CHAPTER XXX

IN COURT

A few days were allowed to pass to obtain fresh captures. On a keen,

frosty morning, those taken by the constable and the military, to the

number of nearly forty persons, were brought before the magistrates

for the preliminary examination. It had been resolved that a Special

Commission should be appointed to try the prisoners on the capital

charges of burglary, arson, robbery, and tumultuous assembling to the

disturbance of the peace, and the commission of acts of violence. The

object of the magistrates on the present occasion was to sift the

cases, and deal at once with those of a light nature, and remand such

as were serious.

The magistrates were in force at the courthouse, and proceedings had

begun before Ki Drownlands arrived in a light gig, with Zita at his

side.

On reaching the court, the girl was surprised to see a constable issue

from the door, and in loud tones call the name of Ephraim Beamish.

'Well,' said she, 'those magistrates must be a set of innocents if they

order Pip to be summoned in the streets of Ely. Do they suppose he

would come here to be caught? Pip will put his distance between himself

and the magistrates, as he did t'other day when the dragoons were on

the drove. He did not stay for them then, and he won't come for the

calling now.'

On entering the court Zita looked about her. She was affected with a

qualm of nervousness, and her colour was heightened. She had never been

in a court of justice before; but when she discovered that the hall

was crowded, she held up her head, breathed freely, and her spirits

recovered their elasticity.

'It's my own general public again,' said she; 'I am not afraid any

more.'

'Ephraim Beamish makes no answer to his name,' said the clerk of the

court.

'We will proceed with the case against Ephraim Beamish,' said the

chairman; 'and the Bench hopes that the constables will not be remiss

in their duty, nor relax their efforts to obtain possession of his

body, and lodge him in prison—that is, should his case be proved.'

The evidence produced did satisfy the Bench that Beamish should be

remitted to the hands of the Special Commission.

Then Mark Runham was called, and at once placed in the dock.

Zita looked at him. She could see that he was not altogether confident

that his innocence would be acknowledged. He strove to disguise his

anxiety, but ineffectually. He was bewildered at the charge laid

against him, and troubled at finding himself in a novel and unpleasant

situation.

The depositions having been read over, Hezekiah Drownlands, of

Prickwillow, was ordered to stand in the witness-box, for it was he who

had lodged information against Mark.

Zita immediately elbowed her way to the front, and, resting her

elbow on the rail that limited the portion of the court accessible

to the public, looked steadily into the face of the master. She was

resolved to check and correct his statements, so that they should not

tell unfavourably against the prisoner. Drownlands noticed her, but

refrained from meeting her eye. He gave his evidence with hesitation

and confusedly, for he had laid information against Mark Runham, and

was now seeking to minimise the charge and weaken the force of his own

accusations.

'I was in my office,' said Drownlands, 'on that same evening, and was

talking with—with Zita there,'—he pointed with his thumb towards the

girl, but without looking at her,—'when I heard the voices of the

rioters.'

'Stay a moment,' said the chairman, interposing. 'Who may this Zita be?'

The chairman was a merry, red-faced man, a gentleman who had been

brother to a former Dean, and had obtained from that Dean a lease of

a large tract of ecclesiastical property for ninety-nine years at a

nominal rent, and who resided and had become wealthy in Ely.

'I refer,' said Drownlands, 'to that young woman. She lives in my

house.'

The eyes of the Bench and of the audience were directed towards the

girl.

'Oh!' said the chairman. 'Rather young for a housekeeper, eh?'

'She is not my housekeeper.'

'In what capacity, then, may we regard her as residing with you?'

Drownlands hesitated.

'Come, come! Don't be reticent, Mr. Drownlands.'

'I really cannot say.'

'Shall we say she is a sort of—ahem—companion?'

A titter ran through the court.

'I am a lodger,' said Zita. 'I pay my way.'

'Silence!' ordered the chief constable.

'You shall speak in your turn,' said the chairman, 'and no doubt you

will be able to give us valuable evidence, but you must not interrupt,

you understand.' Then, turning to the witness, and chuckling and

becoming purple with his suppressed laughter, the chairman said, 'Very

well, Mr. Drownlands, go on. We commend your taste. You were talking

with your pretty companion, or lodger.'

