The Atlantic Monthly, Volume 18, No. 107, September, 1866

She waited and waited, until she became impatient to face her danger.

But there were two petty larcenies on before her. She had to wait.

At last, about noon, came a message to say that the grand jury had found a true bill against her.

"Then may God forgive them!" said she.

Soon afterwards she was informed her time drew very near.

She made her toilet carefully, and passed with her attendant into a small room under the court.

Here she had to endure another chilling wait, and in a sombre room.

Presently she heard a voice above her cry out, "The King versus Catharine Gaunt."

Then she was beckoned to.

She mounted some steps, badly lighted, and found herself in the glare of day, and greedy eyes, in the felon's dock.

In a matter entirely strange, we seldom know beforehand what we can do, and how we shall carry ourselves. Mrs. Gaunt no sooner set her foot in that dock, and saw the awful front of Justice face to face, than her tremors abated, and all her powers awoke, and she thrilled with love of life, and bristled with all those fine arts of defence that Nature lends to superior women.

She entered on that defence before she spoke a word; for she attacked the prejudices of the court, by deportment.

She courtesied reverently to the Judge, and contrived to make her reverence seem a willing homage, unmixed with fear.

She cast her eyes round and saw the court thronged with ladies and gentlemen she knew. In a moment she read in their eyes that only two or three were on her side. She bowed to those only; and they returned her courtesy. This gave an impression (a false one) that the gentry sympathized with her.

After a little murmur of functionaries, the Clerk of Arraigns turned to the prisoner, and said, in a loud voice, "Catharine Gaunt, hold up thy hand."

She held up her hand, and he recited the indictment, which charged that, not having the fear of God before her eyes, but being moved by the instigation of the Devil, she had on the fifteenth of October, in the tenth year of the reign of his present Majesty, aided and abetted one Thomas Leicester in an assault upon one Griffith Gaunt, Esq., and him, the said Griffith Gaunt, did with force and arms assassinate and do to death, against the peace of our said Lord the King, his crown and dignity.

After reading the indictment, the Clerk of Arraigns turned to the prisoner: "How sayest thou, Catharine Gaunt; art thou guilty of the felony and murder whereof thou standest indicted,—or not guilty?"

"I am not guilty."

"Culprit, how wilt thou be tried?"

"Culprit I am none, but only accused. I will be tried by God and my country."

"God send thee a good deliverance."

Mr. Whitworth, the junior counsel for the crown, then rose to open the case; but the prisoner, with a pale face, but most courteous demeanor, begged his leave to make a previous motion to the court. Mr. Whitworth bowed, and sat down. "My Lord," said she, "I have first a favor to ask; and that favor, methinks, you will grant, since it is but justice, impartial justice. My accuser, I hear, has two counsel; both learned and able. I am but a woman, and no match for their skill Therefore I beg your Lordship to allow me counsel on my defence, to matter of fact as well as of law. I know this is not usual; but it is just, and I am informed it has sometimes been granted in trials of life and death, and that your Lordship hath the power, if you have the will, to do me so much justice."

The Judge looked towards Mr. Serjeant Wiltshire, who was the leader on the other side. He rose instantly and replied to this purpose: "The prisoner is misinformed. The truth is, that from time immemorial, and down to the other day, a person indicted for a capital offence was never allowed counsel at all, except to matters of law, and these must be started by himself. By recent practice the rule hath been so far relaxed that counsel have sometimes been permitted to examine and cross-examine witnesses for a prisoner; but never to make observations on the evidence, nor to draw inferences from it to the point in issue."

Mrs. Gaunt. So, then, if I be sued for a small sum of money, I may have skilled orators to defend me against their like. But if I be sued for my life and honor, I may not oppose skill to skill, but must stand here a child against you that are masters. 'Tis a monstrous iniquity, and you yourself, sir, will not deny it.

Serjeant Wiltshire. Madam, permit me. Whether it be a hardship to deny full counsel to prisoners in criminal cases, I shall not pretend to say; but if it be, 'tis a hardship of the law's making, and not of mine nor of my lord's; and none have suffered by it (at least in our day) but those who had broken the law.

