This witness (Pratt) said, with great emphasis: 'Upon my oath, that is the woman I am positive in my conscience, and I am sure that it was no other woman; this is the woman I saw at that blessed time.' Moreover, she gave him her name as the name on the clog of the lost pony. The affair of the pony was just what would impress a man like Pratt, and, on the gipsies' own version, they had no pony with them in their march from Dorset.
All this occurred before Pratt left his house, which was on December 22, 'three days before New Christmas.' He then left Enfield for Cheshunt, and his evidence carries conviction.
In some other cases witnesses were very stupid could not tell in what month Christmas fell. One witness, an old woman, made an error, confusing January 16 with January 23. A document on which she relied gave the later date.
If witnesses on either side were a year out in their reckoning, the discrepancies would be accountable; but Pratt, for example, could not forget when he left Enfield for Cheshunt, and Farmer Smith and Mrs. Howard could be under no such confusion of memory. It may be prejudice, but I rather prefer the Enfield evidence in some ways, as did Mr. Paget. In others, the Dorset evidence seems better.
Elizabeth had sworn to having asked a man to point out the way to London after she escaped into the lane beside Mrs. Wells's house. A man, Thomas Bennet, swore that on January 29, 1753, he met 'a miserable, poor wretch, about half-past four,' 'near the ten-mile stone,' in a lane. She asked her way to London; 'she said she was affrighted by the tanner's dog.' The tanner's house was about two hundred yards nearer London, and the prosecution made much of this, as if a dog, with plenty of leisure and a feud against tramps, could not move two hundred yards, or much more, if he were taking a walk abroad, to combat the object of his dislike. Bennet knew that the dog was the tanner's; probably he saw the dog when he met the wayfarer, and it does not follow that the wayfarer herself called it 'the tanner's dog.' Bennet fixed the date with precision. Four days later, hearing of the trouble at Mrs. Wells's, Bennet said, 'I will be hanged if I did not meet the young woman near this place and told her the way to London.' Mr. Davy could only combat Bennet by laying stress on the wayfarer's talking of 'the tanner's dog.' But the dog, at the moment of the meeting, was probably well in view. Bennet knew him, and Bennet was not asked, 'Did the woman call the dog "the tanner's dog," or do you say this of your own knowledge?' Moreover, the tannery was well in view, and the hound may have conspicuously started from that base of operations. Mr. Davy's reply was a quibble.
His closing speech merely took up the old line: Elizabeth was absent to conceal 'a misfortune'; her cunning mother was her accomplice. There was no proof of Elizabeth's unchastity; nay, she had an excellent character, 'but there is a time, gentlemen, when people begin to be wicked.' If engaged for the other side Mr. Davy would have placed his 'Nemo repente fuit turpissimus' no person of unblemished character wades straight into 'innocent blood,' to use his own phrase.
The Recorder summed up against Elizabeth. He steadily assumed that Nash was always right, and the neighbours always wrong, as to the girl's original story. He said nothing of Bennet; the tanner's dog had done for Bennet. He said that, if the Enfield witnesses were right, the Dorset witnesses were wilfully perjured. He did not add that, if the Dorset witnesses were right, the Enfield testifiers were perjured.
The jury brought in a verdict of 'Guilty of perjury, but not wilful and corrupt.' This was an acquittal, but, the Recorder refusing the verdict, they did what they were desired to do, and sentence was passed. Two jurors made affidavit that they never intended a conviction. The whole point had turned, in the minds of the jury, on a discrepancy as to when Elizabeth finished the water in the broken pitcher on Wednesday, January 27, or on Friday, January 29. Both accounts could not be true. Here, then, was 'perjury,' thought the jury, but not 'wilful and corrupt,' not purposeful. But the jury had learned that 'the court was impatient;' they had already brought Elizabeth in guilty of perjury, by which they meant guilty of a casual discrepancy not unnatural in a person hovering between life and death. They thought that they could not go back on their 'Guilty,' and so they went all the way to 'corrupt and wilful perjury' murder by false oath and consistently added 'an earnest recommendation to mercy'!
By a majority of one out of seventeen judges, Elizabeth was banished for seven years to New England. She was accused in the Press of being an 'enthusiast,' but the Rev. William Reyner, who attended her in prison, publicly proclaimed her a good Churchwoman and a good girl (June 7, 1754). Elizabeth (June 24) stuck to her guns in a manifesto she had not once 'knowingly deviated from the truth.'
