Historical Mysteries. Lang Andrew
with one Clarke, a sweetheart of his sister. They had two boiled fowls. But Clarke said they had only 'a part of a fowl between them.' There was such a discrepancy of evidence here as to time on the part of one of the gipsy's witnesses that Mr. Davy told him he was drunk. Yet he persisted that he kissed Lucy Squires, at an hour when Lucy, to suit the case, could not have been present.
There was documentary evidence – a letter of Lucy to Clarke, from Basingstoke. It was dated January 18, 1753, but the figure after 175 was torn off the postmark; that was the only injury to the letter. Had there not been a battalion of as hard swearers to the presence of the gipsies at Enfield in December-January 1752-1753 as there was to their absence from Enfield and to their presence in Dorset, the gipsy party would have proved their case. As matters stand, we must remember that the Dorset evidence had been organised by a solicitor, that the route was one which the Squires party habitually used; that by the confession of Mr. Davy, the prosecuting counsel, the Squires family 'stood in' with the smuggling interest, compact and unscrupulous. They were 'gipsies dealing in smuggled goods,' said Mr. Davy. Again, while George Squires had been taught his lesson like a parrot, the prosecution dared not call his sister, pretty Lucy, as a witness. They said that George was 'stupid,' but that Lucy was much more dull. The more stupid was George, the less unlikely was he to kidnap Elizabeth Canning as prize of war after robbing her. But she did not swear to him.
As to the presence of the gipsies at Mrs. Wells's, at Enfield, as early as January 19, Mrs. Howard swore. Her husband lived on his own property, and her house, with a well, which she allowed the villagers to use, was opposite Mrs. Wells's. Mrs. Howard had seen the gipsy girl at the well, and been curtsied to by her, at a distance of three or four yards. She had heard earlier from her servants of the arrival of the gipsies, and had 'looked wishfully,' or earnestly, at them. She was not so positive as to Mary Squires, whom she had seen at a greater distance.
William Headland swore to seeing Mary Squires on January 9; he fixed the date by a market-day. Also, on the 12th, he saw her in Mrs. Wells's house. He picked up a blood-stained piece of thin lead under the window from which Elizabeth escaped, and took it to his mother, who corroborated. Samuel Story, who knew Mary Squires from of old, saw her on December 22 in White Webs Lane, so called from the old house noted as a meeting-place of the Gunpowder Plot conspirators. Story was a retired clockmaker. Mr. Smith, a tenant of the Duke of Portland, saw Mary Squires in his cowhouse on December 15, 1752. She wanted leave to camp there, as she had done in other years. The gipsies then lost a pony. Several witnesses swore to this, and one swore to conversations with Mary Squires about the pony. She gave her name, and said that it was on the clog by which the beast was tethered.
Loomworth Dane swore to Mary Squires, whom he had observed so closely as to note a great hole in the heel of her stocking. The date was Old Christmas Day, 1752. Dane was landlord of the Bell, at Enfield, and a maker of horse-collars. Sarah Star, whose house was next to Mrs. Wells's, saw Mary Squires in her own house on January 18 or 19; Mary wanted to buy pork, and hung about for three-quarters of an hour, offering to tell fortunes. Mrs. Star got rid of her by a present of some pig's flesh. She fixed the date by a document which she had given to Miles, a solicitor; it was not in court. James Pratt swore to talk with Mary Squires before Christmas as to her lost pony; she had then a man with her. He was asked to look round the court to see if the man was present, whereon George Squires ducked his head, and was rebuked by the prosecuting counsel, Mr. Davy, who said 'It does not look well.' It was hardly the demeanour of conscious innocence. But Pratt would not swear to him. Mary Squires told Pratt that she would consult 'a cunning-man about the lost pony,' and Mr. Nares foolishly asked why a cunning woman should consult a cunning man? 'One black fellow will often tell you that he can and does something magical, whilst all the time he is perfectly aware that he cannot, and yet firmly believes that some other man can really do it.' So write Messrs. Spencer and Gillen in their excellent book on The Native Tribes of Central Australia (p. 130); and so it was with the gipsy, who, though a 'wise woman,' believed in a 'wise man.'