The Serjeant then stopped a minute, and whispered with his junior. After which he turned to the Judge. "My Lord, we that are of counsel for the crown desire to do nothing that is hard where a person's life is at stake. We yield to the prisoner any indulgence for which your Lordship can find a precedent in your reading; but no more: and so we leave the matter to you."

The Clerk of Arraigns. Crier, proclaim silence.

The Crier. Oyez! Oyez! Oyez! His Majesty's Justices do strictly charge all manner of persons to keep silence, on pain of imprisonment.

The Judge. Prisoner, what my Brother Wiltshire says, the law is clear in. There is no precedent for what you ask, and the contrary practice stares us in the face for centuries. What seems to you a partial practice, and, to be frank, some learned persons are of your mind, must be set against this,—that in capital cases the burden of proof lies on the crown, and not on the accused. Also it is my duty to give you all the assistance I can, and that I shall do. Thus then it is: you can be allowed counsel to examine your own witnesses, and cross-examine the witnesses for the crown, and speak to points of law, to be started by yourself,—but no further.

He then asked her what gentleman there present he should assign to her for counsel.

Her reply to this inquiry took the whole court by surprise, and made her solicitor, Houseman, very miserable. "None, my Lord," said she. "Half-justice is injustice; and I will lend it no color. I will not set able men to fight for me with their hands tied, against men as able whose hands be free. Counsel, on terms so partial, I will have none. My counsel shall be three, and no more,—Yourself, my Lord, my Innocence, and the Lord God Omniscient."

These words, grandly uttered, caused a dead silence in the court, but only for a few moments. It was broken by the loud mechanical voice of the crier, who proclaimed silence, and then called the names of the jury that were to try this cause.

Mrs. Gaunt listened keenly to the names,—familiar and bourgeois names, that now seemed regal; for they who owned them held her life in their hands.

Each juryman was sworn in the grand old form, now slightly curtailed.

"Joseph King, look upon the prisoner.—You shall well and truly try, and true deliverance make, between our Sovereign Lord the King and the prisoner at the bar, whom you shall have in charge, and a true verdict give, according to the evidence. So help you God."

Mr. Whitworth, for the crown, then opened the case, but did little more than translate the indictment into more rational language.

He sat down, and Serjeant Wiltshire addressed the court somewhat after this fashion:—

"May it please your Lordship, and you, gentlemen of the jury, this is a case of great expectation and importance. The prisoner at the bar, a gentlewoman by birth and education, and, as you must have already perceived, by breeding also, stands indicted for no less a crime than murder.

"I need not paint to you the heinousness of this crime: you have but to consult your own breasts. Who ever saw the ghastly corpse of the victim weltering in its blood, and did not feel his own blood run cold through his veins? Has the murderer fled? With what eagerness do we pursue! with what zeal apprehend! with what joy do we bring him to justice! Even the dreadful sentence of death does not shock us, when pronounced upon him. We hear it with solemn satisfaction; and acknowledge the justice of the Divine sentence, 'Whoso sheddeth man's blood, by man shall his blood be shed.'

"But if this be the case in every common murder, what shall be thought of her who has murdered her husband,—the man in whose arms she has lain, and whom she has sworn at God's altar to love and cherish? Such a murderer is a robber as well as an assassin; for she robs her own children of their father, that tender parent, who can never be replaced in this world.

"Gentlemen, it will, I fear, be proved that the prisoner at the bar hath been guilty of murder in this high degree; and, though I will endeavor rather to extenuate than to aggravate, yet I trust [sic] I have such a history to open as will shock the ears of all who hear me.

"Mr. Griffith Gaunt, the unfortunate deceased, was a man of descent and worship. As to his character, it was inoffensive. He was known as a worthy, kindly gentleman, deeply attached to her who now stands accused of his murder. They lived happily together for some years; but, unfortunately, there was a thorn in the rose of their wedded life: he was of the Church of England; she was, and is, a Roman Catholic. This led to disputes; and no wonder, since this same unhappy difference hath more than once embroiled a nation, let alone a single family.

"Well, gentlemen, about a year ago there was a more violent quarrel than usual between the deceased and the prisoner at the bar; and the deceased left his home for several months.

