth and Jaw-Bone. Another which cut through his right Noftril, crofs the other Wound, and almoft: as far as the Under-Jaw. Another deep one under his Chin, which reached from the right Under-Jaw, very near the left Under-Jaw, and divided the double Chin. Another crofs the left Under-Jaw, ending towards the left Cheek-A fmall one in the left Cheek. Another' upon his Upper-Lip, and another oh his left Temple. Mr. Charles Willet, th$ Conftable, faid, that upon a Warrant from Mr. Aider-man Wrighthe apprehended Woodburn, who confefs’d he gave Crijpe three or four Blows before Coke left him, that Woodburn having an Ague, Coke had given him fome Brandy to keep him warm, and had walked about till Coke gave the fignal, and was then ready, that he did it by the Church-Yard Wall, with a Hedge Hook, which he laid was ground for that purpofe, but the Children had fpoiled the Edge with cutting Sticks; that it was at his own Houle where the Conftable found it, and Woodburn owned that before Alderman Wright to be the Inftrument. Mr. Wetherell, the Goaler faid, that the next Day after Coke's Committment^ he owned, that he and Woodburn had a delign to kill rrifpe, and deli red the Coaler to get Woodburn fecured; and afterward faid, that if Woodburn had done as he {Coke) had ordered him, Crifpe would not have told Ta! s for he had given him Directions to cut his Weafand or Throat : And tha*- Woodburn owned he had lain in wait f veal times for t'r purpofe, that when he Lad given Crijpe one blow, the faid Crifpe fwore, damn ! !m, and at the fecond blow fell, but Woodburn did not care to kill mm with an Oath in his Mouth. Robert Moon faid, that hearing of the Fad: committed, guefs’d that Coke was thfir ado , or emoby’d another, becaufe about 5 years and a half ago he was fent for by Coke, who after other Difcourfe faid, he wifh’d Mr. Crifpe out of the World, and that fome body wou’d knock him on the head, for that his Eftate wou’d come «o the faid Coke, and faid, he did not value 10 or 20 Guineas, if the faid Moon wou’d do it, but that he refufed. John Carter Blackfmith faid, That Coke fent Woodburn for him, who was fhewn up Stairs to Coke at Coke’s Houfe, who after feveral Difcourfes about wanting a Horfe, and Carter's Poverty laid, he had. a Thing in agitation wou’d make a Man of him, and ask’d, if he cou’d keep a Secret ? Carter anfwer’d, yes ; then Coke ask’d if he cou’d cut off half a dozen Men’s Meads ? No, fays Carter, ’tis too much for any Man’s Confcience to bear: Pllaew ! fays Coke, that is but a Trifle to what they have done above; the South Sea Men have ruin’d many, and. fent Gentlemen’s Families * begging. Carter told Coke he thought he was but in jeft, Coke ask’d if he thought he would fend for him in jeft, and faid, If he cou’d not cut off a Man’s Head, and lay it on the Table before him, he was no Man for him ; Carter faid he could not do it : Then Coke call’d for Brandy, and made Carter drink very heartily of it, and take 3 or 4 Days to confider of it, and whether he had not better be reliev’d from his Neccffities, and have good Store of Iron and Coals which he wou’d give him, than refufe it, and other Rewards which he then offer’d. m * After the Evidence had ended, the Council for the King having fummarily ffr forth the heinoufnefs of the Crime, aggravated with it’s Circumftame;, fubmi'tcH the reft to the Court, and the Prifoners proceeded to their Defence. Woodbrun being asked what he had to fay in his Defence, Kid, that in Barley Harveft laft, Coke firft applied to him, and faid, he had fomething to do about Mr. Crifpe, but that it was not to be done yet; that Woodburn asking what it was, Coke anfwered to fet him alide, by which was meant killing him, but that Woodburn then and feveral times afterwards refufed to do ir, but Coke ^ftill urged him to it, and offered him 20 Pounds, and faid it fignified no more man to kill a Do" ; and that at the firft meeting he gave Woodburn 1 Shilling and 6 Pence. ThatVter he had confented, Coke was to deliver him into Woodburn s Hands, which he did, on the firft of January laft at Night : That Woodburn waited in one Mr. Morrice s Porch, and that Coke came to him, and laid, he doubted it woa’d be late before Mr. Crifpe went from his Houfe, he being very jolly and merry* upon which Woodburn wanted to go Home, but Coke bid him fray, though it were till twelve a Clock, for that was the time to do it, that about ‘ten a& Clock Mr. Coke and Crifpe came out together, and Woodburn followed them, and that foon after Coke whiffled, and Woodburn came up, and at that time Coke took Woodburn by his Sleeve and led him towards Crifpe, and bid him take 'care not to cut him (meaning Coke) and at the fame time bid his Brother Crifpe ftand {fill, whereupon Woodburn gave him one Blow, and Mr. Crifpe fwore an Oath, at which Coke cry’d out, docs he Swear, fecuie him, down with him, that Woodburn gave him three or four Blows whilft Coke ftaid, and afterwards oave him more, and ftaid till he thought he had kill d him. •© Woodburn s two Daughters were call’d, wliofe Evidence tended to prove, that Coke had fent for their Father feveral times. Mr. Coke faid, he was very forry that he was ever concern’d in fo .heinous a Crime, and was very unCapable of making a Defence, being fo much difpirited and caft down, but argu’d, and own d, that it being an intent to kill, and not to maim o. disfigure, cou’d not be within the Statute, and therefore very preffingly defil’d Council to argue the Points of Law ; but was inform’d by my Lord Chief Juftice, that it being properly a matter of Faff, of which the Jury were Judges, and not any Point of Law arifing therefrom, he cou’d not allow his Requcft, but candidly offer’d, that if he cou’d mention any one or more Points of Law, he fliou’d have Council allow’d him, but not being able to do ir, fubmitted himfelf, and his Caufe, .to the Court and Jury. My Lord Chief Juftice fumm’d up the Evidence to the Jury, and inform’d them flow far, and in what Cafes, the intent of a Man might make his Acftions more of lefs criminal; and left it to them, how far they wou’d judge the Prifoners guilty of their Indictment. 1 ->1 Then the Jury withdrew, and in lefs than half an hour return’d, and found both the Prifoners Guilty. Coke behaved himfelf very fubmiffivdy to the Court, both before and after Tryah and Woodburn wept very muck at his being firft brought into Court. My Lord Chief Baron Bury was took ill at Cambridge, and proceeded no furthei on the Circuit. FINIS.