by Evie Grace
‘This is no way to impress the squire,’ Catherine said as she put him to bed. She prayed that her father would make a quick recovery and continue his efforts to restore the farm to its former glory. How would he cope, though, if Mr Hadington failed to obtain Matty’s release at the Assizes? Would he give up on the tenancy if he felt there was no future in it for the Rooks?
She gave herself a stern telling-off for weakening in her resolve to remain optimistic. Matty was innocent and one day soon he would come home.
Chapter Thirteen
The Assizes
Maidstone
Mr Hadington sent word that he was preparing to represent Matty at the trial, and in early August, the prisoners were set to face the Assize Grand Jury. Pa remained on the farm with John, watching and waiting for the weather to turn. The soft fruits, the raspberries and strawberries, had turned black and bitter on the plants in June and July. A dog had attacked and killed several of the season’s lambs, and now the barley was beaten down and laid low by rain, while the weeds flourished.
George did what he could, but he was an old man with an invalid for a wife and two sons awaiting trial for the most serious of crimes. The only light in his life was news of the safe delivery of his first grandchild. Emily gave birth to a daughter, whom the couple named Jessie.
The day before the trial was due to start, Stephen and Catherine took the cart and the fittest of the horses to Maidstone.
‘I hope Emily and the baby are well,’ she said, as they travelled along the busy turnpike road.
‘They’re the picture of health.’ Stephen smiled. ‘I didn’t want to leave them, but my master’s wife is at home to help, and I can’t not attend the trial when my father has asked me to be there on his behalf. Besides, Emily insisted that I chaperone you.’ He glanced towards her. ‘Try not to worry too much about Matty. He has the best defence possible. It’s Jervis who’s deeper in the mire.’
‘You’re right, but I’m still afraid of what the outcome might be.’
‘I know. So am I. I wish … Oh, what’s the purpose of wishing things could have been different? It is as it is, and you can’t do anything about it except pray, and I’m not sure that that does any good.’
‘Stephen, you mustn’t say that. It’s the only thing we have left.’
After being on the road for almost six hours, they stopped at the Black Horse on the Pilgrims’ Way in the hamlet of Thurnham. Catherine remained with the horse and cart while Stephen went inside to speak to the innkeeper. He returned shortly afterwards.
‘I’ve taken rooms for the night,’ he said. ‘It turns out that we’ve been lucky to find somewhere to sleep. Apparently, hundreds have descended on Maidstone for the trials. I’ll walk in to town to obtain tickets later.’
Catherine frowned.
‘Without them, we won’t be able to get in to the courthouse,’ he told her.
‘Go quickly then,’ she urged. ‘I’ll wait here with the cart and our belongings.’
In spite of her arguments to the contrary, Stephen carried their bags into the rooms and made sure the locks were secure before he left her.
‘Promise me that you’ll stay in your room until I return. I’ll knock twice, like this.’ He rapped his knuckles against the door.
‘Just go,’ she said, and he took the horse and cart into town for speed, returning with tickets a couple of hours later. They ate supper together before retiring to their beds, but she couldn’t sleep for the heat and the people laughing and talking outside, and the drunkards stumbling up the stairs. She was lying on top of the sheets with her hand resting on her belly when she felt a fluttering movement like a butterfly beneath her fingers. Her heart leapt with joy. It was a good omen: the baby had quickened.
In the morning, she was ready when Stephen knocked on the door.
‘Are you well? Only you look very pale,’ he said. ‘You must have some breakfast. You hardly ate anything last night.’
‘Thank you for your concern, but I’m not hungry.’
‘I’ll send for some buttered eggs on toast and tea. At least try it. It’s going to be a long day.’
She gave in and ate a little breakfast with him. They talked about Emily and the baby, and how Stephen, having cured Sir William’s horse of its lameness, had kept it as his own. They reminisced about the dame school, and the time when Matty had hidden a frog in one of the desks.
