Chapter 18 #2
Elizabeth sat with Jean to her right and Lord Middlesex to her left. She was so nervous that she wrung her hands together again and again.
What if they found Jonathan guilty? Would they hang him? Treason was a hanging offense, but they couldn’t do anything like that to her Jonathan—they just couldn’t!
Jean leaned over to her. “It is hard to trust a man who wears a powdered wig and rouge.” He rolled his eyes. “Mon Dieu, everything in here is red.”
Elizabeth glanced at Jean. “It is the way our courts work. The Assize judge only oversees the worst cases.”
“Well, I’ll be damned,” Lord Middlesex said from his place on her other side.
“What’s wrong?”
“Perhaps nothing. The judge is George Surrey,” Lord Middlesex said with a smile. “He’s an old friend of mine.”
“Oui, my friend, things may be looking up,” Jean added.
Jonathan couldn’t remember when his nerves had been stretched so tight. He couldn’t seem to sit still as he paced back and forth in his cell. He felt as if he were standing on the edge of a cliff and one wrong step would send him to his death.
He had no idea what today would bring, but in a way, he was almost glad to have the trial at hand.
Each day that he remained caged, he became more like an animal, eager to escape.
And one way or the other, he was getting out of Newgate.
He just hoped it would be as a free man and not as an executed criminal.
He clenched his fists tightly at his sides. If Stanley dared hit him again with that damned stick, Jonathan swore he would kill the man. Then they could add murder to his other charge of treason. It might be worth the price.
Jonathan glanced at the window. He had been digging at the wall a little each day to remove the dry cement, trying to loosen the bars. If escape was the only way he was going to get out of Newgate, then so be it.
Strange and disquieting thoughts began to race through his mind, and he continued to pace.
Damn, he was tired. Sleep had eluded him the past two nights, and he was almost too weary to think.
Every time he closed his eyes, he saw Elizabeth.
She had told him to trust her. But how? And why did she keep running away?
The last time he had seen her, he’d wanted to hold her so badly.
Instead, he’d given her a punishing kiss.
The hinges of the door creaked as it opened, and Stanley entered with chains dangling from his hand. “It’s time to go, Yer Lordship.” He held the irons up. “Have to put these on ye first.”
Jonathan hated the notion of being chained, but figured he’d best go peacefully. He extended his arms. “Where do we go from here?”
“I’ll take ye to the Old Bailey, where ye’ll be held in another cell underneath the courtroom until you’re called,” Stanley muttered as he snapped the hated iron around Jonathan’s wrist. He shoved Jonathan forward. “Let’s go.”
Jonathan walked in front of Stanley, who seemed to take pleasure in prodding him with his stick. They moved down several hallways until they reached the holding cell. Stanley paused and unlocked the door for Jonathan.
The cell was nearly full with a teeming mass of unwashed bodies. Jonathan turned to Stanley for an explanation.
“They call ye to the courtroom in groups of twelve to hear yer pleas. I’ll see ye after the trial,” Stanley said and shoved Jonathan forward.
Jonathan stepped inside and found a place to stand and wait. He stood with his back to the wall, observing the other men. Some of them looked as rough as Jean’s pirates. A few were scared. Some just stared, but all remained quiet.
It was amazing how subdued this group of men was. The sound of keys jingling down the hall could be heard. Jonathan turned, but the guard kept going. Leaning against the wall with his shoulder, he willed himself to relax as he waited.
Finally, the bailiff came for the next group. Relieved that something was finally going to happen ... he was also worried. But Jonathan marched out with eleven other men, wanting to get the trial over as soon as possible.
When they entered the courtroom, Jonathan immediately scanned the room. He saw his father, Elizabeth, and Jean. My God, Jean Lafitte in England! What a miracle! That actually brought a smile to Jonathan’s lips as he nodded to his friend.
The prisoners approached the bench and waited. The clerk stood and read the names of all present, including the other county officials, sheriff, and mayor.
As Jonathan’s gaze wandered to the gallery, he could see the people peering above each other to see his face. A titled gentleman being tried was indeed a spectacle.
