Such were the sights to be seen occasionally in London by the

watchman's lantern or the candle glimmering across the narrow alley,

or some occasional lamp swinging across the street; for it was by

such a lamp that a girl looked into the hackney coach and saw the

face of a man who had sent for Dr. Clench ostensibly to visit a

patient, but really in order to strangle the poor doctor on the way.

These are strange illuminations on the margin of the pompous page of

official history; and the incidental details give form and colour to

the incidents in Pepys' 'Journals' or Grammont's 'Memoirs.' We have

kept at a distance from the more dignified records of the famous

constitutional struggles which fill the greatest number of pages. Yet

those pages are not barren for the lover of the picturesque. And here

I must put in a word for one much reviled character. If ever I were to

try my hand at the historical amusement of whitewashing, I should be

tempted to take for my hero the infamous Jeffreys. He was, I dare say,

as bad as he is painted; so perhaps were Nero and Richard III., and

other much-abused persons; but no miscreant of them all could be more

amusing. Wherever the name of Jeffreys appears we may be certain of

good sport. With all his inexpressible brutality, his buffoonery, his

baseness, we can see that he was a man of remarkable talent. We think

of him generally as he appeared when bullying Baxter; when 'he snorted

and squeaked, blew his nose and clenched his hands, and lifted up his

eyes, mimicking their (the Nonconformists') manner, and running on

furiously, as he said they used to pray;' and we may regard him as his

victims must have regarded him, as a kind of demoniacal baboon placed

on the bench in robes and wig, in hideous caricature of justice. But

the vigour and skill of the man when he has to worry the truth out of

a stubborn witness is also amazing. When a knavish witness produced a

forged deed in support of the claim of a certain Lady Ity to a great

part of Shadwell, Jeffreys is in his element. He is perhaps a little

too exuberant. 'Ask him what questions you will,' he breaks out, 'but

if he should swear as long as Sir John Falstaff fought' (the Chief

Justice can quote Shakespeare), 'I would never believe a word he

says.' His lordship may be too violent, but he is substantially doing

justice; and shows himself a dead hand at unmasking a cheat. The most

striking proof of Jeffreys' power is in the dramatic trial of Lady

Lisle. The poor lady was accused of harbouring one Hicks, a Dissenting

preacher, after Sedgemoor. It was clear that a certain James Dunne

had guided Hicks to Lady Lisle's house. The difficulty was to prove

that Lady Lisle knew Hicks to be a traitor. Dunne had talked to her in

presence of another witness, and it was suggested that he had given

her the fatal information. But Dunne tried hard in telling his story

to sink this vital fact. The effort of Jeffreys to twist it out of

poor Dunne, and Dunne's futile and prolonged wriggling to escape the

confession, are reported at full, and form one of the most striking

passages in the 'State Trials.' Jeffreys shouts at him; dilates in

most edifying terms upon the bottomless lake of fire and brimstone

which awaits all perjurers; snatches at any slip; pins the witness

down; fastens inconsistencies upon him through page after page; but

poor Dunne desperately clutches the secret in spite of the tremendous

strain. He almost seems to have escaped, when the other witness

establishes the fact that some conversation took place. Armed with

this new thumbscrew, Jeffreys leaps upon poor Dunne again. The storm

of objurgations, appeals, confutations, bursts forth with increased

force; poor Dunne slips into a fatal admission; he has admitted some

talk, but cannot explain what it was. He tries dogged silence. The

torture of Jeffreys' tongue urges him to fresh blundering. A candle

is held up to his nose that the court 'may see his brazen face.' At

last he exclaims, the candle 'still nearer to his nose,' and feeling

himself the very focus of all attention, 'I am quite cluttered out of

my senses; I do not know what I say.' The wretched creature is allowed

to reflect for a time, and then at last declares that he will tell

the truth. He tells enough in fact for the purpose, though he feebly

tries to keep back the most damning words. Enough has been wrenched

out of him to send poor Lady Lisle to the scaffold. The figure of

the poor old lady falling asleep, as it is said, while Jeffreys'

thunder and lightning was raging in this terrific fashion round the

feeble defence of Dunne's reticence, is so pathetic, and her fate so

piteous and disgraceful, that we have little sense for anything but

Jeffreys' brutality. But if the power of worming the truth out of a

grudging witness were the sole test of a judge's excellence, we must

admit the amazing efficiency of Jeffreys' method. He is the ideal

cross-examiner, and we may overlook the cruelty to victims who have so

long ceased to suffer.

