his work," sighed Sir Edmund,
who sat with them.
The indictment was read, the first count being "That of malice
aforethought, by the temptation of the Devil, Charles Archfield did
wilfully kill and slay Peregrine Oakshott," etc. The second
indictment was that "By misadventure he had killed and slain the
said Peregrine Oakshott." To the first he pleaded 'Not guilty;' to
the second 'Guilty.'
Tall, well-made, manly, and soldierly he stood, with a quiet set
face, while Mr. Cowper proceeded to open the prosecution, with a
certain compliment to the prisoner and regret at having to push the
case against one who had so generously come forward on behalf of a
kinsman; but he must unwillingly state the circumstances that made
it doubtful, nay, more than doubtful, whether the prisoner's plea of
mere misadventure could stand. The dislike to the unfortunate
deceased existing among the young Tory country gentlemen of the
county was, he should prove, intensified in the prisoner on account
of not inexcusable jealousies, as well as of the youthful squabbles
which sometimes lead to fatal results. On the evening of the 30th
of June 1688 there had been angry words between the prisoner and the
deceased on Portsdown Hill, respecting the prisoner's late lady. At
four or five o'clock on the ensuing morning, the 1st of July, the
one fell by the sword of the other in the then unfrequented court of
Portchester Castle. It was alleged that the stroke was fatal only
through the violence of youthful impetuosity; but was it consistent
with that supposition that the young gentleman's time was
unaccounted for afterwards, and that the body should have been
disposed of in a manner that clearly proved the assistance of an
accomplice, and with so much skill that no suspicion had arisen for
seven years and a half, whilst the actual slayer was serving, not
his own country, but a foreign prince, and had only returned at a
most suspicious crisis?
The counsel then proceeded to construct a plausible theory. He
reminded the jury that at that very time, the summer of 1688,
messages and invitations were being despatched to his present
Gracious Majesty to redress the wrongs of the Protestant Church, and
protect the liberties of the English people. The father of the
deceased was a member of a family of the country party, his uncle a
distinguished diplomatist, to whose suite he had belonged. What was
more obvious than that he should be employed in the c
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