"He returned upon a certain day in this year, and a reconciliation, real or apparent, took place. He left home again soon afterwards, but only for a short period. On the 15th of last October he suddenly returned for good, as he intended; and here begins the tragedy, to which what I have hitherto related was but the prologue.

"Scarce an hour before he came, one Thomas Leicester entered the house. Now this Thomas Leicester was a creature of the prisoner's. He had been her gamekeeper, and was now a pedler. It was the prisoner who set him up as a pedler, and purchased the wares to start him in his trade.

"Gentlemen, this pedler, as I shall prove, was concealed in the house when the deceased arrived. One Caroline Ryder, who is the prisoner's gentlewoman, was the person who first informed her of Leicester's arrival, and it seems she was much moved: Mrs. Ryder will tell you she fell into hysterics. But, soon after, her husband's arrival was announced, and then the passion was of a very different kind. So violent was her rage against this unhappy man that, for once, she forgot all prudence, and threatened his life before a witness. Yes, gentlemen, we shall prove that this gentlewoman, who in appearance and manners might grace a court, was so transported out of her usual self that she held up a knife,—a knife, gentlemen,—and vowed to put it into her husband's heart. And this was no mere temporary ebullition of wrath. We shall see presently that, long after she had had time to cool, she repeated this menace to the unfortunate man's face. The first threat, however, was uttered in her own bedroom, before her confidential servant, Caroline Ryder aforesaid. But now the scene shifts. She has, to all appearance, recovered herself, and sits smiling at the head of her table; for, you must know, she entertained company that night,—persons of the highest standing in the county.

"Presently her husband, all unconscious of the terrible sentiments she entertained towards him, and the fearful purpose she had announced, enters the room, makes obeisance to his guests, and goes to take his wife's hand.

"What does she? She draws back with so strange a look, and such forbidding words, that the company were disconcerted. Consternation fell on all present; and erelong they made their excuses, and left the house. Thus the prisoner was left alone with her husband; but, meantime, curiosity had been excited by her strange conduct, and some of the servants, with foreboding hearts, listened at the door of the dining-room. What did they hear, gentlemen? A furious quarrel, in which, however, the deceased was comparatively passive, and the prisoner again threatened his life, with vehemence. Her passion, it is clear, had not cooled.

"Now it may fairly be alleged, on behalf of the prisoner, that the witnesses for the crown were on one side of the door, the prisoner and the deceased on the other, and that such evidence should be received with caution. I grant this—where it is not sustained by other circumstances, or by direct proofs. Let us then give the prisoner the benefit of this doubt, and let us inquire how the deceased himself understood her,—he, who not only heard the words, and the accents, but saw the looks, whatever they were, that accompanied them.

"Gentlemen, he was a man of known courage and resolution; yet he was found, after this terrible interview, much cowed and dejected. He spoke to Mrs. Ryder of his death as an event not far distant, and so went to his bedroom in a melancholy and foreboding state. And where was that bedroom? He was thrust, by his wife's orders, into a small chamber, and not allowed to enter hers,—he, the master of the house, her husband, and her lord.

"But his interpretation of the prisoner's words did not end there. He left us a further comment by his actions next ensuing. He dared not—(I beg pardon, this is my inference: receive it as such)—he did not, remain in that house a single night. He at all events bolted his chamber door inside; and in the very dead of night, notwithstanding the fatigues of the day's journey, (for he had ridden some distance,) he let himself out by the window, and reached the ground safely, though it was a height of fourteen feet,—a leap, gentlemen, that few of us would venture to take. But what will not men risk when destruction is at their heels? He did not wait even to saddle his horse, but fled on foot. Unhappy man, he fled from danger, and met his death.

"From the hour when he went up to bed, none of the inmates of the house ever saw Griffith Gaunt alive; but one Thomas Hayes, a laborer, saw him walking in a certain direction at one o'clock that morning; and behind him, gentlemen, there walked another man.

"Who was that other man?

"When I have told you (and this is an essential feature of the case) how the prisoner was employed during the time that her husband lay quaking in his little room, waiting an opportunity to escape,—when I have told you this, I fear you will divine who it was that followed the deceased, and for what purpose.

