CHAPTER XXVII

SECOND TRIAL, AND SECOND TIME CONDEMNED TO DEATH

After the arrival of Margaret at the Ipswich gaol, several magistrates

attended, at the request of Mr. Ripshaw, to take the deposition of the

prisoner. She was summoned into the gaoler's parlour, or, as it was more

properly called, the "Magistrates' Room." The depositions of Mr. Ripshaw

and of the constable of Sudbourn, were first taken down. The nature of

the offence was then for the first time explained to Margaret, and its

most dreadful consequences at once exposed. She was taken completely by

surprise. She had no idea that, in doing as she had done, she had been

guilty of anything worthy of death, and made no hesitation in telling

the magistrates so. She told them, moreover, that her conscience did not

accuse her of any crime in the attempt, and that she thought it a cruel

and bloody law which could condemn her to death for such an act.

"But are you aware," said Mr. Gibson, one of the visiting magistrates,

"that you have broken that confidence with Mr. Ripshaw which he placed

in you, and that you subjected him and his sureties to the penalty of

five hundred pounds each, had he not recovered you, and brought you back

to prison?"

"Had I been aware of such a thing, I should then have thought myself as

bad as if I had stolen the money, and should, indeed, have broken the

confidence which, with such a knowledge, would have been placed in me,

but I knew nothing of such a fact. My master, Mr. Ripshaw, was always

kind and indulgent to me, and my mistress the same, but they never

hinted such a thing to me. I was not aware that, with regard to my

personal liberty, there was any bond of mutual obligation between me and

my master. I was always locked up at the usual time, and it never was

said to me, 'Margaret, I will rely upon your honour that you will never

attempt to escape.' No promise was exacted from me, and I did not think

that it was any breach of confidence to do as I have done."

"You do not consider that you might have ruined an innocent man; that

the turnkey was actually committed upon suspicion of having connived at

your departure, as nobody would believe that you could have done such an

act of your own accord."

"I might not have done it of my own accord, though I certainly did it

without the assistance of any human being. He, alas! is dead who

persuaded me to it, though I confess it did not require any very great

degree of persuasion; and I fear that, were he living now, I should

almost attempt the same again."

"There you speak contemptuously, and in a very unbecoming manner, young

woman."

"I did not mean to be disrespectful to you, gentlemen, especially as you

are so kind as to explain to me the nature of the law. I only meant to

express my own weakness. But may I ask what law it is that makes the act

I have been guilty of so felonious as to deserve death?"

"You may ask any question you please, but you must not add defiance to

your impropriety and guilt. You are sensible enough to be well assured

that the magistrates here present are not your judges. They have a duty

to perform to their country; and they consider it a privilege and an

honour that their sovereign places them in the situation of such an

active service as to send prisoners before the judge; that such as

transgress the laws, and render themselves unfit to enjoy rational

liberty, should be punished, as men not worthy to be members of a well

organized and civilized community. By the law of the land you live in,

you have once been condemned to death for horse-stealing. By the mercy

of your king, you have had a reprieve, and a commutation of that

sentence of death for transportation for seven years. The period you

have spent in gaol is part of that sentence. Now understand the law:--

"'Any prisoner breaking out of gaol, if he resist his gaoler, may be

killed on the spot, in the attempt of the gaoler to restrain him. And

any person breaking out after sentence of death, shall be considered

liable to that punishment for his original offence, which had been

commuted, and shall suffer death accordingly. If he escape through the

door of his prison, when left open, it shall not be felony, because it

is the negligence of the gaoler; but if he break out, after proper

caution exercised for his security, either by force in the day, or by

subtlety in the night, then it shall be felony.'

"Such is the law; and though in your case, young woman, you may not

consider it just, yet when you reflect upon your example to others, you

will see it in a different light. If every prisoner should go unpunished

who broke out of prison what continual attempts would be made to escape!

I am truly sorry for your case; but the law is made for offenders; and

it is our duty to send you to Bury again for trial. In the meantime, the

gaoler will be upon the alert, and take good care that you do not commit

the same offence again."

