[ Birds chirping ] ♪♪ ♪♪ [ Wind blowing ] -No, no.

[ Woman humming ] -No, no, no, no.

Make it stop.

Make it stop!

[ Humming continues ] [ Sobbing ] In the name of Christ, leave me be!

♪♪ [ Indistinct conversations ] -All stand.

All stand for his honor, Judge Jeffreys.

♪♪ -That was the clincher you see for me.

That name, George Jeffreys.

The hanging judge.

He got his reputation for beastly, at the so-called Bloody Assizes.

Strung up hundreds after the Duke of Monmouth rebelled against James the Second.

If you remember your history.

But I digress.

Madeira?

No?

[ Laughing ] Well, you don't mind if I do?

Jeffreys was known to be something of a wit with, what should I call it?

Rather a tart sense of humor.

You can see it in the -- in the transcripts.

They exist, you see.

Quite a number of them.

Records of the trials.

And there's old George.

Oh, not so old as one imagines.

Quite young, in fact.

Yeah, he was quite young.

There he is, joshing away and having a rare old time before sentencing the miserable defendants to dangle.

Well... some years back one such transcript came my way for only a few quid, but I found, as I read it over, that it was quite a different character to the usual, quite a different character.

-John Martin, hold up thy hand.

It is hereby alleged that the prisoner, John Martin, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil... -The charge against the prisoner was one of murder.

-...and with a certain knife, value a penny, the throat of the said, Ann Clark, then and there did cut.

-Namely, that he'd slit the throat of an unfortunate girl and then hidden her body in a pond.

-...against the peace of our sovereign Lord, the King, his crown and dignity.

How do you plead?

-Not guilty.

-John Martin was of good stock.

Good class.

I daresay he felt pretty confident of an acquittal.

-Send me a good deliverance.

-Mr. Dolben.

-Uh, may it please your lordship and you gentlemen of the jury.

I am, uh, of counsel for the king against the prisoner at the bar.

You have heard that he stands indicted for the murder of a -- of a young girl.

Such crimes as this you may perhaps reckon to be not uncommon.

And indeed, I am sorry to say that there is scarce any fact so barbarous and unnatural.

But what we may hear almost daily instances of it.

-This may be so, but we need not hear a general muttering.

Mr. Attorney.

-That our particular features in this murder [clears throat] that mark it out is one such that has never been perpetrated upon English ground.

Whereas the prisoner is a gentleman of a proper state, the person murdered was a poor country girl.

Besides that, was one to whom Providence had not given the full use of her intellects.

-What meaning by that?

-My Lord, she was what is commonly termed among us an innocent or natural.

-Oh.

[ Laughter ] -Such a one that's one will have supposed a gentleman of the prisoner's quality more likely to overlook than to lift up his hand against her in the very horrid and barbarous manner which we shall show you he used.

Now to begin at the beginning.

-I wish that you would.

-About Christmas of last year, that is the year 1683, this gentleman, Mr. Martin, having newly come back into his own country from the University of Cambridge, some of his neighbors entertained him here and there at their Christmas merry makings.

[ Cheers and applause ] ♪♪ [ Indistinct conversations ] [ Cheers and applause ] -You dance well.

-Better than your Cambridge ladies, squire.

-My Cambridge ladies could never hold a candle to these, Sarah Ascot.

-Is that so?

Aye, now who's this?

What does she stare at?

-Oh, do not mind her, sir.

-Well, who is she?

The lass gulps like a fish.

-It is Ann, sir.

Ann Clark.

She works here.

-In what capacity?

-Uh, maid of all work, sir.

Never mind her, really don't.

She -- -She shall dance real with me.

-Oh, nah, sir.

I only brung her down because she still wanted to see the Christmas festivities.

-I shall ask her.

-No, sir.

-I shall ask her.

-Do not tease, sir.

She's slow and unworldly.

-It's only a dance, Sarah.

[ Cheers and applause ] .Mistress Ann, may I have the pleasure?

-Come, Mr. Attorney.

We don't sit here to listen to tales of Christmas parties in taverns.

You'll be telling us next what tune they dance to.

[ Chuckles ] -Well, indeed I will, My Lord.

-What's that?

-For even that has a bearing on the matter in hand.

-Hmm!

[ Indistinct conversations ] Oh, go on, go on, in God's name.

-♪ Will you accept of the key of my heart?

♪ ♪ To bind us together and never to part ♪ ♪ Madam, will you walk, madam, will you talk ♪ ♪ Madam, will you walk and talk with me?

