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the door and draw his sword, and Sir Charles Pym came out and drew his sword; and presently Mr. Walters's sword was through Sir Charles Pym's body almost a foot; and he fell down crinkling immediately; and when he was down, I saw Mr. Walters hit him in the kennel, and take him by the nape of the neck, and after cried,with an oath, let the sword stick in his body; and afterwards I saw Mr. Mirriday pull the sword out of his body.
Did you see Mr. Bradshaw there when Sir Charles fell?
Fletcher. No, my lord I saw none there but Mr. Walters and Sir Charles, they were out of doors, and the rest were in the entry.
Mary White and Sarah Webb were called, who could give little or no évidence as to matter of fact, as concerning the death of Sir Charles; and being timorous, could not see what they might have seen.
Cryer, call Mr. Allen.
Allen. I know but very little of the matter, but that there was a plate of beef sent up to us, but we knew not from whence it came, till afterwards the drawer brought us word that the gentlemen below had sent it up; after which, we drank their healths and returned them thanks for it. After which, I went to the coffee-house hard by, and sat about half an hour, and presently heard a cry of murder, and I came down and saw Sir Charles Pym lying with a wound in his body, and another in his head, but I did not know who it was, not then; but I asked who did this business, and exhorted the people to take them as soon as they could.
Court. I think you said that Mr. Bradshaw's sword was drawn? Allen. Yes, it was, but I believe that he did not know that Sir Charles Pym was killed.
Mrs. Sheepurash was called, but could depose nothing material.
Court. Mr. Walters, you have been here indicted together with Mr. Bradshaw and Mr. Cave, for the murder of Sir Charles Pym, knight, and bart., you have heard what charge hath been laid against you, which hath been a very strong one, and now it behoves you to make your defence as well as you can.
Walters. My lord, I was no way the occasion of the quarrel: when I came thither, I asked for some meat, and having not eaten all the day before, we had a piece of beef, of which Sir Charles Pym and his company had some, who afterwards drank our healths, as I was informed. For my part, my lord I, never saw the gentleman before in my days: my lord, I am very sorry it should be my misfortune to kill him in the quarrel. Sir Charles Pym asked me, saying, with an oath, “Sir, what have you to do to meddle?" I went presently, my lord, to a fishmonger's, where Mr. Mirriday was, and Sir Charles Pym came, and Mr. Mirriday said to him, Sir Charles, "Damn you, Sir, go and fight him, and I will be your second." And presently they came upon me, and I drew my sword in my own defence, and he ran me eight inches into the thigh, and at the same pass, I had the misfortune, my lord, to run him into the body.
Court. Would you ask Mr. Mirriday any questions?
Mr. Mirriday, did you see me strike Sir Charles's head upon the ground?
Mirriday. No, Sir, I did not see that; neither did I say any such thing in the fishmonger's shop, as to bid Sir Charles fight you.
Clerk. Cryer, call Matthew Perin.
Perin. My lord, all that I saw of the business was, that when the coachman was called to the door, Mr. Neale came and threatened him if he did not stay; then Mr. Cave and Mr. Bradshaw were in the entry, and I heard them discourse about beef; and some of them said, you give us beef and make us pay for it; and there was answer made, they were rascals that said so, for they did not. There was one of the gentlemen in our shop hearing of it, said, let me come to him, I will fight him. Court. Do you know the man?
No, I do not know who it was.
I was wounded at the same time, my lord.
Court. That is admitted of.
Let him be asked whether I beat the head against the
Perin. No, my lord, I did not see him do that.
Court. He had a wound, the question is how he came by it; whether he might not fall upon it himself, it was a slanting wound?
Walters. Pray, my lord, let Sir Charles's sword be seen, all blood. [But that gave no satisfaction on either side.]
Court. Mr. Bradshaw, what have you to say for yourself?
Mr. Bradshaw. My lord, I was there, but I know nothing of the death of Sir Charles Pym, nor how he came by it; there were some words arose amongst us, and I desired them to cease, for fear a farther quarrel should ensue upon it.
Court. Mr. Cave, what have you to say?
Mr. Cave. I know no more of the matter than this gentleman saith: I saw not Sir Charles Pym killed.
