LORD CHIEF-JUSTICE--Now we have got him out, now we know which was Hicks, now go on.
On arriving at Mrs. Lisle"s, Hicks and Nelthorp entered first in the dark; Dunne did not see them again till they were taken. Dunne was received by a young girl he did not know. He had "a bit of cake and cheese from my own house, and that I eat": he did not see Mrs. Lisle.
So far, Jeffreys had been conducting an examination-in-chief, or what served the same purpose. Now the cross-examination begins--Dunne was forced to take the word of the first man who came to him that he would be paid. He was a baker, and would not bake on Sundays.
LORD CHIEF-JUSTICE--Alack-a-day! thou art precise in that, but thou canst travel on Sundays to lead rogues into lurking holes ... but I a.s.sure thee thy bread is very light weight, it will scarce pa.s.s the balance here.
He left his horse in the stable, the other two left theirs outside the gate. He knew there were fugitives about the country; he did not ask the little man with the black beard who Hicks was. Hicks told him he was in debt. Did not the man who first came tell him Hicks was in debt and wanted to be concealed? He did. How came Dunne to be so impudent then as to tell such a lie?
DUNNE--I beg your pardon, my Lord.
LORD CHIEF-JUSTICE--You beg my pardon! That is not because you told me a lye, but because I found you in a lye. Come Sirrah, tell me the truth.
Where did Dunne sleep? in a chamber to which the girl showed him, he saw no one else; he put up his horse himself and fed him on hay which was in the rack; the stable-door was latched; he pulled up the latch. He knew his way to the stable, because he had been there before--even though it was dark. Carpenter the bailiff gave his horse hay and brought a light to the stable after he had gone there. Besides Carpenter and the girl he saw no one. He did not drink in the house; he had last drunk at Barton.
LORD CHIEF-JUSTICE--Now prithee tell me truly, where came Carpenter unto you? I must know the truth of that; I would not terrify thee to make thee say anything but the truth, but a.s.sure thyself I never met with a lying, sneaking, canting fellow, but I always treasured up vengeance for him; and therefore look to it, that thou dost not prevaricate with me, for be sure thou wilt come by the worst of it in the end.
DUNNE--My Lord, I will tell the truth as near as I can.
Carpenter met him in the court when he was with Hicks and Nelthorp; no one else was there; Carpenter opened the stable-door.
LORD CHIEF-JUSTICE--Why thou vile wretch, didst thou not tell me just now that thou pluckedst up the latch? Dost thou take the G.o.d of Heaven not to be a G.o.d of truth, and that He is not a witness of all thou sayest? Dost thou think because thou prevaricatest with the court here thou canst do so with the G.o.d above who knows thy thoughts? And it is infinite mercy, that, for these falsehoods of thine, he does not immediately strike thee into h.e.l.l! Jesus G.o.d!... Did you not tell me that you opened the latch yourself and that you saw n.o.body else but a girl? How durst you offer to tell such horrid lies in the presence of G.o.d and of a court of Justice? Answer me one question more. Did he pull down the hay or you?
Dunne did not pull down any hay; Carpenter took him into the house and to his room; but no one asked him to eat or drink; he did not know what became of the others" horses.
JEFFREYS--Did you tell Carpenter that the horses were there?
DUNNE--I did not tell him any such thing.
LORD CHIEF-JUSTICE--Thou art a strange, prevaricating, shuffling, sniveling lying rascal.
_Barter_ was then called and sworn.
Having been duly threatened he deposed that Dunne came to his house on Sat.u.r.day; he guided Dunne to Moyles Court; Dunne gave Carpenter a letter. Carpenter would not meddle with it; Dunne went in to my lady. He went into the kitchen where my lady came in, and she asked if he could make bricks; she went up to Dunne "laughing with him and looked at me."
He asked Dunne what she laughed at. Dunne said she asked if he knew anything of "the concern," and he, Dunne, answered no, and that this was what she laughed at. He was thereupon disturbed, and consulted Colonel Penruddock. It was agreed between them that he should guide Dunne and his friends across Salisbury Plain and that the Colonel should intercept them there; this plan, however, failed, and he left them when they insisted on going "a private way over the fording bridge towards Moyles Court," sending word, however, to Colonel Penruddock that they were at the house.
Dunne told him that the men he was to guide had "half a score of thousands of pounds a year a piece." "He" (Dunne) "told me he had a very fine booty for his part, and that he should never want money again, that I should be very well paid, and he gave me half-a-crown."
Dunne is recalled, and denies that he gave Carpenter a letter or spoke to Barter of the wealth of the men he was to guide.
LORD CHIEF-JUSTICE--Then one thing more, Did you not tell him that you told my lady when she asked whether he was acquainted with this concern, that he knew nothing of the business?
DUNNE--My lord, I did tell him so.
LORD CHIEF-JUSTICE--Did you so? Then you and I must have a little further discourse: Come now and tell us what business was that? and tell it us so, that a man may understand and believe that thou dost speak truth.
DUNNE--Does your lordship ask what that business was?
