to the isle of wight, and thence to spithead and deptford, came in time the sybil of forty-four guns, captain charles winterton, and accompanying her, in the hands of a prize crew, the rose of devon frigate. there, bundling certain unhappy gentlemen of fortune out of the ship, they sent them expeditiously up to london and deposited them for safe keeping in the marshalsea prison, a notable hostelry which has harboured great rogues before and since.
in the fullness of time, the lord high admiral of england, "who holds his court of justice for trials of all sea causes for life and goods," being assisted by the judge of admiralty and sundry others, officers and advocates and proctors and civilians, was moved to proceed against the aforesaid gentlemen of fortune. so they heard their names cried in the high court of admiralty and were arraigned for piracy and robbery on the high seas and charged with seizing the frigate rose of devon, the property of thomas ball and others, and murdering her master, francis candle, and stealing supplies and equipment to the value of eight hundred pounds. nor was that the whole tale of charges, for it seemed that the lords of admiralty laid to the discredit of those particular gentlemen of fortune numerous earlier misdeeds of great daring and wickedness and an attempt to take his majesty's ship sybil, which had cost the lives of certain of his majesty's seamen and had occasioned his majesty much grief and concern.
he who read the indictment spoke in a loud and solemn voice, such as might of itself make a man think of his sins and fear judgment; but they were already cowed and fearful, save only the old one, who still held his head high and very scornfully smiled. the cook bent his head and shivered and dared not look the jury in the face. the carpenter wept and martin barwick was like a man struck dumb and paul craig kept working his mouth and biting at his lips.
there was a great concourse of people, for who would not seize upon the chance to see a band of pirates? but a very poor show the pirates made, save the old one; for though they had talked much and often of their valour and had represented themselves as tall fellows who feared nothing in life or death, they were now and for all time revealed as cowards to the marrow of their bones.
quietly and expeditiously the officers of the court swore their first witness, who smelled of pitch and tar and bore himself in such wise that he was to be known for a sailor wherever he might turn.
to their questions he replied with easy assurance, for he was not one of those fellows who cope with great gales and storms at sea only to be cowed by a great person on land. "yea, sir," quoth he, "there is among mariners common talk of a band of sea sharks that hath long resorted to his majesty's port of bideford. yea, my lord.—and have i met with them? that i have, and to my sorrow. this month two years i was master in a likely snow, the prosperous of three hundred tons, which fell afoul of that very company, as their boasting and talk discovered to us, who took our ship and set me adrift in a boat with seven of mine own men, whereby, god being merciful unto us, we succeeded after many hardships in winning to the shore of ireland, whence the grace of bristol bore us home to england.—the fate of the others in our company? in faith, some, i am told, joined themselves with that same band of sea sharks. the rest were slaughtered out of hand.—nay, my lord, the night was black and my sight of the scoundrels was brief. i much misdoubt if i should know them again."
"come, come," quoth his lordship, tapping the papers spread on his great table, "look at these prisoners gathered here at the bar and tell me if there be one among them of whom you can say, 'this man was there; this man did thus and so.'"
so the witness came, with the air of a man who is pleased to be seen of many people, and looked them over, one and all; but at the end of his looking he sadly shook his head. "nay, my lord, the night was dark and sight was uncertain; and though i should rejoice—none more than i!—to see a pirate hanged, i am most loath to swear away the life of an innocent man. there is no man here of whom i can truly say i have seen him before."
his lordship frowned and the proctors shook their heads; the prisoners sighed and breathed more freely. the tale was at an end, and bearing away with him his smell of pitch and tar the fellow returned to his place.