This witness (Pratt) said, with great emphasis: 'Upon my oath, that is the woman… I am positive in my conscience, and I am sure that it was no other woman; this is the woman I saw at that blessed time.' Moreover, she gave him her name as the name on the clog of the lost pony. The affair of the pony was just what would impress a man like Pratt, and, on the gipsies' own version, they had no pony with them in their march from Dorset.
All this occurred before Pratt left his house, which was on December 22, 'three days before New Christmas.' He then left Enfield for Cheshunt, and his evidence carries conviction.
In some other cases witnesses were very stupid – could not tell in what month Christmas fell. One witness, an old woman, made an error, confusing January 16 with January 23. A document on which she relied gave the later date.
If witnesses on either side were a year out in their reckoning, the discrepancies would be accountable; but Pratt, for example, could not forget when he left Enfield for Cheshunt, and Farmer Smith and Mrs. Howard could be under no such confusion of memory. It may be prejudice, but I rather prefer the Enfield evidence in some ways, as did Mr. Paget. In others, the Dorset evidence seems better.
Elizabeth had sworn to having asked a man to point out the way to London after she escaped into the lane beside Mrs. Wells's house. A man, Thomas Bennet, swore that on January 29, 1753, he met 'a miserable, poor wretch, about half-past four,' 'near the ten-mile stone,' in a lane. She asked her way to London; 'she said she was affrighted by the tanner's dog.' The tanner's house was about two hundred yards nearer London, and the prosecution made much of this, as if a dog, with plenty of leisure and a feud against tramps, could not move two hundred yards, or much more, if he were taking a walk abroad, to combat the object of his dislike. Bennet knew that the dog was the tanner's; probably he saw the dog when he met the wayfarer, and it does not follow that the wayfarer herself called it 'the tanner's dog.' Bennet fixed the date with precision. Four days later, hearing of the trouble at Mrs. Wells's, Bennet said, 'I will be hanged if I did not meet the young woman near this place and told her the way to London.' Mr. Davy could only combat Bennet by laying stress on the wayfarer's talking of 'the tanner's dog.' But the dog, at the moment of the meeting, was probably well in view. Bennet knew him, and Bennet was not asked, 'Did the woman call the dog "the tanner's dog," or do you say this of your own knowledge?' Moreover, the tannery was well in view, and the hound may have conspicuously started from that base of operations. Mr. Davy's reply was a quibble.
His closing speech merely took up the old line: Elizabeth was absent to conceal 'a misfortune'; her cunning mother was her accomplice. There was no proof of Elizabeth's unchastity; nay, she had an excellent character, 'but there is a time, gentlemen, when people begin to be wicked.' If engaged for the other side Mr. Davy would have placed his 'Nemo repente fuit turpissimus' – no person of unblemished character wades straight into 'innocent blood,' to use his own phrase.
The Recorder summed up against Elizabeth. He steadily assumed that Nash was always right, and the neighbours always wrong, as to the girl's original story. He said nothing of Bennet; the tanner's dog had done for Bennet. He said that, if the Enfield witnesses were right, the Dorset witnesses were wilfully perjured. He did not add that, if the Dorset witnesses were right, the Enfield testifiers were perjured.
The jury brought in a verdict of 'Guilty of perjury, but not wilful and corrupt.' This was an acquittal, but, the Recorder refusing the verdict, they did what they were desired to do, and sentence was passed. Two jurors made affidavit that they never intended a conviction. The whole point had turned, in the minds of the jury, on a discrepancy as to when Elizabeth finished the water in the broken pitcher – on Wednesday, January 27, or on Friday, January 29. Both accounts could not be true. Here, then, was 'perjury,' thought the jury, but not 'wilful and corrupt,' not purposeful. But the jury had learned that 'the court was impatient;' they had already brought Elizabeth in guilty of perjury, by which they meant guilty of a casual discrepancy not unnatural in a person hovering between life and death. They thought that they could not go back on their 'Guilty,' and so they went all the way to 'corrupt and wilful perjury' – murder by false oath – and consistently added 'an earnest recommendation to mercy'!
By a majority of one out of seventeen judges, Elizabeth was banished for seven years to New England. She was accused in the Press of being an 'enthusiast,' but the Rev. William Reyner, who attended her in prison, publicly proclaimed