Garrow's Law: Tales from the Old Bailey (2009) s02e02 Episode Script
Series 2, Episode 2
Do you have any witness to speak on your behalf? I will.
Lady Sarah! You did not send word of your return to London.
I have a son now, Samuel.
I wish you well in your happiness.
What do you think of his appearance? Very handsome, in the way of his father.
I have been faithful to you! Why does your husband disown you? He insists that I love you.
He means to cut you off financially.
You are served with a writ in the name of Sir Arthur Hill.
For the act of criminal conversation with the plaintiff's wife.
David? Please look up, please look at me Was a crime committed here, a crime against you? If so, then we must go to the magistrate.
And bring it out in public? I could not.
You cannot be silent about such an injustice! At least I would not have to share my shame.
And let the man be immune? And let him escape his punishment? Why would you wish that for him? I should not wish that for such a man.
I did come upon your distress.
And his guilt.
I did see the very crime in his face.
Yes.
The fault is not with you.
Our marriage shall not suffer for it.
Of course not! I am your wife.
And you have been ill used.
Criminal conversation is nothing more than a euphemism for Sexual intercourse with another man's wife.
Quite.
You are embarrassed because you think it so, Mr Southouse? He flushes merely at the term, not contemplation of the act.
Which he could not, I have not lain with you.
I recollect that to be so.
Hill has hired a man called Farmer.
He did serve writs upon us both.
He is a poison.
Garrow's value is negligible.
He is not a gentleman.
Some property in Pegwell Bay inherited from his late parents His ability to pay is not the issue.
Quite.
As Judge Kenyon is fond of saying, "If a man cannot pay with his purse, he must pay with his person".
The sum Hill seeks may land you in Debtor's prison.
Then I must away to the Old Bailey to earn a guinea.
Have I not got through to you? His claim will not succeed because he will have no claim to fact! The truth will overcome my husband's malice.
A high-born gentleman finds himself dishonoured by the loss of his wife's comfort and society, and seeks damages accordingly.
Verdicts at the King's Bench are based on no more than circumstantial evidence.
Hill does not have to prove the direct fact of adultery.
A suggestion that illicit sex had probably taken place will suffice, if the two are closeted together in private And you can contrive a means to have them so identified together? I take pride in my experience in such matters.
Therefore you must take great pains not to be identified together.
You must keep apart.
A note of my charges, Sir Arthur.
10% of any damages awarded You cannot take this lightly! They mean to ruin you.
Mary! What are you about? To the mistress, sir.
Under whose instruction? Lady Sarah ordered me, she wants her clothes.
Fresh clothes sir.
She's at the hotel and has no other.
They are no longer her clothes.
You obey only my orders.
Do you understand? Yes, sir, I am most sorry.
I did not know.
Put them away.
Mary was your wife's personal maid? And still loyal to her? Apparently.
What of my son in all this? What of Samuel? You shall be reunited with him.
The Royal Hotel, driver.
Yes, sir.
I wish to know everything.
Particularly if she does have visitors.
But also when she leaves, when she stays, what she does in her room.
The stains upon her undergarments, the contents of her pot.
Send the chambermaid to me.
When you came there, describe what persons you found there, what things? We pushed our way into the hovel and went to an upstairs room much blackened by smoke and most hot.
We did see Thomas Harris throw a mould used for coining from the window.
No! This is lies, sir! I saw the instruments of their trade and perhaps 20 shillings lain in the street.
Liar! Thomas Harris's hands were in a state of work, black.
So were Phoebe Harris's.
Most dirty.
I found ten shillings on the mantelpiece.
Base wretch! You villain! No good can come from such oaths, madam! Were you able to recover items from the street? A broken mould, and we think also, there were tools and other coins discarded, but they were taken.
Lies, sir! All lies! Mr Garrow.
Mr Garrow? Mr Farmer.
I thought I did detect the whiff of sulphur.
You have come to spy on Garrow, no doubt, your quarry.
Perhaps you may even find it enlightening to see how a true man of the law performs his duty.
I came upon a very sad scene.
A loving young couple cleaved together in terror, facing the penalty of the law for their venal transgressions.
And now they do fight for their lives, both facing their extinction.
And their only defence is that lies are told about them.
I fear their chances are slim.
I fear their base vice to be exposed.
You will never find them together.
I have warned them.
You cannot repel desire, Mr Southouse.
No, no! The court awards that you, Thomas Harris, be led to the gaol from whence you came, and thence to the place of execution, where you are to be hanged by the neck until you are dead.
The court awards that you, Phoebe Harris, are to be led to the gaol from whence you came, and thence to the place of execution, where you are to be burnt NO! .
.
with fire until you are dead.
No! No! No! You can't! Her to be burnt.
Him to get the relative mercy of the rope.
Unequal punishment.
But that's the lot of women, is it not? Will, there was little prospect of acquittal.
As in my own case, Mr Southouse? Not if you heed my advice.
Farmer will employ spies.
Any meetings with Lady Sarah, however innocent, will be twisted in court.
And is Lady Sarah innocent of some knowledge concerning Samuel? I saw how you looked on at Milk Street.
She may never see the child again.
The fact that she is the child's mother is meaningless in law.
The child is Hill's property I must go to Hill.
You must not! You think he will be moved like a jury by your persuasion? You will simply provoke him.
Provoke him into sense, into reason! The whole prosecution is in the realm of the absurd.
Will I have a case.
It is a hideous thing to be accused of.
An utter corruption.
Imported by our spindle-shanked gentry from Italy, I believe.
Thank you for the potted history, Mr Southouse.
Would you care for some gin? The jailer can supply nothing better.
Some comforts here but I assure you I am not comfortable.
I have a reputation in society that I do value, it will be entirely done away with if this accusation prevails.
David Jasker, a mere acquaintance, a tradesman I do patronise with my business, the man who mends my shoes, for God's sake, and now my accuser, the harbinger of my disgracemy death! Forgive my agitation.
I do apologise.
Apology is not necessary.
It becomes a man who has been wronged.
You do see that? The cobbler, David Jasker? You have known him long? Six months or so.
Simply by virtue of the fact that I did initially frequent his shop.
Initially, the acquaintance progressed from there? What I suppose is that we did converse politely in the way a tradesman would address a customer and vice versa and as my custom became regular, I became more familiar with him.
And his wife.
And what did you speak of? The weather.
Whatever scandal graced the newspapers that day, the state of their business.
Somewhat parlous.
I mean I do wonder why Jasker, as your cobbler and mindful of your status, is so candid with you.
Would confide such information to you, however many pairs of shoes you may bring to his attention.
I cannot say.
Merely that he did say.
And why do you think he has accused you? I wish I knew.
And tell us of the last encounter between you.
A silver buckle had detached from my shoe.
Isabella sent me downstairs to the workshop.
He told me he that he was unable to fix my shoe immediately and was altogether in a state of some agitation.
And you did comfort him? I demanded he venture some explanation for his rudeness.
Which he did provide.
Creditors were daily at his door, the shop in danger of being lost.
He then began to cry.
I was discomfited, embarrassed by such a display and thought to put a hand on his shoulder by way of consolation.
I think you will agree that a hand on another man's shoulder is anatomically and by degree some distance from sodomy.