four witnesses were then summoned, one after another, and told tales like the first. one had been in a ship that was seized and sunk in bristol channel; the second had received a gaping wound in the shoulder off st. david's head, and had known no more until he found himself alone on the deck of a plundered flyboat; the third had fallen into evil company in plymouth, which beat him and robbed him and left him for dead, and from the talk of his murderous companions he had learned, before they set upon him that they were certain gentry of bideford; and the last of the four told of the murderous attack of a boarding party, which had taken a brig and tumbled him over the side into a boat. "yea, my lord," he cried, "and i fear to think upon what befell our captain's little son, for of all our crew only three men were left alive and as they sailed away from us three we heard the boy shrieking pitifully." one by one the witnesses wove with their tales a black net of wickedness, but they could not or would not say they knew this prisoner or that.
the judge frowned darkly from his bench and the people in the seats opened their mouths in wonder and excitement at the stories of robbery and murder. but the net was woven loosely and without knots, for thus far there had been no one to pick out this man or that and say, "it was he who did it." so the cook and the carpenter took heart; and the colour returned to martin barwick's face; and the old one, leaning back, still smiled scornfully. yet the judge and the advocates seemed in no way discouraged, from which the men of the rose of devon might have drawn certain conclusions; for as all the world knows, judges and advocates with a band of pirates under the thumb are, for the honour of the law, set upon making an example of them.
there was long counselling in whispers, then a bustle and stir, and an officer cried loudly, "come, make haste and lead her in."
a murmur passed over the court and the people turned their heads to look for the meaning of the cry. then a door opened and an officer appeared, leading by the arm a very old woman.
phil marsham felt his heart leap up; he saw martin raise his hand to his throat with a look of horror. but when he stole a glance at the old one, he saw, to his wonder, that the old one was smiling as calmly as before: truly the man was a marvel of unconcern and a very cool and desperate rascal.
"is this the woman?" quoth my lord the judge, who raised his head and lifted his brows to see her the better.
"yea, my lord."
"hm! let us look into this matter!" there was silence in the room except for the sound of shuffling papers. "this woman, commonly known as mother taylor, is to be hanged this day sennight, i believe."
"yea, my lord."
"and it hath been suggested that if she can lay before us such evidence as is needful, she will be commended to the king's mercy and doubtless reprieved from the gallows. hath all this been made plain and clear to her?"
"yea, my lord."
"hm! it appears by these papers, woman, that keeping a house to which rogues of all descriptions have resorted is the least of your crimes."
a strange, cracked old voice burst shrilly upon the still court. "'tis a lie, my lord! alas, my lord, that wicked lies should take away my good name, and i tottering on the edge of the grave!"
there were cries of "silence!" and the officer at the old woman's side shook her by the arm.
"and to continue from the least to the greatest, you have disposed of all manner of stolen goods, and have prepared slow poisons to be sold at a great price and have stained your hands with murder."
"alas, my lord, it is a wicked lie—!"
they shook her into silence, but her lips continued to move, and as she stood between the officers her sharp little eyes ranged about the court.
there was further counselling among the proctors, then one cried sharply, "come, old woman, remember that the hangman is ready to don his gown, and answer me truly before it is too late: on such and such a day you were at your house in bideford, were you not?"
"nay, sir, i am old and my wits are not all they were once and i cannot remember as i ought."
"come, now, on such a day, did not a certain man come to your house in bideford and abide there the night?"
"it may be—it may be—for one who keepeth a tavern hath many guests."
"look about you, old woman, and tell us if you see the man."
"nay, good sir, my wits wander and i do not remember as i used."
as philip marsham watched her hard face, so very old and crafty, he paid little heed to the low voices of the proctors and the judge. but the sharp command, "look this man in the face and tell us if you have ever seen him before," came to the erstwhile boatswain of the rose of devon like the shock of cold water to a man lying asleep.
they led her before tom jordan—before the old one himself—and the two looked each other full in the face, yet neither fluttered an eye. in all truth they were a cool pair; it had taken a solomon to say which of them was now the subtler.