A laugh ran through the court, in which all joined save the clerical

members of the bench, who looked grave and shook their heads.

Zita coloured, and looked about her angrily. Mark's face was pale, and

his eyes were lowered.

'I was talking with her in my office,' continued Drownlands, 'when the

mob entered my stackyard with torches, and threatened to burn my ricks

and break into my house. Mark Runham was with them.'

'Did he threaten you?'

'A great many voices were raised. I could not distinguish one from

another. There was a waggon, and Aaron Chevell, Harry Tansley, and

Isaac Harley were in it, and Tansley held a gun.'

'Never mind about Tansley now. I see in your deposition that Mark

Runham entered your house. Was it so?'

'Yes. He came to my door and knocked. Then Zita let him in.'

'But,' interrupted the chairman, 'what you say now, witness, is not in

agreement with your information. You deposed that he had feloniously

entered your house.'

'He came to ask for money.'

'Yes, that may be; but if he knocked and was admitted, he cannot be

said to have feloniously entered your premises.'

'I don't know about that. I gave no orders that he should be let in.

She took it on herself, and went down and unbarred the door, and

brought him up to the office. When there he asked for money—for twenty

pounds.'

'No, gentlemen,' exclaimed Zita, 'it was not so. He told the master that

he advised him to pay the money lest the men should do mischief. He

asked for nothing.'

'Silence, if you please,' said the chairman; 'your turn will come

presently, and then we will listen to your story. Proceed, Mr.

Drownlands. You say now that Mark Runham, the accused, was let into

your house by the pretty companion—or lodger. He did not break in. The

information is incorrect.'

'I don't understand lawyers' jargon,' said Drownlands sullenly. 'All

I know is that Mark Runham came in and asked for twenty pounds, and

said that if I did not pay it, the men would burn my ricks as they had

those of Gaultrip. I know that blows were struck at my door, and I

heard threats that the men would break in, and a brick was thrown at me

through the window.'

'That took place whilst Mark was in the room,' said Zita.

'Silence there!' shouted the constable.

'If that girl will intervene, and will not be quiet, let her be put

out of the court,' said Sir Bates Dudley, who was on the bench.

'I'll be quiet,' said Zita; 'but when one hears lies, it is hard not to

contradict—it is hard—tremenjous.'

'Go on, Mr. Drownlands,' said the chairman.

'They threatened, if I would not pay the twenty pounds, that they would

burst in at the door, or by the windows, and take two hundred.'

'Who? The accused?'

'No, not the accused; the others. He was in my office, speaking with

me.'

'But we do not want to hear what the others said—at least not now. We

are considering the case of Mark Runham. He is a farmer—a landowner, I

believe?'

'Yes, he is.'

'And you think it likely that such an one would put himself at the

head of a lawless rabble, to wreck farms and extort money from his

fellow-landowners?'

'He demanded twenty pounds of me.'

'Well, go on with your story. You refused the money?'

'I did so at first, but in the end I was forced to pay it.'

'Forced? Did the prisoner employ violence?'

'No; the rabble outside threatened to burn all down unless I paid. I

put the money into the prisoner's hand.'

'After that he left your house?'

'He took ten pounds also from Zita.'

'No; I offered them to him to save my van!' exclaimed the girl.

'Another word of interruption, and you are turned out of court,' said

the chairman. 'Constable, stand by her, and if she opens her mouth

again, clap your hand over it, or stuff your pocket-handkerchief down

her throat.'

'I will do so, your worship.'

'That is all you have to say, witness?'

'Yes. I have nothing more, except that Runham gave cake and ale to the

rioters.'

'You saw him do so?'

'No. I heard he had regaled them.'

'That is no evidence.' Then the chairman turned to Mark Runham and

said, 'Has the accused any questions he would like to put to witness?'

'Yes,' said Mark. 'I inquire of him whether I did not protest that I

came merely as a neighbour and a friend.'

'A friend?' exclaimed Drownlands. 'No Runham can be a friend to me, nor

I a friend to him.'

'That is no answer to his question,' said the chairman.

'He said something of the sort,' Drownlands admitted.

