My poor afflicted governess was now as much concerned as I, and a great deal more truly penitent, though she had no prospect of being brought to trial and sentence. Not but that she deserved it as much as I, and so she said herself; but she had not done anything herself for many years, other than receiving what I and others stole, and encouraging us to steal it. But she cried, and took on like a distracted body, wringing her hands, and crying out that she was undone, that she believed there was a curse from heaven upon her, that she should be damned, that she had been the destruction of all her friends, that she had brought such a one, and such a one, and such a one to the gallows; and there she reckoned up ten or eleven people, some of which I have given account of, that came to untimely ends; and that now she was the occasion of my ruin, for she had persuaded me to go on, when I would have left off. I interrupted her there. 'No, mother, no,' said I, 'don't speak of that, for you would have had me left off when I got the mercer's money again, and when I came home from Harwich, and I would not hearken to you; therefore you have not been to blame; it is I only have ruined myself, I have brought myself to this misery'; and thus we spent many hours together.
Well, there was no remedy; the prosecution went on, and on the Thursday I was carried down to the sessions-house, where I was arraigned, as they called it, and the next day I was appointed to be tried. At the arraignment I pleaded 'Not guilty,'
and well I might, for I was indicted for felony and burglary;that is, for feloniously stealing two pieces of brocaded silk, value #46, the goods of Anthony Johnson, and for breaking open his doors; whereas I knew very well they could not pretend to prove I had broken up the doors, or so much as lifted up a latch.
On the Friday I was brought to my trial. I had exhausted my spirits with crying for two or three days before, so that I slept better the Thursday night than I expected, and had more courage for my trial than indeed I thought possible for me to have.
When the trial began, the indictment was read, I would have spoke, but they told me the witnesses must be heard first, and then I should have time to be heard. The witnesses were the two wenches, a couple of hard-mouthed jades indeed, for though the thing was truth in the main, yet they aggravated it to the utmost extremity, and swore I had the goods wholly in my possession, that I had hid them among my clothes, that Iwas going off with them, that I had one foot over the threshold when they discovered themselves, and then I put t' other over, so that I was quite out of the house in the street with the goods before they took hold of me, and then they seized me, and brought me back again, and they took the goods upon me. The fact in general was all true, but I believe, and insisted upon it, that they stopped me before I had set my foot clear of the threshold of the house. But that did not argue much, for certain it was that I had taken the goods, and I was bringing them away, if I had not been taken.
But I pleaded that I had stole nothing, they had lost nothing, that the door was open, and I went in, seeing the goods lie there, and with design to buy. If, seeing nobody in the house, Ihad taken any of them up in my hand it could not be concluded that I intended to steal them, for that I never carried them farther than the door to look on them with the better light.
The Court would not allow that by any means, and made a kind of a jest of my intending to buy the goods, that being no shop for the selling of anything, and as to carrying them to the door to look at them, the maids made their impudent mocks upon that, and spent their wit upon it very much; told the Court I had looked at them sufficiently, and approved them very well, for I had packed them up under my clothes, and was a-going with them.
In short, I was found guilty of felony, but acquitted of the burglary, which was but small comfort to me, the first bringing me to a sentence of death, and the last would have done no more. The next day I was carried down to receive the dreadful sentence, and when they came to ask me what I had to say why sentence should not pass, I stood mute a while, but somebody that stood behind me prompted me aloud to speak to the judges, for that they could represent things favourably for me. This encouraged me to speak, and I told them I had nothing to say to stop the sentence, but that I had much to say to bespeak the mercy of the Court; that I hoped they would allow something in such a case for the circumstances of it;that I had broken no doors, had carried nothing off; that nobody had lost anything; that the person whose goods they were was pleased to say he desired mercy might be shown (which indeed he very honestly did); that, at the worst, it was the first offence, and that I had never been before any court of justice before; and, in a word, I spoke with more courage that I thought I could have done, and in such a moving tone, and though with tears, yet not so many tears as to obstruct my speech, that I could see it moved others to tears that heard me.
The judges sat grave and mute, gave me an easy hearing, and time to say all that I would, but, saying neither Yes nor No to it, pronounced the sentence of death upon me, a sentence that was to me like death itself, which, after it was read, confounded me. I had no more spirit left in me, I had no tongue to speak, or eyes to look up either to God or man.