The Recorder cautioned the jury that this statement was evidence against Mahony only, and was not to be taken as evidence against Goodere.
_Vernon_ said that this concluded his evidence as to the facts; but that as Goodere had made a point as to the position of the ship, he would call evidence to show that the King Road had always been taken to lie within the city and county of Bristol; and that the sheriff's officers of Bristol had always used to execute both city and county process in the King Road.
_John Wint_ and _Lowden_ were called, and proved that they had served process out of the Mayor's and the Piepowder Court, and process issued out of the King's Bench, and the Common Pleas, and the Admiralty Court, in the King Road.
_Goodere_ being called on for his defence, said that he would call witnesses to prove that sir John was a lunatic, and that he was doing his best to take care of him.
_Mrs. Gethins_ said that Goodere had asked her for a garret to keep his brother in, for he was a madman; he made no secret of it. She had heard nothing about Mahony having five pounds a month to take care of him. She had heard Goodere talk with his own doctor about his brother.
GOODERE--Did you go ashore in the morning about the king's business, or what business did you go about?
MARSH--I had an order about eight o'clock the night sir John was brought on board, to go up in the morning to Bristol for the letters from the Admiralty, and about four of the clock in the morning I was called up to go: but the lieutenant seemed much disordered, and bid me come to him before I set out. I waited on the lieutenant, and told him, that White and Mahony said they had liberty to go on shore, that the captain had given them liberty to go; the lieutenant said, he knew nothing of it. But as it is always my way, before I carry anybody off, I said, I would go to the captain and ask leave. I went to the captain, and asked him, if White and Mahony had liberty from him to go on shore? And he said, Yes, let them go.
GOODERE--Mr. Marsh, did you go upon the king's business, or on purpose to take up these men?
VERNON--But it was after sir John was brought on board, that Mr. Goodere ordered you to go up?
VERNON--Did anybody else go up with you, besides Mahony and White?