JOHN FUSSELL--I had this handkerchief from Mahony on the 19th of January last, the night when we took him, I found it on his neck; when he was seized he took it off; I took it out of his hand, it was bloody then as it is now, I put it into my pocket.
_John Mitchel_, the chief clerk to the Town Clerk, produced the examination of Matthew Mahony, taken before the Mayor, voluntarily signed by Mahony in the Mayor's presence, and signed by the Mayor.
_Clerk reads the Examination in these words:_
City and county of Bristol, to wit. The voluntary Examination and Confession of Matthew Mahony, a native of Ireland, aged about 21 years. This Examinant confesseth and saith, That about sixteen or seventeen days ago, and several times since, he was desired by Mr. Goodere, captain of the _Ruby_ man-of-war, now lying at King-road, in the county of the city of Bristol, to seize his, the captain's, brother, sir John Dineley Goodere, bart., and bring him on board the said man-of-war; and that on Tuesday last, this examinant, and the crew belonging to the man-of-war's barge, and Edward Mac-Daniel, John Mac-Graree, and William Hammon, privateer's men, were placed by the said captain at the White-Hart alehouse, opposite St. Augustine's Church, in order to seize sir John Dineley Goodere that day; but it so happened that the captain forbid them to do it then. And that on Sunday last, this examinant, the said barge's crew, or the greatest part of them, and George Best, cock-stern of the barge, the said Edward Mac-Daniel, John Mac-Graree, William Hammon, and one Charles Bryer, privateer's men as aforesaid, were again placed at the White-Hart aforesaid, to seize the said sir John Dineley Goodere, and waited there for some time; and he coming out of Mr. Jarrit Smith's house, and coming under St. Augustine's church-yard wall, this examinant and his comrades pursued him, and near the pump there they came up with him, and told him there was a gentleman wanted to speak with him; and he, asking where the gentleman was, was answered, a little way off, and he went quietly a little way; but no one appearing, he resisted and refused to go; whereupon this examinant and comrades sometimes forcibly hauled and pushed, and at other times carried him over St. Augustine's butts, captain Day's rope-walk, and along the road to the hot-well (captain Goodere being sometimes a little behind, and sometimes amongst the crowd all the way), till they came to the slip where the barge lay. But sir John was very unwilling to go, made the utmost resistance, and cried out murder a great many times; and when he was put into the barge, called out and desired somebody would go to Mr. Jarrit Smith, and tell him of his ill-usage, and that his name was sir John Dineley; whereupon the captain clapt his hand on sir John's mouth to stop him speaking, and told him not to make such a noise, he had got him out of the lion's mouth (meaning the lawyer's hands), and would take care he should not spend his estate; and bid the barge men row away, which they did; and in their passage to the man-of-war, the two brothers bickered all the way. But when they came to the man-of-war, sir John went on board as well as he could, and the captain took him down into the purser's cabin, and stayed a little time with him, and treated him with a dram of rum, and then left him for a considerable time; and in the interim sent for this examinant into his, the captain's cabin, and there told this examinant he must murder his brother, for that he was mad, and should not live till four o'clock in the morning; and this examinant reasoning with him, and telling him he would not be concerned and that he thought he had brought him there with intent only to bring him to reason, and take care that he should not spend his estate in law, and to have a perfect reconciliation: but the captain still insisting, that this examinant had taken him, he should do it; and this examinant then saying, he was not able to do it of himself, the captain replied, if this examinant could get nobody else, he and this examinant must do it themselves. And then ordered him to call one Elisha Cole; and he being too drunk to undertake such an affair, bid this examinant call one Charles White, a very stout lusty fellow, and the captain gave him a dram, and bid him sit down, and soon gave other drams, and asked him if he could fight, and told him, Here is a madman, he must be murdered and thou shalt have a handsome reward.