And following this? His wife comes upon the scene of this iniquity.
I leave abruptly, his distress best tended to by his wife, an intimacy in which I should not intrude and had no wish to.
Some time later, I find the runners at my door.
I am not convinced.
You think him guilty? He is your client! I say I am not convinced.
I find in matters of sodomy that it is safest not to embrace the client's innocence but better to hold a view at arm's length, as it were.
For there is no smoke without fire? You think him innocent? Yes.
And I also think him a liar.
Good day, sir.
Madam.
Your wife send you on an errand? Alas she cannot.
She is late of this world.
But I have a need to see these shoes of hers repaired.
A man's attachment to his wife, there's no better sentiment.
I'm sure my husband can restore these to good health.
So busy are we that I may attend to your shoes immediately.
I thank you for that but I have appointments that press and so cannot wait.
Then later.
Your wife speaks highly of your craft.
I'm indebted to her for her faith.
Come by this afternoon, sir, and you'll see his facility with a knife and stitch.
As I do every day.
No time like the present.
I could have had you sent away.
Then you would know you had ducked me and had been cowardly.
I merely indulge you.
Speak.
Your wife will have her name prostituted in a public court.
Then see it consigned to the shorthand writers of the public press and from thence into the throats and lungs of the hawkers.
It shall be trumpeted to all until we are stunned.
That you are the treacherous seducer of another man's wife is a tune that must be played very loud.
You are portrayed as a cuckold? You are content for that? I have thought on it.
And decided that my discomfort is worth your exposure.
Withdraw the writ.
I come here merely seeking that.
For the good of us all.
And let you walk merrily back into the Old Bailey, when every day I must sit here and watch the child grow bigger? The child that is not mine, but the foul fruit of your association! You are intent on avenging a fiction! This is a play you have written, a dumb show you have put on! You have replaced me in my wife's affection.
You have deprived me of her loyalty.
Is this imaginary? I look and I cannot see her in my house.
Is that perception false? You cast her out.
I have lost my wife! To you! And now seek to remedy it as if she were chattel! Compensated for your loss in pounds.
Am I to pity her position? With her body, she has betrayed me twice, with you and with what it was for.
To provide and preserve a birthright.
To give me a child who is legitimate.
She would dearly love to see the child soon.
She shall not be given that comfort.
Then at least allow her maid to attend her at the hotel where she stays with but one outfit.
Neither shall she have that comfort.
You bring this action because you think you are dishonoured, that there has been some outrage of disrespect.
But you cannot understand respect because you cannot give it.
The verdict shall be the truth! Who is it? Hello? All the time I have been in position at the Royal Hotel, Garrow has not come near.
And it is quite clear from my exchange with Lady Sarah that they have had the benefit of the advice of the attorney, Southouse.
Let me be clear.
You do not have to burst through a door and discover them in flagrante.
No, sir.
I must simply find someone who can identify them together and testify as to their intimacy.
The hotel staff are willing but have not I am not interested in your difficulties, Mr Farmer, only in your progress in my case.
Jasker accuses you of an unnatural crime against him and you tell me you do not know why he does so.
Yet I think you lie.
If I am to be your counsel, I must hear the truth from you.
Do you doubt me, sir? I doubt not your innocence but your experience of Jasker.
You are unmarried? I am.
And live alone? Yes, again.
And therefore vulnerable to this particular sort of blackmail.
Have you given money to David Jasker? Yes.
On how many occasions? Several times.
Why? His business was in need of some support.
When I ask why, I think you do me the honour of a more truthful reply.
It is as you say.
Blackmail? If I did not pay he would take me before a magistrate and accuse me of an attempt to commit a bestial act.
Now we have it! Yes.
And now we have our defence.
I did refuse his last request.
Of course.
And this goes better than mere defence.
This will serve to see him indicted in turn.
Jasker to be put in the dock? It is not merely blackmail but robbery.
But is my denial not enough? My word as a Gentleman, no, it is not.
If Mr Garrow can establish the parlous state of the business and expose his threats in court, you would not be happy with that? Maria.
Mr Garrow, Mr Southouse, my beloved fiancee, Maria Reader.
Mr Garrow, you will stop this calumny, this assault on his reputation.
We have just made some great progress here.
There is a defence now.
I have owned to the blackmail begun against me by Jasker.
Good.
Robert should not forego his life for the sake of his embarrassment.
And I think his defence will be strengthened by association with you.
You will speak on his behalf? I would insist on it.
I would not wish to be indelicate but in court I would need you to attest to the normality of his appetites.
I make no complaint in such matters.
Ask the shoe-mender if he is a blackmailer.
He may then be ready to drop the case for fear of his own prosecution.
From what I saw, I doubt if it will be his decision.
By which you mean? She leads him.
My handsome shoe-maker, my husband.
Don't distract me from my business.
You will allow me to.
You are yourself again.
You, you are also footman and butler here now? I did spy you from the window and took the liberty of opening the door to you.
Then you may announce me to my husband.
Your business? My business? I wish to see my son.
You may not.
My husband's attorney will not deprive me of him.
Your husband's attorney knows the law concerning that which you are deprived of.
Then you will at least show him to me.
So that I may know that he is well, and that he might know me still.
I think that a crueller prospect.
And for your own sake, madam, I will not allow it.
I am sorry.
I do entreat you! I beg of you.
I cannot help but admire her dignity.
I think, sir, that an opportunity now presents itself.
I do not wish to know, simply take it.
You do indeed have a gift, sir.
They are so renewed that I can imagine my wife to step into them.
You spin gold from nothing, Mr Jasker.
I do? Come now, you are too modest.
Do you not turn your modest acquaintance with Captain Jones into payments most immodest? Who are you, sir? I am attorney for Captain Jones.
And you will be accused of blackmail in court.
And so find yourself in the dock.
I blackmailed no-one.
The money was given freely.
You will pay my husband, sir, and kindly go.
And you may wish to discuss with your husband the wisdom of his prosecution.
In the light of what is now known.
Why are you distressed? She was my mistress.
And she was in despair.
You think her in need of company? Sir Arthur will allow me to go to her? Answer me this.
Has Lady Sarah ever written to Mr Garrow before? She would not have dared to.
You shall go to her.
But first you shall go to Mr Garrow.
Sir? You are Lady Sarah's maid, you will trust that the letter comes from her.
And the purpose, sir? You are not to question the purpose.
You are not to question anything whilst Sir Arthur employs you.
But you do not, sir(!) I perform my duties for Sir Arthur as he wishes me to and one of them is to ensure that you obey me and thus continue in employment here.
Pack a bag for your mistress, the things that she did send for, so that I may take it to the Royal Hotel.
You will meet me there.
Why so? He gave you money? Severally? There was never blackmail.
Why did you not tell me of the payments? Your husband's business fails.
You think I have no pride? Then there is some deeper acquaintance than I had thought.
It was merely a loan! He is a wealthy man and I suppose I did make it plain how the trade suffered.
And giving these payments hehe assumed some entitlement over you? He did start to become very familiar in the way he spoke to me.
Improper.
And thought that you should bestow him with some favour in return.
And bought some right to you and denied it, made his assault.
He is very arrogant.
And is such arrogance sends his solicitor so that you will bend to his will again.
