Smith—I was present when Mr. Goodere was brought to Bristol after this murder happened, when he was asked (before the justices) about the seizing, detaining and murdering sir John Dineley; and he then directly answered that he did not know that his brother was murdered or dead. He was then asked in relation to the manner of seizing him, and carrying him away; he said he knew nothing of it till he came to the boat, and when he came there he saw his brother in the boat; but he did not know that his brother had been used at that rate.
Shepard—Mr. Smith, Sir, you are speaking about sir John; by what name did you commonly call him?
Smith—Sir John Dineley Goodere.
The Recorder—Mr. Goodere, have you any questions to ask Mr. Smith?
Goodere—Yes, Sir. Mr. Smith, I ask you what sir John Dineley's business was with you, and how much money were you to advance?
Smith—Five thousand pounds, Sir; and I told him that I was satisfied that it was a good title.
Goodere—I ask you if you knew him to be a knight and a baronet?
Smith—I can't tell; I never saw the letters patent.
Goodere—Can't you tell how you styled him in the writings?
Vernon objected to this, because baronetage must be derived from letters-patent, and therefore could not be properly proved by Mr. Smith's personal knowledge; and added that it was not material, because the indictment alleged that the person murdered was Sir John Dineley Goodere, and the prosecution would prove that he usually went by that name.