Part 36

DUNNE--Yes my lord, that was all.

LORD CHIEF-JUSTICE--That is all nonsense; dost thou imagine that any man hereabouts is so weak as to believe thee?

DUNNE--My lord, I am so baulked, I do not know what I say myself.

Pollexfen here recalled Barter, who said that Dunne had told him that he had concealed the two men in his house for ten days, that it was the best job he had ever had in his life, and that he should never lack money again. All this Dunne denied having said; Barter, however, swore that he repeated it to Colonel Penruddock.

Colonel Penruddock, being called and sworn, deposed that Barter came to his house on Monday morning and said he had been with Dunne upon a journey to Lady Lisle's house to get entertainment for some people. They were going to meet him on Tuesday between nine and eleven on Salisbury Plain, and Colonel Penruddock could take them there. He sent a servant to take them there, who missed them; and accordingly went with soldiers to Lady Lisle's house the next day, searched it, found Hicks and Dunne in the Malt House, the latter having 'covered himself up with some sort of stuff there,' and Nelthorp 'in a hole by the chimney.'

LORD CHIEF-JUSTICE--Dunne, how came you to hide yourself in the malt-house?

DUNNE--When I heard the stir and bustle, I went through the chamber where I lay, and came into that room where I was taken.

LORD CHIEF-JUSTICE--When thou heardst a stir and a bustle, why wert thou afraid of anything?

DUNNE--My lord, I was frightened at the noise.

LORD CHIEF-JUSTICE--Prithee, what needst thou be afraid for, thou didst not know Hicks nor Nelthorp? and my lady only asked thee whether Hicks were a Nonconformist parson. Thou art a very innocent soul, and surely need'st no occasion to be afraid.

Colonel Penruddock did not remember Barter telling him what he said he did, but Barter said he apprehended the two men to be rebels, and 'that Dunne told him as much.'

LORD CHIEF-JUSTICE--What do you say to that, Dunne? It seems you told Barter that you apprehended them to be rebels?

DUNNE--I apprehend them for rebels, my Lord?

LORD CHIEF-JUSTICE--No, no, you did not apprehend them for rebels, but you hid them for rebels. But did you say to Barter that you took them to be rebels?

DUNNE--I take them to be rebels!

LORD CHIEF-JUSTICE--You blockhead, I ask you, did you tell him so?

DUNNE--I tell Barter so?

LORD CHIEF-JUSTICE--Ay, is not that a plain question?

DUNNE--I am quite cluttered out of my senses; I do not know that I say (A candle being still held nearer his nose).

LORD CHIEF-JUSTICE--But to tell the truth would rob thee of none of thy senses, if ever thou hadst any; but it should seem that neither thou, nor thy mistress the prisoner had any, for she knew nothing of it neither, though she had sent for them thither.

Colonel Penruddock continuing, said he had some difficulty in getting admittance to Lady Lisle's house; he did not see her till after he had brought out Hicks and Dunne; she denied that anybody else was there, but he searched and found Nelthorp.

LORD CHIEF-JUSTICE--But she denied it [Nelthorp's being there] first it seems?

LISLE--My lord, I hope I shall not be condemned without being heard.

LORD CHIEF-JUSTICE--No, God forbid, Mrs. Lisle. That was a sort of practice in your husband's time, you know very well what I mean; but God be thanked it is not so now; the king's courts of law never condemn without hearing.

Downing being called and sworn, deposed to finding Dunne and Hicks in the Malt-house, the former in a little hole 'where he had taken some stuff or other to cover him.'

Mrs. Carpenter, the bailiff's wife, spoke to serving the men who came on Tuesday with supper in the chamber where they lay, and to Mrs. Lisle's presence there. Carpenter spoke to Dunne's first arrival, when he asked for entertainment for Hicks and another whom he did not know.

After the Carpenters had finished it appeared that Dunne had given way.

MR. RUMSEY--Now, my lord, Dunne says he will tell all, whether it makes for him or against him.