Judge. Can you, from what you heard in the garden, take upon you to say that Henry Lenox is certainly guilty of what is laid to his charge?
Sally Delia. Had not the maid disturbed them by coming to call me, I doubt not but I should have been able to answer in the affirmative; at the present, I only say that I believe so, and that upon the strongest presumption.
Henry Lenox. I am happy in being tried by a judge and jury who have too much sense to convict me on mere conjecture, and there is far from any positive proof. To give a verdict against me in this case would be opening a way to the greatest errors. How many, through the hasty determination of a jury, on mere conjecture, have suffered unjustly! But should I meet with that fate, I will never find fault or repine, since I am sensible I shall not be the first, and I trust that my innocence will support me under the unmerited disgrace. Sammy Halifax came to me, brought a tart in his hand, and for safety, to oblige him, I put it into my cupboard. I brought it from thence, and gave it him. If anyone got to it, and treated it in the manner he describes, I am sorry for it; but it cannot be imputed to my fault. My reason for declining taking part of it is well known to my sister, whom I had promised to take a walk with in the evening. She is now in court, and I apprehend her word will not be doubted. As for the sneering words I made use of to George Bobadil (for that was the term he gave them), if they had any particular meaning at all, it could only serve to show what little consideration I made of mere matters for the tooth. As for the evidence which Samuel Evelyn has given against me, it can be of no weight, since it is well known that each has his confidant, and that each has some mighty secret to reveal to another. As to what Edward Harris advances with respect to the plumstones, they might as easily have fallen from the pocket of another as from mine, and there is even a possibility that these very plumstones may have come out of the tart after they themselves had eat it. Upon the whole, I leave it to your lordship and this honourable court whether there be any other view in this trial than that my accusers may obtain another tart at the expense of my credit.
Secretary. Susan Lenox, please give evidence.
Susan Lenox. My brother came to me in the evening in which the tart was eat, agreeable to my invitation; and I did not hear him mention the least syllable that could indicate his guilt in this matter. He mentioned the tart, indeed, by saying he was invited to eat part of it, but added that his appetite was the least of his concern.
Judge. Did he appear more cheerful or dejected than usual?
Susan Lenox. I perceived no change in him; he had nothing more or less of his natural gaiety and cheerfulness.
Stephen Brooks. I have known the prisoner a long time, and have always found him more ready to give than receive, and far from taking anything from anyone.
Richard Richards. The prisoner has been my intimate playmate for four years, and I never once quarrelled with him in my life.
Benjamin Blunt. The whole is a contrivance to bring Henry Lenox into disgrace, and to make you believe they have been ill used.