by Nicola Pryce
‘Nor do I, Hannah.’
Chapter Forty-nine
The court settled quickly. There was silence even before Sir Richard waved his hand to proceed. The clerk stood up and nodded towards the door. ‘Bring in the prisoner.’
James Polcarrow had his hands clasped in front of him, as if in prayer. The door opened and he stood up, gazing at his wife with such love and anguish. Rose Polcarrow looked pale, her thick chestnut ringlets cascading beneath her hat. She wore a green dress and soft cream leather gloves, her striking beauty causing an audible intake of breath. As she took the stand, her eyes were blazing.
Sir Richard waved his hands as if dismissing an irritating servant. ‘Remove the cuffs…’
‘She looks so beautiful but she’s that angry…’ whispered Hannah.
‘Your name, please?’
‘Rosehannon…Polcarrow.’
‘Rosehannon Polcarrow…you are indicted with the charge of high treason. On the seventh day of November in the year of our Lord, seventeen hundred and ninety-three, you did wilfully, grievously, and with malice aforethought, prejudice the safety of the state by passing on, and receiving, information calculated to be injurious to your king and country…’
‘It’s the same charge,’ whispered Hannah. ‘You’d think they’d learn.’
‘…and thus you did, knowingly, and maliciously, endanger the life of the king. How do you plead?’
‘Not guilty.’ Her voice resonated across the court with unleashed fury.
Mr Wallis stood up, his stance confident and assured. As he walked across the court, there seemed a new arrogance in his gait. ‘Gentlemen of the jury, you are familiar with the charge. I will prove to you that this woman, standing before you, a woman known for her radical views…whose father is a known dissident in gaol at this very minute on the charge of sedition…’
‘Objection…Your Honour.’ Matthew Reith looked furious.
Sir Richard waved his hand. ‘Objection granted.’
Mr Wallis smiled. ‘No matter, gentlemen of the jury, we’ve all the proof you need – you will decide for yourselves if this woman is guilty or not. I call on Mr Nathaniel Ellis.’
I felt suddenly winded. Nathaniel, the sailor I had threatened with a gun. I could hardly look as the door opened. It was definitely him, the same thick-set shoulders, the same bald head browned by the sun, but he was dressed differently; his clothes spotless, he was wearing the blue jacket and white trousers of a naval uniform. I had not seen this coming. Dear God, I had not seen this coming. Arnaud had been trying to warn me.
‘Mr Ellis, you are a bosun in His Majesty’s navy. Perhaps you could tell these gentlemen what you were doing and under whose orders.’
‘Yes, sir. My orders came direct from Captain Penrose of His Majesty’s frigate, HMS Circe. Three of us, sir, sent on special duties – to watch an’ report back. We was to watch all the cutters, sniff round, keep our eyes open and our mouths shut. I saw the cutter L’Aigrette and I thought to watch her, but luck was with me…’
‘In what way was luck with you?’
‘Their man was down with the gripe an’ couldn’t sail. I was in the right place at the right time. I put meself forward for crew. I thought to search the boat, get an idea of the captain, but they took me straight to France…’
‘Who took you to France? We need to know, exactly, who was on that ship the night of the seventh of November? Take your time, the jury need to know everything.’
‘I thought we was goin’ to Jersey. Least that was what the captain said.’
‘Describe the captain…if you please.’
‘Young man – very young for a captain, but an excellent sailor. He knew his stuff and I couldn’t better the way he sailed. Many wouldn’t have put out on a night like that, but Captain Lefèvre crossed to France like it was child’s play. He said he was from Jersey but he sounded French – spoke English just like you an’ me, but sounded French.’
Mr Wallis nodded. ‘And who else was on the ship?’
‘Me, the captain and Jacques. We was about to pull the anchor when a boat comes alongside an’ three people come aboard – two gentlemen an’ a lady.’
Mr Wallis smiled. ‘And who were they?’
‘On my life, sir, I swear it was Sir James Polcarrow, Lady Polcarrow an’ another man.’
‘Indeed?’ The jury looked shocked, shaking their heads, their mouths clamped in the severest disapproval. They raised their eyebrows, nodding to each other across the bench. James Polcarrow stared at Rose, watching the fury in her eyes turn to fear.
Mr Wallis held up his hand. ‘And you immediately set sail?’
