The Historical Nights' Entertainment - The Historical Nights' Entertainment Volume I Part 19
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The Historical Nights' Entertainment Volume I Part 19

"Dunne, how came you to hide yourself in the malthouse?"

"My lord," said Dunne foolishly, "I was frighted by the noise."

"Prithee, what needest thou be afraid of, for thou didst not know Hicks nor Nelthorp; and my lady only asked thee whether Hicks were a Nonconformist parson. Surely, so very innocent a soul needed no occasion to be afraid. I doubt there was something in the case of that business we were talking of before. If we could but get out of thee what it was."

But Dunne continued to evade.

"My lord, I heard a great noise in the house, and did not know what it meant. So I went and hid myself."

"It is very strange thou shouldst hide thyself for a little noise, when thou knewest nothing of the business."

Again the witness, with a candle still held close to his nose, complained that he was quite cluttered out of his senses, and did not know what he was saying.

"But to tell the truth would not rob thee of any of thy senses, if ever thou hadst any," Jeffreys told him angrily. "But it would seem that neither thou nor thy mistress, the prisoner, had any; for she knew nothing of it either, though she had sent for them thither."

"My lord," cried her ladyship at that, "I hope I shall not be condemned without being heard."

"No, God forbid, Mrs. Lisle," he answered; and then viciously flashed forth a hint of the true forces of Nemesis at work against her. "That was a sort of practice in your late husband's time--you know very well what I mean--but God be thanked it is not so now."

Came next the reluctant evidence of Carpenter and his wife, and after that there was yet a fourth equally futile attempt to drag from Dunne an admission that her ladyship was acquainted with Hicks's share in the rebellion. But if stupid, Dunne at least was staunch, and so, with a wealth of valedictory invective, Jeffreys dismissed him, and addressed at last the prisoner, inviting her to speak in her own defence.

She rose to do so, fearlessly yet gently.

"My lord, what I have to say is this. I knew of nobody's coming to my house but Mr. Hicks, and for him I was informed that he did abscond by reason of warrants that were out against him for preaching in private meetings; for that reason I sent to him to come by night. But I had never heard that Nelthorp was to come with him, nor what name Nelthorp had till after he had come to my house. I could die upon it. As for Mr. Hicks, I did not in the least suspect that he had been in the army, being a Presbyterian minister that used to preach and not to fight."

"But I will tell you," Jeffreys interrupted her, "that there is not one of those lying, snivelling, canting Presbyterian rascals but one way or the other had a hand in the late horrid conspiracy and rebellion."

"My lord, I abhorred both the principles and the practices of the late rebellion," she protested; adding that if she had been tried in London, my Lady Abergavenny and many other persons of quality could have testified with what detestation she had spoken of the rebellion, and that she had been in London until Monmouth had been beheaded.

"If I had known the time of my trial in the country," she pursued, "I could have had the testimony of those persons of honour for me. But, my lord, I have been told, and so I thought it would have been, that I should not have been tried for harbouring Mr. Hicks until he should himself be convict as a traitor. I did abhor those that were in the plot and conspiracy against the King. I know my duty to my King better, and have always exercised it. I defy anybody in the world that ever knew contrary to come and give testimony."

His voice broke harshly upon the pause. "Have you any more to say?"

"As to what they say to my denying Nelthorp to be in the house," she resumed. "I was in very great consternation and fear of the soldiers, who were very rude and violent. I beseech your lordship to make that construction of it, and not harbour an ill opinion of me because of those false reports that go about of me, relating to my carriage towards the old King, that I was anyways consenting to the death of King Charles I; for, my lord, that is as false as God is true. I was not out of my chamber all the day in which that king was beheaded, and I believe I shed more tears for him than any other woman then living.

"And I do repeat it, my lord, as I hope to attain salvation, I never did know Nelthorp, nor did I know of anybody's coming but Mr. Hicks. Him I knew to be a Nonconformist minister, and there being, as is well known, warrants out to apprehend all Nonconformist ministers, I was willing to give him shelter from these warrants, which I knew was no treason."

"Have you any more to say for yourself?" he asked her.

"My lord," she was beginning, "I came but five days before this into the country."

"Nay," he broke in, "I cannot tell when you came into the country, nor I don't care. It seems you came in time to harbour rebels."

She protested that if she would have ventured her life for anything, it would have been to serve the King.

"But, though I could not fight for him myself, my son did; he was actually in arms on the King's side in this business. It was I that bred him in loyalty and to fight for the King."

"Well, have you done?" he asked her brutally.

"Yes, my lord," she answered; and resumed her seat, trembling a little from the exertion and emotion of her address.