"nay, my lord, how should i know this man? he hath the look of an honest fellow, my lord, but i never saw him ere this."
thereupon the officers exchanged glances and the proctors whispered together.
they led her before martin barwick and again she shook her old white head. "nay, my lord, i know him not." but martin was swallowing hard, as if some kind of pip had beset him, and this did not escape the notice of the court.
down the line of accused men she came and, though she walked in the shadow of the gallows, she said of each, in her shrill, quavering old voice, "nay, my lord, i know him not."
of some she spoke thus in all truth; of others, though she knew it would cost her life, she craftily and stoutly lied. and at last she came to philip marsham, whose heart chilled when he met the sharp eyes that had looked so hard into his own in bideford long before. "nay, my lord, he is a handsome blade, but i never saw him ere this." some smiled and sniggered; but the old woman shrugged, and lifted her brows, and stood before the court, wrinkled and bent by years of wickedness. say what you will of her sins, her courage and loyalty were worthy of a better cause.
in despair of pinning her down, they led her away at last to a bench and there she sat with officers to guard her. now she watched one man and now she watched another. often philip marsham felt a tremor, almost of fear, at seeing her eyes looking hard into his own. but though of the old woman the court had made nothing, the exultation that showed in the faces of some of the prisoners was premature, for the lords of admiralty had other shafts to their bow, as any gentleman of fortune might have known they would.
again there was a stir among the ushers, and in the door appeared one at whose coming tom jordan ceased to smile.
the fellow's chin sagged and his eyes were wild and he ducked to his lordship as if some one had pulled a string; and when they called on him to give the court his name he cried very tremulously, "yea, yea! joseph kirk, an it please you, my lord!"
"come now, look about you at these men who are arraigned for piracy. are there any there whom you have seen elsewhere?"
"yea, yea, that there be! there! and there! and there!"
"ah! hm! men you have seen elsewhere! tell us who they are." and his lordship smiled dryly.
"it is not to count against me, my lord? i have repented—yea, i have repented! 'twill not undo the king's pardon?"
the very judge on the bench gave a grunt as in disgust of the abject terror the fellow showed, and a murmur of impatience went through the room; but though he afforded a spectacle for contempt, they reassured him and urged him on.
"yea, yea! that one there—he at the end—was our captain, and tom jordan his name. it was he who led us against a vast number of prizes, which yielded rich profit. it was he and harry malcolm—why, harry malcolm is not here. huh! 'tis passing strange! he hath so often stole beside them, i had thought he would hang beside them too. yea, and as i was saying—let us consider! yea, yea, it was he and harry malcolm who contrived the plan for killing captain candle and taking the rose of devon. yea, they called me apart on the forecastle and tempted me to sin and forced me with many threats. he it was—"
tom jordan was on his feet. "you lie in your throat, you drunken dog! it was you who struck him down with your own hand!"
"nay, nay! i did him no harm! it was another—i swear it was another!"
"it seems," said his lordship, when they had thrust tom jordan back in his seat and had somewhat abated their witness's terror of his one-time chief, "it seems this fellow's words have touched a sore. go on."
"and there is martin barwick—nay, hold him! nay, if i am to go on, i must have protection!—and there paul craig and there our boatswain, philip marsham—" and so he continued to name the men and told a tale of shameful acts and crimes for the least of which a man is hanged. indeed, philip marsham himself knew enough of their history to send them one and all to the gallows, but he had not heard a tenth part of the story of piracy and robbery and murder and black crimes unfit for the printed page that this renegade pirate told to the full court of admiralty. the fellow made a great story of it, yet kept within a bowshot of the truth; but he was a villain of mean spirit and, though he did for the court the work it desired, he bought his life at cost of whatever honour he may have had left.
and then came captain charles winterton, who rose, bowing in stately wise to his lordship, and with a composed air and an assured voice very quietly drew tight the purse-strings of the net that joe kirk had knotted. in his grand and dignified manner he bowed now and then to his lordship and to the proctors, who asked him questions with a deference in their bearing very different from their way with the other witnesses.
