“I was just coming to that.” Jabez seemed a little irritated that he’d been interrupted.
“I’d been in the workhouse over five years when, without warning, I was instructed to pack and told I was to start work the next day as a pauper apprentice. These were the words we all dreaded to hear because where the workhouse was located, becoming a pauper apprentice for nearly all of us meant only one thing, the Manchester Mills. We’d heard all sorts of tales about those places: brutal overseers, long hours, poor food and little rest. Because they were so tired, we knew many apprentices through a moment’s loss of concentration, had lost fingers, whole arms, maimed in many ways; a few had even been killed. The only other place I’d heard of someone being sent were the mines. In fact, my best friend was killed by an explosion in a North Wales copper mine.”
All this background was useful for gaining sympathy and to show how Jabez had made something of himself, but I didn’t want the Jury getting bored. So to move him on I asked,
“So that’s how you started at the Boar?”
"That’s right. Packing took little time as I didn’t have much, nothing but a spare smock and a book our tutor had given me. So in the morning, after a quick breakfast, I went straight to the gate. The master was standing there with another man who I didn’t recognise but who, of course, turned out to be Mr Dodds. The master spoke to me. He said,
’Thanks to the parish, for whose generosity I hope you’re grateful, you’ve received a free education while you’ve been here and we’ve taught you to read. Mr Dodds here is looking for an apprentice to help him run his pub and he particularly wants a boy who can read, so that’s why you’ve been chosen.
Now let me be clear. You’d better suit lad because I don’t want to see you back here. Nor will Mr Deeming. (He was our tutor.), because you’ve been chosen on his word.’
I didn’t know Mr Dodds and didn’t know whether I’d ‘suit’, but at least I wasn’t going to a mill or a mine and that suited me very well."
There was a ripple of laughter. I looked around. All of the gallery and most of the Jury were listening to Jabez with rapt attention. There were only two members of the Jury, sitting together and talking to one another, who were clearly less than persuaded by Jabez’ tale.
I tried not to let them unsettle me and turned again to Jabez, who was continuing his story.
"… I settled in to what was required of me. As I grew older, Mr Dodds allowed me more and more responsibility, and on the day he told me I’d completed my apprenticeship, he also gave me a copy of his Will leaving everything to me.
He died about a year later and the pub became mine."
I knew there was more he wanted to tell, but I judged the jury had heard enough to form what I hoped was a favourable opinion of Jabez; or at least the majority of them had. So I decided now was probably the right time to address the question of the salt.
“Now Mr Payne, I want you tell the court about the salt that Mr Herne says they found in your cellar.”
I fully expected Jabez, as we’d agreed, to tell them he’d known nothing about it until the Excise men raided the pub. He was supposed to claim it must have been put there by someone who wanted him caught. So I was taken aback by his answer.
“It was part of a delivery but the barrel was faulty and beer spoilt the salt. It was in my cellar waiting to be destroyed.”
“But you weren’t aware it was there?”
I didn’t know what he was doing, but he clearly wasn’t following our plan – what he said next sealed his fate. Unblinking, he looked straight at me and said,
“Of course I did, it was me who put it there. I was supposed to deliver it to someone – and before you ask, I never learnt his name.”
Bemused, I didn’t know what to say; my client had just pleaded guilty to a capital crime. But Jabez hadn’t finished and now what he was doing became clear.
“I put it down there so that Admonition didn’t see it. I never let her in the cellar for any reason. I made sure she didn’t see or know anything about what I was doing.”
It was obvious Jabez was sacrificing himself in order to save Admonition, but he was still my client and I had a duty to do my best for him. I had thought Bernshaw might have intervened at this point, just to be sure Jabez understood what he was saying and that none of the jury had missed anything. But he just sat with the hint of a smile on his lips, listening; he knew Jabez needed no assistance in hanging himself.
So I had one last try. I knew we were going to lose but I still hoped for some mitigation.
“I think the court understands your claim that your wife took no part in the smuggling, but I don’t think any of us understand why, after all those years as the landlord of the pub closest to the salt pans, you became involved. There must have been many opportunities over the years, so why now? Tell us, were you coerced in any way?”
In all the time he was giving evidence, this was the only time Jabez faltered. But after just a moment he replied,
“No, of course not.”
I’d seen the hesitation, so I pressed him.
“So why get involved?”
“Because the pub was losing money.”
He seemed resolute again.
“I did it to save the pub.”
“So no one made you do it?”
“No one.”
I was at a loss and didn’t know what else I could do. I’d given him every chance to make his sentence a little lighter, but he’d refused the opportunity on every occasion. I told the judge I had no further questions and left it to Bernshaw to do his worst.
He knew he didn’t need much more from Jabez. He really had only one question to ask him.
“I know you told Mr Carlyle you didn’t know the name of the person you took the salt to. However unlikely that statement is, for now let’s assume it’s the truth, but you must remember where you met.”
I could tell Jabez was unimpressed by this line of questioning. He looked straight at Bernshaw and said,
“Believe what you like. It’s the truth I never knew the man’s name. I was supposed to take the salt to a bend on the Gowy near Foulk Stapleford but I never went there. Remember the salt was spoilt.”