Clerk. Cryer, make proclamation.
Cryer. All people are commanded to keep silence, upon pain of imprisonment.
Then Mr. Baron Jenner summed up the evidence as followeth :—
Baron Jenner. Gentlemen of the jury, you have three persons indicted, viz. Mr. Walters, Mr. Bradshaw, and Mr. Cave, for murdering Sir Charles Pym, bart., and have had several witnesses called for the King, against the prisoners at the bar: the first of which was Mr. Mirriday, and he gives you this account, and it is all that each and every one gives, and it agrees on all sides; and he tells you, that all those gentlemen were to dine at Mr. Cloudsley's, at the Swan Tavern in Old Fish Street; and, that they were there at dinner, it is very plainly proved. And being there, it seems that some of those gentlemen had bespoke a fish dinner, some flesh, and had some-viz. a plate of beef. And he tells you, also, that when dinner was over, some words did arise concerning the reckoning, and that one of the companies were got downstairs in the entry, where a further quarrel did arise. Mr. Mirriday tells you further, that Mr. Bradshaw and he quarrelled, so there was a scuffle in the entry; after which, things were pretty well quieted there; in comes Mr. Walters and Sir Charles Pym, and while Mr. Mirriday was securing the first quarrel, they, viz. Sir Charles Pym and Mr. Walters, were got out at the door, and Sir Charles was stooping down, and Mr. Walters was pushing upon his neck and throwing him down.
So said Mr. Mirriday; and when he went to take the sword out of his body, he saw him a dying man.
The next evidence was Mr. Neale, and he observes to you, that one
of the gentlemen did say, that the quarrel was not intended against them; and he gives an account of the story, how that it was about the beef; how that Sir Charles was run through by Walters, but he did not see him knock his head against the ground.
Mr. Palms gives the like account, and saith,—that whilst they were a scuffling in the entry, Sir Charles was killed at the door.
The next evidence is the drawer, who tells you of a squabble that Mr. Neale had with the coachman at the door, and how that there was left four of the gentlemen behind, and that the coachman was unwilling to wait, because it rained, his horses being hot they might catch cold; whereupon, he put his footboy into the coach, and threatened the coachman if he went away: this was before they fell out about the meat.
The next evidence was one Mr. Brummidge, the fishmonger; he gives the same account, how that a quarrel was amongst them, and how that Mr. Walters was on one side of the kennel, and Sir Charles Pym on the other side, and there they stood with their swords drawn; and as soon as they came close, they wounded each other, and Sir Charles Pym was killed; but he did not see his head knocked against the ground.
Comes Fletcher, my Lord Mayor's officer, and he tells you, that he was going by the door home into Bread Street, and he sees a man that was wounded stooping down; and he swears that Mr. Walters took him by the nape of his neck, and knocked his head against the ground, and heard him swear, let the sword stick in him. Sarah Webb, and another woman, speak it to be in the like manner; and one of them talks of Mr. Walters's pulling Sir Charles Pym out of the entry before he would
Last of all, gentlemen, here was Mr. Allen, one of their company, who went away to the coffee-house, and hearing murder cried out, he came and found Sir Charles Pym killed, and quite dead. This, gentlemen, is the evidence that you have heard, as near as I can give it you.
Now, for the prisoner, Mr. Walters, he would have you believe as if Sir Charles had struck him before he drew his sword; but he has not proved it: likewise speaks of Mr. Fletcher, but he does not remember that Sir Charles Pym struck him before he drew: but so it was, gentlemen, there was a quarrel, in which that honorable and worthy gentleman, Sir Charles Pym, lost his life.
Now, for Mr. Bradshaw, he confesseth, that there was a quarrel; but he saith, that he did not know when or how Sir Charles Pym was killed; and for Mr. Cave, I do not find anything objected against him, nor
either of them.
Now, gentlemen, I must tell you what the law is in this case: first of all, to begin with Mr. Walters, so as it fares with Mr. Walters, so you may be guided to deal with the other two. Now it hath not been made appear, by any of the evidence that you have heard, that there was any premeditated malice between them, for they were never in company before, and knew not each other; so that there could be no manner of malice from him in particular.