In the post-revolutionary period the world becomes more merciful

and duller. Lawyers speak at greater length; and even the victims

of '45, the strange Lord Lovat himself, give little sport at the

respectable bar of the House of Lords. But the domestic trials

become perhaps more interesting, if only by way of commentary upon

'Tom Jones' or 'Roderick Random.' Novelists indeed have occasionally

sought to turn these records to account. The great Annesley case

has been used by Mr. Charles Reade, and Scott took some hints from

it in one of the very best of his performances, the inimitable 'Guy

Mannering.' Scott's adaptation should, indeed, be rather a warning

than a precedent; for the surpassing merit of his great novel consists

in the display of character, in Meg Merrilies and Dandie Dinmont and

Counsellor Pleydell, and certainly not in the rather childish plot

with the long-lost heir business. He falls into the common error of

supposing that the actual occurrence of events must be a sufficient

guarantee for employing them in fiction. The Annesley case is almost

the only one in the collection in which facts descend to the level of

romance. The claimant's case was clearly established up to a certain

point. There was no doubt that he had passed for Lord Annesley's son

in his childhood; that he had for that reason been spirited away

by his uncle, and sold as a slave in America; and, further, that,

when he returned to make his claim and killed a man by accident (an

incident used by Scott)—his uncle did his best to have him convicted

for murder. The more difficult point was to prove that he was the

legitimate son of the deceased lord by his wife, who was also dead.