‘We did, sir. We had wind an’ tide so we made good progress. We were in Falmouth before the storm hit.’ Nathaniel Ellis was standing tall, a perfect example of the best of our navy. His words were clear, his voice unfaltering. Everyone knew he was telling the truth.
‘Falmouth?’
‘Yes, sir. Once we anchored, Sir James rowed the others ashore.’
‘How did you know it was Sir James?’
‘I knew him, sir. He often walks among the people of the town. I knew him the moment I saw him, though he was dressed in common clothes – like a labourer.’
‘And Lady Polcarrow?’
‘She was there. She was wearing a heavy cloak and hidin’ her face, but she was there.’
‘But Falmouth isn’t France, is it, Mr Ellis?’
‘No, sir, the captain didn’t want me to sail with them… The other sailor, Jacques, was one of them, French, like the captain. He rowed me to Falmouth, hoping to leave me there but the other man was no better and couldn’t leave his bed… so we came straight back to the ship.’
‘Why did they risk taking you?’
‘The storm, sir. They needed three to sail on a night like that.’ Mr Wallis nodded and smiled. ‘When we got back to the ship, I saw Sir James’ rowing boat lying alongside. Straightaway Captain Lefèvre told us to stash it well down an’ prepare to leave.’
‘Yet the storm was coming?’
‘I thought to question his command but Jacques was gettin’ everythin’ ready an’ I had a feelin’, deep inside, that somethin’ wasn’t right so I didn’t question, I just prepared the sails.’
‘And Sir James and Lady Polcarrow were on board?’
‘I can’t say that for certain, sir. I never saw Sir James again, but I saw Lady Polcarrow. I certainly saw her again.’
‘No…that’s not true…that’s a lie…’ shouted Rose, her eyes blazing.
James Polcarrow leapt to his feet. ‘That’s a dammed lie. She never went back…she was with me all the time…’ He was shaking with rage.
Matthew Reith reached for Sir James’ arm, pulling him down. ‘I’m sorry,’ he said, trying to be heard above the sudden uproar. ‘My clients will not interrupt again.’ He shouted louder. ‘They know to wait their turn…please… let the witness proceed.’ I felt sick with fear. It was so hot, so cramped; I could not bend forward to stop the dizziness. If I had only confided in them, they would have been better prepared. I tried to breathe.
Mr Wallis nodded to a man standing by the door and he stepped forward, bearing a black cloak. ‘Mr Ellis, have you ever seen this cloak before?’ He nodded again and the man proceeded to carry it over to the witness stand, spreading the cloak out before reaching up with it.
‘Yes, sir. That’s the exact cloak Lady Polcarrow was wearin’.’
‘Thank you. Can you show that exact same cloak to the members of the jury? They’ll be interested to know that this cloak was found by Major Trelawney when he searched the home of Sir James and Lady Polcarrow.’ He waited for the gasps to subside. ‘And was Lady Polcarrow wearing this cloak when she pointed the gun at you? Perhaps you could tell the court what happened when you got to France.’
‘Jacques told me it was Jersey, an’ I pretended to believe him. I just kept me head down but I knew somethin’ wasn’t right. They were waitin’ for someone. There was a flag wavin�
�� at them from the beach but they weren’t movin’. We were in a bay…there was an abbey and a large wall – afterwards, I knew for certain it was Abbey Beauport but at the time I just kept me head down and got on with me jobs, as if I wasn’t interested…but I was watchin’ them. They was actin’ like they was only smugglin’ but I knew somethin’ was wrong. Not long afterwards, Captain Lefèvre slipped from the stern an’ swum ashore.’
‘Captain Lefèvre swam ashore?’
‘As God’s my witness. I tried to see where he went but Jacques came lungin’ at me. He had a knife an’ I could tell he wanted me dead. I would’ve got the better of him but I never got the chance. Lady Polcarrow came up the steps with her pistol ready. She was pointin’ it at me and swearin’, saying she weren’t afraid to use it. She meant it, too. She knew what she was doing alright.’
‘You were in grave danger, Mr Ellis.’
‘I was a dead man. If I didn’t jump, they’d have shot me.’ He waited for gasps of horror to quieten ‘…so I jumped… but the good Lord was watching over me…somehow I made it to the shore. I’m no swimmer but I made it, no thanks to Lady Polcarrow.’ He glowered across the court at Rose.
