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teachers interpreted liberally Pope Gregory's advice to Augustine-to adapt the idol temples to Christian worship, to change the idol sacrifices into feasts of dedication, and, in short, to make the transition to the purer faith as little abrupt as might be, it was not only that complaisant genealogists placed Woden in the scriptural pedigree as a descendant of Adam-or zealots like Boniface thought that it was enough to set up a saint's image instead of a mythological idol-there was abundant heathenism besides, which held its ground side by side with a form of Christian belief. There was a necessity for perpetual warnings against pagan observances, "auguries, phylacteries, and incantations;" Odo's canons allude to "magical illusions;" offerings to the devil were common enough to warrant a specific enactment against them in the "Dooms" of Wihtræd; the homilies of Elfric speak of the heathen superstitions still common at burials; King Edgar, with all his forty-seven monasteries, is more than suspected of an attempt to bring Woden into fashion again; and Dunstan's canons call upon the

priests to extinguish heathenism, especially "the worship of fountains, groves, ellens (elder trees), and also many trees of divers sorts, and stones." A remarkable illustration of the prevalence of this pagan deification of the powers of nature may be seen in that wellknown cycle of romance which is associated with Arthur and his Round Table, where a fanciful Christianity is strangely blended with the imagery of an eastern fairy-tale— where the Archbishop of Canterbury sings the mass in one chapter, and the wicked Queen Morgaine turns the whole company into stones in the next. These relics of paganism hang about us still, embodied in our language, even in such semi-religious terms as Easter, Lent, Yule, Beltane, &c., and exercising an influence, far more powerful perhaps than we are aware of, in some of our rustic superstitions. Within the present generation children have been passed through a cleft ash tree for the cure of fits, a genuine vestige of Saxon heathendom. The "Devil's claw" has left its mark elsewhere besides on the wall of St Pancras.

JUDICIAL PUZZLES.- -SPENCER COWPER'S CASE.

AT the summer assizes at Hertford, on the 16th of July 1699, a young barrister, rising into eminence in his profession, the son of a baronet of ancient family, who was one of the representatives, and the brother of a King's Counsel, who was the other representative of the town in Parliament, held up his hand at the bar to answer a charge of murder. It was not for blood, shed in an angry brawl-it was not for vindicating his honour by his sword in defiance of the law, that Spencer Cowper was arraigned. He was accused of having deliberately murdered a woman, whose only fault was having loved him too devotedly, and trusted him too implicitly. He was called upon to plead to a charge which, if proved, would not only consign his body to the gibbet, but his name to eternal infamy.

Sarah Stout was the only daughter of a Quaker maltster in the town of Hertford. Her father was an active and influential supporter of the Cowpers at the elections, and the kind of intimacy which ordinarily takes place under such circumstances arose between the families. Attentions, highly flattering no doubt to their vanity, were paid to the wife and daughter of the tradesman by the ladies of the baronet's family; and an intimacy arose between Spencer Cowper and Sarah, which did not cease when she was left an orphan upon the death of her father, and he became the husband of another woman. He managed the little fortune which had been bequeathed to her; he occasionally took up his abode (whether as a guest or a lodger does not appear) at her mother's house, when business called him to Hertford; and he unhappily inspired her with a violent, and, as the event proved, a fatal passion.

Never did the truth of the proverb, "Cucullus non facit mona

chum," or rather, in this case, monacham, receive a stronger confirmation than from the story of poor Sarah Stout. Stormy passions beat under the dove-coloured bodice, and flashed from the eyes which were shaded by the close white cap and poke bonnet of the Quakeress. Her whole heart and soul were given to Spencer Cowper. A man of sense and honour would, under such circumstances, at once have broken off the connection, and saved the girl, at the cost of some present suffering, from future guilt and misery. A man of weak determination and kind feelings might have got hopelessly involved in attempting to avoid inflicting pain. Cowper did neither. He carried on a clandestine correspondence with her under feigned names, and received letters from her breathing the most ardent passion, which he displayed amongst his profligate associates. He introduced a friend to her as a suitor, and then betrayed to that friend the secrets which, above all others, a man of honour is bound to guard with the strictest fidelity. He behaved as ill as a man could do under the circumstances.

On the morning of Monday the 13th of March, the first day of the spring assizes of 1699, Spencer Cowper arrived in Hertford, travelling (as was then the custom of the bar) on horseback. He went direct to the house of Mrs Stout, where he was expected, in consequence of a letter which had been written, announcing his intended visit. He was asked to alight, but declined to do so, as he wished to show himself in the town. He promised, however, to send his horse, and to come himself to dinner. This promise he kept, and having dined with Mrs Stout and her daughter, he left the house about four o'clock, saying that he had business in the town, but that he would return in the evening.At nine he returned, asked for pen,

ink, and paper to write to his wife, and had his supper. Mrs Stout, the mother, went to bed, leaving Spencer Cowper and her daughter together, orders having been given to make a fire in his room. Between ten and eleven o'clock Sarah called the servant-girl, and, in Cowper's hearing, desired her to warm his bed. She went up-stairs for that purpose, leaving Spencer Cowper and Sarah alone in the parlour together. As she went up-stairs she heard the house clock (which was half an hour too fast) strike eleven. In about a quarter of an hour afterwards, she heard the house-door shut to, and, supposing that Cowper had gone out to post his letter, she remained warming his bed for about a quarter of an hour longer. She then went down stairs, and found that both Spencer Cowper and her young mistress were gone. The mother could not be examined upon the trial as she was a Quaker, and could not take an oath. account of the transactions of that