I could tell Bernshaw was annoyed. I suspected with himself – it was an obvious answer to a predictable question. But he hadn’t quite finished.
“Alright, Mr Payne. You may not know who you were taking the salt to, but you must know who delivered it to you in the first place.”
Jabez had clearly anticipated this question as much as he had the first and was just as ready with his reply.
“No, I don’t. I only saw the man who made the proposal to me on that one occasion. He told me he or someone he knew would leave a barrel in my stable over night with a note of the delivery location on top of it. I was instructed to never go into the stable after midnight or before I fed the donkeys in the morning.”
Exasperated, Bernshaw realised he was never going to get Jabez to admit Sam Baker’s involvement. His answers were too well rehearsed, but I’m sure he consoled himself in the knowledge that Jabez had confessed. He told the judge he had no further questions, but Jabez wasn’t quite finished and addressing the jury he said, “I just want you all to know Admonition wasn’t involved. She didn’t know anything about what I was doing.”
After Jabez stood down, the judge instructed the jury to consider their verdict. While we waited, I suspected it would not take them long to come to their decision. Jabez told me there were three members of the jury who sometimes drank in the Boar and who he believed were decent men, but as he said, if they spoke up, it could only make things worse for him and probably cause trouble for them. I told him that, because he had confessed, he could only hope they wouldn’t lead the charge to send him to the gallows.
But Jabez’ only real concern was that Admonition should not suffer the same fate as him. His emphatic instructions to me were to sacrifice him in order to try and save her, and if he should receive the death penalty, there shou
ld be no petition for clemency. When he spoke, the fiery look in his eye made it very clear he meant what he said.
“All efforts should be concentrated on Adie.”
I had never before heard him call her anything but Admonition. My impression was that there marriage was one of convenience, and that may have been the case, but clearly he loved her very much. From her point of view, I think perhaps he had really been the father she yearned for.
The jury took less than five minutes to pronounce him guilty. Although the three identified by Jabez took no active part in the jury’s deliberations, the two who had seemed wholly unimpressed by Jabez’ story and believed his actions were treacherous were the most vociferous. The guilty verdict was unanimous and the jury made no appeal to the judge for leniency.
Following my client’s instruction, I offered nothing more. With little else to consider, the judge donned his black cap and in five minutes, Jabez was being marched back to jail to be clapped in irons and await the execution of his sentence.
Elizabeth
A Dish Served Cold
He’ll pay; just you wait and see. That was my only thought when I left the court; but it wouldn’t be right away. That would have been too soon. I decided when he came home I’d be nice to him, tell him I didn’t believe a word that woman said. I’d tell him I knew that lawyer was lying as well, just to try and save his client.
Of course, I thought no such thing. It all added up and I suppose I knew it all along. If I’d just been stronger, he’d have changed his ways or I’d have made him leave. That poor girl called me mum, the most wonderful thing she could have said to me and she asked for my permission for Heaven’s sake. So I became her mum and I should have protected her. But what did I do? Just pretended it wasn’t happening; I even called her a liar.
Tom’s never given me a child. Seventeen years we’ve been married and after the first year he didn’t try that hard and for the last five he hasn’t tried at all. But then Adie came along. All she needed was affection and when she received it, gave it back wholeheartedly. She wanted me to be her mum and I was glad because I finally had the child I’d always wanted. For seven wonderful years, even after her brother left, we were happy and still would be if it wasn’t for Tom.
But she left. I know she didn’t want to go but he gave her no choice. I see that now.
He’d just come in and hadn’t said a word, so I asked him.
“Well, what was the verdict?”
“Guilty.”
“And his sentence?”
“Hanging.”
I wasn’t surprised, but I couldn’t hide from the truth I’d been avoiding any longer; in two days’ time, Adie faced the same charges. When I said as much to Tom, he told me I needn’t worry because Jabez had taken all the blame on himself, kept insisting she didn’t know anything about it.
But I could tell there was something else, something he hadn’t said. Moments later, as icy fingers ran down my back, I realised what it might be.
“Tom, tell me you’re not going to be a witness at Adie’s trial as well.”
For the first time since he’d been back, that old angry defiance returned.
“’Course I am. The agreement was that I appear for them in both trials, the Excise won’t pay me if I don’t.”
I couldn’t believe what I was hearing.
“You’d take money to see that poor girl sent to prison, or worse. I’ve heard plenty this morning about you I don’t want to believe, but now this. How low can you sink, Tom Rider?”
Still defiant, he said,
“We need the money; you know I haven’t earned a farthing since I did this.”
He held his hand in front of my face.
“And as I told you, she’ll be alright ’cos Jabez has taken it all on himself, claims she knew nothing about it.”
He might be right, but he couldn’t see it made no difference.
"I couldn’t care less about the money. I’d rather end up in the workhouse than have Adie think we had anything to do with her being charged with a crime – especially one that could see her hung.
You’ll tell that Bernshaw you’ve changed your mind or I’m leaving you."
He laughed. He actually laughed at me and then, in a tone that showed how much he despised me, said,
“Do what you want. I’m taking that money.”