A servant of the supposed mother gave evidence which, if true,

conclusively disproved this assumption; and though young Annesley

won his first trial, he afterwards failed to convict this witness of

perjury. The case may therefore be still doubtful, though the weight

of evidence seems decidedly against the claimant. The case—the

'longest ever known' at that time—lasted fifteen days, and gives

some queer illustrations of the domestic life of a disreputable Irish

nobleman of the period. Perhaps, however, the most curious piece of

evidence is given by the attorney who was employed to prosecute the

claimant for a murder of which he was clearly innocent. 'What was

the intention of the prosecution?' he is asked. 'To put this man out

of the way that he (Lord Anglesea, the uncle) might enjoy the estate

easy and quiet.' 'You understood, then, that Lord Anglesea would

give 10,000_l._ to get the plaintiff hanged!' 'I did.' 'Did you not

apprehend that to be a most wicked crime?' 'I did.' 'If so, how could

you engage in that project, without making any objection to it?' 'I

may as well ask you,' is the reply, 'how you came to be engaged in

this suit.' He is afterwards asked whether any honest man would do

such an action. 'Yes, I believe they would, or else I would not have

carried it on.' This is one of the prettiest instances on record of

that ingenious adaptation of the conscience, which allows a man to

think himself thoroughly honest for committing a most wicked crime in

his professional capacity. The novelist who wishes rather to display

character than to amuse us with intricacies of plot, will find more

matter in less ambitious narratives. A most pathetic romance, which

may remind us of more famous fictions, underlies the great murder

case in which Cowper, the poet's grandfather, was defendant. Sarah

Stout, the daughter of a Quaker at Hertford, fell desperately in

love with Cowper, who was a barrister, and sometimes lodged at her

father's house when on circuit. She wrote passionate letters to him

of the 'Eloisa to Abelard' kind, which Cowper was ultimately forced

to produce in evidence. He therefore had a final interview with her,

explained to her the folly of her passion, there being already a

Mrs. Cowper, and left her late in the evening to go to his lodgings

elsewhere. Poor Sarah Stout rushed out in despair and threw herself

into the Priory river. There she was found dead next morning, when the

miller came to pull up his sluices. All the gossips of Hertford came

immediately to look at the body and make moral or judicial reflections

upon the facts. Wiseacres suggested that Cowper was the last man seen

in her company, and it came out that two or three other men attending

the assizes had gossiped about her on the previous evening, and one

of them had, strange to relate, left a cord close by his trunk. These

facts, transfigured by the Hertford imagination, became the nucleus

of a theory, set forth in delicious legal verbosity, that the said

Cowper, John Masson, and others 'a certain rope of no value about the

neck of the said Sarah, then and there feloniously, voluntarily, and

of malice aforethought did put, place, fix, and bind; and the neck and

throat of the said Sarah, then and there with the hands of you, the

said Cowper, Masson, Stephens, and Rogers, feloniously, voluntarily,

and of your malice aforethought, did hold, squeeze, and gripe.' By

the said squeezing and griping, to abbreviate a little, Sarah Stout

was choked and strangled; and being choked and strangled instantly

died, and was then secretly and maliciously put and cast into the

river. The evidence, it is plain, required a little straining, but

then Cowper belonged to the great Whig family of the town, and Sarah

Stout was a Quaker. Tories thought it would be well to get a Cowper

hanged, and Quakers wished to escape the imputation that one of their

sect had committed suicide. The trial lasted so long that the poor

judge became faint and confessed that he could not sum up properly.

The whole strength of the case, however, such as it was, depended

upon an ingenious theory set up by the prosecution, to the effect that

the bodies of the drowned always sink, whereas Miss Stout was found

floating, and must therefore have been dead before she was put in the

river. The chief witness was a sailor, who swore that this doctrine

as to sinking and swimming was universal in the navy. He had seen the

shipwreck of the 'Coronation' in 1691. 'We saw the ship sink down,'

he says, 'and they swam up and down like a shoal of fish one over

another, and I see them hover one upon another, and see them drop away

by scores at a time;' some nine escaped, 'but there were no more saved

out of the ship's complement, which was between 500 and 600, and the

rest I saw sinking downright, twenty at a time.' He has a clinching

argument, though a less graphic instance, to prove that men already

dead do not sink. 'Otherwise, why should Government be at that vast

charge to allow threescore or fourscore weight of iron to sink every

man, but only that their swimming about should not be a discouragement

to others?' Cowper's scientific witnesses, some of the medical bigwigs

of the day, had very little trouble in confuting this evidence; but

the letters which he at last produced, and the evidence that poor Miss

Stout had been talking of suicide, should have made the whole story

clear even to the bemuddled judges. The novelist would throw into

the background this crowd of gossiping and malicious _quidnuncs_ of

Hertford; but we must be content to catch glimpses of her previous

history from these absurdly irrelevant twaddlings, as in actual life

we catch sight of tragedies below the surface of social small-talk.

Sarah Stout was clearly a Maggie Tulliver, a potential heroine, unable

to be happy amidst the broad-brimmed, drab-coated respectabilities of

quiet little Hertford. Her rebellion was rasher than Maggie's, but

perhaps in a more characteristic fashion. The case suggests the wish

that Mr. Stephen Guest might have been hanged on some such suspicion

as was nearly fatal to Cowper.

Half a century later our ancestors were in a state of intense

excitement about another tragedy of a darker kind. Mary Blandy,

the only daughter of a gentleman at Henley, made acquaintance with

a Captain Cranstoun, who was recruiting in the town. The father

objected to a marriage from a suspicion, apparently well founded,

that Cranstoun was already married in Scotland. Thereupon Mary Blandy

administered to her father certain powders sent to her by Cranstoun.

According to her own account, she intended them as a kind of charm

to act upon her father's affections. As they were, in fact, composed

of arsenic, they soon put an end to her father altogether, and it

is too clear that she really knew what she was doing. It was sworn

that she used brutal and unfeeling language about the poor old man's

sufferings, for the poison was given at intervals during some months.

But the pathetic touch which moved the sympathies of contemporaries

was the behaviour of the father. In the last day or two of his life,

he was told that his daughter had been the cause of his fatal illness.

