by M. R. James
Then the prisoner prayed a copy of the indictment.
L.C.J. (Sir George Jeffreys): What is this? Sure you know that is never allowed. Besides, here is a plain indictment as ever I heard; you have nothing to do but to plead to it.
Pris.: My lord, I apprehend there may be matter of law arising out of the indictment, and I would humbly beg the court to assign me counsel to consider of it. Besides, my lord, I believe it was done in another case: copy of the indictment was allowed.
L.C.J.: What case was that?
Pris.: Truly, my lord, I have been kept close prisoner ever since I came up from Exeter Castle, and no one allowed to come at me and no one to advise with.
L.C.J.: But I say, what was that case you allege?
Pris.: My lord, I cannot tell your lordship precisely the name of the case, but it is in my mind that there was such an one, and I would humbly desire—
L.C.J.: All this is nothing. Name your case, and we will tell you whether there be any matter for you in it. God forbid but you should have anything that may be allowed you by law: but this is against law, and we must keep the course of the court.
Att.-Gen. (Sir Robert Sawyer): My lord, we pray for the King that he may he asked to plead.
Cl. of Ct.: Are you guilty of the murder whereof you stand indicted, or not guilty?
Pris.: My lord, I would humbly offer this to the court. If I plead now, shall I have an opportunity after to except against the indictment?
L.C.J.: Yes, yes, that comes after verdict: that will be saved to you, and counsel assigned if there be matter of law: but that which you have now to do is to plead.
Then after some little parleying with the court (which seemed strange upon such a plain indictment) the prisoner pleaded Not Guilty.
Cl. of Ct.: Culprit. How wilt thou be tried?
Pris.: By God and my country.
Cl. of Ct.: God send thee a good deliverance.
L.C.J.: Why, how is this? Here has been a great to-do that you should not be tried at Exeter by your country, but be brought here to London, and now you ask to be tried by your country. Must we send you to Exeter again?
Pris.: My lord, I understood it was the form.
L.C.J.: So it is, man: we spoke only in the way of pleasantness. Well, go on and swear the jury.
So they were sworn. I omit the names. There was no challenging on the prisoner’s part, for, as he said, he did not know any of the persons called.
Thereupon the prisoner asked for the use of pen, ink, and paper, to which the L.C.J. replied: “Ay, ay, in God’s name let him have it.”
Then the usual charge was delivered to the jury, and the case opened by the junior counsel for the King, Mr. Dolben.
The Attorney-General followed:
May it please your lordship, and you gentlemen of the jury, I am of counsel for the King against the prisoner at the bar.
You have heard that he stands indicted for a murder done upon the person of a young girl. Such crimes as this you may perhaps reckon to be not uncommon, and, indeed, in these times, I am sorry to say it, there is scarce any act so barbarous and unnatural but what we may hear almost daily instances of it.
But I must confess that in this murder that is charged upon the prisoner there are some particular features that mark it out to be such as I hope has but seldom if ever been perpetrated upon English ground.
For as we shall make it appear, the person murdered was a poor country girl (whereas the prisoner is a gentleman of a proper estate) and, besides that, was one to whom Providence had not given the full use of her intellects, but was what is termed among us commonly an innocent or natural: such an one therefore, as one would have supposed a gentleman of the prisoner’s quality more likely to overlook, or, if he did notice her, to be moved to compassion for her unhappy condition, than to lift up his hand against her in the very horrid and barbarous manner which we shall show you he used.
Now to begin at the beginning and open the matter to you orderly: About Christmas of last year, that is the year 1683, this gentleman, Mr. Martin, having newly come back into his own country from the University of Cambridge, some of his neighbors, to show him what civility they could (for his family is one that stands in very good repute all over that country), entertained him here and there at their Christmas merrymakings, so that he was constantly riding to and fro, from one house to another, and sometimes, when the place of his destination was distant, or for other reason, as the unsafeness of the roads, he would be constrained to lie the night at an inn.
In this way it happened that he came, a day or two after the Christmas, to the place where this young girl lived with her parents, and put up at the inn there, called the New Inn, which is, as I am informed, a house of good repute.
Here was some dancing going on among the people of the place, and Ann Clark had been brought in, it seems, by her elder sister to look on; but being, as I have said, of weak understanding, and, besides that, very uncomely in her appearance, it was not likely she should take much part in the merriment; and accordingly was but standing by in a corner of the room.
The prisoner at the bar, seeing her, one must suppose by way of a jest, asked her would she dance with him. And in spite of what her sister and others could say to prevent it and to dissuade her—
L.C.J.: Come, Mr. Attorney, we are not set here to listen to tales of Christmas parties in taverns. I would not interrupt you, but sure you have more weighty matters than this. You will be telling us next what tune they danced to.
Att-Gen.: My lord, I would not take up the time of the court with what is not material: but we reckon it to be material to show how this unlikely acquaintance begun. And as for the tune, I believe, indeed, our evidence will show that even that hath a bearing on the matter in hand.
L.C.J.: Go on, go on, in God’s name: but give us nothing that is impertinent.
Att-Gen.: Indeed, my lord, I will keep to my matter.
