Through the Fray: A Tale of the Luddite Riots

by G. A. Henty

The assizes were to come on in three weeks. Ned was treated with more consideration than was generally the case with prisoners in those days, when the jails were terribly mismanaged; but Mr. Simmonds had written to the governor of the prison asking that every indulgence that could be granted should be shown to Ned, and Mr. Porson had also, before the lad left Marsden, insisted on his accepting a sum of money which would enable him to purchase such food and comforts as were permitted to be bought by prisoners, able to pay for them, awaiting their trial.

Thus Ned obtained the boon of a separate cell, he was allowed to have books and writing materials, and to have his meals in from outside the prison.

The days, however, passed but slowly, and Ned was heartily glad when the time for the assizes was at hand and his suspense was to come to an end. His case came on for trial on the second day of the sessions. On the previous evening he received a visit from Mr. Wakefield, who told him that Mr. Porson, Dr. Green and Charlie had come over in the coach with him.

“You will be glad to hear that your mother will not be called,” the lawyer said. “The prosecution, I suppose, thought that it would have a bad effect to call upon a mother to give evidence against her son; besides, she could prove no more than your brother will be able to do. If they had called her, Green would have given her a certificate that she was confined to her bed and could not possibly attend. However I am glad they did not call her, for the absence of a witness called against the prisoner, but supposed to be favorable to him, always counts against him.”

“And you have no clue as who did it, Mr. Wakefield?”

“Not a shadow,” the lawyer replied. “We have had a man down from town ever since you have been away, but we have done no good. He went up to Varley and tried to get into the confidence of the croppers, but somehow they suspected him to be a spy sent down to inquire into the Luddite business, and he had a pretty narrow escape of his life. He was terribly knocked about before he could get out of the public house, and they chased him all the way down into Marsden. Luckily he was a pretty good runner, and had the advantage of having lighter shoes on than they had, or they would have killed him to a certainty. No, my lad, we can prove nothing; we simply take the ground that you didn't do it; that he was a threatened man and unpopular with his hands; and there is not a shadow of proof against you except the fact that he had ill treated you just before.”

“And that I was known to bear him ill will,” Ned said sadly.

“Yes, of course that's unfortunate,” the lawyer said uneasily. “Of course they will make a point of that, but that proves nothing. Most boys of your age do object to a stepfather. Of course we shall put it to the jury that there is nothing uncommon about that. Oh! no, I do not think they have a strong case; and Mr. Grant, who is our leader, and who is considered the best man on the circuit, is convinced we shall get a verdict.”

“But what do people think at Marsden, Mr. Wakefield? Do people generally think I am guilty?”

“Pooh! pooh!” Mr. Wakefield said hastily. “What does it matter what people think? Most people are fools. The question we have to concern ourselves with is what do the jury think, or at any rate with what they think is proved, and Mr. Grant says he does not believe any jury could find you guilty upon the evidence. He will work them up. I know he is a wonderful fellow for working up.”