His charge to the jury began. It was very long, and the first half of it was taken up with windy rhetoric in which the Almighty was invoked at every turn. It degenerated at one time into a sermon upon the text of "render unto Caesar," inveighing against the Presbyterian religion. And the dull length of his lordship's periods, combined with the monotone in which he spoke, lulled the wearied lady at the bar into slumber. She awakened with a start when suddenly his fist crashed down and his voice rose in fierce denunciation of the late rebellion. But she was dozing again--so calm and so little moved was she--before he had come to apply his denunciations to her own case, and this in spite of all her protests that she had held the rebellion in abhorrence.

It was all calculated to prejudice the minds of the jurymen before he came to the facts and the law of the case. And that charge of his throughout, far from being a judicial summing-up, was a virulent address for the prosecution, just as his bearing hitherto in examining and cross-examining witnesses had been that of counsel for the Crown. The statement that she had made in her own defence he utterly ignored, save in one particular, where he saw his opportunity further to prejudice her case.

"I am sorry," he said, his face lengthening, "to remember something that dropped even from the gentlewoman herself. She pretends to religion and loyalty very much--how greatly she wept at the death of King Charles the Martyr--and owns her great obligations to the late king and his royal brother. And yet no sooner is one in the grave than she forgets all gratitude and entertains those that were rebels against his royal successor.

"I will not say," he continued with deliberate emphasis, "what hand her husband had in the death of that blessed martyr; she has enough to answer for her own guilt; and I must confess that it ought not, one way or other, to make any ingredient into this case what she was in former times."

But he had dragged it in, protesting that it should not influence the case, yet coldly, calculatingly intending it to do so. She was the widow of a regicide, reason and to spare in the views of himself and his royal master why she should be hounded to her death upon any pretext.

Thereafter he reviewed the evidence against her, dwelt upon the shuffling of Dunne, deduced that the reason for so much lying was to conceal the damning truth--namely, that she knew Hicks for a rebel when she gave him shelter, and thus became the partner of his horrible guilt. Upon that he charged them to find their verdict "without any consideration of persons, but considering only the truth."

Nevertheless, although his commands were clear, some of the jury would seem to have feared the God whom Jeffreys invoked so constantly. One of them rose to ask him pertinently, in point of law, whether it was treason to have harboured Hicks before the man had been convicted of treason.

Curtly he answered them that beyond doubt it was, and upon that assurance the jury withdrew, the Court settled down into an expectant silence, and her ladyship dozed again in her chair.

The minutes passed. It was growing late, and Jeffreys was eager to be done with this prejudged affair, that he might dine in peace. His voice broke the stillness of the court, protesting his angry wonder at the need to deliberate in so plain a case. He was threatening to adjourn and let the jury lie by all night if they did not bring in their verdict quickly. When, at the end of a half-hour, they returned, his fierce, impatient glance found them ominously grave.

"My lord," said Mr. Whistler, the foreman, "we have to beg of your lordship some directions before we can bring our verdict. We have some doubt upon us whether there be sufficient proof that she knew Hicks to have been in the army."

Well might they doubt it, for there was no proof at all. Yet he never hesitated to answer them.

"There is as full proof as proof can be. But you are judges of the proof. For my part, I thought there was no difficulty in it."

"My lord," the foreman insisted, "we are in some doubt about it."

"I cannot help your doubts," he said irritably. "Was there not proved a discourse of the battle and of the battle and of the army at supper-time?"

"But, my lord, we are not satisfied that she had notice that Hicks was in the army."

He glowered upon them in silence for a moment. They deserved to be themselves indicted for their slowness to perceive where lay their duty to their king.

"I cannot tell what would satisfy you," he said; and sneered. "Did she not inquire of Dunne whether Hicks had been in the army? And when he told her he did not know, she did not say she would refuse if he had been, but ordered him to come by night, by which it is evident she suspected it."

He ignored, you see, her own complete explanation of that circumstance.

"And when Hicks and Nelthorp came, did she not discourse with them about the battle and the army?" (As if that were not at the time a common topic of discussion.) "Come, come, gentlemen," he said, with amazing impudence, "it is plain proof."

But Mr. Whistler was not yet satisfied.

"We do not remember, my lord, that it was proved that she asked any such question."

That put him in a passion.

"Sure," he bellowed, "you do not remember anything that has passed. Did not Dunne tell you there was such a discourse, and she was by? But if there were no such proof, the circumstances and management of the thing are as full proof as can be. I wonder what it is you doubt of!"

Mrs. Lisle had risen. There was a faint flush of excitement on her grey old face.