Mr. Davy had promised the jury that when Elizabeth was once condemned all would come out the whole secret. But though the most careful attempts were made to discover her whereabouts from January 1 to January 29, 1753, nothing was ever found out a fact most easily explained by the hypothesis that she was where she said she was, at Mother Wells's.
As to Elizabeth's later fortunes, accounts differ, but she quite certainly married, in Connecticut, a Mr. Treat, a respectable yeoman, said to have been opulent. She died in Connecticut in June 1773, leaving a family.
In my opinion Elizabeth Canning was a victim of the common sense of the eighteenth century. She told a very strange tale, and common-sense holds that what is strange cannot be true. Yet something strange had undeniably occurred. It was very strange if Elizabeth on the night of January 1, retired to become a mother, of which there was no appearance, while of an amour even gossip could not furnish a hint. It was very strange if, having thus retired, she was robbed, starved, stripped and brought to death's door, bleeding and broken down. It was very strange that no vestige of evidence as to her real place of concealment could ever be discovered. It was amazingly strange that a girl, previously and afterwards of golden character, should in a moment aim by perjury at 'innocent blood.' But the eighteenth century, as represented by Mr. Davy, Mr. Willes, the barrister who fabled in court, and the Recorder, found none of these things one half so strange as Elizabeth Canning's story. Mr. Henry Fielding, who had some knowledge of human nature, was of the same opinion as the present candid inquirer. 'In this case,' writes the author of Tom Jones, 'one of the most simple girls I ever saw, if she be a wicked one, hath been too hard for me. I am firmly persuaded that Elizabeth Canning is a poor, honest, simple, innocent girl.'
Moi aussi, but I would not have condemned the gipsy!
In this case the most perplexing thing of all is to be found in the conflicting unpublished affidavits sworn in March 1753, when memories as to the whereabouts of the gipsies were fresh. They form a great mass of papers in State Papers Domestic, at the Record Office. I owe to Mr. Courtney Kenny my knowledge of the two unpublished letters of Fielding to the Duke of Newcastle which follow:
'My Lord Duke, I received an order from my Lord Chancellor immediately after the breaking up of the Council to lay before your Grace all the Affidavits I had taken since the Gipsy Trial which related to that Affair. I then told the Messenger that I had taken none, as indeed the fact is the Affidavits of which I gave my Lord Chancellor an Abstract having been all sworn before Justices of the Peace in the Neighbourhood of Endfield, and remain I believe in the Possession of an Attorney in the City.
Moi aussi, but I would not have condemned the gipsy!
In this case the most perplexing thing of all is to be found in the conflicting unpublished affidavits sworn in March 1753, when memories as to the whereabouts of the gipsies were fresh. They form a great mass of papers in State Papers Domestic, at the Record Office. I owe to Mr. Courtney Kenny my knowledge of the two unpublished letters of Fielding to the Duke of Newcastle which follow:
'My Lord Duke, I received an order from my Lord Chancellor immediately after the breaking up of the Council to lay before your Grace all the Affidavits I had taken since the Gipsy Trial which related to that Affair. I then told the Messenger that I had taken none, as indeed the fact is the Affidavits of which I gave my Lord Chancellor an Abstract having been all sworn before Justices of the Peace in the Neighbourhood of Endfield, and remain I believe in the Possession of an Attorney in the City.
'However in Consequence of the Commands with which your Grace was pleased to honour me yesterday, I sent my Clerk immediately to the Attorney to acquaint him with the Commands, which I doubt not he will instantly obey. This I did from my great Duty to your Grace, for I have long had no Concern in this Affair, nor have I seen any of the Parties lately unless once when I was desired to send for the Girl (Canning) to my House that a great number of Noblemen and Gentlemen might see her and ask her what Questions they pleased. I am, with the highest Duty,
'My Lord,'Your Grace's most obedientand most humble Servant,'Henry Fielding.'Ealing; April 14, 1753.
'His Grace the Duke of Newcastle.'
'Endorsed: Ealing, April 14th, 1753
Mr. Fielding.
R. 16th.'
'My Lord Duke, I am extremely concerned to see by a Letter which I have just received from Mr. Jones by Command of your Grace that the Persons concerned for the Prosecution have not yet attended your Grace with the Affidavits in Canning's Affair. I do assure you upon my Honour that I sent to them the moment I first received your Grace's Commands, and having after three Messages prevailed with them to come to me I desired them to fetch the Affidavits that I might send them to your Grace, being not able to wait on you in Person. This they said they could not do, but would go to Mr. Hume Campbell their Council, and prevail with him to attend your Grace with all their Affidavits, many of which I found were sworn after the Day mentioned in the Order of Council. I told them I apprehended the latter could not be admitted but insisted in the strongest Terms on their laying the others immediately before your Grace, and they at last promised me they would, nor have I ever seen them since.
