Mr. John Payne, husband of the first witness, deposed to the same purpose as his wife, adding that no struggling was heard when the blows were given and that she had no knife in her hand when she came out of the cellar; that in the morning between nine and ten o'clock, a young man came in, who, as he was informed, had been formerly a sweetheart of the deceased; that this person drank a pint of drink and smoked a pipe, the deceased sitting by him some little time, during which as he believed the stranger kissed her; at which, as they stood before the bar, he observed the prisoner's countenance alter, as if he were out of humour at somewhat, although he could not say that he had ever heard of courtship between them; adding, that when the prisoner went into the box where the deceased was at dinner, he did take notice of his throwing the door after him with an unusual violence.
Mr. Saunders, who happened that day to dine at Mr. Payne's house, confirmed all the former evidence, deposing moreover, than when Mr. Payne gave the prisoner some harsh language, the prisoner replied, Sir, I am as innocent as the child is at my mistress's breast; that the prisoner also pretended the deceased took a knife in her hand when she went into the cellar, upon which this evidence and Mr. Payne went down, and found not a drop of blood all the way. Mr. Saunders also deposed that the prisoner was out of the way when the deceased went to draw drink, and that they saw no knife in her hand.
Mr. Cox, the surgeon, deposed that he saw the deceased lying upon her back, amid a vast stream of blood which had issued from her; that upon the table among other knives he had found one amongst them which was a little bloody and answered exactly to the cut, it going through her apron, a stuff petticoat and a strong coarse shift. The wound was in her thigh, going obliquely upwards, and therefore, as he thought, could not have been given by the deceased herself. The knife, too, was as he said, laid farther than the deceased could have carried it after the receipt of the wound, which being in the femoral artery must be mortal in a minute, or a minute and a half at most. He observed, also, that under her chin and about her left ear there seemed to have been some violence used, so as to have caused a stagnation of the blood. This deposition was confirmed by another surgeon and apothecary, and also in most of its material circumstances by a surgeon who looked on her on behalf of the prisoner.
Cluff asked very few questions, and Mr. Daldwin being called for the appellant, swore that at nine o'clock in the morning he was at Mr. Payne's and saw the prisoner and the deceased quarrelling, that he looked maliciously and was an ill-natured fellow. Here the counsel of the appeal rested their proof, and the prisoner made no other defence than absolutely denying the fact. After his counsel had said what they thought proper on the nature and circumstances that had been sworn against him, the jury withdrew, and after a short stay brought in the prisoner guilty.
During the space he was confined, between their verdict and his death, he behaved with a calmness very rare to be met with. He attended the public devotion of the chapel very gravely and devoutly, behaved quietly and patiently in his cell, never expressed either fear or uneasiness at his approaching death, nor ever let fall a warm expression against his prosecutors, but on the contrary always spoke well of them, and prayed heartily for them. When pressed, by the ministers who attended him, not to pass into the other world with a lie in his mouth, but to declare sincerely and candidly how Mary Green came by her death, he at first looked a little confused, but at last seeming to recollect himself, he said, Gentlemen, I know it is my duty to give glory unto God, and to take shame unto myself for those sins I have committed in my passage through this life. I therefore readily acknowledge that my offences have been black in their nature, and many in number; but for the particular crime I am to suffer death as the punishment of it, I know no more of it than the child that is unborn, nor am I able to say in what manner she came by her death. And in this he continued to persist unto the time of his death, appearing to be very easy under his sufferings and did not change countenance when he was told the day was fixed for his execution, as it is ordinarily observed the other malefactors do.
As he passed through Holborn to the place of execution, he desired the cart might stop at his master's house, which accordingly it did. Cluff thereupon called for a pint of wine and desired to speak with Mr. Payne. Accordingly he came out, and then he addressed himself to him in these words. Sir, you are not insensible that I am going to suffer an ignominious death for what I declare I am not guilty of, as I am to appear before my Great Judge in a few moments, to answer for all my past sins. I hope you and my good mistress will pray for my poor soul. I pray God bless you and all your family. Then he spoke to somebody to bid the carman go on. It was remarkable that he spoke this with great composedness and seeming cheerfulness.
At the place of execution he did not lose anything of that cheerful sedateness which he had preserved under the course of his misfortunes, but made the responses regular to the prayers in the cart and standing up, addressed himself in these words to the multitude. Good People, I die for a fact I did not commit. I have never ceased to pray for my prosecutors most heartily, ever since I have been under sentence. I wish all men well. My sins have been great, but I hope for God's mercy through the merits of Jesus Christ. Then a Psalm was sung at his own request. Afterwards, overhearing somebody say that his mistress was in a coach hard by his execution, he could not be satisfied until somebody went to search and coming back assured him she was not there. As the cart was going away he spoke again to the people saying, I beg of you to pray for my departing soul. I wish I was as free from all other sins as I am of this for which I am now going to suffer.
He desired of his friends that his body might be carried to Hand Alley in Holborn, and from thence to St. Andrew's Church, to lie in the grave with his brother. He suffered on the 25th of July, 1719, being then about thirty-two years of age.