Margaret thanked Mr. Gibson for his explanation. She felt very sorry,

she said, if she had offended any one, and hoped they would forgive her

ignorance and unintentional offence.

She was fully committed to take her trial for the second offence. Mr.

Gibson was much astonished at her presence of mind and singularly acute

understanding, as well as appropriate and becoming form of speech, which

she used as naturally as she felt it. His words to one deeply interested

for Margaret were, "What a pity that such a woman should not know the

value of her liberty before she lost it!"

The reader knows the reason why Margaret broke out of prison, and has

seen how she became a second time amenable to the laws. He will observe,

that it was from her acquaintance with that desperate man, who had been

the cause of misery to her and her family, from the first days of her

acquaintance with him. But he was now dead. The cause was removed, and

with it died every wish of her heart for life and liberty.

But it was not the place that made Margaret so unhappy. It was the void

occasioned by the having no one now to love, that made her feel as if no

one in the world loved her. In this she was greatly mistaken; for though

her offence had occasioned much condemnation among those who were

interested in her, yet they were not so lost to pity and compassion as

not to feel for her sufferings. Among the foremost of those friends was

her former mistress, who, in the true sense of the word, was charitable.

As soon as she heard that Margaret was retaken, she saw at once all the

dreadful consequences which awaited her, and knew that she would require

more than double attention and care. Her first step was an application

to a magistrate (Mileson Edgar, Esq., of the Red House), for an order to

visit Margaret in prison, and the application was immediately granted in

the following letter from that gentleman:--

"RED HOUSE, May 10th, 1800.

"MY DEAR MADAM,

"Any request that you would make would be sure to meet with prompt

attention from me, because I am well assured that you would not

make one which I could not grant, and which, when granted, would

not give me pleasure to have attended to. Herewith I send you an

order to Mr. Ripshaw to admit you to visit Margaret Catchpole

during her confinement in the Ipswich gaol. What an extraordinary

being she is! a clever, shrewd, and well-behaved person, yet

strangely perverted in her judgement! She actually cannot be

persuaded that she has offended against the laws of her country.

You will, I trust, my dear madam, by the exercise of your influence

and judgement, convince her of her folly. I am truly glad that you

intend going to see her; for next to the pleasure derived from

granting your request is the comfort I derive from the prospect of

great benefit therein to the prisoner.

"Believe me, my dear madam,

"Ever yours sincerely,

"MILESON EDGAR.

"To MRS. COBBOLD, St. Margaret's Green, Ipswich."

The visit was soon paid to poor Margaret in her cell, and it was one of

deep interest and importance, inasmuch as it paved the way for a better

frame of mind, and deeper humility, than this wretched young woman ever

before felt. On this account we shall record the particulars of the

interview in detail, as related by the lady herself.

When Mrs. Cobbold entered the cell, Margaret rose and curtsied

respectfully, and the next moment the big tears rolled down her cheeks,

and her chest heaved with convulsive emotion, as if her heart would

break. The gaoler placed a chair for the lady, and retired to the end of

the passage. For a long time nothing could be heard but the occasional

sobs of the prisoner. At length she spoke:--

"Oh! my dear lady, how can you look upon me? You are good to come and

see me; but indeed I feel as if I was not worthy you should come. I

never dared to ask it of you. I had scarcely any hope of it. It is only

your goodness. I am a poor, ill-fated being, doomed to sorrow and

despair!"

"Margaret, I came to see you from a sense of duty to God, and to you

too: I came to try and comfort you; but how can I give consolation to

you if you talk of your being ill-fated and _doomed_ to despair? Do not

say that the doom of fate has anything to do with your present

situation. You know as well as I do, that unless you had misconducted

yourself, you might have been as happy now as you were when I saw you

after your return from Bury. Put your sin upon yourself, and not upon

your fate. You know the real cause of this unhappiness."

"Ah! dear lady, what would you have done if you had been me and in my

place?"

"I might have done as you did; but I do think, Margaret, knowing what a

friend I had always been to you, that you might have placed confidence

in me, and have told me Laud was in prison. I observed that you were

much disturbed, and not yourself, when I last came to see you, but I

could not divine the cause."

