Part 23 (2/2)

Hawkins asked if the Witness were not describing himself and half the Town with it, which drew much Laughter from the lower sorts in the Gallery. The Court called for Order.

Felblade, ask'd if he agreed with his Neighbour's testimony, said that in his Opinion all men were capable of Murder and Mr Hawkins no more than most.

Mrs Jenkins testify'd that after the Murder the Prisoner had impos'd himself upon the Family, Interrogating them in a Cold and Arrogant fas.h.i.+on. The Prisoner also insisted upon searching the House in a most Unseemly manner, causing great Distress to the poor Children of the Deceas'd. The King's Council asked, Did the Prisoner Discover anything of Note to aid his Investigation?

Mrs Jenkins. He did not, Sir. And I hope he is Asham'd of his Wickedness.

The next Witness called was Mr Gonson, Magistrate for the Borough of Westminster and member of the Society for the Reformation of Manners. He testify'd in clear and well-doc.u.mented terms how he had come to suspect the Prisoner and had indeed Detain'd him and question'd him closely upon the Matter.

Hawkins interjected, asking the Witness if he had not arrested him without just cause and subsequently order'd him chained to a wall and left for many Hours without food or water. The Witness replied that this was Regrettable but that the Prisoner had resisted his Arrest.

Hawkins. And for that I should be tortur'd and left to die of Thirst? To which the Witness acknowledg'd that he should have provided Water, but that the Circ.u.mstances had been of such an Extraordinary Nature he hoped the Court would forgive this brief lapse in Duty.

Hawkins. Pray tell me, Sir, upon G.o.d's oath, is the Evidence for this Case enough to Judge me?

Gonson. I believe that you are Guilty, sir.

Hawkins. It is not a question of Belief, sir. Is the Evidence sound?

After a long pause, the Witness answer'd that in his View, it could not perhaps be termed sound in its entirety. He added that the Prisoner had the Cunning and the Ability to make himself appear Innocent, when the World knew he was Guilty. He Describ'd to the Court how the Prisoner had defy'd the Law, escaping his just Imprisonment by calling upon powerful Friends.

Hawkins. If I have such Friends, why do I stand here Today?

Gonson. Perhaps they have Forsaken you, sir.

The Witness added that the Prisoner had been given Opportunity and Good Fortune and chosen to Squander these gifts. That he was a Man of diverse good parts and that his Disgrace was all the more Shocking for it. He suggest'd that the Prisoner was a stern Lesson for all young Men attract'd to a life of Dissipation and Sin. He counsell'd Hawkins to look upon this Trial as preparation for the Greater Trial he must face in the next life, or else risk d.a.m.nation. He urged the Prisoner to Confess and Repent and throw himself upon G.o.d's infinite Mercy.

The Prisoner stated once more that he was Innocent, and that it was not his Soul nor his Nature that was on trial. That he must be Judged upon the Evidence alone and that, as a man of the Law, the Witness had himself agreed there was no Case to Answer.

Gonson observed that the Prisoner shewed more Industry and Wit in Court than he had in life, and lamented a Life wasted in Gambling, Drinking and Carnal Pleasure.

The Prisoner reply'd with a pert Remark, which the Court struck from the Records.

The Council for the King then called Alice Dunn, a maid in the house of the Deceas'd at the time of the Murder. She confirmed that Judith Burden discovered the Body, but seemed most Agitated and Reluctant to answer the Questions put to her by the King's Council, which led to a severe Reprimand from the Court. Thus Chasten'd she confessed that the Prisoner knew of the Pa.s.sage between the houses.

King's Council. Is it true you have since left the Household to act as servant for the Prisoner at the Bar?

Alice Dunn. Sir, I was hired by Mistress Sparks, who has treated me with great Kindness.

King's Council. Is it not the Case that you Seduc'd your old Master? Was not that the reason Miss Burden ask'd you to leave the household?

Alice Dunn. Sir, my Reputation- King's Council. -The Witness will answer the Question.

The Prisoner at the Bar interjected, asking what Relevance this was, and that the Witness was not on Trial. He appealed to the Court that he had no wish for a Respectable young woman to be abus'd on his Account. After some Deliberation the Court order'd Alice Dunn to step down and the King's Council called its final Witness, Catherine Sparks.

Being ask'd how she came to know the Prisoner, the Witness reply'd, We met in the Marshalsea gaol.

King's Council. And you now live under the same Roof, at great Risk to your Reputation?

