I was in the Court early, before the trial began, carrying a letter with me which Mr. Chiffinch got for me from my Lord Peterborough, that I might have a good place; and I had a very good one; for it was in a little gallery that looked down into the well of the court, so that I could see all that I wished, and the faces of all the prisoners, judges and witnesses, and yet by leaning back could avoid observation—for I had no wish, for others’ sake, if not for my own, to be recognized by any of the witnesses. The seats for my Lords were on the left, under a state, with their desks before them; the place for the prisoners on the right, facing the judges; and for the witnesses opposite to me. The jury was beneath; and the counsels in front of them with their backs to me.
When the Court was full to bursting, my Lords came in, with the Chief Justice—that is Sir William Scroggs—in the midst. I had never seen him before, though I knew how hot he was against Catholics, and I looked to see what he was like. It was a dark morning, and the candles were lighted on my Lords’ desks; and I could see his face pretty well in their light. He was in scarlet, and wore his great wig; and he talked behind his hand, with what seemed a great deal of merriment to Mr. Justice Bertue, who sat on one side of him, and the Recorder Jeffreys who sat upon the other. He had very heavy brows; his face was clean-shaven, and his mouth was like a trap when he shut it, and looked grave, as he did so soon as the clerk had done his formalities. He was a strong man, I thought, who would brook no opposition, and would have his way—as indeed he did; and the rest of my Lords had little or no say in the proceedings; and least of all had the jury, except to do what the Lord Chief Justice bid them.
The three prisoners—for Mr. Whitbread and Mr. Fenwick were presently withdrawn to be tried later, since they could not get two false witnesses against them at that time—were Mr. Ireland, Mr. Grove and Mr. Pickering, and I looked upon them with infinite compassion, to see how they would bear themselves. Mr. Pickering I had never seen before; so I could not tell whether or no he bore himself as usual. But the two others I had seen again and again; yet, with respect to them both I remembered principally that occasion when Mr. Ireland had entertained his mother and sister in Mr. Fenwick’s lodging on that one night he was in town, and gone off with them into the dark so merrily; and Mr. Grove had brought up the chocolate in white cups, and we had all been merry together. Now they stood here in the dock together, and answered to their names cheerfully and courageously; and I could see that neither anguish of heart nor the fear of death had availed to change their countenances in the leastest degree. They stood there, scarcely moving, except once or twice to whisper to one another, while Dr. Oates told his lying tale.