Well, that shall not happen! You have been very naive, my darling.
An innocent in the face of a man such as that.
KNOCK AT DOOR Who is it? It is I.
This is reckless.
In the circumstances, I cannot blame you for wishing it.
I wish it but would not request it.
Certainly not in the face of the ferocity with which Mr Southouse forbade it.
I do not understand, Mary brought your request.
KNOCK AT DOOR Mistress, I did bring the clothes you asked for.
Sweet girl.
You brought a letter from your mistress to me? I must go now.
I disobey Sir Arthur.
I am truly sorry.
She's not in your service again.
I fear she is in the service of Farmer.
Did they touch, kiss? No, sir.
You are to testify in court that they did hotly embrace.
And if I will not? You will lie for your sister's sake.
If she is to have a future, I will not go to the magistrate and say she stole from me.
And she will be saved from hanging.
A second time.
The first by Garrow.
The second by you.
And Sir Arthur will employ her.
They will use her as a witness in my trial.
Well, it is our trial.
It is an action exclusively between Hill and myself.
You mistake me.
Legally, you do not exist.
You have certainly not imagined me.
But now your husband's imagining will be presumed as fact.
And we shall be ruined for it.
For a pleasure we have yet to take an intimacy we still do not know.
And think you therefore we should no longer be innocent of what they say we are guilty of? It would be the most exquisite defeat.
I cannot accept that we become what they say of us.
That morally we hand them the case.
And therefore we cannot have What we crave.
LAUGHTER Mr Southouse.
What scene lies within? They're waiting to be married.
Married? They'll be married as soon as the beds become unoccupied.
Then the rites of marriage can be performed.
And you officiate here, as it were? I keep a convivial house.
I'mmother.
Mr Southouse, I think you have another question you want to ask.
I merely search for the words to formulate it.
Have you been deceived? Have I deceived you? Has Captain Jones? There is a healthy relationship between you? You are truly engaged to be married? The relationship between myself and Captain Jones is extremely healthy.
We're the dearest of friends.
Friends? As for marriage Yes? Robert's often been married.
I do not understand.
He's been many a man's husband.
If you tell me this, then any defence is not only undermined, it is broken.
I tell you that I will honestly testify that I have also enjoyed his company.
Carnally.
That is A truth if not THE truth.
But is that not the kind of truth you require from me in the way of his defence? She is a mask for Captain Jones and runs a Molly house! And to make matters worse, it seemed I was taken for a A macaroni? Aagh! I am confounded by all of this.
I believe it true that she has enjoyed him.
Our defence involving her was clear.
That he was too fond of a pretty girl to fall into sodomy.
But it appears that despite the pretty girl, he still does so.
And mainly.
We cannot defend him.
We are not required to defend him for his propensity but for a crime he says he did not commit.
And you still believe it so? You have seen Jasker and his wife together.
You believe them to be sincere? I do not think I do.
Then perhaps there is a narrative not so simple here.
It is certainly not blackmail.
I would only warn you that the law on buggery is not grey.
And here, more than in any other, favours the accuser.
We have some difficulty.
In that we are in possession of some evidence about you that if you should choose to be truthful, means that we cannot defend you.
And similarly if you do not choose to be truthful then we cannot trust you.
I see.
A way out of this difficulty is that rather than discuss the particularities of this case, I will put a hypothetical one to you.
By all means.
Let's suppose a situation where a man is of the sodomitical tendency.
Why would we do that? Let us suppose such a thing.
For the purposes of argument.
Very well.
Let's suppose that this man is of some little wealth, finds another man of the same tendency.
They form an attachment, an utterly consensual relationship and with it a friendship.
One where money is lent freely.
We have, I think, already been somewhat down the road of that scenario.
Continue.
They meet regularly, but they are aware that the law would treat both of them harshly should they be found out.
They risk their lives.
And discovery.
Which comes to pass.
They fear for their exposure which will mean their lives.
And one of the men betrays the other.
He claims he was most grievously assaulted against his will.
Such a situation could turn friends into enemies desperate only to save their own lives I imagine.
In this scenario, the man cannot tell even his own lawyer what has happened for fear of incriminating himself.
Terrible situation for all concerned.
But one where there has been no coercion, where there is no victim.
Where, without law there would be love.
And this unlawful love exposed by the contemplation of a wife.
And a husband unable to confess to the nature of that love instead confesses to its opposite.
A sad hypothesis.
Yes, sir yes.
Sodomy was committed.
Love or not, we cannot defend it.
There has been no admission.
Come, Garrow, it is evident! A man loves another, any other, whom society says he may not, and he must be pilloried for it? Why should I not defend against that? Oh, you will defend the cause of love, will you? It seems to me that Jasker was quick to disavow that sentiment for the sake of his own neck.
I shall depend on the hope that he has not.
My God, you will be a romantic at the Old Bailey.
Heaven help us all! I'm unable to speak, Mr Garrow.
Why are you still awake? You must speak plain to me.
Of the relationship between yourself and David Jasker.
There is some change here.
Earlier you gave advice that such a conversation was impossible.
In my legal defence of you, yes, but not as one man to another.
And then tomorrow I may do my duty better as your barrister.
You will not speak plainly to me? I have spent my life hiding from plain view.
Then, Captain Jones, I will be plain with you.
In my life I am in some difficulty.
Ruinous accusations have been made against me.
Perhaps not as ruinous as the prospect of losing my life but it may not be worth living if it goes against me.
The accusations are false.
They are a lie.
I am charged with committing adultery with another man's wife.
I have not, but I have yearned to, do yearn to still.
Your secret torments you.
I would dearly love to own it and for the owning of it to be of no account.
I have took my chances at Lincoln's Inn Bog Houses, been married in Molly Houses, paraded in St James' Park and Birdcage Walk.
Every excursion in the dark or out of sight.
But David is someone to be loved in the busiest coffee house, hands held.
Why so? His wife thinks him weak, but he's merely gentle.
He's quiet but all the time attentive.
And in the heat of his work will blow upwards at his forehead so it does lift the locks of his hair.
There are some who would hang you for your sentiments alone.
Isabella.
We must find a way to have everybody's true sentiments out in court in a way that will save you.
Do I disgust you? I see women burned and innocent men hanged.
Then I am in the grip of that emotion.
I'll call David first, then yourself.
Who do you think they'll call in Jones' defence? Sodomites do normally concoct a mistress but I am ready for that.
David? I brought this prosecution.
Yes? Surely I may choose to withdraw it if I so wished? Withdraw it? You may but the parish will certainly prosecute the case on its own behalf.
David, you cannot falter now.
You must take courage.
I remind you that you also signed a statement.
If you withdraw, there is a chance you will be prosecuted for consenting to the deed.
That is unthinkable.
Mr Silvester will merely ask you to report what happened.
It seems that Mr Jasker has two legal counsel.
I wonder who has really brought this prosecution? Robert Jones was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, with force feloniously did make an assault upon one David Jasker, and wickedly, and diabolically, and against the order of nature, had a venereal affair with the said David Jasker.
And with him did then and there commit and perpetrate that abominable crime, not to be mentioned by Christians, called buggery, to the great displeasure of Almighty God and against His Majesty's peace.
What are you? I'm a cobbler.
I have a shop next to the Fortune of War public house in Pye Corner.
