to the prisoner’s servant, and had engendered in him a holy determination to examine his master’s table-drawers and pockets, and secrete his papers. That, he (Mr. Attorney– General) was prepared to hear some disparagement attempted of this admirable servant; but that, in a general way, he preferred him to his (Mr. Attorney–General’s) brothers and sisters, and honoured him more than his (Mr. Attorney–General’s) father and mother. That, he called with confidence on the jury to come and do likewise. That, the evidence of these two witnesses, coupled with the documents of their discovering that would be produced, would show the prisoner to have been furnished with lists of his Majesty’s forces, and of their disposition and preparation, both by sea and land, and would leave no doubt that he had habitually conveyed such information to a hostile power. That, these lists could not be proved to be in the prisoner’s handwriting; but that it was all the same; that, indeed, it was rather the better for the prosecution, as showing the prisoner to be artful in his precautions. That, the proof would go back five years, and would show the prisoner already engaged in these pernicious missions, within a few weeks before the date of the very first action fought between the British troops and the Americans. That, for these reasons, the jury, being a loyal jury (as he knew they were), and being a responsible jury (as THEY knew they were), must positively find the prisoner Guilty, and make an end of him, whether they liked it or not. That, they never could lay their heads upon their pillows; that, they never could tolerate the idea of their wives laying their heads upon their pillows; that, they never could endure the notion of their children laying their heads upon their pillows; in short, that there never more could be, for them or theirs, any laying of heads upon pillows at all, unless the prisoner’s head was taken off. That head Mr. Attorney–General concluded by demanding of them, in the name of everything he could think of with a round turn in it, and on the faith of his solemn asseveration that he already considered the prisoner as good as dead and gone.
When the Attorney–General ceased, a buzz arose in the court as if a cloud of great blue-flies were swarming about the prisoner, in anticipation of what he was soon to become. When toned down again, the unimpeachable patriot appeared in the witness-box.
Mr. Solicitor–General then, following his leader’s lead, examined the patriot: John Barsad, gentleman, by name. The story of his pure soul was exactly what Mr. Attorney– General had described it to be—perhaps, if it had a fault, a little too exactly. Having released his noble bosom of its burden, he would have modestly withdrawn himself, but that the wigged gentleman with the papers before him, sitting not far from Mr. Lorry, begged to ask him a few questions. The wigged gentleman sitting opposite, still looking at the ceiling of the court.
Had he ever been a spy himself? No, he scorned the base insinuation. What did he live upon? His property. Where was his property? He didn’t precisely remember where it was. What was it? No business of anybody’s. Had he inherited it? Yes, he had. From whom? Distant relation. Very distant? Rather. Ever been in prison? Certainly not. Never in a debtors’ prison? Didn’t see what that had to do with it. Never in a debtors’ prison? —Come, once again. Never? Yes. How many times? Two or three times. Not five or six? Perhaps. Of what profession? Gentleman. Ever been kicked? Might have been. Frequently? No. Ever kicked downstairs? Decidedly not; once received a kick on the top of a staircase, and fell downstairs of his own accord. Kicked on that occasion for cheating at dice? Something to that effect was said by the intoxicated liar who committed the assault, but it was not true. Swear it was not true? Positively. Ever live by cheating at play? Never. Ever live by play? Not more than other gentlemen do. Ever borrow money of the prisoner? Yes. Ever pay him? No. Was not this intimacy with the prisoner, in reality a very slight one, forced upon the prisoner in coaches, inns, and packets? No. Sure he saw the prisoner with these lists? Certain. Knew no more about the lists? No. Had not procured them himself, for instance? No. Expect to get anything by this evidence? No. Not in regular government pay and employment, to lay traps? Oh dear no. Or to do anything? Oh dear no. Swear that? Over and over again. No motives but motives of sheer patriotism? None whatever.
The virtuous servant, Roger Cly, swore his way through the case at a great rate. He had taken service with the prisoner, in good faith and simplicity, four years ago. He had asked the prisoner, aboard the Calais packet, if he wanted a handy fellow, and the prisoner had engaged him. He had not asked the prisoner to take the handy fellow as an act of charity—never thought of such a thing. He began to have suspicions of the prisoner, and to keep an eye upon him, soon afterwards. In arranging his clothes, while travelling, he had seen similar lists to these in the prisoner’s pockets, over and over again. He had taken these lists from the drawer of the prisoner’s desk. He had not put them there first. He had seen the prisoner show these identical lists to French gentlemen at Calais, and similar lists to French gentlemen, both at Calais and Boulogne. He loved his country, and couldn’t bear it, and had given information. He had never been suspected of stealing a silver tea-pot; he had been maligned respecting a mustard-pot, but it turned out to be only a plated one. He had known the last witness seven or eight years; that was merely a coincidence. He didn’t call it a particularly curious coincidence; most coincidences were curious. Neither did he call it a curious coincidence that true patriotism was HIS only motive too. He was a true Briton, and hoped there were many like him.
The blue-flies buzzed again, and Mr. Attorney–General called Mr. Jarvis Lorry.
“Mr. Jarvis Lorry, are you a clerk in Tellson’s bank?”
“I am.”
“On a certain Friday night in November one thousand seven hundred and seventy-five, did business occasion you to travel between London and Dover by the mail?”
“It did.”
“Were there any other passengers in the mail?”
“Two.”
“Did they alight on the road in the course of the night?”
“They did.”
“Mr. Lorry, look upon the prisoner. Was he one of those two passengers?”
“I cannot undertake to say that he was.”
“Does he resemble either of these two passengers?”
“Both were so wrapped up, and the night was so dark, and we were all so reserved, that I cannot undertake to say even that.”
“Mr. Lorry, look again upon the prisoner. Supposing him wrapped up as those two passengers were, is there anything in his bulk and stature to render it unlikely that he was one of them?”
“No.”
“You will not swear, Mr. Lorry, that he was not one of them?”
“No.”
“So at least you say he may have been one of them?”
“Yes. Except that I remember them both to have been—like myself—timorous of highwaymen, and the prisoner has not a timorous air.”
“Did you ever see a counterfeit of timidity, Mr. Lorry?”
“I certainly have seen that.”
“Mr. Lorry, look once more upon the prisoner. Have you seen him, to your certain knowledge, before?”
“I have.”
“When?”
“I was returning from France a few days afterwards, and, at Calais, the prisoner came on board the packet-ship in which I returned, and made the voyage with me.”
“At what hour did he come on board?”
“At a little after midnight.”
“In the dead of the night. Was he the only passenger who came on board at that untimely hour?”
“He happened to be the only one.”
“Never mind about ‘happening,’ Mr. Lorry. He was the only passenger who came on board in the dead of the night?”
“He was.”
“Were you travelling alone, Mr. Lorry, or with any companion?”
“With two companions.