Jane Austen, Her Life and Letters by Richard Arthur Austen-Leigh (best affordable ebook reader .txt) π
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On the same day, Mrs. Gregory and Filby went to the town hall to lay information before the magistrates; but found them so busily engaged in dealing with the excesses of the soldiers who were at that time passing through Bath, that the information could not be taken before August 14. Meanwhile, the piece of white lace was lodgedβat any rate, for the night of August 8βat the house of a certain printer named Gye.
The result of the magistrates' inquiry may be discovered in The Times of August 20, where we read:β
The Lady of a Gentleman of Bath, possessed of a good fortune, and respected by a numerous circle of acquaintance, was committed on Thursday by G. Chapman, Esq., the Mayor, to the County Gaol at Ilchester, on a charge of privately stealing a card of lace from a haberdasher's shop.
As Mrs. Perrot did not come up for trial until the end of the following March, she had to undergo a long and trying confinement. It appears that she was not lodged actually in the gaol, but in some neighbouring house, kept by a man of the name of Scadding.
The charge was a monstrous one; the accused had ample means to indulge every wish, and nothing short of lunacy (of which she never showed the slightest sign) could have induced her to commit so petty a theft. Her high character and the absence of motive combined to render it incredible, and, had she been capable of such a deed, she would not have courted detection by walking quietly past the shop, a quarter of an hour later, with the parcel in her hand. There were also strong reasons for thinking that the accusation was the result of a deep-laid plot. Gye, the printer, who lived in the market-place, was believed to be the chief instigator. His character was indifferent, and he had money invested in Gregory's shop; and the business was in so bad a way that there was a temptation to seek for some large haul by way of blackmail. Mrs. Leigh Perrot was selected as the victim, people thought, because her husband was so extremely devoted to her that he would be sure to do anything to save her from the least vexation. If so, the conspirators were mistaken in their man. Mr. Perrot resolved to see the matter through, and, taking no notice of the many suggestions as to hush-money that were apparently circulated, engaged the best counsel possible, secured his most influential acquaintance as witnesses to his wife's character, and spent the terrible intervening period in confinement with her at Ilchester. He was well aware that the criminal law of England, as it then existed, made the lot of untried prisoners as hard, and the difficulty of proving their innocence as great, as possible; he knew also that in the seething disquiet of men's minds, brought about by the French Revolution, it was quite possible they might encounter a jury anxious to cast discredit on the well-to-do classes. He was therefore prepared for a failure of justice; and, we are told, had arranged that in case of an adverse verdict, followed by transportation, he would sell his property and accompany his wife across the seas.
Among the warmest supporters of the Leigh Perrots was Mr. Morrisβa lawyer of eminence, well used to dealing with evidence, but now living as an invalid at Bath. He was a total stranger to the accused, but maintained most energetically that, apart from her well-known character, the nature of the evidence adduced against her would have been sufficient to prove her innocence.
The amazement and indignation of the Steventon party may be imagined. They were too sensible to believe that so mean and objectless a crime should really have been committed by a respectable womanβa near relation of their own, whom they knew intimately; but it was not easy to determine how to show their sympathy. Mr. and Mrs. Austen seem at last to have come (no doubt with their daughters' good-will) to the momentous decision mentioned in the following letter, which was addressed to Mrs. Leigh Perrot on January 11, 1800, by her cousin, Montague Cholmeley.[103]
You tell me that your good sister Austen has offered you one or both of her daughters to continue with you during your stay in that vile place, but you decline the kind offer, as you cannot procure them accommodation in the house with you, and you cannot let those elegant young women be your inmates in a prison, nor be subjected to the inconveniences which you are obliged to put up with.
So Cassandra and Jane just escaped a residence in gaol and contact with criminals.