"I was afraid to tell you, madam, lest you should persuade me to give up

my acquaintance with him, and I had learned much more to his credit than

I knew before."

"And so, by following your own inclination, you have brought your lover

and yourself to an untimely death. Oh, Margaret! had you confided in me,

I should have persuaded you to have tried him until you had obtained

your discharge from prison; then, had he been a respectable and altered

man, I should have approved of your marriage."

"But think, dear lady, how constant he had been to me for so many years!

Surely his patience deserved my confidence."

"And what good did you ever find it do you, Margaret? Look at the

consequences."

"I could not foresee them. How could I then look at them?"

"Though you were so blind as not to foresee the consequences, others,

with more reflection and forethought, might have done so for you; and,

assuredly, had you hinted the matter to me, I should have prevented

what has happened."

"I wish indeed, now, that I had done so. I suffer most severely in my

mind, not from the fear of punishment, but because I have been the cause

of William Laud's death."

"And he will have been the cause of your own, Margaret. Had he not

persuaded you to break out of prison, he would not have been killed. He

knew the penalty was death to you if you were caught, and he has met

that very end to which he has now made you liable. Had he loved you

lawfully and honourably, as he ought to have done, he would have waited

for your free and happy discharge."

"But it seems to me," said Margaret, "so very strange, something so out

of justice, to condemn a person to die for that which does not appear to

her to be a crime. I cannot see the blood-guiltiness that I have thus

brought upon myself. In God's commandments I find it written, 'Thou

shalt not steal.' I stole the horse, and I could see that I deserved to

die, because I transgressed that commandment; but I do not find it said,

'Thou shalt not escape from prison.'"

"Now Margaret, your own reasoning will condemn you. You acknowledged

that you deserved to die for stealing the horse. Now consider the

difference between the sentence you were actually prepared to submit to

and the one for which it was in mercy changed. Though justly condemned

to death, you are permitted to live and undergo a comparatively mild

punishment, yet you cannot see the duty of submitting to it. You should

have endured the lesser punishment without a murmur. You appeared to

receive the award of it with such thankfulness that it made all your

friends rejoice for you. But how deep is their present sorrow! What will

the judge say to you now when you are placed before him? Religion

teaches you submission to the constituted authorities of your country;

and you ought to think with humility, as you once did, that, like the

thief on the cross, you suffer justly for your crimes. To my mind,

Margaret, you have no excuse whatever. It may be all very well for

romantic ideas of fancy to make your lover the excuse; but you were not

at liberty to choose to roam over the sea with him until you could do so

with a free conscience."

"It is not for me, dear lady, to say a word against your reasoning. I

did not look upon my crime in this light."

"You must learn to look upon your crime as one which has done injury to

society. Which of your friends, who interceded for you with the judge,

and gave you so good a character, can now intercede for you again? I am

persuaded, Margaret, that the judge himself will think his former mercy

much displaced, and that you will meet with severity and reproach at his

hands."

"Dear lady! who can give me comfort? Laud is dead, my father is dead, my

brother is at a distance and will probably be so ashamed of me that he

will never come to see me again. To whom, then, can I look for help?

You, my dear mistress, must be hurt at my conduct, and all my friends

likewise. I do not deserve their compassion, and yet I never wanted help

so much. Oh! who shall comfort me now?"

"You shall have all the consolation I can give you; I will pray for you

continually; I will lend you such books to read as I think may assist

you; and were we not now about to remove from St. Margaret's Green to

the Cliff again, and in the midst of much bustle, I would come to see

you much oftener than I can now do. My family is increasing, and your

master says he must return again to the brewery and to business. But I

will come and see you many times, and when I cannot come I will write

such instructions as, if you pursue them diligently, may, with God's

blessing, promote your everlasting benefit. I am glad that you are

sensible of your sins. This will go some way towards your deriving

consolation from the Word of God. Attend to the precepts of the

chaplain, who is a good man, and understands your disposition as well

as I do; I shall often communicate with the Rev. Mr. Sharp concerning

you. You must indeed be very, very humble, before you can obtain that

sweet peace of mind which you once possessed. It will come to you again,

if you are sincerely penitent and resigned, but not without."