Of course it was an empty threat and he knew it because there was nowhere I could go. But I promised myself that if he appeared in court and Adie was found guilty, I’d find a way to get even with him, no matter what.
As things turned out, someone else took matters out of my hands.
That same night they came for him. There was a quiet knock at the door. I don’t know what time it was, but it woke me from a deep sleep and I was rising to answer almost before I was awake. But as I sat on the edge of the bed pulling my shawl around me, Tom’s hand grabbed my shoulder and pulled me back on to the bed. He whispered,
“Leave it Liz. They’ll go away.”
I’d never before heard such fear in Tom’s voice, so I didn’t resist. But when there was a second knock, louder than the first, Tom pressed down even harder on my shoulder and it began to hurt. Spurred by the pain, I remembered how angry he’d made me and pulling his hand away, I started to get up again.
“For God’s sake, Liz, don’t answer it. You don’t know who’s there.”
But what he’d done in that courtroom and what he intended to do to Adie, came flooding back and made me deaf to his pleading; besides, like him I had a good idea of exactly who it was.
So I said coldly,
“That’s the point of opening the door, isn’t it? Find out who’s there?”
I opened it and standing in front of me a man, his face covered with a mask, who in a muffled voice simply said,
“We’ve come for Tom.”
The voice was familiar, but because it was muffled and before I could work out where I’d heard it before, Tom flew past me, desperate to escape. Out of the darkness, four men, all wearing masks, stepped forward smartly and grabbed him. Tom cried out.
“Help me Liz. You’ve got to help me. Oh God, they’re going to kill me.”
It came to me then who that voice belonged to and I realised Tom was probably right. I took one last look at him, but his look of desperation meant nothing to me and I shut the door – my work was being done for me. I heard him start to cry out again, but then suddenly, mid-sentence, he stopped – I suppose one of the gang members must have knocked him senseless. As for me, I went straight back to bed and my only thought before falling asleep was: ‘I think the prosecution are going to be one witness short for Adie’s trial.’
Henry
Looking to the Future
I visited Jabez in prison every day after his conviction. Charles Dowle himself represented Admonition, but the two of them used me rather than Charles as a messenger. Of course, I continued trying to persuade Jabez we should petition the King for leniency, but to no avail.
“I told you, forget the petition,” he said. “I want you and Charles to concentrate on Admonition; nothing should be done that might jeopardise her case. Do you hear me? Nothing.”
That’s what he’d told me the first time I broached the subject, and this was the one and only time I saw Jabez agitated. Of course I knew Admonition had been heavily involved in the smuggling operations, at least by the time they were married. She had hinted as much when she was briefing Charles, but by now I understood what Jabez was doing.
Since his arrest back in June, Jabez had been held in solitary confinement in Northgate gaol. Upon conviction, they were going to put him in the appropriately named ‘dead man’s room’. Carved from rock, this cell is a stinking hole. Built below ground, it’s the holding place for the condemned, so it was no small blessing that Jabez had, through me, access to enough money to persuade the warder to make other arrangements for him. At least he had a barred window which let in some light as well as a little air, though not enou
gh to stop the smell. The better cells, like Jabez’, at least have a bucket, but even he didn’t get to empty his bucket every day; mind you, the communal cells have nothing but a commonly agreed corner. Jabez seemed to have got used to the smell. I suppose you get used to anything when, day in day out, you experience nothing else. But I found it overwhelming and even though I carried a vinaigrette whenever I was in the gaol, I had to cut many of my visits short when the smell became too much for me.
His money came from the sale of the inn. He hadn’t received its true value, but enough to pay Dowle, Anderson and Riske’s bill (The name has never been changed) for both himself and Admonition; bribe the sheriff – in all conscience, I couldn’t describe it any other way, and still have enough left to buy a little food. He’d also paid and arranged to be buried back in the village church where he’d long since bought the plot next to Mr Dodds.
He appeared to have got used to a lot of things, although resigned is probably more correct. On my visits we usually talked details of Admonition’s case but, on occasion, he would allow me to tell him how things were on the outside. Most memorably, only days before his execution date I heard and duly informed Jabez of Admiral Nelson’s great victory at Trafalgar. He was delighted and proud, but as it was so close to his execution, I withheld from him the news of the Admiral’s death. When after I left him for the last time, I reflected on his reaction to the news of Nelson’s victory and concluded that for anyone to dare to accuse this proud and patriotic Englishman of treason should itself be a capital offence.
Admonition’s trial was over almost before it began. At least that was the view of Charles Dowle when he returned mid-morning from Chester Court. He said that all the time he was trying to examine witnesses, he could hear the jury discussing the age difference between his client and her husband. At the same time, the prosecution seemed to be content just going through the motions – they didn’t even seem concerned that one of their key witnesses had failed to appear. It was clear that they had successfully caught and prosecuted a number of the Nantwich Gang, and whilst their leader was still on the run, he was now wanted for murder as well as salt smuggling, so it was only a matter of time before he would be caught. In addition, Admonition’s husband was facing the gallows and it was known he didn’t intend to fight the sentence unless Admonition was similarly convicted. From their brief summation, it was clear the prosecution would settle for a lesser sentence.
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