♪ -Squire having his sport, is he?

-Ain't no sport in it.

Poor silly girl.

-♪ No, I won't accept the key of your heart ♪ ♪ To bind us together and to never, never part ♪ - He turned her head.

-♪ Yeah, I will not talk ♪ ♪ Yeah, I will not walk and talk with you ♪ -[ Whistling tune ] Yes, I remember this ditty in my own country in Shropshire.

[ Whistling continues ] Yeah, but this is by the mark.

I doubt not it's the first time we've had dance tunes in this court.

The most part of the jigging we have occasion falls done at Tyburn.

Huh?

Huh?

[ Imitates choking ] [ Laughs ] ♪♪ You said the tune was material to your case, Mr. Attorney.

And upon my life, I think Mr. Martin agrees with you.

What ails you, man?

You just staring like a player that sees a ghost.

-My -- [ Clears throat ] My Lord, I was amazed to hear such trivial, foolish things as they bring against me.

-Trivial?

Well, it lies upon Mr. Attorney here to show whether they be trivial or not.

-Yes, My Lord.

-Go on, sir.

-To be sure, had the matter gone no further than the humoring of a dourness orphan by a young gentleman of quality, it had been very well.

But from then on there were frequent meetings of the two.

For the young woman was greatly tickled at having got hold as she conceived it of so likely a sweetheart.

She would be always on the watch for him, and it seems they had a signal arranged.

-♪ Oh, I will buy you a new silver pin ♪ ♪ Pin up your hair and your fine muslin ♪ ♪ Madam, when you walk ♪ madam, will you talk ♪ ♪ Madam, will you walk and talk with me?

♪ [ Both laugh ] -What a beauty.

-Well, after about three or four weeks of this little entertainment of John Martin, something happened.

It turned out the likely fellow was already engaged to a young gentlewoman of the parish.

A very suitable match.

it was thought.

Very suitable.

And with a considerable dowry, John Martin seemed set for life.

Unfortunately for him, however, word had got around of his dalliance with Ann Clark, and suddenly things weren't deemed quite so suitable after all.

Not by the young lady's family, nor indeed by the young lady herself.

And so suddenly the match was off.

-We shall show that upon the receipt of this intelligence, the prisoner was greatly enraged against Ann Clark as being the cause of his misfortune, though indeed there was nobody answerable for it but himself.

Ann Clark would run after him, testifying with gestures and broken words to the affection she had to him until she was become, in his words, the very plague of his life.

This was the posture of things up to the 15th day of May in this present year.

Upon that day, the prisoner came riding through the village as of custom, and came upon the young woman.

But in place of passing her by, as he had lately done, he stopped.

And he said some words to her.

Words with which she seemed wonderfully pleased.

And so left her.

And after that day... And Clark was nowhere to be found.

And here I come to a passage to which I should not dare to ask her attention, but that it appears to me to be founded in truth, and is supported by testimony deserving of credit.

And gentlemen, to my judgment it doth afford a great instance of God's revenge against murder, and that he will require the blood of the innocent.

-Well?

Mr. Attorney, -w-what's your instance?

♪♪ Mr. Dolben?

♪♪ -To be short, gentlemen, we shall bring you testimony that Ann Clark was seen after this 15th of May, and that at such time as she was so seen, it was impossible she could have been a living person.

-You see, I told you it was a peach.

"At such time as she was so seen, it was impossible she could have been a living person."

[ Chuckles ] Splendid, isn't it?

You sure I can't tempt you?

[ Indistinct conversations ] -Silence.

Silence!

Silence!

Silence!

Why, Mr. Attorney, you might save up this tale for a week.

It'll be Christmas by that time, and you can frighten your cook maids with it.

[ Laughter ] But have you noticed that there's not so much occasion for you to make merry?

But God, man, what are you prating of?

Ghosts and Christmas jigs and tavern company.

Here's a man's life at stake.

Oh, go on, Mr. Attorney.

I need not may have spoken so sharply, but you must confess you -- your course is something unusual.

-Nobody knows it better than I, My Lord.

[ Indistinct conversations ] Did you know Alan Clark?

-Yes, very well.

She was an orphaned girl, sir, and I took her in out of charity.

-Was she comely?

-No, not by no manner or mean, sir.

She was very uncomely, poor child.

She was rather slow and clumsy.

Her skin was coarse, like paddock.

-Paddock?

-My Lord, I apprehended is the country word for a toad.

-Ah!

Hot toad.

[ Sniffs ] Well, go on.

-But she was a good, sweet child and deserved better than what she got at his hands!