The Witness reply'd that it was her own house and that she might invite whoever she pleased to live in it with her.

King's Council. Do you share your Bed with the Prisoner at the Bar?

Cath. Sparks. That is no Business of yours, sir.

King's Council. It is well known about the Neighbourhood that you are a Notorious wh.o.r.e.

Cath. Sparks. If it is well known, why do you ask?

King's Council. The Witness will- Cath. Sparks. -It is well known that the King's Council visits the [comment struck from the Record] three times a Week and likes to [comment struck from the Record] while being [comment struck from the Record].

The Court called for Order.

The King's Council moved that the Witness Catherine Sparks be arrested following the Trial and Whipped for her Insolence.

The Witness observed that the King's Council was most Preoccupied with Flogging and [comment struck from the Record].

The Court ask'd the Witness if she were a Relative of Nathaniel Sparks, the celebrated Physician.

Cath. Sparks. He was my Father, sir.

The Court noted that he was a man of Honour and that it was a great Calamity to see his Daughter in such a Grave and Lamentable situation.

The Witness thanked the Court but declar'd that she was quite Content with her Life, save for her current Woes. She spoke at length of the Prisoner's Kind and Gentle acts towards her and diverse Others and swore that he was Innocent. She insist'd that the Prisoner was not capable of such a b.l.o.o.d.y deed and that on the Night of the Murder he was in her Company at all times and Cou'd not have Done it.

The Prisoner interjected, reminding the Witness that she was speaking upon Oath and must not Perjure herself on his Behalf.

The Witness answer'd with great Vehemence that she was right Glad that the Prisoner troubled himself to Speak to her and was it not a Shame that he had not reply'd to her letters, and had refus'd to Meet with her despite her Many and Various requests to do so, giving no Consideration to her own Feelings upon the Matter, and moreover was it not a Folly that it took a Trial at the Old Bailey before he would speak two words to her and only then to Accuse her of Lying and so make further Trouble for them Both, and that she call'd upon the whole Court to Witness that the Prisoner had thus shew'd himself to be a Witless Fool and had indeed no Capacity for Murder not only because he had, she must concede, a Good Heart, but also a Muddled Head, to a Degree that was Vexing beyond all Measure, and it was truly a wonder he had surviv'd this long, and a marvel indeed that she yet cared a great deal for him G.o.d help her and begged that the Jury would Judge the case by its facts and not by the Prisoner's Behaviour, which was Perplexing and Infuriating in equal Parts. And she ask'd the said Prisoner if he had turn'd mad, and should be locked in Bedlam instead of Newgate, and did he not see that her Heart was Broken? At which point she Wept most Piteously, and the Prisoner seem'd much affected, though he did not Reply.

The King's Council, who had failed to Interrupt this testimony at Several Junctures, took this opportunity to dismiss the Witness, who was led away by Alice Dunn.

The Court observ'd that it was a great Pity to see such a spirited young woman ruined by a Black-Hearted villain, and that here was Instruction for any foolish Strumpet who had fallen into evil company. The Court then spoke thus: Prisoner, you hear the Charge and Evidence against you; now you stand up on your Defence.

Prisoner. My Lord: notwithstanding what has been sworn against me, I am Innocent. I confess I did threaten the deceas'd but this was done in a moment of ill humour and under much provocation and also Liquor. The deceas'd had spread Vile lies about the Town and had threaten'd to Destroy me. I am Guilty of speaking Violence, my Lord, but not of committing it. Indeed I have an abhorrence of Violence. I could no more stab a man than plunge the Blade into my own Heart.

My Lord, the King's Council has offer'd no proof that I committed the Act, only Rumour and Conjecture. I swear upon my Soul that I am Not Guilty and beg that the Jury considers the Facts and does not Judge me upon my Character, for I own that I have not always Behav'd with Good Judgement, and should I be spared will Strive to be a better Man, G.o.d help me.

The Court asked if the Prisoner still believed the Murder was committed by one of the children of the Deceas'd, or by Ned Weaver, his Apprentice?

The Prisoner reply'd that he did not. He acknowledg'd that in his Desire to prove his Innocence he had caused Distress, and express'd his Apologies to the family. He added that it was his belief that a House breaker had stolen in and disturb'd the Victim, and so murder'd him in cold blood.

Council for the King. And how does the Prisoner account for the Doors and Windows being barred and lock'd?

Hawkins. I cannot account for it, sir. I am at a loss. But I swear I am Innocent.

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