His comment was: 'Poor love-sick girl! What will not a woman do for

the man she loves!' When she came to his room his only thought was

apparently to comfort her. His most reproachful phrase was: 'Thee

should have considered better than to have attempted anything against

thy father.' The daughter went down on her knees and begged him not

to curse her. 'I curse thee!' he exclaimed. 'My dear, how couldst

thou think I should curse thee? No, I bless thee, and hope God will

bless thee and amend thy life.' And then he added, 'Do, my dear, go

out of the room and say no more, lest thou shouldst say anything to

thy prejudice; go to thy uncle Stevens, take him for thy friend; poor

man, I am sorry for him.' The tragedy behind these homely words is

almost too pathetic and painful for dramatic purposes; and it is not

strange that our ancestors were affected. The sympathy, however, took

the queer illogical twist which perhaps, who can tell? it might do

at the present day. Miss Blandy became a sort of _quasi_ saint, the

tenderness due to the murdered man extended itself to his murderer,

and her penitence profoundly edified all observers. Crowds of people

flocked to see her in chapel, and she accepted the homage gracefully.

She was extremely shocked, we are told, by one insinuation made by

uncharitable persons; namely, that her intimacy with Cranstoun, who

was supposed to be a freethinker, might justify doubts upon her

orthodoxy. She declared that he had always talked to her 'perfectly

in the style of a Christian,' and she had read the works of some of

our most celebrated divines. In spite of her moving conduct, however,

the 'prejudices she had to struggle with had taken too deep root in

some men's minds' to allow of her getting a pardon. And so, 5,000

people saw poor Miss Blandy mount the ladder in 'a black bombazine,

short sack and petticoat,' on an April morning at Oxford, and many,

'particularly several gentlemen of the University,' were observed to

shed tears. She left a declaration of innocence which, in spite of its

solemnity, must have been a lie; and which contained an allusion from

which it appears that Miss Blandy, like other prisoners, was suspected

of previous crimes.

'It is shocking to think,' says Horace Walpole, in noticing Miss

Blandy's case, 'what a shambles this country has become. Seventeen

were executed this morning, after having murdered the turnkey on

Friday night, and almost forced open Newgate.' Another woman was

hanged in the same year for murdering her uncle at Walthamstow;

and the public could talk about nothing but the marriage of the

Miss Gunnings and the hanging of two murderesses. Fielding, then

approaching the end of his career, was moved by this and other

atrocities to publish a queer collection of instances of the

providential punishment of murderers. Another famous author of the

day was commonly said to have turned a famous murder to account in

a different fashion. Foote, it is said, was introduced at a club in

the words, 'This is the nephew of the gentleman who was lately hung

in chains for murdering his brother;' and it is added that Foote's

first pamphlet was an account of this disagreeable domestic incident.

A more serious author might have found in it materials for a striking

narrative. Captain Goodere commanded his Majesty's ship 'Ruby,' lying

in the King's Road off Bristol. He had a quarrel with his brother

Sir John Goodere, about a certain estate. The family solicitor

arranged a meeting in his house, where the two brothers appeared to

be reconciled. But Sir John had scarcely left the house, when he was

seized in broad daylight by a set of sailors who had been drinking

in a public-house, and carried down forcibly to the Captain's barge.

The Captain himself followed and rowed off with his brother to the

ship. There Sir John was confined in a cabin, a suggestion being

thrown out to the crew that he was a madman. A few hours later, one

Mahony, who played the part of 'hairy-faced Dick' to Hamilton Tighe,

strangled the unfortunate man, with an accomplice called White.

Attention had been aroused amongst the crew by ominous sounds, groans,

and scufflings heard in the dead of the night, and next morning,

the lieutenant, after a talk with the surgeon, resolved to seize

their captain for murder. A more outrageous and reckless proceeding,

indeed, could scarcely have been imagined, even in the days when a

pressgang was a familiar sight, and the captain of a ship at sea was

as absolute as an Eastern despot. Every detail seemed to be arranged

with an express view to publicity. One piece of evidence, however, was

required to bring the matter home to the captain; and it is of ghastly

picturesqueness. The ship's cooper and his wife were sleeping in the

cabin next to the scene of the murder. The cooper had heard the poor

man exclaim that he was going to be murdered, and praying that the

murder might come to light. This, however, seemed to be the wandering

of a madman, and the cooper went to sleep. Presently his wife called

him up: 'I believe they are murdering the gentleman.' He heard broken

words and saw a light glimmering through a crevice in the partition.

