Previous to the Assizes, Joe Filmer arrived in Kingston in a trap drawn by old Clutch. He was admitted into the prison on his expressing his desire to see Mehetabel.

After the first salutations were passed, Joe proceeded to business. "You see, Matabel," said he, "the master don't want you to think he won't help you out o' this little mess you've got into. But he don't want Polly to know it. The master, he's won'erful under that young woman's—I can't say thumb, but say her big toe. So if he does wot he does about you, it's through me, and he'll sit innercent like by the fire twiddlin' of his thumbs, and talkin' of the weather. Master would be crafty as an old fox if he weren't stupid as an owl. I can't think how he can have allowed himself to get so much into Polly's power. It is so; and when he wants to do a thing without her knowin', he has to do it underhand ways. Well, he thort if he let our 'oss and trap go, as Polly'd be suspectin' something, and Polly's terrible set against you. So he told me to take a holiday and visit a dyin' aunt, and borrow old Clutch and a trap from the Angel at Gorlmyn. Clutch have been there all along, ever since your affair. There's no keepin' him away. So I came here; and won'erful slow Clutch was. When I came to Kingston I put up at the Sun, and sez I to the ostler: Be there a good lawyer hereabouts, think you? 'Well,' sez he, 'I'm a stranger to Kingston. I were born and bred at Cheam, but I was ostler first in Chertsey, and then for six months at Twickenham. But there's a young woman I'm courtin', I think she does the washin' for a soort of a lawyer chap, and I'll ax she at my dinner time.' So he did, and he came back and told me as the gal sed her master was a lawyer. She didn't think much of the missus, she was mean about perquisates, but the master was decent enough, and never came pokin into the kitchen except when he wanted to have his socks dried. So I reckon he'll do the job for you. Well, I gave that there ostler threepence, and axed him to do me the favor of tellin' that there lawyer that I'd be glad to stand him a glass o' ale if he'd step over to the bar of the Angel. I'd got a bit of business I wanted to consult him about. Well, he came, affable enough, and I told him all—as how I wanted him to defend you, and get you out of this tidy hobble you was in, and wot it 'ud cost. Then he thought a bit, and said that he could get up the case, but must engage counsel. He was only a turnkey, or some name like that; I sed, sed I, he was to manage all, and he might take it or lump it on these terms: Five and twenty pounds if he got you off clear, and if he didn't, and you was hanged, then nuthin'."

Joe smiled and rubbed his hands in self-satisfaction. Then he continued: "You know the master stands behind me. He'll find the money, so long as Polly don't know; but he thort, and so does I, as it could be done cheapest if I took it on me. So I sed to the lawyer chap, who was makin' faces as if he'd got a herrin' bone in his teeth, sez I, 'I'm nort but an ostler in a little country inn, and it's not to be supposed I've much savin's. Nor is Matabel any relation, only she wos maid in the inn whilst I wos ostlin', so I feels a sort o' a likin' for the girl, and I don't mind standin' five and twenty pound to get her off. More I can't give.' That, Matabel, was gammon. The master wouldn't stick at five and twenty, but he told me to try on this little game. He's deep is the master, for, all the innercence he puts on. I said to the ostler I'd give him half-a-crown for the gal as washes, as she introduced me to the lawyer. That there turnkey, as he calls himself, he sez he must get the counsel, and I sez, that, of course, and it comes out of the five and twenty. Then he made more faces, but I stuck to it, and I believe he'll do it. He axed me about particulars, and I sed he wos to consult you. The master sed that durin' the trial I wos to be nigh the lawyer, and if he seemed to flag at all I wos to say, 'Another five pound, old ginger, if you gets her off.' So I think we shall manage it, and Polly be never the wiser."

The Assizes began. Mehetabel, in her prison, could hear the church bells ring merry peals to welcome the judge. She was in sore anxiety about the child, that had failed greatly of late. The trouble in which its mother had been involved had told on its never strong constitution. Even had she been occupied with her own defence and ultimate fate, the condition of the babe imperiously demanded that the main solicitude of its mother should be devoted to it, to still its cries, to relieve its pains, to lull it to necessary sleep.

When Mahetabel knew that she was in a few minutes to be summoned to answer in court for her life, she hung over the little sufferer, clasped it and its crib in her arms, and laid her cheek beside its fevered face on the pillow. She could rest in no other position. If she left the child, it was to pace the cell—if she turned her thoughts to her defence, she was called back by a peevish cry to consider the infant.

When finally summoned to the court she committed the babe to the friendly and worthy jaileress, who undertook to care for it to the best of her abilities. The appearance of Mehetabel in the court produced at once a favorable impression. Her beauty, her youth, the sweetness and pathos of expression in her intelligent face, and the modesty with which she bore the stare of the crowd, sent a wave of sympathy through all present, and stirred pity in every heart. When Mehetabel had recovered the confusion and alarm into which she was thrown by finding herself in the dock with heads all about her, eyes fixed upon her, and mouths whispering comments, she timidly looked up and around.

She saw the judge in his robes under the Royal arms, the barristers, in gowns and wigs, she looked in the direction of the jury, and with a start recognized one amongst them. By a strange chance Iver Verstage had been chosen as one of the petty jury, and the prosecution not suspecting that he was in any way mixed up in the matter before the court, not knowing that he was acquainted with the prisoner, that he came from the neighborhood of the scene of the murder, suffered him to pass unchallenged. Iver did not turn his face her way, and avoided meeting her eye.

Then she saw Joe Filmer's honest countenance; he sought what Iver avoided, and greeted her with a smile and a nod.