And what do you know against the prisoner? Captain Jones came into my shop.
A buckle had come away from his shoes.
We went into the workshop.
Captain Jones pushed me over and pulled down my breeches.
And what next? He he assaulted me.
In what way? In a way that is very difficult to speak of.
But you must speak of it if we are to have a verdict.
I cannot.
Did he penetrate you? LOUD MURMURS OF OUTRAGE He wasbehind me.
He was at my back.
That will not suffice, Mr Jasker.
It is a painful thing! To be penetrated against one's will? To be here at all! The act of sodomy, a crime so heinous that nature shudders.
CRIES OF "HEAR, HEAR" Modesty stands aghast.
And against which virtue seeks vengeance.
I understand and sympathise, Mr Jasker, with your reticence.
Then may we try this another way? The man who abused you so cruelly and unnaturally, who made use of your body for his own depraved pleasure, is he here today? If that man is with us today, will you point him out in court? You will identify him or not, sir? Is the man in the dock? The man you accuse of sodomy? Yes.
OUTCRY Did he sodomise you? He did, sir.
Hardly the most convincing identification of your attacker, Mr Jasker.
"Captain Jones pushed me over the work bench and pulled down my breeches.
" That is still actually an assertion that you stand by? Yes, yes, I do.
Did you struggle? Of course.
Yet despite your struggling, you could not overcome his force? Why could you not repel him? He is strong, a military man.
Are you not strong? Are you not a man who works constantly with his hands to hammer and wrench and twist a shoe back into life? In this struggle, where was the vigour that is a necessary part of your trade? I found it difficult to resist a man sointent.
You found the act difficult to own because of shame or because it did not happen? Because ofshame.
Then behold the man you say has shamed you.
Behold Captain Jones.
Behold him.
You are previously acquainted with this man? I've had his custom for some time.
He is a mere customer, then? Why, what else would he be? A customer who you did invite into your workshop.
What would occasion that? It was convenient.
Is this not a man who has made several payments to you lately because you were in need of capital? It is so.
But they were loans, sir.
And is this still not a man who favoured you with his generosity? Who would not see you fail? It is so.
Whose kindness and attention you did welcome? I welcomed the money.
Is that so? Look at Captain Jones again.
Is this a man you would now put to death because of the evidence you give? I must have my life! I must have my life! Has a Miss Maria Reader announced herself here? No, sir.
"Is love a tender thing? "It is too rough, too rude, too boisterous and it pricks like thorns.
" You talk of this trial? I talk of Garrow and Lady Sarah.
Their love would prick like thorns in Westminster Hall.
By which you mean? I have a witness who will shed its blood in court.
Lady Sarah's maid.
They have not been seen together in any way that could incriminate them.
If a man enters a lady's hotel room and the nature of that time is come upon by that lady's maid, do you not think thatpersuasive? Why were you not more convincing? A man commits a crime not merely against you but on you and you falter like you would forgive him.
Isabella, it is a hard thing to own.
Madam, I call you next and I hope you a better witness.
You will have no fear.
I will own this prosecution for him.
By which you mean? There must be no doubt what did happen.
That my eyes did not deceive me.
Does Farmer speak the truth? I believe he does.
I think you and Sarah both fools to have been pulled together so.
Love does make fools of us all, Mr Southouse.
As I came down to the workshop, I heard cries, muffled.
Of distress? Undoubtedly, yes.
And venturing further? I opened the door and found the prisoner over my husband, his trousers down, forcing himself into him.
This is not true! Captain Jones! You will allow the witness to give her evidence.
Continue, madam.
If it's not too distressing.
With the most bestial face upon him.
And your husband? Helpless.
A rag stuffed into his mouth.
Liar! CROWD BOO Foul liar! You see his shame now? And the prisoner's reaction to your coming in? He pulled away.
He could not complete his debauchery.
No more questions, my lord.
The money loaned, given or what have you from Captain Jones to your husband, do you know the sum? I Come.
You run this trade together.
You must have more than a very good idea.
You must know the sum precisely.
I do not exactly.
30 pounds, 40? It was between them.
You did not trouble yourself with what went between them? Their association gave me no cause for concern.
Captain Jones, an honourable man.
Yes.
Until at the workshop door, you contemplate the ravenous beast who would debauch your husband? Do you think my husband to consent? Do you, madam? I could never, I will never! Of course not.
He had a rag stuffed in his mouth.
Though curiously your husband did not mention that in his evidence.
He hardly spoke.
And how you do remedy that.
I only say what he could not bring himself to.
I put it to you that you describe far more than you saw.
That what you did see was your husband in the company of Captain Jones in a way that did enrage and threaten you? It was not a crime that you perceived but a way to rid your husband of the company he had been keeping.
If I had not stopped you that day I know you would come back for more, your satisfaction never complete.
But that you would come back and back to take my husband because you consider him weak.
But I have come to this court to have my husband reclaimed from your sin, to have my husband back as my own and never yours again! Mr Silvester! This is not the theatre.
It is much cheaper! And here we will allow the jury to follow and judge character, not the audience.
My lord.
Do you have any more witnesses, Mr Silvester? No, my lord.
Then, Mr Garrow, you may call your witnesses for the defence.
But one, my lord, I call Miss Maria Reader.
She is not here.
She fears her own exposure.
But she made a promise to.
The promise of a brothel keeper! Mr Garrow? Do you have some information to share with the court? One moment, my lord.
I'm sorry.
My lord, it seems that a climate of such fear reigns that honest men become dishonest ones.
That promises are broken.
That a man will see a friend hanged.
I have no witnesses, my lord.
Captain Jones, it would appear that you have no-one to speak for you.
Which is unfortunate.
There is talk in the London Journal of court providing a surgeon to take out the testicles of sodomites.
Although that is not my instruction to the jury here, you understand.
My lord! I require advice.
On the penalty for perjury.
If you speak of perjury then you do not choose me.
I cannot let him die.
That is the only choice I make.
This is most irregular.
Mr Silvester, speak to your client.
You've lost me! But I think I had lost you some while ago! I ask you again, did Captain Jones assault you? No.
You have committed a perjury in this court.
Yes.
Why? In order to incriminate a man I did owe money to.
This is all most irregular! Captain Jones, I have no choice but to acquit you.
This time! Mr Jasker, step into the dock.
You will publish no details of that trial.
There was great indecency here.
The world need not bear it, though we were compelled to.
Mr Jasker, on the matter of perjury, you are sentenced to two years in prison and a fine of five shillings.
Captain Jones.
Congratulations.
You will commit the crime again? Not until you are released from prison.
Your engagement at the hotel we may somehow defend but if it seems habitual, then we are undone.
I did warn you.
What think you of the outcome of the case, Mr Southouse? I am glad my client is acquitted.
But I do hope that he is not encouraged by it.
I think him to be very encouraged by it, that Mr Jasker would go to jail for him.
Do you not think love always to be encouraged? I should be obliged if you would leave this building separately.
It is submitted to their lordships that you be removed from your employment.
Do you think you have sacrificed your son for me? I've lost Samuel because of my husband.
To paternity.
Beware.
Beware of what, Mr Southouse? What it is that draws you to this case.
Sir Arthur Hill.
I understand what it is to seek redress.