"Gentlemen, when the prisoner had threatened her husband in person, as I have described, she retired to her own room, but not to sleep. She ordered her maid, Mrs. Ryder, to bring Thomas Leicester to her chamber. Yes, gentlemen, she received this pedler, at midnight, in her bedchamber.

"Now, an act so strange as this admits, I think, but of two interpretations. Either she had a guilty amour with this fellow, or she had some extraordinary need of his services. Her whole character, by consent of the witnesses, renders it very improbable that she would descend to a low amour. Moreover, she acted too publicly in the matter. The man, as we know, was her tool, her creature: she had bought his wares for him, and set him up as a pedler. She openly summoned him to her presence, and kept him there about half an hour.

"He went from her, and very soon after is seen, by Thomas Hayes, following Griffith Gaunt, at one o'clock in the morning,—that Griffith Gaunt who after that hour was never seen alive.

"Gentlemen, up to this point, the evidence is clear, connected, and cogent; but it rarely happens in cases of murder that any human eye sees the very blow struck. The penalty is too severe for such an act to be done in the presence of an eyewitness; and not one murderer in ten could be convicted without the help of circumstantial evidence.

"The next link, however, is taken up by an ear-witness; and, in some cases, the ear is even better evidence than the eye,—for instance, as to the discharge of firearms,—for, by the eye alone, we could not positively tell whether a pistol had gone off or had but flashed in the pan. Well, then, gentlemen, a few minutes after Mr. Gaunt was last seen alive,—which was by Thomas Hayes,—Mrs. Ryder, who had retired to her bedroom, heard the said Gaunt distinctly cry for help; she also heard a pistol-shot discharged. This took place by the side of a lake or large pond near the house, called the mere. Mrs. Ryder alarmed the house, and she and the other servants proceeded to her master's room. They found it bolted from the inside. They broke it open. Mr. Gaunt had escaped by the window, as I have already told you.

"Presently in comes the prisoner from out of doors. This was at one o'clock in the morning. Now she appears to have seen at once that she must explain her being abroad at that time, so she told Mrs. Ryder she had been out—praying."

(Here some people laughed harshly, but were threatened severely, and silenced.)

"Is that credible? Do people go out of doors at one o'clock in the morning, to pray? Nay, but I fear it was to do an act that years of prayer and penitence cannot efface.

"From that moment Mr. Gaunt was seen no more among living men. And what made his disappearance the more mysterious was that he had actually at this time just inherited largely from his namesake, Mr. Gaunt of Biggleswade; and his own interest, and that of the other legatees, required his immediate presence. Mr. Atkins, the testator's solicitor, advertised for this unfortunate gentleman; but he did not appear to claim his fortune. Then plain men began to put this and that together, and cried out, 'Foul play!'

"Justice was set in motion at last, but was embarrassed by the circumstance that the body of the deceased could not be found.

"At last, Mr. Atkins, the solicitor, being unable to get the estate I have mentioned administered, for want of proof of Griffith Gaunt's decease, entered heartily in this affair, on mere civil grounds. He asked the prisoner, before several witnesses, if she would permit him to drag that piece of water by the side of which Mr. Gaunt was heard to cry for help and, after that seen no more.

"The prisoner did not reply, but Mr. Houseman, her solicitor, a very worthy man, who has, I believe, or had, up to that moment, a sincere conviction of her innocence, answered for her, and told Mr. Atkins he was welcome to drag it or drain it. Then the prisoner said nothing. She fainted away.

"After this, you may imagine with what expectation the water was dragged. Gentlemen, after hours of fruitless labor, a body was found.

"But here an unforeseen circumstance befriended the prisoner. It seems that piece of water swarms with enormous pike and other ravenous fish. These had so horribly mutilated the deceased, that neither form nor feature remained to swear by; and, as the law wisely and humanely demands that in these cases a body shall be identified beyond doubt, justice bade fair to be baffled again. But lo! as often happens in cases of murder, Providence interposed and pointed with unerring finger to a slight, but infallible mark. The deceased gentleman was known to have a large mole over his left temple. It had been noticed by his servants and his neighbors. Well, gentlemen, the greedy fish had spared this mole,—spared it, perhaps, by His command, who bade the whale swallow Jonah, yet not destroy him. There it was, clear and infallible. It was examined by several witnesses, it was recognized. It completed that chain of evidence, some of it direct, some of it circumstantial, which I have laid before you very briefly, and every part of which I shall now support by credible witnesses."

