Part 34

DUNNE--My Lord, it was the full fat black man.

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 assure thee thy bread is very light weight, it will scarce pass 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 assure 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 God of Heaven not to be a God 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 God above who knows thy thoughts? And it is infinite mercy, that, for these falsehoods of thine, he does not immediately strike thee into hell! Jesus God!... Did you not tell me that you opened the latch yourself and that you saw nobody else but a girl? How durst you offer to tell such horrid lies in the presence of God 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 Saturday; 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.]