"You are a dear friend, madam, to the poor destitute, and the only one

now left me upon the earth. Oh! how, dear lady, can I be worthy of such

kind consideration? Forgive me! oh, pray forgive me!"

"Margaret, I wish the law could as freely forgive you as I do, but you

must not expect it. You must fortify your soul with religious

consolation alone. Everything else will fail. You must think of far

greater love than I can show to you, Margaret; love that has endured

inexpressible anguish for you; love that has laid down life for you; and

that will teach you how to die. You must think of your Saviour's

love--free, unsought, undeserved love. Oh, the depth of His riches! Who

can estimate them as he ought? You must look up to Him during every

moment of your short existence, and be never weary of praying to Him for

forgiveness. But I must now leave you, Margaret. It shall not be long

before I see you again. God bless you! Good-bye!"

Margaret could not speak, but she knelt down and prayed inwardly.

For the next three months Mrs. Cobbold became a frequent visitor at the

gaol, and found that Margaret made the best use of her time between the

period of her committal and her trial. How instructive are the minutes

of her progress, which that lady made, during that most engaging period!

and how blessedly employed was the enlightened mistress in communicating

light to her poor benighted servant! It was now that she made amends, in

her own heart, for that too common error among all who exercise power

and authority: the neglect of the spiritual welfare of their dependants.

She applied her powerful faculties to the strengthening and refreshing

of her servant's mind, by humbling herself with her before God. And well

was she repaid for this exertion. Abundant was the reward to herself in

obtaining that experience in the ways of godliness which strengthened

her own faith and increased her charity.

Margaret's mind underwent a complete change. She might be truly said to

be a resigned and patient Christian; one who, from that day to her

latest moments, never lost the influence of those purest principles and

most blessed hopes which were then instilled and rooted in her soul.

On the 1st of August, the day previously to her departure for Bury,

Margaret received the following letter from her excellent mistress:--

"CLIFF, IPSWICH, August 1st, 1800

"MARGARET,

"I cannot come and see you, as I had intended this day to have

done, having been so unfortunate as to sprain my ankle in getting

out of my carriage on to the stone step at the Cliff. But I am so

full of thought about you, that my painful foot shall not prevent

my willing hand writing to you a few words before you depart. It

may be good for you and me that this accident has occurred, however

much it may seem our present privation. It may teach us that we

never can command events, or tell what a day may bring forth. It

may so happen that this letter may do you more good than my visit;

if so, I shall not regret the pain I suffer, since I shall have the

consolation of its seeming evil being productive of some good. Oh,

how I wish that we could look upon all events in the same manner,

and be persuaded that all things 'work together for good to them

that love God!' Let us (i. e. you and I) be thus persuaded. It will

prevent us experiencing any present mortification in the

impossibility of our seeing each other at this time.

"I would first speak to you about your conduct at the trial, and my

pen does that which my tongue would do. Do not attempt in any way

to defend your conduct. Being fully convinced, by God's grace, of

the criminality of your act and deed, let no legal sophistry

whatever induce you to plead _not guilty_. In a court of justice,

you should stand before man in the same way as you would before

your Maker, without any covert deceit, any desire to make a bad

cause appear a good one.

"Satan is sometimes transformed into an angel of light. He is so

eloquent, so engaging, so bold, so devoted, so earnest, so

intelligent, so interesting, so persuasive, that a lie comes from

him with such apparent grace, that the sons of God are almost

deceived by his transformations. But let not any one persuade you

to take advantage of his services. Truth, Margaret, needs no

fiction to defend it; for 'whatsoever loveth and maketh a lie shall

never enter into the city of truth.' So do not suffer any one who

calls himself your friend to persuade you to trust to fallacies.

You know yourself guilty. Conduct yourself as a person conscious of

your guilt before God and man. I shall not deceive you. The penalty

of your crime is death; and you do not forget the argument that I

used upon a former occasion, 'that if a man owns himself justly

condemned to suffer death, and has mercy shown to him by giving him

a lesser punishment, his duty is to suffer that lesser punishment

with the same resignation as he would death. And if he fail in this

duty, he justly deserves the former punishment.' So do you justly

deserve sentence of death for your present or late sin. And you

will be condemned to die!

