Shepard replied, trying to distinguish Goodere's case from those which had been cited by Vernon, and suggesting that Goodere only brought his brother on board the ship in order that he might take proper care of him; but the Recorder stopped him, pointing out that he was going off from the point of law to matter of fact. He said that he should tell the jury that if they believed that Goodere stood at the cabin door to prevent any persons coming who might prevent the murder, or to encourage those within in the business they were about, they must find him guilty on the indictment. He then recapitulated the facts in some detail, but did not add any comment. He concluded by laying down the law as to whether Goodere was an accessory to what was done, in the sense already indicated, and told the jury that, in such a case as the present, they would be well-advised not to attach much weight to the evidence given as to Goodere's character.
The jury thereupon retired, and after a short space returned, and found both the prisoners Guilty.
The next day Charles White was tried on a separate indictment for the same murder. He pleaded Not Guilty, but was convicted, chiefly on the evidence of Jones the cooper and his wife, and his own confession.
On the next day all three prisoners were brought up, and having nothing to say for themselves were all sentenced to death.
They were all hung at Bristol on the 15th of April, having confessed the fact. 'The body of Mahony is hung in chains near the place where the horrid fact was committed.'
FOOTNOTES:
[51] Samuel Goodere (1687-1741) entered the navy in 1705, served through the War of Spanish Succession, but in 1719 was found guilty by a court-martial of having been very much wanting in the performance of his duty in the attack on St. Sebastian in the same year. He was temporarily appointed to another ship for rank in 1733. He was then living with his father, who had quarrelled with John; and apparently John had quarrelled with his wife, who was supported against him by Samuel. The father's will disappointed both sons, and John, having cut off the entail of his estate during his son's life, after his death announced his intention of leaving it to one of the Footes, a cousin of the actor, which probably led to his murder. Samuel left two sons; it seems doubtful whether they succeeded to the baronetcy. The elder died insane. The younger became a poor knight at Windsor, and dropped the name of Goodere. He made himself conspicuous by the oddity of his behaviour. He believed that a small sum of money expended in law-proceedings would realise a fortune, and that that money would be obtained through a wife. He therefore frequented crowded places, and on seeing any woman or girl he did not know would present her respectfully with a printed proposal of marriage. He died in 1809.
[52] Sir Michael Foster (1681-1763) entered Exeter College 1705, was called to the Bar in 1713, and practised locally at his native town of Marlborough. He became Recorder of Bristol in 1735, and a puisne judge of the King's Bench in 1745. He enjoyed a great reputation as a master of Crown Law, and was the author of the well-known Discourses on that subject.
[53] After mentioning certain obsolete rules relating to indictments, Sir James Stephen says:—'I do not think that anything has tended more strongly to bring the law into discredit than the importance attached to such technicalities as these. As far as they went, their tendency was to make the administration of justice a solemn farce. Such scandals do not seem, however, to have been unpopular. Indeed, I have some doubt whether they were not popular, as they did mitigate, though in an irrational, capricious manner, the excessive severity of the old criminal law' (Hist. Crim. Law, vol. i. p. 284).
[54] It is curious that Shepard did not take the point that the prisoner was not described as a baronet, which he in fact became on his brother's murder. Till recently such an objection would have been fatal.