Peeping through he could distinguish the two ruffians, standing with a

candle over the dead body and taking a watch from a pocket. And then,

through the gloom, he made out a hand upon the throat of the victim.

The owner of the hand was invisible; but it was whiter than that of

a common sailor. 'I have often seen Mahony's and White's hands,' he

added, 'and I thought the hand was whiter than either of theirs.' The

trembling cooper wanted to leave the cabin, but his wife held him

back, as, indeed, with three murderers in the dark passage outside,

it required some courage to move. So they watched trembling, till he

heard a sentinel outside, and thought himself safe at last: he roused

the doctor, peeped at the dead body through a 'scuttle' which opened

into the cabin; and then urged the lieutenant to seize the captain.

The captain was deservedly hanged, bequeathing to us that ghastly

Rembrandt-like picture of the white hand seen through the crevice by

the trembling cooper on the throat of the murdered man. There is no

touch which appeals so forcibly to the imagination in De Quincey's

famous narrative of the Mar murders.

I have made but a random selection from the long gallery of grim and

grotesque portraiture of the less reputable of our ancestry. It must

be confessed that a first impression tends to reconcile us to the

comfortable creed of progress. The eighteenth century had some little

defects which have been frequently expounded; but it can certainly

afford to show courts of justice against its predecessor. The old

judicial murder of the Popish Plot variety has become extinct; if the

judges try to strain the law of libel, for example, the prisoner has

every chance of making a good fight; for which the readers of Horne

Tooke's gallant defences, and of some of Erskine's speeches, may be

duly grateful. The ancient brag of fair play has become something of a

reality. And the character of the crimes has changed in a noticeable

way. There are hideous crimes enough. A brutal murder by smugglers

near the case of Mary Blandy surpasses in its barbarity the worst

of modern agrarian outrages; though it is not clear that in number

of horrors the present century is unable to match its predecessor.

When the wild blood of the Byrons shows itself in the last of the

old tavern brawls à la Mohun, we feel that it is a case (in modern

slang) of a 'survival.' The poet's granduncle, the wicked Lord

Byron, got into a quarrel with Mr. Chaworth about the game laws at a

dinner of country gentlemen at the Star and Garter; whereupon, in an

ambiguous affair, half-scuffle and half-duel, Byron sent his sword

through Chaworth's body, and then politely requested Mr. Chaworth to

admit that he (Byron) was as brave a man as any in the Kingdom. But

this little ebullition required Byronic impulsiveness, and was not

a recognised part of a gentleman's conduct. Lord Ferrers, a short

time before, was hanged, to the admiration of all men, like a common

felon, for shooting his own steward; whereas in our day, he would

almost certainly have escaped on the plea of insanity. Other cases

mark the advent of the meddlesome, but perhaps on the whole useful

person, the social reformer. Momentary gleams of light, for example,

are thrown upon the scandals which ruined the trade of the parsons of

the Fleet. Poor Miss Pleasant Rawlins is arrested for an imaginary

debt, carried to a sponging-house, and there persuaded (she was only

seventeen or thereabouts) that she could obtain her liberty by an

immediate marriage to an adventurer who had scraped acquaintance with

her and taken a liking to her fortune. The famous (he was once famous)

Beau Feilding falls into a trap unworthy of an experienced man of

the world. He is persuaded that a lady of fortune has fallen in love

with him on seeing him walking in her grounds at a distance. A lady,

by no means of fortune, comes to his lodgings, and passes herself

off as this susceptible person. Hereupon Feilding sends off for a

priest of one of the foreign embassies, gets himself married at his

lodgings the same evening, and discovers a few days afterwards that he

is married to the wrong person. It is exactly a comedy of the period

performed by real flesh and blood actors. The catastrophe is painful.