There was one more present whom Mehetabel recognized, and that in spite of his wig. She saw in the barrister who was to act as counsel in the prosecution that same young man who had insulted her on the dam of the Hammer Pond.

There was little fresh evidence produced beyond that elicited before the magistrates. Almost the only new matter was what was drawn from the two Rocliffes relative to the conversation that had passed between the prisoner and the deceased previous to his death. But neither father nor son could give a clear account, and they contradicted each other and themselves. But both were confident as to Mehetabel having struck Jonas on the head.

The counsel for the defence was able to make a point here. According to their account they were in a lane, the level of which was considerably lower than that of the field in which the altercation took place. There was a hedge of holly intervening. Now holly does not lose its leaves in winter. Holly does not grow in straggling fashion, but densely. How were these two men able to see through so close a screen? Moreover, if they could see the prisoner then it was obvious she could see them, and was it likely that she would strike her husband before their eyes. Neither Samuel nor Thomas Rocliffe was able to explain how he saw through a hedge of holly, but he had no hesitation in saying that see he did. They were both looking and had chosen a spot where a view was possible, and that Mehetabel did not know they were present was almost certain, as she was looking at Jonas all the while and not in their direction. The counsel was disappointed, he had hoped to make much of this point.

Mehetabel was uneasy when she noticed now that the bewigged young man who had spoken with her at the Hammer Pond labored to bring out from the witnesses' admissions that would tell against her. He was not content with the particulars of the death of Jonas, he went back to the marriage of Mehetabel, and to her early history. He forced from the Rocliffes, father and son, and also from Colpus and his daughter the statement that when Mehetabel had been told her husband was dead she had laughed.

Up to this the feeling of all in court had been unmistakably in her favor, but now, as in the petty sessions, the knowledge that she had laughed turned the current of sympathy from her.

When all the evidence had been produced, then the counsel for the prosecution stood up and addressed the court. The case, said he, was a peculiarly painful one, for it exhibited the blackest ingratitude in one who owed, he might say, everything to the deceased. As the court had heard—the accused had been brought up in a small wayside tavern, the resort of sailors on their way between London and Portsmouth, where she had served in the capacity of barmaid, giving drink to the low fellows who frequented the public-house, and he need hardly say that such a bringing up must kill all the modesty, morality, sense of self-respect and common decency out of a young girl's mind. She was good-looking, and had been the object of familiarities from the drunken vagabonds who passed and repassed along the road, and stayed to slake their thirst, and bandy jokes with the pretty barmaid. From this situation she had been rescued by Jonas Kink, a substantial farmer. Having been a foundling she had no name. She had been brought up at the parish expense, and had no relatives either to curb her propensities for evil, or to withdraw her from a situation in which no young woman, he ventured to say, could spend her early years without moral degradation. It might almost be asserted that Jonas Kink, the deceased, had lifted this unfortunate creature from the gutter. He had given her his name, he had given her a home. He had treated her with uniform kindness—no evidence had been produced that he had ever maltreated her. On the contrary, as the widow Chivers had admitted—the prisoner said herself that the deceased had never struck her with a stick. That there had been quarrels he freely admitted, that the deceased had spoken sharply was not to be denied. But he asked: What husband would endure that the young wife who was indebted to him for everything, should resume her light and reprehensible conduct, or should show inclination to do so, after he had made her his own? No doubt whatever that the prisoner at the bar felt the monotony of a farmhouse irksome after the lively existence in a public house. No doubt she missed the society of topers, and their tipsy familiarities. But was that reason why she should kill her husband?

He believed that he had been able to show that this murder had been planned; that the prisoner had provided herself with the implement wherewith it was her purpose to rid herself of the husband who was distasteful to her. With deliberate intention to free herself, she had waited to catch him alone, and where she believed she was unobserved. The jury must consider how utterly degraded a woman must be to compass the death of the man to whom she had sworn eternal fidelity and love. A woman who could do this was not one who should be suffered to live; she was a scandal to her sex; she dishonored humanity.

The counsel proceeded to say: "Gentlemen of the jury, I have anxiously looked about for some excuses, something that might extenuate the atrocity of this crime. I have found none. The man who steals bread to support his starving children must suffer under the law for what he has done. Can you allow to go free a woman, because young, who has wilfully, wantonly, and deliberately compassed the murder of her husband, merely, as far as we can judge, because he stood in her way pointing the direction to morality and happiness. Whatever may be said in defence of this unfortunate prisoner now on her trial, gentlemen of the jury, do not mistake your office. You are not here to excuse crime and to forgive criminals, but to judge them with justice. Do not be swayed by any false feeling of commiseration because of the sex and youth of the accused. Remember that a wife guilty of the murder of her husband, who is allowed to run free, encourages all others, possibly even your own, to rid themselves of their husbands, whenever they resent a look or a word of reproach. I will lose no more words, but demand a sentence of guilty against Mehetabel Kink."

The young mother had hardly been able to endure the sense of shame that overwhelmed her during the progress of the speech of the counsel. Flushes of crimson swept through her face, at his insinuations and statements affecting her character, and then the color faded leaving her deadly white. This was an agony of death worse than the gallows. She could have cried out, "Take my life—but spare me this dishonor."

Joe Filmer looked troubled and alarmed; he worked his way to the back of the bench, where sat the counsel for the defence, and said: "Old Crock, five guineas—ten, if you'll get her off. Five from the master, and five from me. And I'll kick that rascal who has just spoken, as he comes out; I will, be Jiggers!"