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will tell you whether there be any matter for you in it. God forbid but you should have anything that may be allowed you by law: but this is against law, and we must keep the course of the court.

Att.-Gen. (Sir Robert Sawyer). My lord, we pray for the King that he may be asked to plead.

Cl. of Ct. Are you guilty of the murder whereof you stand indicted, or not guilty?

Pris. My lord, I would humbly offer this to the court. If I plead now, shall I have an opportunity after to except against the indictment?

L.C.J. Yes, yes, that comes after verdict: that will be saved to you, and counsel assigned if there be matter of law: but that which you have now to do is to plead.

Then after some little parleying with the court (which seemed strange upon such a plain indictment) the prisoner pleaded Not Guilty.

Cl. of Ct. Culprit. How wilt thou be tried?

Pris. By God and my country.

Cl. of Ct. God send thee a good deliverance.

L.C.J. Why, how is this? Here has been a great to-do that you should not be tried at Exeter by your country, but be brought here to London, and now you ask to be tried by your country. Must we send you to Exeter again?

Pris. My lord, I understood it was the form.

L.C.J. So it is, man: we spoke only in the way of pleasantness. Well, go on and swear the jury.

So they were sworn. I omit the names. There was no challenging on the prisoner’s part, for, as he said, he did not know any of the persons called. Thereupon the prisoner asked for the use of pen, ink, and paper, to which the L.C.J. replied: β€œAy, ay, in God’s name let him have it.” Then the usual charge was delivered to the jury, and the case opened by the junior counsel for the King, Mr. Dolben.

The Attorney-General followed:

May it please your lordship, and you gentlemen of the jury, I am of counsel for the King against the prisoner at the bar. You have heard that he stands indicted for a murder done upon the person of a young girl. Such crimes as this you may perhaps reckon to be not uncommon, and, indeed, in these times, I am sorry to say it, there is scarce any fact so barbarous and unnatural but what we may hear almost daily instances of it. But I must confess that in this murder that is charged upon the prisoner there are some particular features that mark it out to be such as I hope has but seldom if ever been perpetrated upon English ground. For as we shall make it appear, the person murdered was a poor country girl (whereas the prisoner is a gentleman of a proper estate) and, besides that, was one to whom Providence had not given the full use of her intellects, but was what is termed among us commonly an innocent or natural: such an one, therefore, as one would have supposed a gentleman of the prisoner’s quality more likely to overlook, or, if he did notice her, to be moved to compassion for her unhappy condition, than to lift up his hand against her in the very horrid and barbarous manner which we shall show you he used.

Now to begin at the beginning and open the matter to you orderly: About Christmas of last year, that is the year 1683, this gentleman, Mr. Martin, having newly come back into his own country from the University of Cambridge, some of his neighbours, to show him what civility they could (for his family is one that stands in very good repute all over that country), entertained him here and there at their Christmas merrymakings, so that he was constantly riding to and fro, from one house to another, and sometimes, when the place of his destination was distant, or for other reason, as the unsafeness of the roads, he would be constrained to lie the night at an inn. In this way it happened that he came, a day or two after the Christmas, to the place where this young girl lived with her parents, and put up at the inn there, called the New Inn, which is, as I am informed, a house of good repute. Here was some dancing going on among the people of the place, and Ann Clark had been brought in, it seems, by her elder sister to look on; but being, as I have said, of weak understanding, and, besides that, very uncomely in her appearance, it was not likely she should take much part in the merriment; and accordingly was but standing by in a corner of the room. The prisoner at the bar, seeing her, one must suppose by way of a jest, asked her would she dance with him. And in spite of what her sister and others could say to prevent it and to dissuade her⁠—

L.C.J. Come, Mr. Attorney, we are not set here to listen to tales of Christmas parties in taverns. I would not interrupt you, but sure you have more weighty matters than this. You will be telling us next what tune they danced to.

Att. My lord, I would not take up the time of the court with what is not material: but we reckon it to be material to show how this unlikely acquaintance begun: and as for the tune, I believe, indeed, our evidence will show that even that hath a bearing on the matter in hand.

L.C.J. Go on, go on, in God’s name: but give us nothing that is impertinent.

Att. Indeed, my lord, I will keep to my matter. But, gentlemen, having now shown you, as I think, enough of this first meeting between the murdered person and the prisoner, I will shorten my tale so far as to say that from then on there were frequent meetings of the two: for the young woman was greatly tickled with having

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