Do not tell me of the law.
Why should I not? Edited: spyderspyder,
Lady Sarah! You did not send word of your return to London.
I have a son now, Samuel.
I wish you well in your happiness.
What do you think of his appearance? Very handsome, in the way of his father.
I have been faithful to you! Why does your husband disown you? He insists that I love you.
He means to cut you off financially.
You are served with a writ in the name of Sir Arthur Hill.
For the act of criminal conversation with the plaintiff's wife.
David? Please look up, please look at me Was a crime committed here, a crime against you? If so, then we must go to the magistrate.
And bring it out in public? I could not.
You cannot be silent about such an injustice! At least I would not have to share my shame.
And let the man be immune? And let him escape his punishment? Why would you wish that for him? I should not wish that for such a man.
I did come upon your distress.
And his guilt.
I did see the very crime in his face.
Yes.
The fault is not with you.
Our marriage shall not suffer for it.
Of course not! I am your wife.
And you have been ill used.
Criminal conversation is nothing more than a euphemism for Sexual intercourse with another man's wife.
Quite.
You are embarrassed because you think it so, Mr Southouse? He flushes merely at the term, not contemplation of the act.
Which he could not, I have not lain with you.
I recollect that to be so.
Hill has hired a man called Farmer.
He did serve writs upon us both.
He is a poison.
Garrow's value is negligible.
He is not a gentleman.
Some property in Pegwell Bay inherited from his late parents His ability to pay is not the issue.
Quite.
As Judge Kenyon is fond of saying, "If a man cannot pay with his purse, he must pay with his person".
The sum Hill seeks may land you in Debtor's prison.
Then I must away to the Old Bailey to earn a guinea.
Have I not got through to you? His claim will not succeed because he will have no claim to fact! The truth will overcome my husband's malice.
A high-born gentleman finds himself dishonoured by the loss of his wife's comfort and society, and seeks damages accordingly.
Verdicts at the King's Bench are based on no more than circumstantial evidence.
Hill does not have to prove the direct fact of adultery.
A suggestion that illicit sex had probably taken place will suffice, if the two are closeted together in private And you can contrive a means to have them so identified together? I take pride in my experience in such matters.
Therefore you must take great pains not to be identified together.
You must keep apart.
A note of my charges, Sir Arthur.
10% of any damages awarded You cannot take this lightly! They mean to ruin you.
Mary! What are you about? To the mistress, sir.
Under whose instruction? Lady Sarah ordered me, she wants her clothes.
Fresh clothes sir.
She's at the hotel and has no other.
They are no longer her clothes.
You obey only my orders.
Do you understand? Yes, sir, I am most sorry.
I did not know.
Put them away.
Mary was your wife's personal maid? And still loyal to her? Apparently.
What of my son in all this? What of Samuel? You shall be reunited with him.
The Royal Hotel, driver.
Yes, sir.
I wish to know everything.
Particularly if she does have visitors.
But also when she leaves, when she stays, what she does in her room.
The stains upon her undergarments, the contents of her pot.
Send the chambermaid to me.
When you came there, describe what persons you found there, what things? We pushed our way into the hovel and went to an upstairs room much blackened by smoke and most hot.
We did see Thomas Harris throw a mould used for coining from the window.
No! This is lies, sir! I saw the instruments of their trade and perhaps 20 shillings lain in the street.
Liar! Thomas Harris's hands were in a state of work, black.
So were Phoebe Harris's.
Most dirty.
I found ten shillings on the mantelpiece.
Base wretch! You villain! No good can come from such oaths, madam! Were you able to recover items from the street? A broken mould, and we think also, there were tools and other coins discarded, but they were taken.
Lies, sir! All lies! Mr Garrow.
Mr Garrow? Mr Farmer.
I thought I did detect the whiff of sulphur.
You have come to spy on Garrow, no doubt, your quarry.
Perhaps you may even find it enlightening to see how a true man of the law performs his duty.
I came upon a very sad scene.
A loving young couple cleaved together in terror, facing the penalty of the law for their venal transgressions.
And now they do fight for their lives, both facing their extinction.
And their only defence is that lies are told about them.
I fear their chances are slim.
I fear their base vice to be exposed.
You will never find them together.
I have warned them.
You cannot repel desire, Mr Southouse.
No, no! The court awards that you, Thomas Harris, be led to the gaol from whence you came, and thence to the place of execution, where you are to be hanged by the neck until you are dead.
The court awards that you, Phoebe Harris, are to be led to the gaol from whence you came, and thence to the place of execution, where you are to be burnt NO! .
.
with fire until you are dead.
No! No! No! You can't! Her to be burnt.
Him to get the relative mercy of the rope.
Unequal punishment.
But that's the lot of women, is it not? Will, there was little prospect of acquittal.
As in my own case, Mr Southouse? Not if you heed my advice.
Farmer will employ spies.
Any meetings with Lady Sarah, however innocent, will be twisted in court.
And is Lady Sarah innocent of some knowledge concerning Samuel? I saw how you looked on at Milk Street.
She may never see the child again.
The fact that she is the child's mother is meaningless in law.
The child is Hill's property I must go to Hill.
You must not! You think he will be moved like a jury by your persuasion? You will simply provoke him.
Provoke him into sense, into reason! The whole prosecution is in the realm of the absurd.
Will I have a case.
It is a hideous thing to be accused of.
An utter corruption.
Imported by our spindle-shanked gentry from Italy, I believe.
Thank you for the potted history, Mr Southouse.
Would you care for some gin? The jailer can supply nothing better.
Some comforts here but I assure you I am not comfortable.
I have a reputation in society that I do value, it will be entirely done away with if this accusation prevails.
David Jasker, a mere acquaintance, a tradesman I do patronise with my business, the man who mends my shoes, for God's sake, and now my accuser, the harbinger of my disgracemy death! Forgive my agitation.
I do apologise.
Apology is not necessary.
It becomes a man who has been wronged.
You do see that? The cobbler, David Jasker? You have known him long? Six months or so.
Simply by virtue of the fact that I did initially frequent his shop.
Initially, the acquaintance progressed from there? What I suppose is that we did converse politely in the way a tradesman would address a customer and vice versa and as my custom became regular, I became more familiar with him.
And his wife.
And what did you speak of? The weather.
Whatever scandal graced the newspapers that day, the state of their business.
Somewhat parlous.
I mean I do wonder why Jasker, as your cobbler and mindful of your status, is so candid with you.
Would confide such information to you, however many pairs of shoes you may bring to his attention.
I cannot say.
Merely that he did say.
And why do you think he has accused you? I wish I knew.
And tell us of the last encounter between you.
A silver buckle had detached from my shoe.
Isabella sent me downstairs to the workshop.
He told me he that he was unable to fix my shoe immediately and was altogether in a state of some agitation.
And you did comfort him? I demanded he venture some explanation for his rudeness.
Which he did provide.
Creditors were daily at his door, the shop in danger of being lost.
He then began to cry.
I was discomfited, embarrassed by such a display and thought to put a hand on his shoulder by way of consolation.
I think you will agree that a hand on another man's shoulder is anatomically and by degree some distance from sodomy.
And following this? His wife comes upon the scene of this iniquity.