But, gentlemen, having now shown you, as I think, enough of this first meeting between the murdered person and the prisoner, I will shorten my tale so far as to say that from then on there were frequent meetings of the two: for the young woman was greatly tickled with having got hold (as she conceived it) of so likely a sweetheart, and he being once a week at least in the habit of passing through the street where she lived, she would be always on the watch for him.
And it seems they had a signal arranged: he should whistle the tune that was played at the tavern. It is a tune, as I am informed, well known in that country, and has a burden, “Madam, will you walk, will you talk with me?”
L.C.J.: Ay, I remember it in my own country, in Shropshire. It runs somehow thus, doth it not? (Here his lordship whistled a part of a tune, which was very observable, and seemed below the dignity of the court. And it appears he felt it so himself for he said:) But this is by the mark, and I doubt it is the first time we have had dance-tunes in this court.
The most part of the dancing we give occasion for is done at Tyburn. (Looking at the prisoner, who appeared very much disordered.) You said the tune was material to your case, Mr. Attorney, and upon my life I think Mr. Martin agrees with you.
What ails you, man? Staring like a player that sees a ghost.
Pris.: My lord, I was amazed at hearing such trivial, foolish things as they bring against me.
L.C.J.: Well, well, it lies upon Mr. Attorney to show whether they be trivial or not. But I must say, if he has nothing worse than this he has said, you have no great cause to be in amaze. Doth it not lie something deeper? But go on, Mr. Attorney.
Att-Gen.: My lord and gentlemen—all that I have said so far you may indeed very reasonably reckon as having an appearance of triviality. And, to be sure, had the matter gone no further than the humoring of a poor silly girl by a young gentleman of quality, it had been very well.
But to proceed.
We shall make it appear that after three or four weeks the prisoner became contracted to a young gentlewoman of that country, one suitable every way to h
is own condition, and such an arrangement was on foot that seemed to promise him a happy and a reputable living.
But within no very long time it seems that this young gentlewoman, hearing of the jest that was going about that countryside with regard to the prisoner and Ann Clark, conceived that it was not only an unworthy carriage on the part of her lover, but a derogation to herself that he should suffer his name to be sport for tavern company: and so without more ado she, with the consent of her parents, signified to the prisoner that the match between them was at an end.
We shall show you that upon the receipt of this intelligence the prisoner was greatly enraged against Ann Clark as being the cause of his misfortune (though indeed there was nobody answerable for it but himself), and that he made use of many outrageous expressions and threatenings against her, and subsequently upon meeting with her both abused her and struck at her with his whip. But she, being but a poor innocent, could not be persuaded to desist from her attachment to him, but would often run after him testifying with gestures and broken words the affection she had to him; until she was become, as he said, the very plague of his life. Yet, being that affairs in which he was now engaged necessarily took him by the house in which she lived, he could not (as I am willing to believe he would otherwise have done) avoid meeting with her from time to time.
We shall further show you that this was the posture of things up to the 15th day of May in this present year.
Upon that day the prisoner comes riding through the village, as of custom, and met with the young woman. But in place of passing her by, as he had lately done, he stopped, and said some words to her with which she appeared wonderfully pleased, and so left her; and after that day she was nowhere to be found, notwithstanding a strict search was made for her.
The next time of the prisoner’s passing through the place, her relations inquired of him whether he should know anything of her whereabouts, which he totally denied.
They expressed to him their fears lest her weak intellects should have been upset by the attention he had showed her, and so she might have committed some rash act against her own life, calling him to witness the same time how often they had beseeched him to desist from taking notice of her, as fearing trouble might come of it. But this, too, he easily laughed away.
But in spite of this light behavior, it was noticeable in him that about this time his carriage and demeanor changed, and it was said of him that he seemed a troubled man.
And here I come to a passage to which I should not dare to ask your attention, but that it appears to me to be founded in truth, and is supported by testimony deserving of credit. And, gentlemen, to my judgment it doth afford a great instance of God’s revenge against murder, and that He will require the blood of the innocent.
(Here Mr. Attorney made a pause, and shifted with his papers. And it was thought remarkable by me and others, because he was a man not easily dashed.)
L.C.J.: Well, Mr. Attorney, what is your instance? Att-Gen.: My lord, it is a strange one, and the truth is that, of all the cases I have been concerned in, I cannot call to mind the like of it.
But to be short, gentlemen, we shall bring you testimony that Ann Clark was seen after this 15th of May, and that, at such time as she was so seen, it was impossible she could have been a living person.
(Here the people made a hum, and a good deal of laughter, and the Court called for silence, and when it was made—)
L.C.J.: Why, Mr. Attorney, you might save up this tale for a week; it will be Christmas by that time, and you can frighten your cook-maids with it (at which the people laughed again, and the prisoner also, as it seemed).
God, man, what are you prating of—ghosts and Christmas jigs and tavern company and here is a man’s life at stake. (To the prisoner): And you, sir, I would have you know there is not so much occasion for you to make merry neither. You were not brought here for that, and if I know Mr. Attorney he has more in his brief than he has shown yet.