Mr. Feilding ventures to grant himself a divorce, and to marry the

wretched old Duchess of Cleveland; and in due time the Duchess finds

it very convenient to have him tried for bigamy. It did not take more

than half a century or so of such scandals to get an improvement in

the marriage law, which implies, on the whole, a creditable rate of

progress. Another set of cases illustrates a grievance familiar to

novel-readers. In 'Amelia' the atrocities of bailiffs, sponging-houses

and debtors' prisons are drawn with startling realism. We may easily

convince ourselves that Fielding was not speaking without book. The

bailiff who has arrested Captain Booth gives a 'wipe or two with his

hanger,' as he pleasantly expresses it, to an unlucky wretch who

gives trouble, and delivers an admirable discourse upon the ethics

of killing in such cases. It might have come from the mouth of one

Tranter, a bailiff, who, a few years before, had stabbed poor Captain

Luttrell, for objecting to leave his wife in a delicate state of

health. Soon after, we find a society of philanthropists headed by

Oglethorpe of 'strong benevolence of soul,' endeavouring to expose

the horrors of the Fleet and the Marshalsea. A series of trials,

ordered by the House of Commons, had the ending too characteristic

of all such movements. Witnesses swore to atrocities enough to

make one's blood run cold—of men guilty only of impecuniosity,

half-starved, thrust naked into loathsome and pestiferous dungeons,

beaten and chained, and persecuted to death. But then arise another

set of unimpeachable witnesses, who swear with equal vigour that the

unfortunate debtors were treated with every consideration; that they

were made as comfortable as their mutinous spirit would allow; that

they were discharged in good health and died months afterwards from

entirely different causes; that the accused were not the responsible

authorities; that they had never interfered except from kindness, and

that they were the humanest and best of mankind. Nothing remained but

an acquittal; though the investigation did something towards letting

daylight into abodes of horror which Mr. Pickwick found capable of

improvement a century later.

Other cases might show how in various ways the strange power called

Public Opinion was beginning to increase its capricious and desultory

influence. The strange case of Elizabeth Canning (1753) is one of the

most picturesque in the collection. Miss Canning was a maid-servant,

who disappeared for a month, and coming home told how she had been

kidnapped by a gipsy and finally escaped. Officious neighbours

rushed in, and by judicious leading questions managed to help her to

manufacture evidence against a poor old gipsy woman, preternaturally

hideous, who sat smoking her pipe in blank wonder as the crowd of

virtuous avengers of innocence rushed into her kitchen. Mary Squires,

the gipsy, was sentenced to be hanged, and doubtless at an earlier

period she would have been turned off without delay. But in that

delicious calm in the middle of the last century, when wars, and

rebellions, and constitutional agitations were quiet for the moment,

and people had time to read their modest newspapers without spoiling

their digestions and their nerves, the case aroused the popular

interest. If the news did not flash through the country as rapidly as

that of the Lefroy murder, it slowly dribbled along the post-roads and

set people gossiping in alehouses far away in quiet country villages.

A whole host of witnesses appeared and proved an _alibi_ by giving

a diary of a gipsy's tour. We follow the party to village dances;

we hear the venerable piece of scandal about the schoolmaster who

'got fuddled' with the gipsies; and what the gipsies had for dinner

on January 1, 1753, and how they paid their bill; we have a glimpse

of the little flirtation carried on by the gipsy's daughter, and

the poor trembling little letter is produced, which she managed to

write to her lover, and which cost her sevenpence; threepence being

charged for it from Basingstoke to London, and fourpence from London

to Dorchester. After more than a week spent in overhauling this and

other evidence, proving amongst other things that the scene of the

girl's supposed confinement was really tenanted the whole time by

a man strangely and most inappropriately named Fortune Natus, the

jury decided that the accuser was guilty of perjury, but boggled

characteristically as to its being 'wilful and corrupt.' However,

Elizabeth Canning got her deserts and was transported to New England,

still sticking to the truth of her story. Her guilt is plain enough,

if anybody could care about it, but the little details of English

country life a century ago are as fresh as the doings of the rustics

in one of Mr. Hardy's novels.

It all happened a long time ago, but we cannot hope with the old lady

who made that consolatory remark about other historical narratives

that 'it ain't none of it true.' On the contrary such vivid little

pictures flash out upon us as we read that we have a difficulty in

supposing that they were not taken yesterday. Abundance of morals may

be drawn by historians and others who deal in that kind of ware; it

is enough here to have indicated, as well as we can, what pleasant

reading may be found in the dusty old volumes which are too often left

to repose undisturbed on the repulsive shelves of a lawyer's library.

FOOTNOTES:

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