W. Yes, quite sure.
L.C.J. How quite sure, child?
W. Because she would stand and jump up and down and clap her arms like a goose [which he called by some country name: but the parson explained it to be a goose]. And then she was of such a shape that it could not be no one else.
Att. What was the last time that you so saw her?
Then the witness began to cry again and clung very much to Mr Matthews, who bid him not be frightened. And so at last he told this story: that on the day before their feast (being the same evening that he had before spoken of) after the prisoner had gone away, it being then twilight and he very desirous to get home, but afraid for the present to stir from where he was lest the prisoner should see him, remained some few minutes behind the bush, looking on the pond, and saw something dark come up out of the water at the edge of the pond farthest away from him, and so up the bank. And when it got to the top where he could see it plain against the sky, it stood up and flapped the arms up and down, and then run off very swiftly in the same direction the prisoner had taken: and being asked very strictly who he took it to be, he said upon his oath that it could be nobody but Ann Clark.
Thereafter his master was called, and gave evidence that the boy had come home very late that evening and been chided for it, and that he seemed very much amazed, but could give no account of the reason.
Att. My lord, we have done with our evidence for the King.
Then the Lord Chief Justice called upon the prisoner to make his defence; which he did, though at no great length, and in a very halting way, saying that he hoped the jury would not go about to take his life on the evidence of a parcel of country people and children that would believe any idle tale; and that he had been very much prejudiced in his trial; at which the L.C.J. interrupted him, saying that he had had singular favour shown to him in having his trial removed from Exeter, which the prisoner acknowledging, said that he meant rather that since he was brought to London there had not been care taken to keep him secured from interruption and disturbance. Upon which the L.C.J. ordered the Marshal to be called, and questioned him about the safe keeping of the prisoner, but could find nothing: except the Marshal said that he had been informed by the underkeeper that they had seen a person outside his door or going up the stairs to it: but there was no possibility the person should have got in. And it being inquired further what sort of person this might be, the Marshal could not speak to it save by hearsay, which was not allowed. And the prisoner, being asked if this was what he meant, said no, he knew nothing of that, but it was very hard that a man should not be suffered to be at quiet when his life stood on it. But it was observed he was very hasty in his denial. And so he said no more, and called no witnesses. Whereupon the Attorney-General spoke to the jury. [A full report of what he said is given, and, if time allowed, I would extract that portion in which he dwells on the alleged appearance of the murdered person: he quotes some authorities of ancient date, as St Augustine de cura pro mortuis gerenda (a favourite book of reference with the old writers on the supernatural) and also cites some cases which may be seen in Glanvil's, but more conveniently in Mr Lang's books. He does not, however, tell us more of those cases than is to be found in print.]
The Lord Chief Justice then summed up the evidence for the jury. His speech, again, contains nothing that I find worth copying out: but he was naturally impressed with the singular character of the evidence, saying that he had never heard such given in his experience; but that there was nothing in law to set it aside, and that the jury must consider whether they believed these witnesses or not.
And the jury after a very short consultation brought the prisoner in
Guilty.