He called thirteen witnesses, including Mr. Atkins, Thomas Hayes, Jane Banister, Caroline Ryder, and others; and their evidence in chief bore out every positive statement the counsel had made.

In cross-examining these witnesses, Mrs. Gaunt took a line that agreeably surprised the court. It was not for nothing she had studied a hundred trials, with a woman's observation and patient docility. She had found out how badly people plead their own causes, and had noticed the reasons: one of which is that they say too much, and stray from the point. The line she took, with one exception, was keen brevity.

She cross-examined Thomas Hayes as follows.

THE CHIMNEY-CORNER FOR 1866

IX.

HOW SHALL WE BE AMUSED?

"One, two, three, four,—this makes the fifth accident on the Fourth of July, in the two papers I have just read," said Jenny.

"A very moderate allowance," said Theophilus Thoro, "if you consider the Fourth as a great national saturnalia, in which every boy in the land has the privilege of doing whatever is right in his own eyes."

"The poor boys!" said Mrs. Crowfield. "All the troubles of the world are laid at their door."

"Well," said Jenny, "they did burn the city of Portland, it appears. The fire arose from fire-crackers, thrown by boys among the shavings of a carpenter's shop,—so says the paper."

"And," said Rudolph, "we surgeons expect a harvest of business from the Fourth, as surely as from a battle. Certain to be woundings, fractures, possibly amputations, following the proceedings of our glorious festival."

"Why cannot we Americans learn to amuse ourselves peaceably, like other nations?" said Bob Stephens. "In France and Italy, the greatest national festivals pass off without fatal accident, or danger to any one. The fact is, in our country we have not learned how to be amused. Amusement has been made of so small account in our philosophy of life, that we are raw and unpractised in being amused. Our diversions, compared with those of the politer nations of Europe, are coarse and savage,—and consist mainly in making disagreeable noises and disturbing the peace of the community by rude uproar. The only idea an American boy associates with the Fourth of July is that of gunpowder in some form, and a wild liberty to fire off pistols in all miscellaneous directions, and to throw fire-crackers under the heels of horses, and into crowds of women and children, for the fun of seeing the stir and commotion thus produced. Now take a young Parisian boy and give him a fête, and he conducts himself with greater gentleness and good breeding, because he is part of a community in which the art of amusement has been refined and perfected, so that he has a thousand resources beyond the very obvious one of making a great banging and disturbance.

"Yes," continued Bob Stephens, "the fact is, that our grim old Puritan fathers set their feet down resolutely on all forms of amusement; they would have stopped the lambs from wagging their tails, and shot the birds for singing, if they could have had their way; and in consequence of it, what a barren, cold, flowerless life is our New England existence! Life is all, as Mantalini said, one 'demd horrid grind.' 'Nothing here but working and going to church,' said the German emigrants,—and they were about right. A French traveller, in the year 1837, says that attending the Thursday-evening lectures and church prayer-meetings was the only recreation of the young people of Boston; and we can remember the time when this really was no exaggeration. Think of that, with all the seriousness of our Boston east winds to give it force, and fancy the provision for amusement in our society! The consequence is, that boys who have the longing for amusement strongest within them, and plenty of combativeness to back it, are the standing terror of good society, and our Fourth of July is a day of fear to all invalids and persons of delicate nervous organization, and of real, appreciable danger of life and limb to every one."

"Well, Robert," said my wife, "though I agree with you as to the actual state of society in this respect, I must enter my protest against your slur on the memory of our Pilgrim fathers."

"Yes," said Theophilus Thoro, "the New-Englanders are the only people, I believe, who take delight in vilifying their ancestry. Every young hopeful in our day makes a target of his grandfather's gravestone, and fires away, with great self-applause. People in general seem to like to show that they are well-born, and come of good stock; but the young New-Englanders, many of them, appear to take pleasure in insisting that they came of a race of narrow-minded, persecuting bigots.