"Be prepared for much severity at the hands of our offended judge.

I say, be prepared; for unless he should know as much of you as I

do, he will think you one of the worst persons alive, and therefore

only fit to be made a public example of by a violent death. I know

you, however, Margaret; and though I believe that if you were now

restored to liberty you would be a Christian servant, and never

more be a guilty slave of sin, yet your judge cannot know this.

Indeed, scarcely any of the magistrates know this. It is,

therefore, best to be prepared for a severe trial. Do not attempt

to call any one to speak to your character. It will be of no use.

The representations made by the magistrates at the last assizes

will be sufficient testimony up to that time; and since then, you

cannot say that you deserve any defence. You must not expect any

mercy, but prepare yourself not only to receive sentence of death,

but _prepare yourself to die_.

"If a prisoner who knows himself to be guilty does not prepare

himself to die before the sentence of death is passed upon him, his

is a very dangerous state, since the period is so short between

condemnation and execution that he must be very much distracted."

"You have read through 'The Christian's Consolations against the

Fears of Death,' and you tell me that your mind has been greatly

strengthened by the piety expressed in this good old book. I agree

with you that it touches upon every source of consolation which a

Christian man can contemplate. It meets almost every case. But it

does not exactly contemplate a female convict, like yourself; and

on this account I would add a very few words of advice to you upon

this subject.

"To die a Christian, and as a Christian ought to die, is to have no

desire whatever but for the kingdom of God. You suffer justly for

your crimes; and you must not let any one deceive you into any

false idea of your own worthiness to live. The penitent malefactor

on the tree rebuked the boldness of his brother, who railed upon

the Saviour of the world, and used these words of reproof, 'Dost

not thou fear God, seeing thou art in the same condemnation? And we

indeed suffer justly; but this man hath done nothing amiss.' Then

he prefers that humble prayer, which should ever be yours,

Margaret, up to your latest moment, 'Lord, remember me when thou

comest into Thy kingdom!' How infinite in mercy is the Lord! How

loving! How pitiful! How generous to the poor wretch at the moment

of his late repentance! We cannot tell, Margaret, how late that

repentance was. He might have been convinced of his guilt long

before he was lifted up to die. In prison he might have heard, as

you have done, of the great, the good, the only Christ. So that men

do wrong to take even this example for the success of a death-bed

repentance at the last hour. We cannot tell when our last hour may

be. Our first should be one of repentance as well as our last. And

the whole desire of our lives should be, to be remembered in the

kingdom of Christ. The blessed words of our Saviour must have taken

away the sting of death from the faithful heart of the penitent:

'This day shalt thou be with Me in Paradise.'

"I conceive that we are justified in taking these words to our own

selves in our own contemplation of death, and in considering them

as the most blessed words that can be used to destroy the power

which the King of Terrors often raises in the minds of weak and

sinful mortals. If you are truly penitent, justly sensible of all

your sins, and are fully convinced of the meritorious sacrifice

which God has once made for your sins and those of the whole world,

I see no reason why your faith should not be so fully fixed on

these blessed words as to let them be the hope of your heart. It is

almost impossible for the true penitent to beg to be remembered in

the kingdom of Christ without experiencing comfort from the

Saviour's words, 'This day shalt thou be with Me in Paradise.'

"Death frees us from the dominion of sin; that is, if we die in

Christ. We are then with Him in Paradise, in that state of

innocency in which Adam was before he was driven out of the Garden

of Eden. Our spirits know no fear, since we are in love; and

'perfect love casts out fear, because fear hath torment.'

"Your judge, Margaret, will probably tell you to make good use of

the short time you have to live. I not only tell you this, that you

may be fortified against your sentence of death, but that you may

prepare yourself for entering upon another and a better life. I am

glad to find, by my friend the chaplain, that you have diligently

applied your whole strength to the Word of God, and have found how

weak, how wicked, how lost you have been all the days of your life.