‘Old Faggy made him stand in the corner with a book balanced on the top of his head,’ Stephen said, smiling. ‘I wish I could have acted as bold and carefree as he did. I envy him that, not that I’d want to be in his shoes now, though.’
She choked back a tear. She couldn’t help it.
‘I’m sorry, Catherine. I shouldn’t have said anything. I’ve upset you. Let me hire a cab to take us into town. The landlord says there are horses and drivers available.’
‘Oh no, I’d prefer to walk if it isn’t too far.’
‘It’s about an hour and a half on foot.’
‘That’s nothing,’ she said.
‘Are you sure? Emily was afraid to walk more than a few yards when she was in your condition.’
‘I’ll be fine, I promise.’
Arriving in Maidstone some time later, they found the roads so thronged with people that it took a while to push their way through to reach the courthouse. When they got there, they found seats in the gallery among some ladies who seemed to be dressed far too gaily for the occasion. Lord Denman, Lord Chief Justice, took his place, and a pair of guards led the prisoners into the court.
Catherine leaned forwards to look for Matty, but he didn’t appear at the bar.
‘What’s happened?’ she whispered to Stephen. ‘Where is he?’
‘The judge is saying that today will be devoted to the murder of Mears, the constable’s brother.’
Catherine sank back, her heart heavy with disappointment at the thought that Matty’s ordeal wouldn’t be over for at least another day. The hours ticked away painfully slowly as witnesses were called and cross-examined. Eventually Lord Denman did his summing up, impressing upon the jury that there was no justification for the prisoners to join in a criminal outrage, even if they feared for their own safety at the hands of Sir William Courtenay.
The jury retired at five, and the two prisoners present laid their heads on the bar. Half an hour later, the jury returned and declared them guilty of murder, but strongly recommended them to mercy.
‘I sentence these men’ – Lord Denman named them – ‘to death.’
Stephen grasped Catherine’s hand and held it tight. There were cries of shock and despair, and the gaily dressed ladies fanned themselves furiously, as if to waft the judge’s verdict away.
‘However,’ the judge went on, ‘their lives will be spared, thanks to the recommendation of this jury.’
Catherine didn’t know what to think. They were to die, then they were to live. She looked at Stephen.
‘What does that mean for Matty?’
‘We’ll find out tomorrow. As long as Mr Hadington does what you’re paying him to do, he’ll be cleared. As for Jervis’ – he frowned – ‘who knows what will happen to him?’
The next day when they took their seats in the courthouse, nine prisoners were led to the bar. Catherine caught sight of the two brothers. Matty was looking around the court when suddenly he saw her. His eyes lit up and he blew her a kiss. She smiled in return, but she felt only pain. He was haggard like an old crone, his cheeks sunken in and his ribs showing where his jerkin was torn to the waist. His hair was long and unkempt, and somehow, his scruffy appearance made him look … well, guilty, she decided.
Eventually, Mr Hadington stepped up to address the court. He was counsel for Mr Matthew Carter who was charged along with the other men present with the murder of Lieutenant Bennett. Matty bowed his head as his lawyer spoke on his behalf.
‘I am quite satisfied that this deluded man will find in your lordship a humane and merciful administrator of the la
w. There is no one who could agree that Sir William Courtenay’s followers planned the act which that mad man committed.’ He stroked his chin as though considering, giving time for his words to make an impression on the judge and jury.
‘He should be on the stage,’ Stephen whispered.
Catherine nodded as Mr Hadington continued.
‘It is my duty not to struggle with the law as laid down by his lordship yesterday, and I have therefore advised Matthew Carter to plead guilty of the charge that is laid against him.’
‘No,’ Catherine said out loud. This wasn’t what she’d asked for. What was he doing? ‘This is wrong. He’s innocent.’
Matty’s counsel flashed her a glance.
‘Silence in the gallery,’ Lord Denman ordered before he went on to examine the character of each of the prisoners.
