"But to what end is this?" interrupted the judge. "Clavering is not here. Were he here I should know how to deal with him. But the indictment is not drawn against Clavering. It is drawn against you, and you had best look to it."
"My lord, it is all of a piece," replied Herbert
"I was an innocent, an unconscious instrument of Rookley's hatred of Mr. Clavering."
Thereupon he proceeded to question Rookley as to the reason why he had been disinherited, and if it was true that he had robbed his father and ever proved a troublesome and disloyal son. To these inquiries he got nothing but evasions for replies; but I observed that the witness' anxiety increased, as I could understand. For doubtless he little expected to have these facts arrayed against him, and began to wonder whence Herbert's knowledge came.
The Court rose at the conclusion of his evidence for a short space, so that when it returned, the sunlight was pouring on to the floor of the room through the western window.
Other witnesses were called, amongst them one or two Whig gentlemen who spoke to seeing Lady Derwentwater's portrait.
"You infer from that that I am a traitor?" said Herbert to the first.
"I thought it a strange thing an artist should come so far as to Keswick," he replied.
"But, my lord, is it a crime for a man to come to Keswick?" cried Herbert "I came thither for the landscapes."
"And therefore painted portraits!" sneered the judge.