‘We’re certainly very glad you did, Mr Ellis. Your king, your country…indeed everyone in this hall is grateful you did. But what did you see then, Mr Ellis?’
‘Men was runnin’ along the beach and I feared for me life. I had to hide meself as best I could. When I thought it clear to look, I saw a boat alongside the ship. Captain Lefèvre was carryin’ up an injured monk an’ Lady Polcarrow was in the boat.’
‘You saw Lady Polcarrow in the boat?’
‘I did, sir. As God’s my witness…Lady Polcarrow rowed ashore to pick up the spy.’
Mr Wallis nodded at the jurymen. ‘You say injured, Mr Ellis?’
‘Yes, sir, I followed the blood. It led to a hidden beach among the reeds, just in front of the abbey. They use the abbey as a hidin’ place. It’s a place no-one goes – the tide’s too treacherous and there are rocks an’ sandbanks everywhere. Most people leave it well alone.’
‘And they sailed back without you? They left you in an enemy country in grave danger of your life?’
‘They did, and I never thought to see England again. Lady Polcarrow cared nothin’ about leavin’ me there. I was in great peril and had to pretend I was dumb an’ couldn’t speak. I found a fishin’ boat goin’ to Jersey and I came straight back to tell Captain Penrose. Only the ship had sailed, so I got word to Major Trelawney. We searched the house, found the cloak an’ he sent me straight here. I’m glad I’ve got here in time.’
‘Thank you, Mr Ellis. The court commends your bravery. No more questions.’ Mr Wallis smiled at the jury and walked back to his chair.
Chapter Fifty
Matthew Reith and James Polcarrow were deep in conversation, Matthew Reith nodding vigorously, firing questions; James Polcarrow was leaning forward, his hands clasped in front of him. Sir Richard looked up and scowled. ‘Mr Reith…is the court to wait much longer?’
Matthew Reith glanced up at the gallery, scanning the crowd and I knew he was searching for me. He owed me nothing. I was the daughter of the man who had falsely accused his friends. He recognised me at once, his glance cold, furious, leaving me in no doubt that by saving Rose he would implicate me – maybe not directly, maybe not by name, but by the trail I must have left behind. I could hardly hear Hannah for the shouting. ‘She can’t be guilty…ye don’t think she’s done it, do ye? Only he wasn’t lying, he was telling the truth…’
My mouth was almost too dry to speak. ‘I’m sure she didn’t do it…it must have been someone else.’
She blew her nose. ‘Ye think so? Mr Reith better get her off.’
‘He will,’ I said with absolute certainty. This changed everything, everything. My life was hanging in the balance and I could do nothing but watch it happen.
Matthew Reith stood up, suddenly smiling, giving every impression of enjoying himself. ‘Mr Ellis, the court commends you and so do I…and so, I’m sure, do the members of the jury. I have every respect for our brave navy and the work you do. Catching French spies is a difficult and dangerous task and everyone in this court is grateful there are men like you who put their lives in such danger. I do not doubt anything you have told the court. I believe you are telling the truth. I believe you are an honest, God-fearing man and would never perjure yourself. Indeed, I admire you.’
Nathaniel Ellis looked puzzled, glancing over to Mr Wallis. ‘Thank you, sir.’
‘Your brave actions have uncovered a network of spies – of that there’s no doubt. The question we must ask, however, is…who exactly are these spies? Who…beyond all reasonable doubt are the men and women involved in such a heinous crime? Certainly, Captain Lefèvre…certainly, the man, Jacques…certainly, the woman in the black cloak, but who was she really, Mr Ellis? I put it to you that you are not lying but that you are mistaken in who you thought was Lady Polcarrow.’
Nathaniel Ellis shook his head. ‘No, sir, I saw what I saw.’
‘You saw what you saw but did you, Mr Ellis? I have three, no four, witnesses who are about to follow you to this very stand, who are also good, honest men and woman who, just like you, would never perjure themselves. Yet each and every one of them can swear, under oath, that on the night in question Lady Polcarrow did board L’Aigrette alongside her husband, but she was dressed as a man.’
