THAT I did not write 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 Tryal 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 Tryal , 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 , Tayler . 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 Coot the Recorder , Mr. Donnoson , Late Serjant Brodekick . The Witnesses Examin'd were . Mr. Joseph Hutchi 〈…〉 Major 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 Councel .

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 desireing 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 , villifying 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 parted⁰ them , and the sa〈…〉 〈…〉don begged the Deponants pardon , and said he did not care what he did ; was very uneasie to the 〈…〉pany , and that the Deponant left the Company about one of the Clock .

2. Major 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 send 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. Shaw , ( who went away soon ) and Burly Cuff ; that the said Gradon had been very uneasie 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 stopt by the Centry ; 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 led to his Lodging he dyed as soon as his Cloaths 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 stay'd 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 send 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 parted ; 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 extolling 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 , 〈…〉 ould have satisfaction ; that the Deponant rose up and went between them , desireing 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 stopt by the Centry , 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 led 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 Centry , 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 , let s 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 Centry : 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 〈…〉 i th 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 Councel 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 Councel intended to make it Murder , and desired liberty of Councel , 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 my self 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 Councel being of an Opinion , that an appeal of Murder would not lye 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 Tryal , with Resentments , no way dishonorable 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 comming 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 pardoned : 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 Councel , 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 stopt , by the verdict of a senceless , unconsiderate Jury , I write them this following Letter .

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 Tryal , 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 spilt 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 Pittyed , 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 pittyful 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 Tryal , 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 ; quarreling with one before , and killing the other , was not malice propense ; both Councel 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. Meade said ▪ Let s 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 goeing in Just below the Coller bone and coming out below the Shoulder blade behind ; that his malitious hand thrust it as far as the Hilt would let him , appeared not only by the Blood on the Hilt , but by the largness 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 Quallified person hath this Jury denyed Justice , Incurred Divine displeasure and left the land polluted ? For a Son who hath kicked his Mother about the house , pulled her by the haire 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 enimies , and made it his business not only to scandalize the Fleet , but our Interest ; and Encourage our enimies by extolling the Force and Braveness of the French . A fellow that never shewed any remors , that persists still on impudency and Impenitency , being in all appearence ready for more mischief ; and this better known to the Jury then me . Not one Friend being Capable to excuse him , or themselves in saveing 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 reveng the Injustice , shall be the Prayers of your unfortunate afflicted Sister .