I hope to be able to come and see you, with him, after your return

from Bury, and to partake with you of spiritual refreshment. Till

then, my poor servant, I can only pray that you may be rich in

grace, strong in faith, humble in heart, devout in prayer, lowly

and contrite in spirit, watchful against all temptation, in love,

in peace, in charity with all, praying for all: for your judge,

jury, and fellow-prisoners.

"Oh that your end may be as you wish it, a warning to all your sex,

and especially to those in your situation of life, never to let

passion get the upper hand of virtuous principle! That God may

fortify you with His spirit, cheer you with His Word, and comfort

you in death, is the earnest prayer of your former mistress

"And present friend,

"ELIZABETH COBBOLD.

"To MARGARET CATCHPOLE."

Margaret fed upon the contents of this letter, and followed the advice

given her; and with what effect will be best seen by the account

preserved of her second trial. She went to Bury on the 2nd of August,

and on the 3rd was conducted to the same court, and appeared before the

same judge, as she had done upon her first trial three years before.

The Lord Chief Baron Sir Archibald Macdonald was this time accompanied

by Sir Beaumont Hotham. The juries for the county and liberty were the

following honourable gentlemen:--

FOR THE COUNTY

Lord Viscount Broome.

Charles Berners, jun., Esq.

B. G. Dillingham, Esq.

P. J. Thelluson, Esq.

George Wilson, Esq.

Matthias Kerrison, Esq.

Wolfran Lewis, Esq.

Mileson Edgar, Esq.

John Cobbold, Esq.

Edward Studd, Esq.

Anthony Collet, Esq.

Joseph Burch Smith, Esq.

John Farr, Esq.

John Dresser, Esq.

William Philpot, Esq.

James Reeve, Esq.

Edmund Barber, Esq.

James Stuttur, Esq.

FOR THE LIBERTY

Sir T. C. Bunbury, Bart.

Sir T. C. Cullum, Bart.

Sir Harry Parker, Bart.

Barnard E. Howard, Esq.

N. Barnadiston, Esq.

Nathaniel Lee Acton, Esq.

Capel Lofft, Esq.

John Mosley, Esq.

Joshua Grigby, Esq.

William Mannock, Esq.

John Wastell, Esq.

Robert Walpole, Esq.

Richard Cartwright, Esq.

Thomas Cocksedge, Esq.

Thomas Mills, Esq.

James Oakes, Esq.

Thomas Gery Cullum,

Esq.

Abraham Reeve, Esq.

George Archer, Esq.

William B. Rush, Esq., Sheriff.

The usual forms of the court having been gone through, Margaret

Catchpole was again placed at the bar. Margaret was dressed, as

formerly, in a plain blue calico dress. She appeared pale and thin, but

perfectly free from any of that emotion which she formerly exhibited.

There was a calmness of deportment without the least obduracy, and no

obtrusive boldness nor recklessness. She did not look round the court

with any of that anxiety she formerly exhibited, as if she wished to see

any one there who knew her. She knew that Will Laud was gone, and that

neither her father nor her brother was there. She was quite indifferent

to the public gaze, and with her eyes cast down upon the bar, she saw

not that piercing glance which the judge gave her as she took her

station before him, though every person in court noticed it, and looked

at the prisoner to see if she did not quail before it.

The indictment having been read aloud, once more the clerk of the court

addressed her in these terms:

"How say you, prisoner at the bar, are you guilty or not guilty?"

Margaret lifted up her dark eyes once more, and looking her judge calmly

in the face, said--

"Guilty, my lord."

There was a perfect stillness in that crowded court, while the judge now

addressed her in the following terms:--

"I cannot address you, prisoner at the bar, in the same strain I

formerly did, since I am persuaded that you are hardened in your

iniquity. I pitied you at that time for your youth; but though young in

years, you are old in crime. I considered you then a person who, if you

had the chance, would form, for the remainder of your days, an estimable

character. In this, however, I have been greatly deceived, and I now

look upon you as a person whom I believe to be dangerous to the morals

of others, and therefore unfit to live. You have shown your sense of the

past mercy extended to you by your bold and daring conduct in breaking

out of prison. I had fully intended to have obtained your discharge from

the Ipswich gaol at these very assizes, had I heard the good report I

received last year confirmed. You may judge, then, of my surprise and

indignation when I heard of your escape from the gaol.