Another letter written about this time must have given much pleasure to the Leigh Perrots:β
Honored Sir,βYou may have forgot your old postillon Ben Dunford but I shall never forget yours and my mistresses great goodness to me when I was taken with the small pox in your sarvice. You sent me very careful to mothers, and paid a nurse and my doctor, and my board for a long time as I was bad, and when I was too bad with biles all over my head so as I could not go to sarvice for a many weeks you maintained me. the famaly as I lives with be a going thro' Bath into Devonshire and we stops two days at the Inn and there I heard of the bad trick as those bad shopkeepers has sarved my mistress and I took the libarty of going to your house to enquire how you both do and the housekeeper said she sent a pasel to you every week and if I had anything to say she could send a letter. I hope Honored Sir you will forgive my taking such a libarty to write but I wish anybody could tell me how to do you and mistress any good. I would travel night and day to serve you both. I be at all times with my humble duty to mistress and you Honored Sir your dutifull sarvant
James Leigh Perrot Esq.
The trial took place at Taunton on Saturday, March 29. The old Castle Hallβwhere Judge Jeffreys once sat on his 'Bloody Assizes'βsaid to be capable of containing 2000 persons, was filled at an early hour. So urgent was the curiosity, even of the Bar, that the 'Nisi Prius' Court, which stood at the opposite end of the hall, was not opened for business that morningβall the counsel on the circuit surrounding the table of the Crown Bar; while the rest of the hall was thronged with anxious spectators, many hundreds of whom could not possibly have heard a word that was said, and were almost crushed to death and suffocated with heat. Between seven and eight o'clock, Mrs. Leigh Perrot, who had been conveyed from Ilchester, appeared in the dock, attended by Mr. Leigh Perrot and three ladies, and the proceedings commenced.
After the evidence for the prosecution was closed, the prisoner was invited by the judge to make her defence.
She attempted to address the Court; but, after speaking a few sentences, became so much agitated that her voice failed her; whereupon Mr. Jekyll, one of her counsel, was requested to repeat to the Court what she wished to address to them. She then dictated as follows:β
My Lord and Gentlemen of the Jury,β
I am informed by my counsel, that they cannot be permitted to offer any observations to you on my case.[104] The circumstances of it do not render it necessary to detain you long. I shall therefore take this opportunity of troubling you with a few words.
Placed in a situation the most eligible that any woman could desire, with supplies so ample that I was left rich after every wish was gratified; blessed in the affections of the most generous man as a husband, what could induce me to commit such a crime? Depraved indeed must that mind be that under such circumstances could be so culpable.
You will hear from my noble and truly respectable friends what has been my conduct and character for a long series of years; you will hear what has been, and what is now, their opinion of me. Can you suppose that disposition so totally altered, as to lose all recollection of the situation I held in societyβto hazard for this meanness my character and reputation, or to endanger the health and peace of mind of a husband whom I would die for?
Here her voice faltered; she seemed to be on the point of fainting, and Mr. Leigh Perrot, who had sustained all this trying scene with wonderful resolution, put his handkerchief to his face and wept in agony; many persons in Court, even amongst the counsel, participating in his emotion.
The prisoner continued:β
You have heard their evidence against me. I shall make no comment upon itβI shall leave that task where I am certain it will be executed with justice and mercy. I know my own oath in this case is inadmissible, but I call upon that God whom we all adore to attest that I am innocent of this charge, and may He reward or punish me as I speak true or false in denying it. I call that God to witness that I did not know that I had the lace in my possession, nor did I know it when Mrs. Gregory accosted me in the street. I have nothing more to add.
Then followed the evidence for the prisoner, which was chiefly evidence to character, and came from persons occupying prominent positions who knew her well, either at her Berkshire home or at Bath.
The judge's summing up occupied nearly an hour. In it he said that it was impossible that any person should have a higher character than the prisoner; but if the jury were satisfied with the evidence for the prosecution and believed it, that character ought not to avail her. If, however, upon taking all the circumstances of the case into consideration, the jury should see any reason to disbelieve the witnesses for the prosecution, or which led them to doubt of the prisoner's guilt, they should recollect the very excellent character which had been given her, and in that case it ought to bear great weight with them towards an acquittal. He also alluded to the conduct of the accused after leaving the shop as not being that of a guilty person, and commented on the ease with which she could have secreted the parcel before it was discovered.
The jury evidently saw great reason to disbelieve the witnesses for the prosecution, and, after only fifteen[105] minutes, returned a verdict of 'Not Guilty.'
The Star tells us that 'the trial lasted seven hours, and the scene of the acquittal was
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