Page:The Green Bag (1889–1914), Volume 14.pdf/428

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Early Criminal Trials. tial and not at all convincing, although Chief Justice Pemberton was hostile to the prisoner from the outset. Soon after the case was opened Lady Henrietta appeared in court and sat at a table by the judge's feet. As soon as the Earl of Berkeley saw her he addressed the Court. "My daughter is here in court. I desire she may be restored to me." Sergeant Jeffreys.— " Pray, my Lord Berkeley, give us leave to go on; it will be time enough to move that anon." Soon afterward, when Lady Henrietta's sister, Arabella, was testifying, there was another outbreak. Lord Grey stood by the clerks under the bar, and looked " very steadfastly" upon the witness, who became confused. " The sight of my Lord Grey," she said, " doth put me quite out of coun tenance and patience." L. C. J.— " Pray, my Lord Grey, sit down. It is not a very extraordinary thing for a witness in such a case to be dashed out of countenance." Earl B.— " He would not, if he were not a very impudent, barbarous man, look so confidently and impudently upon her." Sergeant Jeffreys.— " My Lord, I would be very loath to deal otherwise than becomes me with a person of your quality, but indeed this is not so handsome, and we must desire you to sit down." Several housemaids were put on the stand for the purpose of identifying Lady Hen rietta as the person who had spent the night in a certain house. Jeffreys con sive ducted style, their usually examination addressing in histhe most witnesses persua- ' as " sweet heart." One of these maids gave a curious explanation for her inference that the person in controversy, whoever she might be, was not a person of quality, be cause the body of her nightdress was finer

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than the sleeves, whereas ladies of quality in those days invariably made the sleeves finer than the body. At the conclusion of the evidence for the prosecution Lord Grey made a statement, denying in toto, the charges against him. He admitted a fondness for the young woman, but denied that he had induced her to leave her home. On the contrary she had written to him that she could no longer endure the treatment to which she was subjected at home (she said she was treated "like a dog"), and proposed to leave; whereupon he had at once informed Lady Berkeley that she had better look to her daughter. He denied that the young woman had been in his possession or under his control. He admitted knowledge of her whereabouts when the earl was seeking to find her, but did not deem it honorable to betray the confidence which she had volun tarily reposed in him. He produced evi dence tending to prove these statements, and concluded by offering Lady Henrietta herself as a witness. The crown counsel strenuously objected; but as she was clearly not a party to the action the court allowed her to be sworn, with the preface, however, that " there is very little credit to be given to what she says." And at the conclusion of her testimony, in which she corroborated Lord Grey's statement that he had nothing to do with her going away, Chief Justice Pemberton brutally said to her, " You have injured your own reputation and prostituted both your body and your honor, and are not to be believed." As the jury withdrew the earl renewed his efforts to secure his daughter. Earl of Berkeley.— " My Lord Chief Justice, I desire I may have my daughter delivered to me again." L. C. J.— " My Lord Berkeley must have his daughter again."