Jones—Then, gentlemen of the jury, I hope we have given you satisfaction that Mrs. Stout did not drown herself, but was carried into the water after she was killed. That was the first question; for if it be true that all dead bodies when they are put into the water do swim, and the bodies that go alive into the water and are drowned do sink, this is sufficient evidence that she came by her death not by drowning, but some other way. Now, my lord, as to the second matter, and that is to give such evidence as we have against these gentlemen at the bar. Mr. Cowper, it appears, was the last man that any one give an account of was in her company. What became of her afterwards, or where they went, nobody can tell; but the other witnesses have given you evidence that he was the last man that was with her. I shall only give this further evidence as to Mr. Cowper, that notwithstanding all the civility and kindnesses that passed between him and this family, when the bruit and noise of this fact was spread abroad, Mr. Cowper did not come to consider and consult with old Mrs. Stout what was to be done; but he took no manner of notice of it, and the next day he rode out of town, without further taking notice of it. Call George Aldridge and John Archer.
John Archer was sworn.
Jones—Do you know anything of Mr. Cowper's going out of town about this business of Mrs. Stout's being drowned?
Archer—Yes, I did see him go out of town afterwards.
Jones—Which way did he go?
Archer—He went the way back from the Glove; I suppose he came that way.
Cowper—What day was it I went? Is it not the way that I used to go when I go the Circuit into Essex?
Archer—Yes, I believe so.
Cowper—I lodged at Mr. Barefoot's, and he has a back-door to the Glove, where my horse was, and I went the direct way into Essex, and it was Wednesday morning: What day was it you see me go?
Archer—It was on the Wednesday morning.