nth year of the reign of his present Majesty, aided and abetted one
Thomas Leicester in an assault upon one Griffith Gaunt, Esq., and him,
the said Griffith Gaunt, did with force and arms assassinate and do to
death, against the peace of our said Lord the King, his crown and
dignity.
After reading the indictment, the Clerk of Arraigns turned to the
prisoner: "How sayest thou, Catharine Gaunt; art thou guilty of the
felony and murder whereof thou standest indicted,--or not guilty?"
"I am not guilty."
"Culprit, how wilt thou be tried?"
"Culprit I am none, but only accused. I will be tried by God and my
country."
"God send thee a good deliverance."
Mr. Whitworth, the junior counsel for the crown, then rose to open the
case; but the prisoner, with a pale face, but most courteous demeanor,
begged his leave to make a previous motion to the court. Mr. Whitworth
bowed, and sat down. "My Lord," said she, "I have first a favor to ask;
and that favor, methinks, you will grant, since it is but justice,
impartial justice. My accuser, I hear, has two counsel; both learned and
able. I am but a woman, and no match for their skill Therefore I beg
your Lordship to allow me counsel on my defence, to matter of fact as
well as of law. I know this is not usual; but it is just, and I am
informed it has sometimes been granted in trials of life and death, and
that your Lordship hath the _power_, if you have the _will_, to do me so
much justice."
The Judge looked towards Mr. Serjeant Wiltshire, who was the leader on
the other side. He rose instantly and replied to this purpose: "The
prisoner is misinformed. The truth is, that from time immemorial, and
down to the other day, a person indicted for a capital offence was never
allowed counsel at all, except to matters of law, and these must be
started by himself. By recent practice the rule hath been so far relaxed
that counsel have sometimes been permitted to examine and cross-examine
witnesses for a prisoner; but never to make observations on the
evidence, nor to draw inferences from it to the point in issue."
_Mrs. Gaunt._ So, then, if I be sued for a small sum of money, I may
have skilled orators to defend me against their like. But if I be sued
for my life and honor, I may not oppose skill to skill, but must stand
here a child against you that are masters. 'Tis a monstrous iniquity,
and you yourself, sir, will not deny it.
_Serjeant Wiltshire._ Madam, permit me. Whether it b
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