Go on, Mr. Attorney. I need not, mayhap, have spoken so sharply, but you must confess your course is something unusual.
Att-Gen.: Nobody knows it better than I, my lord: but I shall bring it to an end with a round turn.
I shall show you, gentlemen, that Ann Clark’s body was found in the month of June, in a pond of water, with the throat cut; that a knife belonging to the prisoner was found in the same water; that he made efforts to recover the said knife from the water; that the coroner’s quest brought in a verdict against the prisoner at the bar, and that therefore he should by course have been tried at Exeter.
But that, suit being made on his behalf, on account that an impartial jury could not be found to try him in his own country, he hath had that singular favor shown him that he should he tried here in London.
And so we will proceed to call our evidence.
* * *
Then the facts of the acquaintance between the prisoner and Ann Clark were proved, and also the coroner’s inquest. I pass over this portion of the trial, for it offers nothing of special interest.
Sarah Arscott was next called and sworn.
Att-Gen.: What is your occupation?
S.: I keep the New Inn at—
Att-Gen.: Do you know the prisoner at the bar?
S.: Yes: he was often at our house since he come first at Christmas of last year.
Att-Gen.: Did you know Ann Clark?
S.: Yes, very well.
Att-Gen.: Pray, what manner of person was she in her appearance?
S.: She was a very short thick-made woman: I do not know what else you would have me say.
Att-Gen.: Was she comely?
S.: No, not by no manner of means: she was very uncomely, poor child! She had a great face and hanging chops and a very bad color like a toad.
L.C.J.: What is that, mistress? What say you she was like?
S.: My lord, I ask pardon. I heard Esquire Martin say she looked like a toad in the face; and so she did.
L.C.J.: Did you that? Can you interpret her, Mr. Attorney? Att-Gen.: My lord, I apprehend it is the country word for a toad.
L.C.J.: Oh, a hop-toad! Ay, go on.
Att-Gen.: Will you give an account to the jury of what passed between you and the prisoner at the bar in May last?
S.: Sir, it was this. It was about nine o’clock the evening after that Ann did not come home, and I was about my work in the house. There was no company there only Thomas Snell, and it was foul weather.
Esquire Martin came in and called for some drink, and I, by way of pleasantry, I said to him, “Squire, have you been looking after your sweetheart?” and he flew out at me in a passion and desired I would not use such expressions. I was amazed at that, because we were accustomed to joke with him about her.
L.C.J.: Who, her?
S.: Ann Clark, my lord. And we had not heard the news of his being contracted to a young gentlewoman elsewhere, or I am sure I should have used better manners.
So I said nothing, but being I was a little put out, I begun singing, to myself as it were, the song they danced to the first time they met, for I thought it would prick him: It was the same that he was used to sing when he came down the street. I have heard it very often: “Madam, will you walk, will you talk with me?” And it fell out that I needed something that was in the kitchen.
So I went out to get it, and all the time I went on singing, something louder and more hold-like. And as I was there all of a sudden I thought I heard someone answering outside the house, but I could not be sure because of the wind blowing so high.
So then I stopped singing, and now I heard it plain, saying, “Yes, sir, I will walk, I will talk with you,” and I knew the voice for Ann Clark’s voice.
Att-Gen.: How did you know it to be her voice?
S.: It was impossible I could be mistaken. She had a dreadful voice, a kind of a squalling voice, in particular if she tried to sing. And there was nobody in the village that could counterfeit it, for they often tried.
So, hearing that, I was glad, be
cause we were all in anxiety to know what was gone with her: for though she was a natural, she had a good disposition and was very tractable. And says I to myself, “What, child! Are you returned, then?” and I ran into the front room, and said to Squire Martin as I passed by, “Squire, here is your sweetheart back again: shall I call her in?” and with that I went to open the door.
But Squire Martin he caught hold of me, and it seemed to me he was out of his wits, or near upon. “Hold, woman,” says he, “in God’s name!” and I know not what else. He was all of a-shake.
Then I was angry, and said I, “What! Are you not glad that poor child is found?” And I called to Thomas Snell and said, “If the Squire will not let me, do you open the door and call her in.”
So Thomas Snell went and opened the door, and the wind setting that way blew in and overset the two candles that was all we had lighted. And Esquire Martin fell away from holding me. I think he fell down on the floor, but we were wholly in the dark, and it was a minute or two before I got a light again.
And while I was feeling for the fire-box, I am not certain but I heard someone step ’cross the floor, and I am sure I heard the door of the great cupboard that stands in the room open and shut to.
Then, when I had a light again, I see Esquire Martin on the settle, all white and sweaty as if he had swooned away, and his arms hanging down. And I was going to help him; but just then it caught my eye that there was something like a bit of a dress shut into the cupboard door, and it came to my mind I had heard that door shut. So I thought it might be some person had run in when the light was quenched, and was hiding in the cupboard.
So I went up closer and looked: and there was a bit of a black stuff cloak, and just below it an edge of a brown stuff dress, both sticking out of the shut of the door. And both of them was low down, as if the person that had them on might be crouched down inside.
Att-Gen.: What did you take it to be?
S.: I took it to be a woman’s dress.