The next step, gentlemen, is, here is nothing that can impute a general malice upon Mr. Walters; for if I had no design to kill a man, and kill another with whom I do not quarrel, that cannot be any premeditated malice; but I rather think that there was a little heat of wine amongst them and this whole action was carried on by nothing else but by a bot
and sudden frolic; and I am very sorry that it should fall upon such a worthy gentleman as he was. And, if there was no malice premeditated, then he can be found guilty of nothing but manslaughter; and, as for the other two, they must be totally acquitted. If I have erred in the summing up of these evidences, or mistaken myself in any point, here are my brothers to help me.
Then the gentlemen of the jury withdrew for about the space of half an hour, and returned into court upon a scruple of conscience; one amongst them spoke to the court as followeth :
Juryman. My lord, we are not satisfied in our consciences concerning the death of Sir Charles Pym; we find in it malice forethought; because after he had run the sword through his body, he was not satisfied with that, but must knock his head against the ground; so we do take it, that the said Sir Charles Pym was maliciously murdered.
Justice Allibone. Gentlemen of the jury, I shall endeavour to direct you in this case, and tell you what the law saith,―That it cannot reach a man's life where no prepense malice is proved; that there is none proved, appears very plain to me, and I hope also to you, because it hath been proved, that those gentlemen, viz. the prisoners at the bar, and the deceased, had never been in company before. Gentlemen, you are upon your oaths to serve the King as jurymen; and I, as a judge, am upon my oath to try the cause as well on the behalf of the living as the dead. So that upon the whole matter, gentlemen, this can be called nothing else but a storm, an ungoverned storm, that such men are subject to; so that it does not reach precedent malice, but subsequent passion; which sad passion was continued to that height, that Sir Charles Pym, in the midst of it, lost his life.
Then the jury went out again for about a quarter of an hour; and, returning, brought in Mr. Walters guilty of manslaughter; but the other two were acquitted.
FRAGMENTS OF FAMILY HISTORY.
ELIZABETH AND MARY BULLYN, COUSINS OF QUEEN ELIZABETH.
In a remote part of the King's County, Ireland, adjoining the village of Shannon Harbour, is the tomb of two fair cousins of the unhappy Anne Boleyn, consort of Henry VIII. The story of its discovery is curious, and is so little known as to be worthy of minute narration; while the personages to whom it refers confer upon it very great additional interest.
Shannon Harbour is a small hamlet, with a population of about 200. It derives its appellation from being one of the stations of the Inland Steam Navigation Company of Ireland, it being situated at the junction of the Grand Canal with the river Shannon, en route from Limerick to Dublin. In its immediate neighbourhood are the sites of several battlefields of the sixteenth century; and continually, in the ordinary routine of husbandry, the peasantry turn up broken spears and swords, and the fragments of what once was man. In 1803, when the canal locks were undergoing repairs, some labourers who were quarrying in the vicinity of the village, beneath the ruined castle of Clonoona, happened on an extensive cave in the limestone rock. Having removed some loose stones that were piled up at its farther end, they uncovered a huge slab, eight feet in length by four in breadth, and nearly a foot in thickness. When the slab was raised, a coffin chiselled in the solid rock, and containing two female skeletons, much decayed, was revealed to view; and on the lower side of the superincumbent flag was this inscription, cut in alto relievo:
HERE under LEYS ELISABETH AND·
MARY BULLYN DAVGHTERS OF THOMAS ·
In the picture-gallery of the Earl of Rosse, at Parsonstown, in the King's County, were formerly two sweet female faces, inscribed, the one, "Anno ætatis, 18," and the other, "Anno ætatis, 17," but otherwise anonymous. No one knew who were intended to be represented by them, although the noble Earl was well aware of his maternal descent from Alice, daughter of Sir William Bullyn of Blickling, until the discovery of this tomb. Then it was remarked that the elder wore a jewel in her bosom, in shape like the letter E, and that her sister had fastened behind the ear a marygold; and the rebus of old painters was remembered, who generally indicated by this quaint method the name of the individual their pencil had drawn. The Mary and Elizabeth of this