LORD CHIEF-JUSTICE--Yes, it is a plain question; what was that business that my lady asked thee, whether the other man knew; and then you answered her, that he did know nothing of it? (Then he paused awhile.)
LORD CHIEF-JUSTICE--Remember, friend, thou art upon thy oath; and remember, withall that it is not thy life, but thy soul that is now in danger; therefore I require from thee a plain answer to a very plain question: what was that business my lady enquired after, whether the other fellow knew, and thou toldest her, he did not? [Dunne made no answer, but stood musing awhile.]
LORD CHIEF-JUSTICE--He is studying and musing how he shall prevaricate; but thou hadst better tell the truth, friend; remember what thou hast said already; thou hast said that thou didst tell that man, that the lady asked you, whether he knew anything of the business, and thou toldest her, he did not? Now I would know what that business was. [Still he made no answer, but seemed to muse.]
LORD CHIEF-JUSTICE--Look thee, if thou canst not comprehend what I mean, I will repeat it to thee again; for thou shalt see what countryman I am,[58] by my telling my story over twice; therefore I ask thee once again. Thou sayedst thy lady asked thee, whether he knew of the business: and thou toldest her he did not. Now let us know what that business was?
DUNNE--I cannot mind it, my lord, what it was.
LORD CHIEF-JUSTICE--But mind me, prithee: Thou didst tell that honest man there, that my lady Lisle asked thee, whether he knew anything of the business, and thou saidest no. What was that business?
DUNNE--That business that Barter did not know of?
LORD CHIEF-JUSTICE--Yes, that is the business; be ingenuous, tell the truth: Oh! how hard the truth is to come out of a lying Presbyterian knave. Prithee, friend, consider the oath that thou hast taken, and that thou art in the presence of a G.o.d that cannot endure a lie, nor whose holiness will not admit him to dispense with a lie; consider that that G.o.d is an infinite being of purity, holiness and truth; and it would be inconsistent with his being to dispense with the least untruth; and thou hast called him to witness, that thou wouldest testify the truth, the whole truth, and nothing but the truth. I charge thee, therefore, as thou wilt answer it to that G.o.d of truth, and that thou mayest be called to do, for aught I know, the very next minute, and there thou wilt not be able to palliate the truth; what was that business you and my lady spoke of?--[Then he paused for half a quarter of an hour, and at last said--]
DUNNE--I cannot give an account of it, my lord.
Jeffreys continued for a long time to use and repeat every possible kind of threat without being able to draw anything from Dunne; at last
LORD CHIEF-JUSTICE--Why, prithee, dost thou think thou dost thy lady a kindness by this way of proceeding? Sure thou canst not think so; for such a sort of carriage were enough to convict her, if there were nothing else.
DUNNE--Truly, my lord, I do think not to do her any kindness at all.
LORD CHIEF-JUSTICE--Then prithee, let me persuade thee to have some kindness for thyself; look to thy own soul that is in great peril of everlasting ruin and destruction by these means; dost thou call this religion? It is a prodigious piece of religion!
Come pray tell me what business it was that you talked of? You should not have asked me a question so often, but I would have given you a plain answer, though I were under the obligation of an oath as you are.
DUNNE--My lord, pray ask the question again once more and I will tell you.
LORD CHIEF-JUSTICE--I will so, and I will ask it you with all the calmness, and seriousness, and candour, that I can; if I know my own heart, it is not in my nature to desire the hurt of anybody, much less to delight in their eternal perdition; no, it is out of tender compa.s.sion to you, that I use all these words: I would have thee to have some regard to thy precious and immortal soul, which is more valuable than the whole world; reflect upon that scripture again which I mentioned before, which must be true because it is the words of him that is truth itself: what shall it profit a man to gain the whole world, and lose his own soul? or what shall a man give in exchange for his soul? If that soul of thine be taken away, what is the body fit for, but, like a putrid carcase, to be thrust into and covered with the dust with which it was made: therefore I ask you, with a great desire that thou mayest free thyself from so great a load of falshood and perjury, tell me what the business was you told the prisoner the other man Barter did not know.
DUNNE--My lord, I told her, he knew nothing of our coming there.
LORD CHIEF-JUSTICE--Nay, nay, that can never be it, for he came along with thee.
DUNNE--He did not know anything of my coming there till I met him on the way.
LORD CHIEF-JUSTICE--Prithee, mind my question; sure enough thou hadst told him whither thou wert going, or else he could not have been thy guide; so he must needs know of thy coming there: but what was the business thou told"st her, he did not know?
DUNNE--She asked me whether I did not know that Hicks was a Nonconformist?
LORD CHIEF-JUSTICE--Did my lady Lisle ask you that question?
DUNNE--Yes, my lord, I told her I did not.
LORD CHIEF-JUSTICE--But that is not my question; what was that business that he did not know?
DUNNE--It was the same thing; whether Mr. Hicks was a nonconformist.
LORD CHIEF-JUSTICE--That cannot be all; there must be something more in it.