“Court is in session,” the clerk announced, then looked at the prisoners and said, “When your name is called out, please identify yourself by raising a hand. Then plead guilty or not guilty to the indictment against you.”
One by one, the names were called off until they finally came to Jonathan. “Jonathan Hird, the Earl of Longdale. The charge is treason. How do you plead?”
Jonathan raised his hand. “Not guilty.”
“And how would you be so tried?” the clerk asked.
“By God and my country,” Jonathan said.
“So be it.” The clerk nodded to a guard, who hurried over and removed Jonathan’s fetters. He rubbed his wrists and stepped to the side to await his turn.
“Show the jury in,” the clerk instructed the guard.
Jonathan watched the jurymen file past him to their seats. He studied them, wondering how his fate lay in their hands. Would they be able to tell that he was innocent or would they believe the informant and find him guilty?
The proceedings began in rapid succession while the other cases were tried, one by one. Jonathan wondered what chance he had.
The jury heard each case and passed judgment before proceeding to the next prisoner.
They didn’t even retire to discuss the cases.
The foreman simply took the consensus of the jury and the decision was reached.
Jonathan could glean nothing from the jurors’ faces.
They might as well have been made of stone.
They found the eleven men ahead of him guilty, so Jonathan had a grim feeling about his own case.
Finally, Jonathan’s turn came. He was instructed to stand on a platform within a small enclosure directly in front of the Assize Judge.
The clerk again announced, “This is Jonathan Hird, the Earl of Longdale. The charge is treason, Your Honor.”
“Who represents this man?” the judge asked.
The barrister stood. “I do, Your Honor. Edward Turner.”
“Would the prosecutor please explain the charges against the man?” Judge Surrey asked.
The prosecutor, a thin man with wire-rimmed glasses perched on the end of his nose, stood. “A witness has come forth and accused Earl Longdale of fighting against the crown at the Battle of New Orleans.”
“And where is this witness?” the judge asked.
“In the hallway, sir.” The prosecutor motioned toward the doors. “He is waiting for a guard to bring him in.”
Elizabeth heard the door open, but that was the only sound as silence fell over the room.
Her heart thrummed against her ribs, beating a hundred times faster than it should.
She began to feel faint as the witness came down and stood on the platform opposite Jonathan.
She could tell the man wore a naval uniform, which would be reasonable since he was at the battle, but she couldn’t quite see his face from this distance.
“State your name,” the prosecutor said.
“Captain Henry Lee of Her Majesty’s Navy,” Lee said in a raspy voice.
Elizabeth clutched her throat and grabbed the arm of her chair for support. No! This couldn’t be possible! Lee was dead! Jewel had told her that he’d drowned. Elizabeth shivered as cold ran through her body.
“The slimy bastard lives,” Jean muttered under his breath.
When Lee turned to look at Jonathan, Elizabeth saw the ugly scar. If she had held a gun at this very moment, they wouldn’t have to worry about the witness. He would have been dead as he was supposed to be, rather than standing there looking like the picture of health.
“Please state in your own words what you saw,” the prosecutor requested.
Lee cleared his throat, looked at Jonathan, then back to the judge. “When the battle took place in New Orleans, Jonathan Hird was on the American side, not his own country’s. I saw him myself. He is a traitor and deserves to hang.”
Before Elizabeth could stop herself, she jumped to her feet “That is a lie!” she shouted.
Suddenly, everyone’s gaze rested upon her, and scores of questions filled the air. Even the marquess tried to pull her back down. But she’d have none of it. She would not let Lee get away with this slander he spurted forth, especially when he’d been on a ship and not involved with the battle.
That was when he’d held her for ransom. He could not have seen who was on which side of the Battle of New Orleans.
Judge Surrey folded his arms, leaned on his desk, and glared down at Elizabeth. “I don’t hold with such outbursts in my courtroom.”
“But Captain Lee is lying,” Elizabeth persisted. “He was nowhere near the battle. He had deserted the British himself in search of treasure.”
