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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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