The Great Oyer of Poisoning : the Trial of the Earl of Somerset for the Poisoning of Sir Thomas Overbury, in the Tower of London, And Various Matters Connected Therewith, From Contemporary Mss

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It was Walker and Hulet; they were both Serjeants in Kent when you were there, and stout men. Who gave the blow? said I. SaitJi he, poor Walker, and Hidet tooh up the head. Pray, said I, what reward had they ? I am not certain whether they had thirty pounds a-piece, or thirty pounds between them.
Hidet. Pray let Mr. Axtell speak to this, he is hard by." Notwithstanding Axtell was "hard by," and a state prisoner, it was not permitted to Hulet to interrogate him about a conversation put into his
...mouth, and which was to send the prisoner HEARSAY EVIDENCE. 285 at the bar to the gallows. It is remarkable that the next witness. Colonel Tomlinson, gave evidence that he was told by Colonel Pretty, then in Ireland, that Hulet struck the blow. On the other hand, several witnesses deposed that Gregory Brandon (the predecessor of Jack Ketch) then deceased, acknowledged to them that it was he who cut off King Charles's head.
A striking illustration of the uncertainty of hearsay testimony in which two witnesses say that they knew the same identical facts by hearsay, the one of the other, occurs at the trial of Algernon Sidney.


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