'Did I not say,' pursued Mark, 'that Gaultrip had refused at the outset

to pay blackmail, and that in the end, when his rick was blazing, he

gave way, and that I had run on ahead to advise you as a neighbour not

to provoke to outrage an irritated and unreasonable rabble?'

'Yes, you said that; but how was I to know you were not acting for the

rioters? You gave them cake.'

'Come,' said the magistrate occupying the chair, 'we will hear now what

that lively young woman has to say. She clearly is bursting with desire

to tell us all she knows. Put her in the witness-box.'

As Drownlands left the place he had occupied, Zita stepped into his

room at the instigation of the constable. She looked up at the Bench

with a cheery countenance, and then round at the public that crammed

every available space.

'Your name?'

'Zita.'

'Yes, that is well enough as far as it goes, but we want your surname

also.'

'Father said we were Greenways. But nobody never called him nothing but

"Cheap Jack."'

'And your profession or calling? A companion?'

The court tittered. A clown in the public portion of the hall guffawed.

Zita raised herself erect and said, 'A Cheap Jack.'

'A Cheap Jill, I should say,' observed the red-faced chairman, laughing

at his own feeble joke, whereupon the Bench smiled, the clerk of the

court and the constables laughed, and the public roared.

The magistrate went on, 'If you are a Cheap Jack or Jill, how come you

to be at Mr. Drownlands' house? Is your father with you?'

'My father is dead,' replied Zita. 'That is just why I am at

Prickwillow.'

'Then I presume you are a roving Jill in quest of a Jack?'

'It is the place of the Jacks to run after the Jills,' said Zita; 'not

that I want one, thank you.'

'Hush! Hush! No impertinence to the Bench.'

'Beg pardon, I thought the impertinence came from the Bench to me.'

The sally produced some merriment. When it was subdued, the magistrate

in the chair assumed a grave manner, and inquired in a different tone—

'So you are staying at Mr. Drownlands' house? In what capacity?'

'I am a Cheap Jack,' said Zita. 'I have my van there, and horse, and

all my goods. We got stuck in the mud of the droves, when on our way

to Littleport, the night of Tawdry Fair. Father was took ill and

died. So I am lodging at Prickwillow, and I pay for my lodging in

blacking-brushes and slop-pails.'

'You are not, then, in any menial capacity—not receiving wages?'

'I am a Cheap Jack, laid by the heels through mud and frost,' answered

Zita. 'It is true I have sewn on some buttons for Master Drownlands,

and have hemmed the linen, and he gives me house-room for my van and me

and the horse, till the dry weather comes and we can move away.'

'Well, enough of that. Tell us what you know about the events of the

sixteenth.'

'First of aw—aw—all,' interposed Sir Bates Dudley, who sat on the

right of the chairman. 'She has been put on her oath. Had we not

bet—tet—tet—er ascertain if she is aware of the nature of an oath?'

'Ah, to be sure! I suppose you were brought up as a Cheap Jack?'

'Always—since I was a baby.'

'And not in the most virtuous and godly manner, I fear?'

'I beg pardon, sir?'

Here the constable interposed. He stooped and said in Zita's ear,

'Address the Bench as "your worships."'

'I beg pardon, your worships. My father brought me up. There was not a

better man anywhere.'

'Then—do you understand the nature of an oath?'

'Father didn't swear but very little—off an' on like—and mostly at

Jewel, who was sometimes very provoking. But nothing like the man with

the merry-go-round—he swore awful.'

'I do not mean that. Do you comprehend that you have solemnly promised

to speak the truth, the whole truth, and nothing but the truth, and

that you have called Heaven to witness that it is so?'

'Yes,' said Zita, with a sigh; 'but it is hard—tremenjous.'

'What?—hard to speak the truth?'

'Yes, your worship—because of the general public. You never was a

Cheap Jack, was you, your worship?'

'No. Oh dear no, never—never!'

'I thought so. I never saw you at any of the fairs, but there was a man

who swallowed knives like that gentleman at your side.'

'Never mind about that.'