-Enough.

That's for the jury to decide.

-Then they can do what they will, is sort.

-Hey.

-Will you give an account to the jury of what passed between you and the prisoner at the bar in May last?

-Yes, sir.

It was this.

It was about 9:00 the evening after that Ann did not come home.

I was about my work at the inn.

There was no company there, only Thomas Snell.

And it was unseasonable weather.

[ Thunder rumbling, horse whinnies ] ♪♪ ♪♪ -Fetch me ale.

-Yes, squire.

[ Wind whistling, bell tolling ] -Bitter out there, ain't it, squire?

Cold as a witch's kiss.

[ Laughs ] A witch's kiss.

-It's a bad night.

Bad night.

-Aye, I never been so glad of one of Mistress Scott's posits as I am tonight.

She always takes pity on us waifs and strays, eh, squire?

Speaking of which, you've been looking after your sweetheart, squire.

-What?

-Your sweetheart, sir.

Ann Clark.

-What the devil do you mean?

-Very sorry, sir, I am sure -- -Cease your prattle.

-I only meant it in jest.

What business would I have with Ann Clark?

-No, sir.

Indeed, sir.

-Just the very notion.

-Yes, sir.

-What is that silly slut to a gentleman of my quality?

Why, nothing.

Everyone knows that.

-I'm sure, squire.

Yes, sir.

-[ Whistling "Madame, Will You Walk?"

] [ Wind gusting ] -Oh, what [indistinct] I am.

[ Whistling continues ] May I trouble you for your knife, Squire Martin?

-Good God, I must have left it there.

-Pardon, squire.

-My God -Left it where?

[ Whistling continues ] -Why that tune, woman?

Why cannot you be silent?

-Oh, sorry, sir, I'm sure.

It is only that it's been running through my head.

[ Woman singing "Madam, Will You Walk?"

] -Why that's her.

That's Ann Clark.

-Nay, nay, just the wind.

-There's no mistaking that voice.

-No more there is, like a great bullfrog.

[ Singing continues ] -Why?

What is this, squire?

Ann has not been seen.

We have all been vexed.

Let's have in.

-Hold, woman, for God's sake!

-What?

Are you not glad that poor child is found?

Thomas Snell, do open the door and call her in.

-No.

In the name of God!

-♪ Till do us part ♪ [ Wind gust, door slams ] [ Squishing, man chuckles ] [ Bang ] [ Flint clacking ] -Did she come in?

[ Wind gusting ] I heard the door.

-Nay, that wasn't the door.

Sounded like [chuckles] high cupboard.

Why, what's this?

Thomas Snell, come here and help me.

There's someone hiding in this cupboard, and I would know what she wants.

-No, no, no, no.

-Ann, is that you in there?

-For Christ sake, no!

[ Door opens, closes ] -And what, pray, came out.

A mouse?

No, My Lord, it was greater than a mouse.

But I could not see what it was.

It fleeted very swift over the floor and out at the door.

-Become, what did it look like?

Was it a person?

My Lord, I cannot tell what it was, but it ran very low, and it was of a dark color.

And it was... wrong.

[ Indistinct conversations ] -Was there no tracks of it on the floor?

-Aye, My Lord.

[ Wind gusting, squeaking ] ♪♪ -Well, for my part, I do not see.

To be sure it is an odd tale she tells.

What you would do with this evidence?

-My Lord, we bring it to show the suspicious carriage of the prisoner immediately after the disappearance of the murdered person, and we ask the jury's consideration of that, and also to the matter of the voice heard without the house.

-Oh, yes.

The voice.

Has grown uncommon dark in here, is it not?

Bring in lights.

♪♪ -Now, child, don't be frightened.

That is no one here will hurt you if you speak the truth.

-Aye, if he speak the truth.

But remember, child, thou art in the presence of the great God of heaven and earth, that of the keys of hell.

And I've asked of the king's offices, and have the keys of new gain.

And remember too there's a man's life in question.

And if thou tell us to lie and by that means he comes to an ill end, thou art no better than his murderer.

And so speak the truth.

-Tell the jury what you know and speak out.

-[ Clears throat ] -Where were you on the evening of the 23rd of May?

-I-It was the day before our feast.

-What's that?

-Can't hear him.

Speak up, boy.

-It was the day before our feast, and I was to spend six months there.

And that falls a month before a midsummer day.

-Well, child, and where wast thou then?

-Keeping cows on the morning, My Lord, for me master.

I was there about 6:00, and sitting by a tree near upon the water.

