Page:The Green Bag (1889–1914), Volume 14.pdf/429

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388
The Green Bag.

Lady Henrietta.— " I will not go to my father again." Justice Dolben.— "Are you under any constraint, madam?" Lady H.— " No, my lord, I am not." L. C. J. — "Then we cannot deny my Lord Berkeley the custody of his own daughter." Then came the climax. Lady H. — "My lord, I am married." L. C. J. — "To whom?" Lady H. — "To Mr. Turner." L. C. J. — "What Turner? Where is he?" Lady H. — "He is here in court." Mr. Turner being among the crowd, way was made for him to come in, and he stood by the lady and the judges. He was ques tioned by the judges and confirmed the mar riage. Nevertheless the earl insisted that his daughter be delivered to him. Mr. Turner could take his remedy. L. C. J. — " I see no reason but my lord may take his daughter." Earl of B. — " I desire the court will deliver her to me." Justice Dolben. — " My Lord Berkeley, we cannot dispose of any other man's wife, and they say they are married. We have nothing to do in it." L. C. J. — "My Lord Berkeley, your daughter is free for you to take her; as for Mr. Turner, if he thinks he has any right to the lady, let him take his course. Are you at liberty and under no restraint?" Lady H. — "I will go with my husband." Earl of B. — "Hussy, you shall go with me home." Lady H. — "I will go with my husband." Earl of B. — " My lord, I desire I may have my daughter again." L.C.J. — "My lord, we do not hinder you; you may take her." Lady H. — " I will go with my husband.",

Earl of B. — "Then all you that are my friends seize her, I charge you." L. C. J. — " Nay, let us have no breaking of the peace in court." Then the court broke up. In the hallway a scuffle over the lady ensued, and swords were freely drawn on both sides; but the Lord Chief Justice, coming by, ordered the tipstaff (who had a warrant to search for Lady Henrietta and take her into custody) to take charge of the lady and carry her over to the King's Bench. Upon Mr. Turner ask ing if he too should be committed, the Chief Justice told him he might go with her if he would, which he did. They remained that night at the marshal's house, and on the last day of the term were released by order of court. The jury meanwhile found Lord Grey guilty; but the matter was compromised and no judgment was ever entered. We may expect to find turbulent times in Ireland in 1689. The trial of Cavenagh and others for stealing cows is an illustration. (12 St. Tr. 630, 1689.) The testimony (it would be mockery to call it evidence) is a minor feature of the report. Lord Chief Justice Keating does most of the talking. At the outset, no person appearing to prose cute one of the prisoners, the Chief Justice says to the jury: "Gentlemen, you have nothing against this man; he was born in a state of innocency; but the truth is, the parties dare not appear against him." When the witnesses for the prosecution appeared the Chief Justice admonished them : " As you will answer it before God, that you neither for favor nor affection be inclined to spare any of these villains; and likewise that you will conceal nothing of the truth as you will answer it at the great day, for I tell you the cries and groans of the poor women and children and the many families that are ruined and in great distress will go up to heaven against you."