‘It will be soon,’ Stephen whispered again. ‘He’ll address them shortly and give his decision.’ He took Catherine’s hand and held it tight. She waited with bated breath as the judge spoke.
‘You, Jervis Carter, Matthew Carter’ – he listed the nine men – ‘have been severally convicted of the crime of murder and the law requires that I should pass a capital sentence upon you …’
Catherine’s heart stopped. Her head began to swim. The verdicts from the day before hadn’t set a precedent. Matty was going to hang.
‘I think it right to state to you that your lives will be spared,’ his lordship continued.
‘Catherine’ – Stephen’s voice cut into her consciousness – ‘my brothers are saved.’
‘Your offence is of an enormous nature, with ignorance and folly thrown in. Matthew Carter, your counsel has advised me of your guilty plea which I take into account when considering your sentence. However, you and your brother Jervis Carter continued to follow your fanatic leader after the murder of Mears, encouraging him during the day in further violence.’
‘It isn’t true,’ Catherine muttered as she watched the tears rolling down Matty’s face. ‘He was trying to prevent Sir William and his gang from causing any more injury. He wasn’t part of it. Why can’t anyone see that?’
‘Hush,’ Stephen said in a low voice. ‘The decision is based on the evidence that’s been presented in court. There’s nothing we can do. Just listen.’
Lord Denman meted out Matty’s punishment.
‘With regard to you, it is perfectly clear that you cannot remain in this country. You must be made an example of in the severest way, short only of depriving you of your life.’
‘He isn’t to die,’ Stephen said, but his face was white and his hands shaking. ‘That’s something, isn’t it?’
She nodded weakly as the judge went on, ‘You retire from this bar and from this country to be conveyed to distant parts where you will be removed from your dearest connections and relations for life.’
Catherine sank to her knees in despair. It was over. Matty was to be transported to the other side of the world, where he would remain for the rest of his days, and she would never see him again.
‘Jervis Carter, you too retire from this bar and from this country.’ Lord Denman sentenced him to transportation for life as well for his part in the affray. Another of the prisoners received a ten-year banishment while the other six faced a year’s imprisonment, by which time every man at the bar was crying, as were their relatives and friends in the gallery. ‘I have to finish by expressing my astonishment at the credulity that made these people of Canterbury and East Kent the dupe of a lunatic. I would anticipate that measures will be decided in Parliament to ensure that nothing like this can happen again.’
The audience started to surge towards the stairs and exits.
‘How am I going to tell my ma and pa that two of their sons are to be sent across the sea to a place far away, never to be seen again? It will kill them,’ Stephen said, helping Catherine up. ‘Where are you going?’ he added when she made to move away.
‘To speak with him.’
‘Mr Hadington?’
‘No, Matty.’
‘Miss Rook, a word.’ Matty’s counsel approached her and Stephen. ‘I wanted to let you know that it was the best outcome in the circumstances.’
‘I disagree,’ she said. ‘You advised him to plead guilty, which meant that he didn’t have a chance to prove his innocence.’
‘That wouldn’t have happened anyway. You heard witnesses confirm that he had the pistol in his hand when the soldier was killed. Take cheer in the sentence if not the verdict. At least he will not swing from the gallows.’ He paused. ‘I will invoice you.’
She pulled the wad of banknotes from her breast.
‘Take your money,’ she said, thrusting it towards him.
‘This is most irregular, and rather vulgar. Keep it for now. Let me know where you are staying and I will send a man to pick it up.’
‘We are at the Black Horse in Thurnham for one more night,’ Stephen said.
‘He will be with you tonight. I trust I will hear no more from you after this.’
‘I can assure you that I have no desire to impose on you again,’ she said bitterly. Her true father had let her down for a second time, and she wanted nothing more to do with him. She turned her eyes towards the prisoners who were stopped in a line just beyond the bar.
A minute, she thought. If she could just have a minute to talk to her beloved Matty.