The crowd drew breath, a collective gasp resounding across the hall. Matthew Reith waited, nodding his head. ‘Two men and one lady did not board your ship, Mr Ellis, but one man and two ladies. Tell me, what is this Captain Lefèvre like? We know he’s a young man…would you say he’s a healthy man…and by that, I mean a man with healthy appetites? A man who might like a little bit of company on those long nights at sea?’
‘He’s a healthy man.’
‘Would you say he’s a ladies’ man? Or rather, a man ladies might find irresistible? I believe all women love a sailor… but a lusty, young captain? Now, there’s a thought. I often wish I’d chosen the sea instead of burying my head inside all those dusty law books…’ He turned to the crowd, raising his eyebrows at their roar of laughter.
Nathaniel Ellis nodded. ‘Perhaps, sir.’
‘And how did our lusty captain greet the woman in the black cloak? Did he bow politely? Did he proffer due respect? After all, Sir James Polcarrow is his employer and the ship belongs to Lady Polcarrow…how did he greet her, Mr Ellis?’
Nathaniel Ellis looked shaken. ‘He helped her aboard…’
‘How, exactly?’ Matthew looked back at his audience, once again raising his eyebrows. ‘Did he politely offer his hand or did he carry her up the ladder as if he could not wait to get her to his cabin?’
‘He carried her up the ladder, sir. He could see she was in difficulty – the sea was rough, the boats were knocking together…she was losing her grip and was in danger of slipping. He came down the ladder and helped her—’
‘Helped her, or carried her?’
‘Carried her, sir.’
‘How, exactly?’
‘Over his shoulder, sir.’
Matthew turned, once again, to his delighted audience, pursing his lips and rubbing his chin. ‘Over his shoulder…’ he repeated, with a knowing smile. ‘Mr Ellis, I know Sir James very well. He has been married for only a few weeks. If his wife was dangling in danger over a heaving sea…do you think he would allow another man the privilege of sweeping her into his arms…let alone hoisting her over his shoulder like a willing wench?’ He held out his hand to the roaring crowd, his finger pointing in the air. ‘Especially, let me add, a lusty French captain known to be such a favourite with the ladies…’
Hannah was laughing like everyone else. The crowd was lapping it up like a cat with cream. They were whistling, stamping their feet. Even some of the jurymen could not hide their smiles. I tried to smile, to hide the fear ripping through me. Rose would be acquitted and that was all that mattered, bu
t as soon as the verdict was passed they would start their search. They would ask everyone the identity of the woman – first Sir James and Rose, then Jenna, the man Joseph, the footman, the servants. Everyone would be asked. My heart jolted; Phillip Randall would use this as blackmail.
Matthew Reith was trying to be heard, his voice deadly serious. ‘There’s not a person in this hall who doubts your testimony, Mr Ellis…I do not doubt your testimony but I ask you to consider, very carefully, whether you can, beyond all reasonable doubt, swear to the identity of the woman you are calling Lady Polcarrow. You must be sure of your facts because the life of an innocent woman lies in your hands.
‘Think hard. This town is known for its woollen manufactory. There are trucking mills almost everywhere you look. And what do they make? Wool to be dyed and woven into cloaks – just like the one you have there…and just like all the other ones that are here in this hall. I could ask every woman and every man present here, if they had seen this cloak…and their answer would be yes…because that cloak is like every other cloak worn in this town.’ He turned to the jury. ‘That black cloak is evidence that the woman wearing it did not want to be identified but Mr Ellis never saw the face of the woman hiding beneath it – the woman he alleges to be Lady Polcarrow. He never saw it, because she was not there.’
‘Objection, My Lord. That cloak was found in Lady Polcarrow’s room.’ Mr Wallis was clearly flustered. He could see the jurymen shaking their heads.
‘Objection dismissed. Get to the point, Mr Reith.’
‘My point is that my next witnesses will prove that on that night Rose Polcarrow was dressed in men’s clothes. Indeed, Captain Lefèvre must have recognised her at once because he had seen her dressed like that before. In Lady Polcarrow’s defence, I shall call on Miss Marlow and other witnesses from Falmouth who all saw Lady Polcarrow dressed as a man. Their testimonies will stand any amount of questioning…so my point is that you must think very carefully, Mr Ellis. Did you, or did you not, ever see the face of the woman in the cloak?’