"So bold a woman would make a very bad companion for any man. She who,

after receiving pardon for her past crimes, in the merciful permission

to live when condemned to death, will again be guilty of setting a bad

example to all, instead of a good and reformed one: she who will set at

defiance the laws of her country, and be so bold as to break out of

prison before the period of her confinement had expired, shows such a

disregard to all past and present mercies that she is not worthy to

live.

"You have, I understand, been the occasion of sudden death to one man,

and might have involved others in your guilt. The turnkey of the gaol

might have been severely punished for your delinquency. Your gaoler,

whose duty it is to attend the prisoners to Bury, and of whose absence

you took such a shameful advantage, might have suffered a heavy fine.

You had very nearly eluded his activity, and I consider that great

credit is due to him for the manner in which he recovered you and has

brought you to justice. The magistrates of this county have very

properly applauded his zeal; and I consider it a fortunate thing for

society, that you are not this moment at large in any part of his

Majesty's dominions.

"I will not waste words upon a person so ungrateful as you are. What can

you possibly have to say why sentence should not be passed upon you? You

may say anything you have to say. It cannot be anything good, or in the

least mitigate the severest penalty of the law. Have you anything to

say, prisoner at the bar?"

There was such a still silence in the court at this moment that the

scratch of a pen might have been heard. The barristers all looked up at

the prisoner. Every eye was fixed intently upon her pale face, as she

looked up and made such a composed reply to the Lord Chief Baron's

speech, that one of the most eminent barristers of that day, afterwards

as eminent as a judge, declared it to be the most able and impressive he

had ever, under such circumstances, heard. She spoke with perfect ease,

and apparently without the slightest tremor, and was heard all over the

court.

"My lord, I fully expected that your lordship would condemn me severely

for my present offence. I expected severity; but I did not think that I

should receive the language of judgement without mercy from one whose

former kindness touched my heart. As to my being a hardened offender, I

humbly hope that in this respect your lordship is mistaken. I have

committed two offences against the laws of my country. The first I

acknowledged, not without a sense of its guilt; the second, when I

committed it, I was quite unconscious of the light in which the law

viewed it, and I thought it no crime at all. Had not the arguments of

one wise as your lordship, and a far dearer friend to the prisoner,

convinced me of its enormity, I had this day stood before the court and

felt myself condemned as an innocent person. Thank God, such is not the

case! and your lordship's accusation of my being a hardened offender is

without foundation.

"At this moment of condemnation you refer to your intention of obtaining

my discharge at these assizes. At such a time as this, the expression of

such an intention might have produced extreme bitterness in my heart,

did I not know, that before the last assizes, your lordship received a

memorial, signed by all the magistrates who visited the Ipswich gaol,

praying for my discharge on account of exemplary conduct up to that

time. Had you, then, my lord, attended to that prayer, the offence for

which I am now to suffer the severity of the law would never have been

committed, the life of the man whom it was my fault to love would have

been spared, and I should not have had the anguish of being compelled to

speak as I now do, nor this court the pain of hearing me. The bitterness

then which your reference to my intended discharge would have given me

must remain with your lordship, not with me. You may be well assured, my

lord, that I am not hardened, but penitent. In the twinkling of an eye I

shall meet your lordship at the tribunal of perfect justice, where we

shall both be prisoners at that bar where we shall require, and, I hope,

shall find mercy.

"You could not imagine what I should say, and what I do say is not meant

as a defence of my improper act, but only in justice to those who may

wish me 'God speed' in this court, and who might think from your

lordship's language that I was insensible to their or your lordship's

past kindness. The day will come, and not long after my departure

hence, when your lordship will be convinced that your opinion, now

expressed, was not such as the circumstances of my case warranted or

called for. Your lordship will then clearly see, that through ignorance,

and prompted somewhat beyond the bounds of reason by the force of

gratitude to one whom I too dearly loved, I was induced to attempt to

gain that liberty which I then felt could only be pleasant in his

company.