Leaving Stephen behind, she forced her way through the crowd of weeping women who were trying to reach their menfolk. She recognised the elderly woman from the Red Lion, who stepped aside to let her pass.
‘I’m sorry, ducky,’ she said. ‘My son is one of the lucky ones – he’ll be back with us within a year. Go and say your goodbyes.’
It was too late. The prisoners were moved on and taken outside, and the door was shut in their relatives’ faces. Catherine turned to look for Stephen.
‘It’s all right,’ he said, forcing his way through the melee. ‘You can see him. Mr Hadington’s arranging it with one of the guards.’
‘What did you say to him?’
‘The sight of your distress triggered a touch of compassion in his soul. Perhaps something reminded him that you are made of the same flesh. It’s all right. I know of the relationship between you, although in normal circumstances I prefer not to distress you by recognising it.’ Stephen took her arm. ‘Come outside quickly before the prisoners are taken away.’
They found Matty at the side of the courthouse where a couple of reporters were taking notes and an artist was drawing caricatures of the convicted men. Catherine rushed towards them.
‘Please, miss. Stand back,’ said the guard, shoving the prisoners into line with a stick. ‘These animals are a danger to the public.’
‘This is my fiancé’ – she pointed towards Matty, who was gazing at her, his eyes red from crying – ‘and he’s innocent.’
‘Not in the eyes of the law,’ the guard countered.
‘Matty Carter’s lawyer has arranged for this lady to speak with him,’ Stephen interrupted.
‘Ah yes, he did send word to that effect, but you’ll have to talk here.’
‘Can’t we have a few minutes in private?’ Catherine said. ‘I beg you to show some kindness.’
‘It isn’t my job to be kind. You’ll talk here, and if anyone so much as tries anything, I’ll have them.’
Catherine shuddered. He was a short, well-muscled man with a scar across his cheek and a limp. He kept one hand on his stick and one on the knife that was sheathed at his waist. She could well believe his threat.
She turned to Matty.
‘I’m so sorry,’ she sobbed. ‘I tried my best.’
‘I know. And I’m sorrier than you can imagine for getting caught up in this terrible mess, but there’s nothing we can do now.’ His eyes filled with fresh tears.
‘Will I see you again before you go?’
‘I doubt it. I believe that I’m going to Rochester to await transportation.’ He forced a smile. ‘I’ve
always wanted to travel the world and here I am heading for Tasmania, wherever that is.’
Catherine trembled. All she wanted to do was throw her arms around him and dissolve into him, to become one so they could travel together.
‘You’ll look after yourself and the child,’ he said.
‘It’s a girl, our daughter. I checked with a ring and thread. It is certain.’
Matty bit his lip.
‘It would make me very happy if you’d name her after my ma and yours: not Margaret, but Ivy. Agnes Ivy. What do you think?’
‘They’re beautiful names.’
‘I’ve had an awful lot of time to think of them,’ he said wryly.
Catherine blundered on, ‘You’ll see her upon your return. I’ll burn a candle every night to light your way.’
He shook his head.
‘Don’t wait for me. Mr Hadington says that I must have no expectation of ever coming back to these shores. Life means life.’
‘No’ – she clasped her hands together in anguish – ‘I can’t bear it.’
‘I’ll take comfort in the idea that you will think of me fondly now and again. I will think of you always, filled with regret for my mistakes and weaknesses.’
‘Oh, Matty,’ she cried.
‘I have a request,’ he went on hoarsely.
‘Anything.’ Her heart was beating painfully in her chest. ‘You know I’ll do anything for you.’
‘This is the hardest thing I’ve ever done.’ He took a deep breath before continuing, ‘I’m asking you to break off our engagement.’
She could scarcely believe his words. ‘How can you say that when we are promised to each other? How can you be so cruel?’
‘I’m doing this for your sake, not mine.’
‘I should rather remain betrothed to you, the father of my child. I will be ruined otherwise.’