Hawkins asked the Witness if he had ever seen him strike his father, or shew any violence towards him. The Witness conceded he had not.
Hawkins. And did your Father not strike you often, and your sister?
The Witness did not answer. When prompt’d by the Court he replied, Aye, but only for my Instruction and I am glad of it now.
Ned Weaver, a Carpenter and Apprentice to the Deceas’d, confirmed that the Body was discover’d by Judith Burden. He testify’d that the Prisoner had threaten’d his Master, but added that he was not himself, having taken a great deal of Liquor. He describ’d the Secret Passage between the Houses and agreed that the Prisoner had both the Wit and the Opportunity to kill Joseph Burden. The Witness added he did not believe there was ample Proof, nor did he believe it was in the Prisoner’s Nature to Commit such a Foul deed. The Court interject’d that this was for the Jury to decide, and asked the Witness to step down.
The King’s Council then call’d upon Diverse members of the Neighbourhood, including Hannah Jenkins, a Baker’s Wife, Everett Felblade, an Apothecary and Joshua Purchase, aGamester. All testified that the Prisoner had threatened great Violence against the Deceas’d and that there was the strongest Animosity between them. Purchase deposed that the Prisoner was well known about the Town as a Rake and a Gambler, who consort’d with lewd women and common Whores.
Hawkins asked if the Witness were not describing himself and half the Town with it, which drew much Laughter from the lower sorts in the Gallery. The Court called for Order.
Felblade, ask’d if he agreed with his Neighbour’s testimony, said that in his Opinion all men were capable of Murder and Mr Hawkins no more than most.
Mrs Jenkins testify’d that after the Murder the Prisoner had impos’d himself upon the Family, Interrogating them in a Cold and Arrogant fashion. The Prisoner also insisted upon searching the House in a most Unseemly manner, causing great Distress to the poor Children of the Deceas’d. The King’s Council asked, Did the Prisoner Discover anything of Note to aid his Investigation?
Mrs Jenkins. He did not, Sir. And I hope he is Asham’d of his Wickedness.
The next Witness called was Mr Gonson, Magistrate for the Borough of Westminster and member of the Society for the Reformation of Manners. He testify’d in clear and well-documented terms how he had come to suspect the Prisoner and had indeed Detain’d him and question’d him closely upon the Matter.
Hawkins interjected, asking the Witness if he had not arrested him without just cause and subsequently order’d him chained to a wall and left for many Hours without food or water. The Witness replied that this was Regrettable but that the Prisoner had resisted his Arrest.
Hawkins. And for that I should be tortur’d and left to die of Thirst? To which the Witness acknowledg’d that he should have provided Water, but that the Circumstances had been of such an Extraordinary Nature he hoped the Court would forgive this brief lapse in Duty.
Hawkins. Pray tell me, Sir, upon God’s oath, is the Evidence for this Case enough to Judge me?
Gonson. I believe that you are Guilty, sir.
Hawkins. It is not a question of Belief, sir. Is the Evidence sound?
After a long pause, the Witness answer’d that in his View, it could not perhaps be termed sound in its entirety. He added that the Prisoner had the Cunning and the Ability to make himself appear Innocent, when the World knew he was Guilty. He Describ’d to the Court how the Prisoner had defy’d the Law, escaping his just Imprisonment by calling upon powerful Friends.
Hawkins. If I have such Friends, why do I stand here Today?
Gonson. Perhaps they have Forsaken you, sir.
The Witness added that the Prisoner had been given Opportunity and Good Fortune and chosen to Squander these gifts. That he was a Man of diverse good parts and that his Disgrace was all the more Shocking for it. He suggest’d that the Prisoner was a stern Lesson for all young Men attract’d to a life of Dissipation and Sin. He counsell’d Hawkins to look upon this Trial as preparation for the Greater Trial he must face in the next life, or else risk Damnation. He urged the Prisoner to Confess and Repent and throw himself upon God’s infinite Mercy.
The Prisoner stated once more that he was Innocent, and that it was not his Soul nor his Nature that was on trial. That he must be Judged upon the Evidence alone and that, as a man of the Law, the Witness had himself agreed there was no Case to Answer.
Gonson observed that the Prisoner shewed more Industry and Wit in Court than he had in life, and lamented a Life wasted in Gambling, Drinking and Carnal Pleasure.
The Prisoner reply’d with a pert Remark, which the Court struck from the Records.
The Council for the King then called Alice Dunn, a maid in the house of the Deceas’d at the time of the Murder. She confirmed that Judith Burden discovered the Body, but seemed most Agitated and Reluctant to answer the Questions put to her by the King’s Council, which led to a severe Reprimand from the Court. Thus Chasten’d she confessed that the Prisoner knew of the Passage between the houses.
King’s Council. Is it true you have since left the Household to act as servant for the Prisoner at the Bar?
Alice Dunn. Sir, I was hired by Mistress Sparks, who has treated me with great Kindness.
King’s Council. Is it not the Case that you Seduc’d your old Master? Was not that the reason Miss Burden ask’d you to leave the household?
Alice Dunn. Sir, my Reputation-
King’s Council. -The Witness will answer the Question.
The Prisoner at the Bar interjected, asking what Relevance this was, and that the Witness was not on Trial. He appealed to the Court that he had no wish for a Respectable young woman to be abus’d on his Account. After some Deliberation the Court order’d Alice Dunn to step down and the King’s Council called its final Witness, Catherine Sparks.
Being ask’d how she came to know the Prisoner, the Witness reply’d, We met in the Marshalsea gaol.
King’s Council. And you now live under the same Roof, at great Risk to your Reputation?
The Witness reply’d that it was her own house and that she might invite whoever she pleased to live in it with her.
King’s Council. Do you share your Bed with the Prisoner at the Bar?
Cath. Sparks. That is no Business of yours, sir.
King’s Council. It is well known about the Neighbourhood that you are a Notorious whore.
Cath. Sparks. If it is well known, why do you ask?
King’s Council. The Witness will-
Cath. Sparks. -It is well known that the King’s Council visits the [comment struck from the Record] three times a Week and likes to [comment struck from the Record] while being [comment struck from the Record].
The Court called for Order.