"yea, these pirate rogues boarded his majesty's ship sybil and killed three of his majesty's men before they perceived the blunder they had made and gave themselves up.—how many lives did the boarders lose? probably twelve or fourteen. several bodies fell into the water and were not recovered. it was useless to hunt for them, my lord. great sharks abound in those waters.—yea, this thomas jordan led them in person. in truth, there is little distinction between them in the matter of guilt. the man marsham, whom the previous witness named a boatswain, was the first to board the sybil. he entered the great cabin by way of the stem, apparently to spy out the situation on board. he declared himself a forced man who had run away from the pirates. who could say? the situation in which he was taken was such, certainly, as to incriminate him; though 'twere cause for sorrow, since he was a brave lad and had given no trouble during the voyage home."
there was a great whispering among the people, who thought it was a shame for so likely a lad to hang with a pack of pirates. but it was plain by now to the greatest dullard among those unhappy gentlemen of fortune that hang they must; and for philip marsham, who sat as white as death from the shame of it, there was no slightest spark of hope. the net was woven and knotted and drawn, and the end of it all was at hand.
when, according to the custom of the time, they called on tom jordan for his defense, he rose and said, "alas, my lord, the ropes are laid that shall hang me. already my neck aches. this, though, i will say: whatever these poor men have done, it is i that compelled them into it, and i, my lord, will stand to answer for it."
some gave one defense and some another; and meanwhile there was much legal talk, dry and long and hard to understand. and so at last they called on philip marsham to rise and speak for himself if he had anything to say in his own defense.
he rose and stood before them, very white of face, and though his voice trembled, which was a thing to be expected since he saw before him a shameful death, he told them his true story, beginning with the day he sailed from bideford, very much as i have told it here. but when they asked him about affairs on board the rose of devon that concerned the others and not him, he replied that each man must tell his own tale and that though he swung for it he must leave the others to answer those questions for themselves.
"come," quoth his lordship, leaning forward and sharply tapping his table, "you have heard the question asked. remember, young man, that you stand in a place exceeding slippery. it shall profit you nothing to hold your peace."
"my lord," said he, "the tale hath been told in full. there is no need that i add to it, and were i to speak further i should but carry with me to the grave the thought that i had done a treacherous thing. though i owe these men for nought save hard usage, yet have i eaten their bread and drunk their wine, and i will not, despite their sins, help to hang them."
it was doubtless very wrong for him to reply thus, as any moralist will point out, since it is a man's duty to help enforce the laws by bringing criminals to justice. but he answered according to his own conscience; and after the craven talk of joseph kirk, the lad's frank and honest statement pleased perhaps even my lord the judge, sitting high above the court, who frowned because his position demanded frowns. surely loyalty ranks high among the virtues and great credit is due to a keen sense of personal honour. but there then came from his talk a result that neither he nor any other had foreseen.
up sprang tom jordan. "my lord," he cried, "i pray thee for leave to speak!"
to the frowns and chidings of the officers who forced him down again, he paid no heed. a tumult rose in the room, for they had hurled the old one back and clapped hands over his mouth; but out of the struggle came again the cry, "my lord! my lord!" and his lordship, calling in a loud voice for order and silence, scowled and gave him the leave he asked.
as martin had said long before, tom jordan was an ugly customer when his temper was up and hot, but no man to nurse a grudge.
"i thank you, my lord," said he, the while smoothing his coat, which had wrinkled sadly in the scuffle. "though i must hang i desire to see justice done. it lay in the power of this philip marsham to have added to the tale of our sins and the sum of our woes; wherefore, since he hath had the spirit to refrain from doing thus, why, my lord, i needs must say that he hath spoken only the truth. he was a forced man, and having a liking for him, since he is a lad of spirit, i would have had him join us heart and soul. 'tis true likewise that he ran away from our ship and turned his hand against us, and for that i would have let him hang with these other tall fellows but for the brave spirit he hath shown. but as for yonder swine—yea, thou, joe kirk! quake and stare!—he hath done more mean, filthy tricks to earn a hanging than any other gentleman of fortune, i believe, that ever sailed the seas."