"Your lordship will, I hope, send me soon to the enjoyment of a liberty

with which no laws of man can interfere. I call no persons to speak to

my character since the period when your lordship received the testimony

of the gaoler, chaplain, and magistrates of the Ipswich division. I

humbly beg pardon of you, my lord, and of all this court, if I have said

anything which may seem disrespectful to you or any persons present; and

I now await your lordship's sentence."

After Margaret had finished speaking, all eyes were turned towards the

judge. The barristers who were present whispered together, and his

lordship caught the sounds of words like these: "Admirable answer!"

"Sensible speech!" "Able reply!" which made the colour come into his

face, and it required some degree of judicial self-possession to

disperse it. He soon resumed, however, his wonted dignity and calmness,

and proceeded to pass sentence upon the prisoner, prefacing the awful

terms with these words:--

"Prisoner at the bar, I am glad to say that my opinion may be altered

with regard to your hardened state; I may lament, also, that the prayer

of that petition made in your behalf was not sooner complied with, as

you expected it would have been. This will not, however, excuse your

crime. It might be sufficient to establish the propriety of your conduct

up to that time, but your subsequent act completely cancelled that

character. You have artfully attempted to throw the blame, which rests

entirely with yourself, upon me as your judge." Here Margaret looked at

him with piercing scrutiny, but uttered not a word. "He will not blame

himself again under similar circumstances, having had such occasion to

blame himself for too great leniency upon your former trial. You are

sufficiently sensible to be aware of the short time you have to live,

and of the necessity of making good use of it. I shall add no more than

the judgement of this court, which is----"

Here the judge passed the sentence in the same awful words as he had

formerly done.

There were many in that court who felt for the prisoner more than the

finest eloquence could express. She received the sentence without any of

those deep feelings which she had formerly exhibited; she looked as

mildly and quietly at the judge as if she had only been receiving his

advice; she curtsied respectfully to him and the court; and then she

firmly receded from the dock, and returned to the care of the gaoler.

It was observed by several persons of the court, that the Lord Chief

Baron did not rally his wonted cheerfulness during the succeeding

business of the day. Whatever may be said of the habit of sternness and

indifference to the real promptings of nature, which men who administer

the laws of their country usually entertain (and a judge is seldom

guilty of any exhibition of human weakness in the act of condemning a

fellow-creature to death), yet Chief Baron Macdonald most certainly did

feel a strange sensation of nervous sensibility with regard to the

unfortunate woman he had that day condemned. He was more abstracted and

thoughtful upon her case than upon any other which came before him. He

could not dismiss it from his mind with his wonted consciousness of

composure. He continually reverted to her extraordinary character

whenever a pause in the business of the court afforded him an

opportunity to speak to the high sheriff, and he was heard to say--

"I should like to examine the spot whence this wonderful woman effected

her escape. The more I think of what I have been told of her, and of

what I have heard from her own lips, the more curious I am to inspect

the gaol. If I have an opportunity before I return to town, I most

assuredly will do so. I wish I could see that woman, and be myself

incog. I could then judge of some things which appear to me inexplicable

in such a person. Whence does she gain such powers of speech, such

simplicity of manners, and yet so truly applicable to her situation?

There must be mind and instruction too!"

The high sheriff, who was a man of the most humane disposition, here

ventured to tell the judge that many of the magistrates thought that her

life would have been spared on account of their former recommendation.

This was quite in private conversation, and only came to light after the

business of the assizes was over. Let whatever influence may have been

exercised with his lordship in behalf of the prisoner, or let it have

been simply his own conviction that mercy would not again be unworthily

extended, before he left Bury her sentence was once more changed from

death to transportation. But this time it was for life, instead of for

seven years or for any fixed period.

Margaret received the announcement of this change without any expression

of joy for herself or thankfulness to her judge. She regretted that she

should have to linger out so many years of her existence in a foreign

land, and when told of it as an act of mercy, she replied "that it was

no mercy to her."

The History of Margaret Catchpole, a Suffolk Girl · 第 27 / 31 章