'I was going to say, sir, that as you never was a Cheap Jack, you can't

understand what the feelings of one is, when she sees the general

public afore her eyes. There comes a sort of swelling of the heart,

and a desire of the mind to launch out into wonderful tales, and a

longing to make the General Jackass believe that black is white, and

chalk is cheese, that what is broken is sound, and what is old is new.

But I will do my best. I'll shut my eyes and try to forget the general

public, and fancy I'm with father in the van, for then I always said

straight out what was true.'

The winter sun streamed in at the south window over against Zita and

flooded her as she stood in the witness-box. She had a scarlet and

yellow flowered kerchief round her neck and over her shoulders, the

white chip bonnet with black ribbons hardly contained her luxuriant,

shining hair. The sun blazed in her face, flushing her ripe cheeks,

making very June cherries of her lips, and adding a solar twinkle

to the sparkle of intelligence and wit indwelling in her honest but

roguish eyes. She stood as upright as a wand, her hands resting on the

rail before her, and her head thrown back.

The chairman bent to Sir Bates Dudley and whispered—

'What a good-looking wench it is!'

'Is she, indeed?' said the canon. 'You don't mean to say so.'

It did not comport with ecclesiastical, certainly not with canonical,

decorum and dignity to know whether a girl were good-looking or not.

The chairman turned to the magistrate on his left and made the same

remark. This magistrate was a layman, a retired admiral, who had come

to live in Ely because his daughter was married to an official there.

His name was Abbott. There was no etiquette in Her Majesty's Navy

against observing good looks. He replied, 'Thunderingly so, Christian.'

Christian was the chairman's name.

'I'll speak the truth,' said Zita; 'though it is against nature—just

as it was against nature for that little fat gentleman to ride

yesterday; but he did it, because he ought.'

A roar of laughter at the expense of Sir Bates Dudley.

'Go on,' said the chairman, hardly controlling himself—the lay members

of the Bench loved to have a joke at the expense of the clerical

members. 'Tell your story, and tell it truthfully, or you'll get

yourself into difficulties.'

'I mean to,' said Zita.

Then she gave the narrative of the events of the evening of the riot in

their order, with such lucidity and simplicity, and so frankly, that

the truth of her story was stamped on every sentence. Now and then

some odd remark, some allusion to her van or goods, or to the horse,

provoked a laugh, and she kept Bench and public in good humour.

'I really think,' said Mr. Christian, 'that we may dismiss the case

against young Runham. If my brother magistrates agree with me'—He

looked round and met with nods of approval. 'The charge against Mark

Runham seems to be a mistake. There is actually nothing in it, and the

Bench sincerely regrets that, through a misunderstanding, and possibly

through an excess of zeal on the part of Mr. Drownlands, you, Mark

Runham, should have been placed in the position you have. Constable,

discharge him.'

'Thank you, gents,' said Zita. 'You've done right, and I'm glad of it.

As I came here, I heard that you had given orders for Pip to be called.

I did think you then a set of ninnies—but now'—

'That will do. You can leave the witness-box.'

'No, sir—your worship, not yet. I have not quite said all I want

to say. I am very much obliged that you have listened to reason and

have let Mark go. And, your worships, there are six of you on the

bench. I have got just six toasting-forks in stock—the beautifullest

toasting-forks that ever you saw. They have red japanned handles and

brass mounts, and fold up small, like telescopes, into the handle. And

if your worships will do me the favour of coming to Prickwillow, I'll

furnish every one of you with a toasting-fork.'

'That will do; leave the witness-box.'

'And, your worships, if you will pass over poor Pip Beamish,—he's not

right in his head,—I'll let you have a real epergne to raffle for

between you.'

'Constable, remove that girl. Turn her out of the court,' ordered the

chairman, red with laughter.

'I pity the man she chooses as her husband,' said Christian behind his

hand to Abbott, when his order was being carried out.

'Or Drownlands, whose companion she is,' whispered the admiral.

'No—hang it!' said Mr. Christian. 'No more of that. I am sure that

girl is as straight as a whistle. You cannot look in her honest face

and hear her cheery voice and not swear she is as good and clean as

gold. 'Pon my life, Abbott, I have a mind to go for my toasting-fork.

What say you? You are an old acquaintance, as you heard,—swallowed

knives at the fair,—will you go?'

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