Secondly, that Mrs. Gaunt herself had been out of doors after midnight.
And, thirdly, that she had listened at the door, and heard her threaten Griffith Gaunt's life.
This is a mere précis of the evidence, and altogether it looked so suspicious, that the magistrates, after telling Mrs. Gaunt she could ask the witnesses any question she chose, a suggestion she treated with marked contempt, put their heads together a moment, and whispered. Then the eldest of them, Mr. Underhill, who lived at a considerable distance, told her gravely he must commit her to take her trial at the next assizes.
"Do what you conceive to be your duty, gentlemen," said Mrs. Gaunt, with marvellous dignity. "If I do not assert my innocence, it is because I disdain the accusation too much."
"I shall take no part in the committal of this innocent lady," said Sir George Neville: and was about to leave the room.
But Mrs. Gaunt begged him to stay. "To be guilty, is one thing," said she, "to be accused, is another: I shall go to prison as easy as to my dinner, and to the gallows as to my bed."
The presiding magistrate was staggered a moment by these words; and it was not without considerable hesitation he took the warrant, and prepared to fill it up.
Then Mr. Houseman, who had watched the proceedings very keenly, put in his word. "I am here for the accused person, sir, and, with your good leave, object to her committal—on grounds of law."
"What may they be, Mr. Houseman?" said the magistrate, civilly; and laid his pen down to hear them.
"Briefly, sir, these. Where a murder is proven, you can commit a subject of this realm upon suspicion. But you cannot suspect the murder as well as the culprit, and so commit. The murder must be proved to the senses. Now in this case the death of Mr. Gaunt by violence is not proved. Indeed his very death rests but upon suspicion. I admit that the law of England in this respect has once or twice been tampered with, and persons have even been executed where no corpus delicti was found; but what was the consequence? In each ease the murdered man turned out to be alive, and justice was the only murderer. After Harrison's case, and *'s, no Cumberland jury will ever commit for murder, unless the corpus delicti has been found, and with signs of violence upon it. Come, come, Mr. Atkins, you are too good a lawyer, and too humane a man, to send my client to prison on the suspicion of a suspicion, which you know the very breath of the judge will blow away, even if the grand jury let it go into court. I offer bail, ten thousand pounds in two sureties; Sir George Neville here present, and myself."