The judge looked at the prosecutor and frowned. “This is very irregular, but I would like to hear what the lady has to say. Please remove Lee, and hold him. Young woman, step forward.”
Elizabeth wasn’t quite sure that she could move. Jean squeezed her hand and urged, “Go ahead, cherie.”
She managed to make her way to the stand, assisted by Edward Turner.
“State your name,” Judge Surrey said in a loud, forceful voice that made Elizabeth feel as if she were guilty. She would have to choose her words carefully to keep from revealing her own terrible secret. She would hate Jonathan to hear it this way.
“My name is Elizabeth Trent. My brother is Adam Trent the Duke of St Ives.”
The judge nodded as he recognized the name. “Tell us what you know.”
“My brother has property in New Orleans, which is the reason Jonathan was visiting. New Orleans had not been involved in the war at that time. Jonathan and my brother were discussing shipping business when the war broke out.”
Elizabeth swallowed hard. She was really stretching the truth, but she’d never let Lee get away with his lies.
“My sister-in-law, Jewel, had a treasure map. Lee wanted it but he couldn’t get to Jewel.
So, he waited until I rode off our land.
Then his men kidnapped me and took me to Lee’s ship where I was held until he could exchange me for Jewel. ”
The prosecutor spoke up. “That doesn’t mean Captain Lee deserted.”
Elizabeth looked at the judge. “If you’ll please let me finish.”
The judge nodded.
“Jewel told me the rest of the story. They sailed to a small island to find a treasure chest worth a king’s ransom while the battle raged.
Jewel could hear the fire from other ships as they sailed by, so she knew a battle was going on, but there is no possible way that Lee could have seen Jonathan.
Jonathan was on shore, shot by the British, and unable to fight with anyone. ”
Silence settled over the courtroom. Elizabeth felt her legs shaking as she glanced at Jonathan, who was gripping the rails so hard that his knuckles had turned white. What was he thinking?
“She is lying, Your Honor,” Lee spoke up. “I have served His Majesty well.”
Judge Surrey gazed at the two men on either side of him. Finally, he leaned over and whispered something to one of them, then listened to his reply. “This is highly unusual,” the judge said and frowned.
Elizabeth swallowed. She could tell the judge that she had definitely told the truth, because she had a child to prove it. However, she didn’t want to bring Dawson into this proceeding if she didn’t have to. She waited to see what the judge said.
“In light of these new circumstances, I need to take everything under consideration before we proceed.” The judge rose.
“We will adjourn this case until tomorrow at ten o’clock and a verdict will be issued at that time.
Take the prisoner to his cell and hold Lee in custody until the matter is settled. ”
Elizabeth watched the guard take Lee by the arm. Before he was led out, Lee turned and glared at her. He was close enough for her to hear him say, “You’ll regret this day.”
She already did.
Jonathan was escorted past her also, but stopped and smiled his thanks. “Thank you for speaking on my behalf,” he whispered. “Bring Jean to see me right away,” Jonathan said as the guard urged him on.
He seemed to want to tell her something, but the guard wouldn’t let him stay.
Elizabeth’s voice had somehow left her, but she managed to nod. Then she went back to the marquess and Jean.
“That was a brave thing for you to do, young lady,” the marquess said, drawing her to him for a big hug.
“Lee was lying, Lord Middlesex. Lee is the scum of the earth,” she said, more to herself than to Middlesex. “What do you think they will do?”
“I’m not sure. The evidence is compelling, but no conclusion. They could hang them both or leave them to rot in prison forever. We must pray that Surrey makes the right decision,” the marquess said in a low voice. “I’m a bit tired. I’m leaving. Are you coming?”
“I want to see Jonathan first, so we’ll stay,” Elizabeth admitted.
“And I will go with her,” Jean said. “Are you ready to go?”
Elizabeth nodded, and they left the courtroom together.
“Mon Dieu, I cannot believe that slimy bastard lives. I wanted to kill him myself when we were on the island, but Jewel said he’d drowned, and I never doubted her. Somehow, he must have escaped his watery grave. But this I guarantee—Lee will not so easily escape the next time,” Jean vowed.