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by Montague Rhodes James
Page 3 of 3 : First page
_L.C.J._ Was there no tracks of it on the floor? What floor have you there?
_S._ It is a flagged floor and sanded, my lord, and there was an appearance of a wet track on the floor, but we could make nothing of it, neither Thomas Snell nor me, and besides, as I said, it was a foul night.
_L.C.J._ Well, for my part, I see not--though to be sure it is an odd tale she tells--what you would do with this evidence.
_Att._ My lord, we bring it to show the suspicious carriage of the prisoner immediately after the disappearance of the murdered person: and we ask the jury's consideration of that; and also to the matter of the voice heard without the house.
Then the prisoner asked some questions not very material, and Thomas Snell was next called, who gave evidence to the same effect as Mrs Arscott, and added the following:
_Att._ Did anything pass between you and the prisoner during the time Mrs Arscott was out of the room?
_Th._ I had a piece of twist in my pocket.
_Att._ Twist of what?
_Th._ Twist of tobacco, sir, and I felt a disposition to take a pipe of tobacco. So I found a pipe on the chimney-piece, and being it was twist, and in regard of me having by an oversight left my knife at my house, and me not having over many teeth to pluck at it, as your lordship or anyone else may have a view by their own eyesight--
_L.C.J._ What is the man talking about? Come to the matter, fellow! Do you think we sit here to look at your teeth?
_Th._ No, my lord, nor I would not you should do, God forbid! I know your honours have better employment, and better teeth, I would not wonder.
_L.C.J._ Good God, what a man is this! Yes, I _have_ better teeth, and that you shall find if you keep not to the purpose.
_Th._ I humbly ask pardon, my lord, but so it was. And I took upon me, thinking no harm, to ask Squire Martin to lend me his knife to cut my tobacco. And he felt first of one pocket and then of another and it was not there at all. And says I, 'What! have you lost your knife, Squire?' And up he gets and feels again and he sat down, and such a groan as he gave. 'Good God!' he says, 'I must have left it there.' 'But,' says I, 'Squire, by all appearance it is _not_ there. Did you set a value on it,' says I, 'you might have it cried.' But he sat there and put his head between his hands and seemed to take no notice to what I said. And then it was Mistress Arscott come tracking back out of the kitchen place.
Asked if he heard the voice singing outside the house, he said 'No,' but the door into the kitchen was shut, and there was a high wind: but says that no one could mistake Ann Clark's voice.
Then a boy, William Reddaway, about thirteen years of age, was called, and by the usual questions, put by the Lord Chief Justice, it was ascertained that he knew the nature of an oath. And so he was sworn. His evidence referred to a time about a week later.
_Att._ Now, child, don't be frighted: there is no one here will hurt you if you speak the truth.
_L.C.J._ Ay, if he speak the truth. But remember, child, thou art in the presence of the great God of heaven and earth, that hath the keys of hell, and of us that are the king's officers, and have the keys of Newgate; and remember, too, there is a man's life in question; and if thou tellest a lie, and by that means he comes to an ill end, thou art no better than his murderer; and so speak the truth.
_Att._ Tell the jury what you know, and speak out. Where were you on the evening of the 23rd of May last?
_L.C.J._ Why, what does such a boy as this know of days. Can you mark the day, boy?
_W._ Yes, my lord, it was the day before our feast, and I was to spend sixpence there, and that falls a month before Midsummer Day.
_One of the Jury._ My lord, we cannot hear what he says.
_L.C.J._ He says he remembers the day because it was the day before the feast they had there, and he had sixpence to lay out. Set him up on the table there. Well, child, and where wast thou then?
_W._ Keeping cows on the moor, my lord.
But, the boy using the country speech, my lord could not well apprehend him, and so asked if there was anyone that could interpret him, and it was answered the parson of the parish was there, and he was accordingly sworn and so the evidence given. The boy said:
'I was on the moor about six o'clock, and sitting behind a bush of furze near a pond of water: and the prisoner came very cautiously and looking about him, having something like a long pole in his hand, and stopped a good while as if he would be listening, and then began to feel in the water with the pole: and I being very near the water--not above five yards--heard as if the pole struck up against something that made a wallowing sound, and the prisoner dropped the pole and threw himself on the ground, and rolled himself about very strangely with his hands to his ears, and so after a while got up and went creeping away.'
Asked if he had had any communication with the prisoner, 'Yes, a day or two before, the prisoner, hearing I was used to be on the moor, he asked me if I had seen a knife laying about, and said he would give sixpence to find it. And I said I had not seen any such thing, but I would ask about. Then he said he would give me sixpence to say nothing, and so he did.'
_L.C.J._ And was that the sixpence you were to lay out at the feast?
_W._ Yes, if you please, my lord.
Asked if he had observed anything particular as to the pond of water, he said, 'No, except that it begun to have a very ill smell and the cows would not drink of it for some days before.'
Asked if he had ever seen the prisoner and Ann Clark in company together, he began to cry very much, and it was a long time before they could get him to speak intelligibly. At last the parson of the parish, Mr Matthews, got him to be quiet, and the question being put to him again, he said he had seen Ann Clark waiting on the moor for the prisoner at some way off, several times since last Christmas.
