charged with conspiring the death of the king, and consulting to levy war upon him. Intense interest was attached to this trial, not only in consequence of the high character of the prisoner, but because it must decide how for the whig leaders were concerned in the designs of the lower conspirators. He requested a delay till afternoon or next morning, because material witnesses had not arrived, but the attorney-general. Sir Robert Sawyer, replied, "You would not have given the king an hour's notice for saving his life; the trial must proceed."He then requested the use of pen, ink, and paper, and for permission to avail himself of the documents he had with him. These requests were granted, and he then asked for some one to help him to take notes; and the court replied that he might have the service of any of his servants for that purpose. "My lord," said Russell, addressing chief justice Pemberton, "my wife is here to do it." This observation, and the lady herself then rising up to place herself at her husband's side to perform this office, produced a lively sensation in the crowd of spectators. The daughter of the excellent and popular lord Southampton thus devoting herself to assist her husband in his last extremity, was an incident not likely to lose its effect on the mind of Englishmen, and the image
Of that sweet saint who sat by Russell's side
has ever since formed a favourite theme for the painter and the poet.
The witnesses first produced against him were Rumsey and Shepherd. Rumsey deposed that the prisoner had attended a meeting at Shepherd's for concerting a plan to surprise the king's guards at the Savoy and the Mews, and Shepherd confirmed this evidence. Russell admitted the being at Shepherd's, and meeting the persons alleged, but denied the object stated so far as he himself was concerned, or so far as he had heard or understood. The last and most infamous witness was lord Howard of Eserick. This man, who was a man of ability and address, but a thorough profligate, and generally despised, and by Russell himself long suspected, and who had gone about protesting that there was no plot that he knew of, now came forward to save his own life by sacrificing those who had imprudently trusted him. Yet even he seemed to feel the infamy of his position, and to give his evidence with shame and reluctance. Whilst in the midst of it, the court was electrified by the news that the earl of Essex had that moment committed suicide in his cell. He had called for a razor, shut himself up in a closet, and cut his throat so effectually that he had nearly severed his head from his body. It was an awkward circumstance for the king and duke, that just at that time they had made a visit to the Tower, where they were said not to have been for years. It was supposed that they had gone from curiosity to see how lord Russell bore himself as he was conveyed to trial. Just as they were leaving the Tower, the cry arose that Essex was murdered, and this singular coincidence caused a murmur that they had themselves done this bloody deal. But the matter is too ridiculous to be dwelt on for a moment. They had too many and certain means of getting rid of their enemies by legal power, to directly dip their own hands in blood. When the news, however, reached the court of the Old Bailey, the sensation was intense. The witness himself was greatly agitated by it, and Jeffreys, who was counsel for the crown, seized upon it to damage the cause of the prisoner at the bar. He argued that the very act showed the conscious guilt of Essex, who had been constantly mixed up in the proceedings of Russell.
Plan of Rye House, from a scarce Print of the Period.
Howard swore that he had heard from Monmouth, Walcot, and others, that lord Russell had been deeply concerned with the conspirators, and especially their head, lord Shaftesbury. He alleged that Russell had taken part in two discussions at Hampden's, where they had arranged the treasonable correspondence with the earl of Argyll and his adherents in Scotland; and was aware of the agent, one Aaron Smith, being sent to Scotland for the purpose of organising their co-operation. Being pressed to say whether lord Russell took an active part in these discussions, he did not plainly assert that he did, as he said he was well known to be cautious and reserved in his discourse, but that all was understood, and he appeared to consent to everything. Lord Russell admitted having been at those meetings, but again denied any knowledge of any such designs, and declared that lord Howard's evidence was mere hearsay evidence, and of no legal weight whatever; and that, moreover, Howard had positively declared repeatedly that there was no plot, and had sworn to his (lord Russell's) innocence. On this Howard was recalled, and explained that it was before his arrest that he had ridiculed and denied the plot—which, under the circumstances, was natural enough—and he had sworn to lord Russell's innocence only as far as it regarded a design of assassination of the king and duke, but not of his participation in the general plot. West and the serjeant-at-arms, who had the Scottish prisoners in custody, were also called to prove the reality of the plot, and of their looking chiefly to lord Russell to head it.