I leave abruptly, his distress best tended to by his wife, an intimacy in which I should not intrude and had no wish to.
Some time later, I find the runners at my door.
I am not convinced.
You think him guilty? He is your client! I say I am not convinced.
I find in matters of sodomy that it is safest not to embrace the client's innocence but better to hold a view at arm's length, as it were.
For there is no smoke without fire? You think him innocent? Yes.
And I also think him a liar.
Good day, sir.
Madam.
Your wife send you on an errand? Alas she cannot.
She is late of this world.
But I have a need to see these shoes of hers repaired.
A man's attachment to his wife, there's no better sentiment.
I'm sure my husband can restore these to good health.
So busy are we that I may attend to your shoes immediately.
I thank you for that but I have appointments that press and so cannot wait.
Then later.
Your wife speaks highly of your craft.
I'm indebted to her for her faith.
Come by this afternoon, sir, and you'll see his facility with a knife and stitch.
As I do every day.
No time like the present.
I could have had you sent away.
Then you would know you had ducked me and had been cowardly.
I merely indulge you.
Speak.
Your wife will have her name prostituted in a public court.
Then see it consigned to the shorthand writers of the public press and from thence into the throats and lungs of the hawkers.
It shall be trumpeted to all until we are stunned.
That you are the treacherous seducer of another man's wife is a tune that must be played very loud.
You are portrayed as a cuckold? You are content for that? I have thought on it.
And decided that my discomfort is worth your exposure.
Withdraw the writ.
I come here merely seeking that.
For the good of us all.
And let you walk merrily back into the Old Bailey, when every day I must sit here and watch the child grow bigger? The child that is not mine, but the foul fruit of your association! You are intent on avenging a fiction! This is a play you have written, a dumb show you have put on! You have replaced me in my wife's affection.
You have deprived me of her loyalty.
Is this imaginary? I look and I cannot see her in my house.
Is that perception false? You cast her out.
I have lost my wife! To you! And now seek to remedy it as if she were chattel! Compensated for your loss in pounds.
Am I to pity her position? With her body, she has betrayed me twice, with you and with what it was for.
To provide and preserve a birthright.
To give me a child who is legitimate.
She would dearly love to see the child soon.
She shall not be given that comfort.
Then at least allow her maid to attend her at the hotel where she stays with but one outfit.
Neither shall she have that comfort.
You bring this action because you think you are dishonoured, that there has been some outrage of disrespect.
But you cannot understand respect because you cannot give it.
The verdict shall be the truth! Who is it? Hello? All the time I have been in position at the Royal Hotel, Garrow has not come near.
And it is quite clear from my exchange with Lady Sarah that they have had the benefit of the advice of the attorney, Southouse.
Let me be clear.
You do not have to burst through a door and discover them in flagrante.
No, sir.
I must simply find someone who can identify them together and testify as to their intimacy.
The hotel staff are willing but have not I am not interested in your difficulties, Mr Farmer, only in your progress in my case.
Jasker accuses you of an unnatural crime against him and you tell me you do not know why he does so.
Yet I think you lie.
If I am to be your counsel, I must hear the truth from you.
Do you doubt me, sir? I doubt not your innocence but your experience of Jasker.
You are unmarried? I am.
And live alone? Yes, again.
And therefore vulnerable to this particular sort of blackmail.
Have you given money to David Jasker? Yes.
On how many occasions? Several times.
Why? His business was in need of some support.
When I ask why, I think you do me the honour of a more truthful reply.
It is as you say.
Blackmail? If I did not pay he would take me before a magistrate and accuse me of an attempt to commit a bestial act.
Now we have it! Yes.
And now we have our defence.
I did refuse his last request.
Of course.
And this goes better than mere defence.
This will serve to see him indicted in turn.
Jasker to be put in the dock? It is not merely blackmail but robbery.
But is my denial not enough? My word as a Gentleman, no, it is not.
If Mr Garrow can establish the parlous state of the business and expose his threats in court, you would not be happy with that? Maria.
Mr Garrow, Mr Southouse, my beloved fiancee, Maria Reader.
Mr Garrow, you will stop this calumny, this assault on his reputation.
We have just made some great progress here.
There is a defence now.
I have owned to the blackmail begun against me by Jasker.
Good.
Robert should not forego his life for the sake of his embarrassment.
And I think his defence will be strengthened by association with you.
You will speak on his behalf? I would insist on it.
I would not wish to be indelicate but in court I would need you to attest to the normality of his appetites.
I make no complaint in such matters.
Ask the shoe-mender if he is a blackmailer.
He may then be ready to drop the case for fear of his own prosecution.
From what I saw, I doubt if it will be his decision.
By which you mean? She leads him.
My handsome shoe-maker, my husband.
Don't distract me from my business.
You will allow me to.
You are yourself again.
You, you are also footman and butler here now? I did spy you from the window and took the liberty of opening the door to you.
Then you may announce me to my husband.
Your business? My business? I wish to see my son.
You may not.
My husband's attorney will not deprive me of him.
Your husband's attorney knows the law concerning that which you are deprived of.
Then you will at least show him to me.
So that I may know that he is well, and that he might know me still.
I think that a crueller prospect.
And for your own sake, madam, I will not allow it.
I am sorry.
I do entreat you! I beg of you.
I cannot help but admire her dignity.
I think, sir, that an opportunity now presents itself.
I do not wish to know, simply take it.
You do indeed have a gift, sir.
They are so renewed that I can imagine my wife to step into them.
You spin gold from nothing, Mr Jasker.
I do? Come now, you are too modest.
Do you not turn your modest acquaintance with Captain Jones into payments most immodest? Who are you, sir? I am attorney for Captain Jones.
And you will be accused of blackmail in court.
And so find yourself in the dock.
I blackmailed no-one.
The money was given freely.
You will pay my husband, sir, and kindly go.
And you may wish to discuss with your husband the wisdom of his prosecution.
In the light of what is now known.
Why are you distressed? She was my mistress.
And she was in despair.
You think her in need of company? Sir Arthur will allow me to go to her? Answer me this.
Has Lady Sarah ever written to Mr Garrow before? She would not have dared to.
You shall go to her.
But first you shall go to Mr Garrow.
Sir? You are Lady Sarah's maid, you will trust that the letter comes from her.
And the purpose, sir? You are not to question the purpose.
You are not to question anything whilst Sir Arthur employs you.
But you do not, sir(!) I perform my duties for Sir Arthur as he wishes me to and one of them is to ensure that you obey me and thus continue in employment here.
Pack a bag for your mistress, the things that she did send for, so that I may take it to the Royal Hotel.
You will meet me there.
Why so? He gave you money? Severally? There was never blackmail.
Why did you not tell me of the payments? Your husband's business fails.
You think I have no pride? Then there is some deeper acquaintance than I had thought.
It was merely a loan! He is a wealthy man and I suppose I did make it plain how the trade suffered.
And giving these payments hehe assumed some entitlement over you? He did start to become very familiar in the way he spoke to me.
Improper.
And thought that you should bestow him with some favour in return.
And bought some right to you and denied it, made his assault.
He is very arrogant.
And is such arrogance sends his solicitor so that you will bend to his will again.
Well, that shall not happen! You have been very naive, my darling.
An innocent in the face of a man such as that.