'I have now again ordered my Clerk to go to them to inform them of the last Commands I have received, but as I have no Compulsory Power over them I cannot answer for their Behaviour, which indeed I have long disliked, and have therefore long ago declined giving them any advice, nor would I unless in Obedience to your Grace have anything to say to a set of the most obstinate fools I ever saw, and who seem to me rather to act from a Spleen against my Lord Mayor, than from any motive of Protecting Innocence, tho' that was certainly their motive at first.3 In Truth, if I am not deceived, I suspect that they desire that the Gipsey should be pardoned, and then to convince the World that she was guilty in order to cast the greater Reflection on him who was principally instrumental in obtaining such Pardon. I conclude with assuring your Grace that I have acted in this Affair, as I shall on all Occasions, with the most dutiful Regard to your Commands, and that if my Life had been at Stake, as many know, I could have done no more. I am, with the highest Respect,
'My Lord Duke,'Yr. Grace's most obedientand most humble Servant,'Henry Fielding.'Ealing; April 27, 1753.
'His Grace the Duke of Newcastle.'
Endorsed: 'Ealing: April 27th, 1753.
Mr. Fielding.'
II
THE MURDER OF ESCOVEDO
'Many a man,' says De Quincey, 'can trace his ruin to a murder, of which, perhaps, he thought little enough at the time.' This remark applies with peculiar force to Philip II. of Spain, to his secretary, Antonio Perez, to the steward of Perez, to his page, and to a number of professional ruffians. All of these, from the King to his own scullion, were concerned in the slaying of Juan de Escovedo, secretary of Philip's famous natural brother, Don John of Austria. All of them, in different degrees, had bitter reason to regret a deed which, at the moment, seemed a commonplace political incident.
The puzzle in the case of Escovedo does not concern the manner of his taking off, or the identity of his murderers. These things are perfectly well known; the names of the guilty, from the King to the bravo, are ascertained. The mystery clouds the motives for the deed. Why was Escovedo done to death? Did the King have him assassinated for purely political reasons, really inadequate, but magnified by the suspicious royal fancy? Or were the secretary of Philip II. and the monarch of Spain rivals in the affections of a one-eyed widow of rank? and did the secretary, Perez, induce Philip to give orders for Escovedo's death, because Escovedo threatened to reveal to the King their guilty intrigue? Sir William Stirling-Maxwell and Monsieur Mignet accepted, with shades of difference, this explanation. Mr. Froude, on the other hand, held that Philip acted for political reasons, and with the full approval of his very ill-informed conscience. There was no lady as a motive in the case, in Mr. Froude's opinion. A third solution is possible: Philip, perhaps, wished to murder Escovedo for political reasons, and without reference to the tender passion; but Philip was slow and irresolute, while Perez, who dreaded Escovedo's interference with his love affair, urged his royal master on to the crime which he was shirking. We may never know the exact truth, but at least we can study a state of morals and manners at Madrid, compared with which the blundering tragedies of Holyrood, in Queen Mary's time, seem mere child's play. The 'lambs' of Bothwell are lambs playful and gentle when set beside the instruments of Philip II.
The murdered man, Escovedo, and the 'first murderer,' as Shakespeare says, Antonio Perez, had both been trained in the service of Ruy Gomez, Philip's famous minister. Gomez had a wife, Aña de Mendoza, who, being born in 1546, was aged thirty-two, not thirty-eight (as M. Mignet says), in 1578, when Escovedo was killed. But 1546 may be a misprint for 1540. She was blind in one eye in 1578, but probably both her eyes were brilliant in 1567, when she really seems to have been Philip's mistress, or was generally believed so to be. Eleven years later, at the date of the murder, there is no obvious reason to suppose that Philip was constant to her charms. Her husband, created Prince d'Eboli, had died in 1573 (or as Mr. Froude says in 1567); the Princess was now a widow, and really, if she chose to distinguish her husband's old secretary, at this date the King's secretary, Antonio Perez, there seems no reason to suppose that Philip would have troubled himself about the matter. That he still loved Aña with a constancy far from royal, that she loved Perez, that Perez and she feared that Escovedo would denounce them to the King, is M. Mignet's theory of the efficient cause of Escovedo's murder. Yet M. Mignet holds, and rightly, that Philip had made up his mind, as far as he ever did make up his mind, to kill Escovedo, long before that diplomatist became an inconvenient spy on the supposed lovers.