_Att._ Did you see her close, so as to be sure it was she?
_W._ Yes, quite sure.
_L.C.J._ How quite sure, child?
_W._ Because she would stand and jump up and down and clap her arms like a goose [which he called by some country name: but the parson explained it to be a goose]. And then she was of such a shape that it could not be no one else.
_Att._ What was the last time that you so saw her?
Then the witness began to cry again and clung very much to Mr Matthews, who bid him not be frightened.
And so at last he told his story: that on the day before their feast (being the same evening that he had before spoken of) after the prisoner had gone away, it being then twilight and he very desirous to get home, but afraid for the present to stir from where he was lest the prisoner should see him, remained some few minutes behind the bush, looking on the pond, and saw something dark come up out of the water at the edge of the pond farthest away from him, and so up the bank. And when it got to the top where he could see it plain against the sky, it stood up and flapped the arms up and down, and then run off very swiftly in the same direction the prisoner had taken: and being asked very strictly who he took it to be, he said upon his oath that it could be nobody but Ann Clark.
Thereafter his master was called, and gave evidence that the boy had come home very late that evening and been chided for it, and that he seemed very much amazed, but could give no account of the reason.
_Att._ My lord, we have done with our evidence for the King.
Then the Lord Chief Justice called upon the prisoner to make his defence; which he did, though at no great length, and in a very halting way, saying that he hoped the jury would not go about to take his life on the evidence of a parcel of country people and children that would believe any idle tale; and that he had been very much prejudiced in his trial; at which the L.C.J. interrupted him, saying that he had had singular favour shown to him in having his trial removed from Exeter, which the prisoner acknowledging, said that he meant rather that since he was brought to London there had not been care taken to keep him secured from interruption and disturbance. Upon which the L.C.J. ordered the Marshal to be called, and questioned him about the safe keeping of the prisoner, but could find nothing: except the Marshal said that he had been informed by the underkeeper that they had seen a person outside his door or going up the stairs to it: but there was no possibility the person should have got in. And it being inquired further what sort of person this might be, the Marshal could not speak to it save by hearsay, which was not allowed. And the prisoner, being asked if this was what he meant, said no, he knew nothing of that, but it was very hard that a man should not be suffered to be at quiet when his life stood on it. But it was observed he was very hasty in his denial. And so he said no more, and called no witnesses. Whereupon the Attorney-General spoke to the jury. [A full report of what he said is given, and, if time allowed, I would extract that portion in which he dwells on the alleged appearance of the murdered person: he quotes some authorities of ancient date, as St Augustine _de cura pro mortuis gerenda_ (a favourite book of reference with the old writers on the supernatural) and also cites some cases which may be seen in Glanvil's, but more conveniently in Mr Lang's books. He does not, however, tell us more of those cases than is to be found in print.]
The Lord Chief Justice then summed up the evidence for the jury. His speech, again, contains nothing that I find worth copying out: but he was naturally impressed with the singular character of the evidence, saying that he had never heard such given in his experience; but that there was nothing in law to set it aside, and that the jury must consider whether they believed these witnesses or not.
And the jury after a very short consultation brought the prisoner in Guilty.
So he was asked whether he had anything to say in arrest of judgement, and pleaded that his name was spelt wrong in the indictment, being Martin with an I, whereas it should be with a Y. But this was overruled as not material, Mr Attorney saying, moreover, that he could bring evidence to show that the prisoner by times wrote it as it was laid in the indictment. And, the prisoner having nothing further to offer, sentence of death was passed upon him, and that he should be hanged in chains upon a gibbet near the place where the fact was committed, and that execution should take place upon the 28th December next ensuing, being Innocents' Day.
Thereafter the prisoner being to all appearance in a state of desperation, made shift to ask the L.C.J. that his relations might be allowed to come to him during the short time he had to live.
_L.C.J._ Ay, with all my heart, so it be in the presence of the keeper; and Ann Clark may come to you as well, for what I care.
At which the prisoner broke out and cried to his lordship not to use such words to him, and his lordship very angrily told him he deserved no tenderness at any man's hands for a cowardly butcherly murderer that had not the stomach to take the reward of his deeds: 'and I hope to God,' said he, 'that she _will_ be with you by day and by night till an end is made of you.' Then the prisoner was removed, and, so far as I saw, he was in a swound, and the Court broke up.
I cannot refrain from observing that the prisoner during all the time of the trial seemed to be more uneasy than is commonly the case even in capital causes: that, for example, he was looking narrowly among the people and often turning round very sharply, as if some person might be at his ear. It was also very noticeable at this trial what a silence the people kept, and further (though this might not be otherwise than natural in that season of the year), what a darkness and obscurity there was in the court room, lights being brought in not long after two o'clock in the day, and yet no fog in the town.
* * * * *
It was not without interest that I heard lately from some young men who had been giving a concert in the village I speak of, that a very cold reception was accorded to the song which has been mentioned in this narrative: '_Madam, will you walk?_' It came out in some talk they had next morning with some of the local people that that song was regarded with an invincible repugnance; it was not so, they believed, at North Tawton, but here it was reckoned to be unlucky. However, why that view was taken no one had the shadow of an idea.
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