But to return to the case of Cluff, which led us into this discourse.  The evidence at his trial upon the appeal was, as to its substance thus.  Mrs. Diana Payne, at the Green Lettuce in Holborn, deposed that the prisoner James Cluff and the deceased Mary Green were both of them her servants; that about a quarter of an hour before Mary Green died, she saw the prisoner carry out a pot of drink; that while she was walking in the tap-house with her child in her arms, she saw Mary Green go down into the cellar and bring up two pints of drink, one for a customer and another for herself, which she carried into a box where she was at dinner; that about four or five minutes before the accident happened, Cluff came in, and went to the box to the deceased, and in about four minutes cried out, Madam, pray come hither; that the witness thereupon went to the door of the box and saw the deceased on her backside on the floor, and the prisoner held her up by the shoulders, while the blood ran from her in a stream; that on seeing her, she said to the prisoner, James, what have you done? To which he answered, Nothing, Madam. Whereupon this evidence enquired whether he had seen her do anything to herself, he replied. No, the deceased at that time neither speaking not stirring, but looking as if she were dead.  However, the prisoner at that time said he saw her have a knife in her hand in the cellar, and the witness being prodigiously affrighted called her husband and ran for an apothecary.

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.