KNOCK AT DOOR Who is it? It is I.
This is reckless.
In the circumstances, I cannot blame you for wishing it.
I wish it but would not request it.
Certainly not in the face of the ferocity with which Mr Southouse forbade it.
I do not understand, Mary brought your request.
KNOCK AT DOOR Mistress, I did bring the clothes you asked for.
Sweet girl.
You brought a letter from your mistress to me? I must go now.
I disobey Sir Arthur.
I am truly sorry.
She's not in your service again.
I fear she is in the service of Farmer.
Did they touch, kiss? No, sir.
You are to testify in court that they did hotly embrace.
And if I will not? You will lie for your sister's sake.
If she is to have a future, I will not go to the magistrate and say she stole from me.
And she will be saved from hanging.
A second time.
The first by Garrow.
The second by you.
And Sir Arthur will employ her.
They will use her as a witness in my trial.
Well, it is our trial.
It is an action exclusively between Hill and myself.
You mistake me.
Legally, you do not exist.
You have certainly not imagined me.
But now your husband's imagining will be presumed as fact.
And we shall be ruined for it.
For a pleasure we have yet to take an intimacy we still do not know.
And think you therefore we should no longer be innocent of what they say we are guilty of? It would be the most exquisite defeat.
I cannot accept that we become what they say of us.
That morally we hand them the case.
And therefore we cannot have What we crave.
LAUGHTER Mr Southouse.
What scene lies within? They're waiting to be married.
Married? They'll be married as soon as the beds become unoccupied.
Then the rites of marriage can be performed.
And you officiate here, as it were? I keep a convivial house.
I'mmother.
Mr Southouse, I think you have another question you want to ask.
I merely search for the words to formulate it.
Have you been deceived? Have I deceived you? Has Captain Jones? There is a healthy relationship between you? You are truly engaged to be married? The relationship between myself and Captain Jones is extremely healthy.
We're the dearest of friends.
Friends? As for marriage Yes? Robert's often been married.
I do not understand.
He's been many a man's husband.
If you tell me this, then any defence is not only undermined, it is broken.
I tell you that I will honestly testify that I have also enjoyed his company.
Carnally.
That is A truth if not THE truth.
But is that not the kind of truth you require from me in the way of his defence? She is a mask for Captain Jones and runs a Molly house! And to make matters worse, it seemed I was taken for a A macaroni? Aagh! I am confounded by all of this.
I believe it true that she has enjoyed him.
Our defence involving her was clear.
That he was too fond of a pretty girl to fall into sodomy.
But it appears that despite the pretty girl, he still does so.
And mainly.
We cannot defend him.
We are not required to defend him for his propensity but for a crime he says he did not commit.
And you still believe it so? You have seen Jasker and his wife together.
You believe them to be sincere? I do not think I do.
Then perhaps there is a narrative not so simple here.
It is certainly not blackmail.
I would only warn you that the law on buggery is not grey.
And here, more than in any other, favours the accuser.
We have some difficulty.
In that we are in possession of some evidence about you that if you should choose to be truthful, means that we cannot defend you.
And similarly if you do not choose to be truthful then we cannot trust you.
I see.
A way out of this difficulty is that rather than discuss the particularities of this case, I will put a hypothetical one to you.
By all means.
Let's suppose a situation where a man is of the sodomitical tendency.
Why would we do that? Let us suppose such a thing.
For the purposes of argument.
Very well.
Let's suppose that this man is of some little wealth, finds another man of the same tendency.
They form an attachment, an utterly consensual relationship and with it a friendship.
One where money is lent freely.
We have, I think, already been somewhat down the road of that scenario.
Continue.
They meet regularly, but they are aware that the law would treat both of them harshly should they be found out.
They risk their lives.
And discovery.
Which comes to pass.
They fear for their exposure which will mean their lives.
And one of the men betrays the other.
He claims he was most grievously assaulted against his will.
Such a situation could turn friends into enemies desperate only to save their own lives I imagine.
In this scenario, the man cannot tell even his own lawyer what has happened for fear of incriminating himself.
Terrible situation for all concerned.
But one where there has been no coercion, where there is no victim.
Where, without law there would be love.
And this unlawful love exposed by the contemplation of a wife.
And a husband unable to confess to the nature of that love instead confesses to its opposite.
A sad hypothesis.
Yes, sir yes.
Sodomy was committed.
Love or not, we cannot defend it.
There has been no admission.
Come, Garrow, it is evident! A man loves another, any other, whom society says he may not, and he must be pilloried for it? Why should I not defend against that? Oh, you will defend the cause of love, will you? It seems to me that Jasker was quick to disavow that sentiment for the sake of his own neck.
I shall depend on the hope that he has not.
My God, you will be a romantic at the Old Bailey.
Heaven help us all! I'm unable to speak, Mr Garrow.
Why are you still awake? You must speak plain to me.
Of the relationship between yourself and David Jasker.
There is some change here.
Earlier you gave advice that such a conversation was impossible.
In my legal defence of you, yes, but not as one man to another.
And then tomorrow I may do my duty better as your barrister.
You will not speak plainly to me? I have spent my life hiding from plain view.
Then, Captain Jones, I will be plain with you.
In my life I am in some difficulty.
Ruinous accusations have been made against me.
Perhaps not as ruinous as the prospect of losing my life but it may not be worth living if it goes against me.
The accusations are false.
They are a lie.
I am charged with committing adultery with another man's wife.
I have not, but I have yearned to, do yearn to still.
Your secret torments you.
I would dearly love to own it and for the owning of it to be of no account.
I have took my chances at Lincoln's Inn Bog Houses, been married in Molly Houses, paraded in St James' Park and Birdcage Walk.
Every excursion in the dark or out of sight.
But David is someone to be loved in the busiest coffee house, hands held.
Why so? His wife thinks him weak, but he's merely gentle.
He's quiet but all the time attentive.
And in the heat of his work will blow upwards at his forehead so it does lift the locks of his hair.
There are some who would hang you for your sentiments alone.
Isabella.
We must find a way to have everybody's true sentiments out in court in a way that will save you.
Do I disgust you? I see women burned and innocent men hanged.
Then I am in the grip of that emotion.
I'll call David first, then yourself.
Who do you think they'll call in Jones' defence? Sodomites do normally concoct a mistress but I am ready for that.
David? I brought this prosecution.
Yes? Surely I may choose to withdraw it if I so wished? Withdraw it? You may but the parish will certainly prosecute the case on its own behalf.
David, you cannot falter now.
You must take courage.
I remind you that you also signed a statement.
If you withdraw, there is a chance you will be prosecuted for consenting to the deed.
That is unthinkable.
Mr Silvester will merely ask you to report what happened.
It seems that Mr Jasker has two legal counsel.
I wonder who has really brought this prosecution? Robert Jones was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, with force feloniously did make an assault upon one David Jasker, and wickedly, and diabolically, and against the order of nature, had a venereal affair with the said David Jasker.
And with him did then and there commit and perpetrate that abominable crime, not to be mentioned by Christians, called buggery, to the great displeasure of Almighty God and against His Majesty's peace.
What are you? I'm a cobbler.
I have a shop next to the Fortune of War public house in Pye Corner.
And what do you know against the prisoner? Captain Jones came into my shop.