"not so, my lord!" joe kirk yelled. "he fears me for my knowledge of his deeds! help! hold him—hold him!"
tom jordan swore a great oath and joe kirk leaped up in his seat, white and shaking, and cried over and over that it was all a lie, and there was a merry time of it before the attendants restored peace.
and then, to the further amazement of all in the court, captain charles winterton again rose.
"if i may add a word, my lord? thank you, my lord. i observed that when the prisoners went below their manner toward this man marsham was such as to lend a certain plausibility to his story. they took, in short, so vindictive a delight in his misfortunes that even then it seemed not beyond reason that his tale was true and that he had indeed left them without leave. that, of course, proves nothing with regard to his being a forced man; but it is a matter of common justice to say that, in consideration of all that i have seen before and of that which i have this day heard, i believe he hath told the truth both then and now. thank you, my lord."
such a hullabaloo of talk as then burst forth among the spectators, and such learned argument as passed between the proctors and the lieutenant of admiralty and his lordship the judge, surpass imagination. some quoted the latin and the greek, while others of less learning voiced their opinions in the vulgar tongue, so that all in all there was enough disputation to fuddle the wits of a mere layman by the time they gave the case to the jury.
then the jury, weighing all that had been said, put together its twelve heads, while such stillness prevailed in the court that a man could hear his neighbor's breathing. it seemed to those whose lives were at stake that the deliberations took as many hours as in reality they took minutes. there are times when every grain of sand in the glass seems to loiter in falling and to drift through the air like thistledown, as if unwilling to come to rest with its fellows below. yet the sand is falling as fast as ever, though a man whose life is weighing in the balance can scarcely believe it; so at last the jury made an end of its work, which after all had taken little enough time in consideration of the matter they must decide.
"you have reached with due and faithful care a verdict in this matter?" quoth his lordship.
"we have, my lord."
"you will then declare your verdict to the court."
"of these fourteen prisoners at the bar of justice, my lord, we find one and all guilty of the felonies and piracies that are charged against them, save only one man." in the deathly silence that fell upon the room the name sounded forth like the stroke of a bell. "we acquit, my lord, philip marsham."
there and then philip marsham parted company with the men of the rose of devon. his hands shook when he rose a free man, and when many spoke to him in all friendliness he could find no voice to reply.
never again did he see their faces, but he heard long afterward of how, a week from the day of their trial, they went down the river to wapping in wherries, with the bright sun shining on the ships and on the shore where a great throng had assembled to see them march together up the stairs to execution dock.
though they had always made themselves out to appear great and fierce men, yet on that last day they again showed themselves cravens at heart—except tom jordan. the old one, stern, cold, shrewd, smiled at his fellows and said, "it is to be. may god have mercy on me!" and though he stood with the black cap over his eyes and the noose round his neck, he never flinched.
as for martin barwick, his face grey with fear, he strove to break away, and cried out in english and in spanish, and called on the virgin. sadly, though, had he fallen from the teachings of the church, and little did his cries avail him! he came at the last to the end he had feared from the first; and his much talk of hanging was thus revealed to have been in a manner prophecy, although it sprang from no higher oracle than his own cowardly heart.
one told philip marsham that mother taylor was hanged; another said they let her go, to die a natural death in the shadow of the gallows that stood by the crossroads in her native town of barnstable. either tale is likely enough, and phil never learned which was true.
for aught i know to the contrary, she may have found an elixir of life as good as the one discovered by the famous count de saint-germain, and so be living still.
whatever the end she came to, phil marsham was far away when they determined her fate. for the day he stepped out in the streets of london, a free man once more and a loyal subject of the king, he took the road to the distant inn where he was of a mind to claim fulfillment of nell entick's promise.