[ Birds chirping, cows mooing ] ♪♪ ♪♪ -Go on, boy.

-Well, sir, I been very near the water, not above 10 yards.

I heard as if the stick struck up against something that made a wallowing sound.

[ Water bubbling ] ♪♪ -Leave me be!

[ Groaning, shouting ] No, no.

Leave me be!

Leave me be!

-Had you had any communication with the prisoner?

-Yes, sir.

A day or two before, the prisoner, that is Mr. Martin.

Hearing I was used to be on the moor, he asked me if I'd seen a knife laying about, and said he would give me sixpence to find it.

And I said I had not seen any such thing, but I would ask about.

-But then he said he would give me sixpence to say nothing, and he we did.

[ Indistinct conversations ] -And had you often seen the prisoner and Ann Clark in company together?

-Yes, my lord.

I seen Ann Clark waiting on the moor for the prisoner at some way off several times since last Christmas.

-Did you see her close so as to be sure it was she?

-Yes, quite sure.

-How so sure?

-Because she would stand up and jump up and down and clap her arms like a goose.

[ Laughter ] And she was of such a shape that it could be nobody else.

-What was the last time that you so saw her?

-After... After the prisoner had gone, it being twilight.

I was very desirous of getting home to my master, but I was afraid for the present to stir from where I was, lest Mr. Martin, that is the prisoner should see me.

I remained a few minutes more by the tree and looking on the pond.

And then I saw something.

I saw something dark come up out the water.

♪♪ ♪♪ It ran off very swiftly in the same direction the prisoner had taken.

-And who, upon your oath, did you take it to be?

Upon my oath, sir, it could be nobody but... Ann Clark [ Indistinct conversations ] [ Mouths words ] -My Lord, we are done with the evidence for the King.

-Well, sir, it's time for you to make your defense.

Well?

-My Lord, uh, I have not much to say.

Say that I do most fervently hope that the jury will not go about to taking my life on the evidence of a parcel of country people that would believe any idle tale.

-Be they eternal country bred, John Martin, the truth will out.

-Of course, I meant rather that t-the -- -Well, well, what did you mean?

-That since I was brought here to London, there has not been care taken.

-Care?

-To keep me secured from interruption and...disturbance.

-You've been disturbed in jail?

-Much disturbed, My Lord.

-By what?

-Noises.

Noises and -- and voices.

-Oh, oh, Newgate, it's not a cloister, nor a monastery garden.

Noises and voices are what you might expect to hear.

-Cousin, I appeal to you.

-What's this?

-Well, you see, sir, my family is connected to yours by marriage.

I have a great aunt whom I can -- -You do not claim kinship with me, sir.

I am judge here.

I entertain no prejudices.

I've neither eyes to see nor ears to hear except as the law instructs me.

"Cousin."

Is there any more?

-M-My Lord?

-Is there any more you wish to say in your defense?

John Martin, is there any more you wish to say before these 12 good men and so consider their verdict?!

-Nothing, My Lord.

-You will not, perhaps, be surprised to find that after a very short consultation, the jury brought in a verdict of guilty.

♪♪ -John Martin, you've been found guilty of a most heinous murder.

It is the sentence of this court that you be hanged in chains upon a gibbet near the place where the fact was committed, and that execution shall take place on the 28th of December, next ensuing being Innocence Day.

-My Lord, might I beg that my relations come see me before the end?

-Aye.

With all my heart, let all the world visit if they wish it.

Ann Clark may come to you as well for all I care.

-Do not say that.

Do not say that, sir!

-Silence.

-Do not say such things!

-Silence!

-[ Shudders ] -You deserve no tenderness at any man's hands for your cowardly, but butcherly murder, that you've not the stomach to take reward of your deeds.

I hope to God she will be with you by day and by night until an end is made of you.

♪♪ -13.

T-There are 13.

-What -- What's this?

-[ Chuckles ] ♪♪ [ Laughs ] 13.

There are 13 in the jury.

13!

[ Gavel bangs ] -Silence!

-[ Echoes ] 13!

-And so concluded the strangest case that Judge George Jeffreys ever tried.

It's not one you will find recorded in the official histories, perhaps for a very good reason.

The bit of land is in the West Country, and it is one of the smallest enclosures you are likely to see.

The very few square yards without any gate or gap leading into it.

I went there once.

You might take it for a small cottage garden long deserted, except that it lies away from the village and there's no trace of cultivation.

They say that a terrible murderer is buried there.

And they call the place Martin's Close.

♪♪ [ Birds chirping ] ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