A buckle had come away from his shoes.
We went into the workshop.
Captain Jones pushed me over and pulled down my breeches.
And what next? He he assaulted me.
In what way? In a way that is very difficult to speak of.
But you must speak of it if we are to have a verdict.
I cannot.
Did he penetrate you? LOUD MURMURS OF OUTRAGE He wasbehind me.
He was at my back.
That will not suffice, Mr Jasker.
It is a painful thing! To be penetrated against one's will? To be here at all! The act of sodomy, a crime so heinous that nature shudders.
CRIES OF "HEAR, HEAR" Modesty stands aghast.
And against which virtue seeks vengeance.
I understand and sympathise, Mr Jasker, with your reticence.
Then may we try this another way? The man who abused you so cruelly and unnaturally, who made use of your body for his own depraved pleasure, is he here today? If that man is with us today, will you point him out in court? You will identify him or not, sir? Is the man in the dock? The man you accuse of sodomy? Yes.
OUTCRY Did he sodomise you? He did, sir.
Hardly the most convincing identification of your attacker, Mr Jasker.
"Captain Jones pushed me over the work bench and pulled down my breeches.
" That is still actually an assertion that you stand by? Yes, yes, I do.
Did you struggle? Of course.
Yet despite your struggling, you could not overcome his force? Why could you not repel him? He is strong, a military man.
Are you not strong? Are you not a man who works constantly with his hands to hammer and wrench and twist a shoe back into life? In this struggle, where was the vigour that is a necessary part of your trade? I found it difficult to resist a man sointent.
You found the act difficult to own because of shame or because it did not happen? Because ofshame.
Then behold the man you say has shamed you.
Behold Captain Jones.
Behold him.
You are previously acquainted with this man? I've had his custom for some time.
He is a mere customer, then? Why, what else would he be? A customer who you did invite into your workshop.
What would occasion that? It was convenient.
Is this not a man who has made several payments to you lately because you were in need of capital? It is so.
But they were loans, sir.
And is this still not a man who favoured you with his generosity? Who would not see you fail? It is so.
Whose kindness and attention you did welcome? I welcomed the money.
Is that so? Look at Captain Jones again.
Is this a man you would now put to death because of the evidence you give? I must have my life! I must have my life! Has a Miss Maria Reader announced herself here? No, sir.
"Is love a tender thing? "It is too rough, too rude, too boisterous and it pricks like thorns.
" You talk of this trial? I talk of Garrow and Lady Sarah.
Their love would prick like thorns in Westminster Hall.
By which you mean? I have a witness who will shed its blood in court.
Lady Sarah's maid.
They have not been seen together in any way that could incriminate them.
If a man enters a lady's hotel room and the nature of that time is come upon by that lady's maid, do you not think thatpersuasive? Why were you not more convincing? A man commits a crime not merely against you but on you and you falter like you would forgive him.
Isabella, it is a hard thing to own.
Madam, I call you next and I hope you a better witness.
You will have no fear.
I will own this prosecution for him.
By which you mean? There must be no doubt what did happen.
That my eyes did not deceive me.
Does Farmer speak the truth? I believe he does.
I think you and Sarah both fools to have been pulled together so.
Love does make fools of us all, Mr Southouse.
As I came down to the workshop, I heard cries, muffled.
Of distress? Undoubtedly, yes.
And venturing further? I opened the door and found the prisoner over my husband, his trousers down, forcing himself into him.
This is not true! Captain Jones! You will allow the witness to give her evidence.
Continue, madam.
If it's not too distressing.
With the most bestial face upon him.
And your husband? Helpless.
A rag stuffed into his mouth.
Liar! CROWD BOO Foul liar! You see his shame now? And the prisoner's reaction to your coming in? He pulled away.
He could not complete his debauchery.
No more questions, my lord.
The money loaned, given or what have you from Captain Jones to your husband, do you know the sum? I Come.
You run this trade together.
You must have more than a very good idea.
You must know the sum precisely.
I do not exactly.
30 pounds, 40? It was between them.
You did not trouble yourself with what went between them? Their association gave me no cause for concern.
Captain Jones, an honourable man.
Yes.
Until at the workshop door, you contemplate the ravenous beast who would debauch your husband? Do you think my husband to consent? Do you, madam? I could never, I will never! Of course not.
He had a rag stuffed in his mouth.
Though curiously your husband did not mention that in his evidence.
He hardly spoke.
And how you do remedy that.
I only say what he could not bring himself to.
I put it to you that you describe far more than you saw.
That what you did see was your husband in the company of Captain Jones in a way that did enrage and threaten you? It was not a crime that you perceived but a way to rid your husband of the company he had been keeping.
If I had not stopped you that day I know you would come back for more, your satisfaction never complete.
But that you would come back and back to take my husband because you consider him weak.
But I have come to this court to have my husband reclaimed from your sin, to have my husband back as my own and never yours again! Mr Silvester! This is not the theatre.
It is much cheaper! And here we will allow the jury to follow and judge character, not the audience.
My lord.
Do you have any more witnesses, Mr Silvester? No, my lord.
Then, Mr Garrow, you may call your witnesses for the defence.
But one, my lord, I call Miss Maria Reader.
She is not here.
She fears her own exposure.
But she made a promise to.
The promise of a brothel keeper! Mr Garrow? Do you have some information to share with the court? One moment, my lord.
I'm sorry.
My lord, it seems that a climate of such fear reigns that honest men become dishonest ones.
That promises are broken.
That a man will see a friend hanged.
I have no witnesses, my lord.
Captain Jones, it would appear that you have no-one to speak for you.
Which is unfortunate.
There is talk in the London Journal of court providing a surgeon to take out the testicles of sodomites.
Although that is not my instruction to the jury here, you understand.
My lord! I require advice.
On the penalty for perjury.
If you speak of perjury then you do not choose me.
I cannot let him die.
That is the only choice I make.
This is most irregular.
Mr Silvester, speak to your client.
You've lost me! But I think I had lost you some while ago! I ask you again, did Captain Jones assault you? No.
You have committed a perjury in this court.
Yes.
Why? In order to incriminate a man I did owe money to.
This is all most irregular! Captain Jones, I have no choice but to acquit you.
This time! Mr Jasker, step into the dock.
You will publish no details of that trial.
There was great indecency here.
The world need not bear it, though we were compelled to.
Mr Jasker, on the matter of perjury, you are sentenced to two years in prison and a fine of five shillings.
Captain Jones.
Congratulations.
You will commit the crime again? Not until you are released from prison.
Your engagement at the hotel we may somehow defend but if it seems habitual, then we are undone.
I did warn you.
What think you of the outcome of the case, Mr Southouse? I am glad my client is acquitted.
But I do hope that he is not encouraged by it.
I think him to be very encouraged by it, that Mr Jasker would go to jail for him.
Do you not think love always to be encouraged? I should be obliged if you would leave this building separately.
It is submitted to their lordships that you be removed from your employment.
Do you think you have sacrificed your son for me? I've lost Samuel because of my husband.
To paternity.
Beware.
Beware of what, Mr Southouse? What it is that draws you to this case.
Sir Arthur Hill.
I understand what it is to seek redress.
Do not tell me of the law.
Why should I not? Edited: spyderspyder,