The

day, therefore, rests solely upon the evidence of Sarah Walker, the servant, who deponed as follows :—

"May it please you, my Lord, on Friday before the last assizes, Mr Cowper's wife sent a letter to Mrs Stout, that she might expect Mr Cowper at the assize time; and therefore we expected Mr Cowper at that time, and accordingly provided; and as he came in with the judges, she asked him if he would alight? He said, No; by reason I came in later than usual, I will go into the town and show myself,' but he would send his horse presently. She asked him how long it would be before he would come, because they would stay for him?

He

said he could not tell, but he would send her word; and she thought he had forgot, and sent me down to know whether he would please to come? He said he had business, and he could not come just then; but he came in less than a quarter of an hour after, and dined there, and he went away at four o'clock; and then my mistress asked him if he would lie there? And he answered yes, and he came at night about nine; and he sat talking about half an hour, and then called for pen, ink, and

*13 State Trials, 1112.

paper, for that, as he said, he was to write to his wife; which was brought him, and he wrote a letter; and then my would have for supper? He said milk, by reason he had made a good dinner; and I got him his supper, and he eat it; after she called me in again, and they were talking together, and then she bid me make a fire in his chamber; and when I had done so, I came and told him ofit, and he looked at me, and made me no answer; then she bid me warm the bed, which accordingly I went up to do as the clock struck eleven; and in about a quarter of an hour I heard the door shut, and I thought he was gone to convey the letter, and stayed about a quarter of an hour longer, and came down, and he was gone and she; and Mrs Stout the mother asked me the reason why he went out when I was warming his bed? And she asked me for my mistress, and I told her I left her with Mr Cowper; and I never saw her after that, nor did Mr

mistress went and asked him what he

Cowper return to the house.”*

Cowper, who defended himself with great ability, asked the witness in cross-examination—

"When you came down and missed your mistress, did you inquire after her all that night?

"A.-No, sir, I did not go out of the doors; I thought you were with her, and so I thought she would come to no

harm.

"Mr Couper.-Here is a whole night she gives no account of. Pray, mistress, why did you not go after her?

me.

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A. My mistress would not let

"Mr Couper.-Why would she not let you?

"A.-I said I would see for her. 'No,' says she, by reason if you go and seek for her, and do not find her, it will make an alarm over the town, and there may be no occasion.'" +

Maternal solicitude could not be very strong in the breast of Mrs Stout, or she was disposed to place a more than ordinary degree of confidence in the discretion of her daughter and young Cowper. Sarah Stout was never again seen alive. The next morning her body was found in a mill-dam something less than a mile distant. Cowper never returned to Mrs Stout's; he was

Ibid., 1114.

seen at an inn in the town at eleven, and arrived at other lodgings, which he had hired in the town, at a quarter past. Here the evidence ends. A vast amount of testimony was given at the trial, as to whether the body of the girl floated or not; as to whether a body thrown into the water after death would float or sink; but it came to nothing. The coroner's inquest had been hurried over, and no examination of the body had taken place until long after decomposition had proceeded too far to allow of any satisfactory result being arrived at.

In a former Number we observed on the effect of the rule of law which excludes a prisoner not only from giving evidence on his own behalf, but also from tendering himself for cross-examination. If Cowper was innocent, that rule bore hardly upon him in the present case. We will, however, give him the full benefit of his own account of the matter. He said*-and in this he was confirmed by the evidence of his brother-that having received a pressing invitation to take up his quarters during the assizes at Mrs Stout's, he had resolved to do so, his object being to save the expense of other lodgings at the house of a person of the name of Barefoot, where he had been in the habit of staying with his brother. Finding that his brother would be detained in London by his parliamentary duties, he requested him to write and countermand the lodgings at Barefoot's. This he neglected to do, and on Spencer Cowper's arrival at Hertford he found them prepared for him. Finding that he should have at any rate to pay for these lodgings, which were nearer to the court-house and more commodious than Mrs Stout's, he determined to occupy them. His account is as follows:

"My Lord, as to my coming to this town on Monday, it was the first day of

the assizes, and that was the reason that brought me hither: before I came out of town, I confess, I had a design to take having been invited by letter so to do; a lodging at this gentlewoman's house, and the reason why I did not was this: my brother, when he went the circuit, always favoured me with the offer of a part of his lodgings, which, out of good husbandry, I always accepted. The last circuit was in parliament-time, and my brother, being in the money-chair, could he had very good lodgings, I think one of the best in this town, where I used to be with him; these were always kept for him, unless notice was given to the contrary. The Friday before I came down to the assizes I happened to be in gentleman, and then I showed them company with my brother and another the letter by which I was earnestly invited down to lie at the house of this gentlewoman during the assizes (it is dated the 9th of March last); and designing to comply with the invitation, I thereupon desired my brother to write to Mr Barefoot, our landlord, and get him, if he could, to dispose of the lodgings; for, said I, if he keeps them, they must be paid for, and then I cannot well avoid lying there. My brother did say he would write, if he could think on it; and thus, if Mr Barefoot disposed of the lodgings, I own I intended to lie at the myself obliged to lie at Mr Barefoot's. Accordingly I shall prove, as soon as ever I came to this town, in the morning of the first day of the assizes, I went directly to Mr Barefoot's (the maid and all agreed in this), and the reason was, I had not seen my brother after he said he would write, before I went out to London; and therefore it was proper for me to go first to Mr Barefoot's to know whether my brother had wrote to him, and whether he had disposed of his lodgings or not. As soon as I came to Mr Barefoot's, I asked his wife and maidservant, one after another, if they had received a letter from my brother to unbespeak the lodgings; they told me no, that the room was kept for us; and Í think they had made a fire, and that the sheets were airing. I was a little concerned he had not writ; but being satisfied that no letter had been received, I said immediately, as I shall prove by several witnesses, If it be so, I must stay with you; I will take up my lodging here. Thereupon I alighted, and sent for my bag from the coffeehouse, and lodged all

not attend the circuit as he used to do:

deceased's house; but if not, I looked on

* 13 State Trials, 1149.

my things at Barefoot's, and thus I took up my lodging there as usual. I had no sooner done this, but Sarah Walker came to me from her mistress to invite me to dinner, and accordingly I went and dined there; and when I went away, it may be true that, being asked, I said I would come again at night; but that I said I would lie there, I do positively deny; and knowing I could not lie there, it is unlikely I should say so. My Lord, at night I did come again, and paid her some money that I received from Mr Loftus, who is the mortgager,

for interest of the £200 I before mentioned (it was £6, odd money, in guineas and half-guineas): I writ a receipt, but she declined the signing of it, pressing me to stay there that night; which I refused, as engaged to lie at Mr Barefoot's, and took my leave of and that very money which I paid her was found in her pocket, as I have heard, after she was drowned."*

her;

When Cowper recurs, at a later period of the trial, to the events of that night, he says—

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Now, if your Lordship pleases, I would explain that part of Sarah Walker the maid's evidence, when she says her mistress ordered her to warm the bed, and I never contradicted it."

And after calling the attention of the court to the warm expressions contained in the letter he had received from the girl, he goes on

"I had rather leave it to be observed than make the observation myself, what might be the dispute between us at the time the maid speaks of. I think it was not necessary she should be present at the debate; and therefore I might not interrupt her mistress or the orders she gave; but as soon as the maid was gone I made use of those objections; and I told Mrs Stout by what accident I was obliged to take up my lodging at Mr Barefoot's, and that the family was sitting up for me; that my staying at her house, under these circumstances, would in all probability provoke the censure of the town and country, and that therefore I could not stay, whatever my inclination otherwise might be; but, my Lord, my reasons not prevailing, I was forced to decide the controversy by going to my lodging; so that the maid may swear true when she says I did not contradict her orders."+

* 13 State Trials, 1150.

It will be observed that Cowper first puts his change of intention as to staying at Mrs Stout's solely on the ground of having other lodgings on his hands. He says that until he found those lodgings were engaged, he had determined to take up his abode at Mrs Stout's. The question was simply one of the cost of the lodgings. When, however, he has to account for the servantgirl's evidence as to his consent to the preparations for his passing the night there, orders for which were given in his presence, then, for the first time, he begins to talk of "provoking the censure of the town and country." It is impossible to know what took place after the servant-girl left the room. Cowper himself leaves it unexplained whether he left Sarah Stout in the house, or whether she quitted it at the same time that he did. The latter would seem to be the more probable conjecture, from the fact that the door was only heard to shut once, and it was proved that it was not easy to shut the door without being heard. If Cowper had been entitled to submit himself to cross-examination, these facts might have been, and probably would have been, explained.

Here not only the evidence, but the whole substance of Cowper's defence ends. The trial was prolonged by an enormous mass of testimony, partly from men of the highest eminence in the medical profession, and partly from persons who had seen great numbers of bodies, some of which had been thrown into the sea after death, and others of which had been drowned in naval engagements and shipwrecks, as to whether the fact of a body floating afforded any evidence that life was extinct before it had been thrown into the water. this point the evidence was, as might be anticipated, contradictory, but had it been otherwise, it would have been of no value; for the question, whether Sarah Stout's body

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