Chapter 14 – The Trial and Ned's Gambit
The morning came. Lizzy was cold.
It was wet and dank in the hole. She had not been able to sleep well. Her body shivered and her leg would not work properly as she moved.
"Come oot." Came a thick voice.
Lizzy shifted and nearly collapsed. She moved to the opening.
Geillis looked at her. "Elizabeth, Urr ye weel?"
"No." She said. She gripped the ladder and with pure almost human effort she dragged herself upwards using her good leg for balance as she worked up. Within three steps of the top, she was suddenly grabbed by three sets of hands and lifted bodily into the air.
She was set on the ground and she gasped, nearly collapsing as her right leg refused to function. A man held her up from behind as another bound her wrists together.
A third pulled on the rope and Lizzy moved a little, her leg barely working as she fought to stay upright. Geillis was suddenly beside her, her own hands bound as the crowd surrounded them, jeering. Lizzy looked and saw a platform behind built in the square with many stick and a pole about jutting up from the center. She swallowed grimly. They meant to burn one or both of them.
She limped and then gasped and fell to the ground, her hands scrapping the cobbles as she tried to break her fall. She tried to pull herself upwards.
Geillis looked back. "Fur pity sake, she's wi' bairn! she cannae donder!" She cried looking at the crowd.
The crowd jeered on as Lizzy struggled. Someone shifted as Lizzy did, kicking her in the face. Lizzy dropped, stunned into the mud, her hands stretched as the man tugged at the rope. She just stopped moving then as her shoulders were pulled up and forward like a grotesque macabre marionette, unkempt hair fell about her as her head fell forward. She did not fight and so was dragged a couple feet before someone noticed.
A man moved from the crowd and lifted her upwards. "She cannae donder, keek at her shank, it's lame." He said looking how her right legs was arched at an odd angle. He lifted her to her feet and then into his arms.
Lizzy looked up, eyes half open as she shook with cold and stress. The man nodded to the others as he walked into the church and pressed her into a chair in the box before the crowd. She sat there numbly. The man pulled off his jacket and wrapped it about her as Geillis was brought there.
Geillis looked at Lizzy. "Buck up, lassie. Thay aren't dane wi' us yit." She said.
Lizzy looked up and then back at her hands.
Help had to come. Colum would not stand for this even if he could not come directly.
A man stood and read from a paper. "Starting in cum stain that th' pure accusin` yin geillis duncan 'n' yin elizabeth fraser baith standing afore th' church's court fur th' crime o' witchcraft, did inflict pain, suffering 'n' death upon th' citizens o' cranesmuir by thair practice o' th' unholy arts."
Lizzy looked up. She knew no one in the crowd. She swallowed. Accused rarely were allowed to go free. However, Lizzy and Geillis were both with child so their bellies would prevent an immediate execution at least.
The door opened and Lizzy looked toward the door. "Mak' wey, mak' wey please!" Came a rather shrill voice. "Ah demand tae be let intae th' proceedings."
Two broadswords crossed before the small form of Ned Gowan. Lizzy gasped. She took a breath.
"'n' yer sur?" One of the judges asked.
"They ca' me Edward gowan, yer honor, solicitor, former writer tae th' signet, Edinburgh."
"Let him bygae."
Ned walked into the room and touched his hat as he looked at Lizzy. She looked like hell and he took a breath before turning to the judges.
"'n' whit brings ye 'ere, sur?"
"Ye honors, as we're a' aware, th' witchcraft act o' 1563 wis repealed by th' hoose o' lords in 1735. Th' therefore submit this entire trial is illegal."
The crowd booed.
"This is an ad hoc proceeding under th' administration o' th' kirk."
"Weel, ah see that we hae dispensed wi' british law, whilk pleases me muchly, bit a'm certain that ye wull nae wish tae dispense wi' oot proud scots legal traditions." He turned. "We ur aye in bonnie scotland, ur we nae? aye?"
The crowd murmured it's agreement.
"Na one's dispensing that, Mr. Gowan."
"Aye, weel, 'ere in bonnie scotland an pure accusin` witch is entitled tae a defense advocate at trial." The crowd murmured. "A benefit sadly nae shored tae they in merry auld englain." He smiled. "As ah therefore wid lik' mah services in support o' th' pure accusin`." He removed his hat and bowed.
"Och, gey weel." The elder of the judges said. "Tak' yer steid."
Ned nodded and sat down looking at the pair. Lizzy mouthed a thank you to him even as she sat looking barely able to sit on her own.
The judges lifted a gavel. "Let us noo summon th' foremaist witness. Jeanie Hume."
Geillis gasped a little as her maid walked into the center of the room.
"Ah labored as a housekeeper fur arthur 'n' geillis duncan fur nigh oan five years, yer honor." she curtsied a little.
"'n' did ye hae occasion tae witness ony streenge or unyirdlie goings-on while that tenure?" The younger of the judges asked.
"Ah kin tell ye that 'twas mony th' wummin that cam tae th' door seeking loue charms, amulets, talismans 'n' th' lik'." The crowd murmured. "'n' mrs. Duncan wis happy as hogmanay tae dispense thaim."
"Did ye ever witness mrs. Fraser in division wi' mrs. Duncan?" The elder judge asked.
Jeanie looked over and then back. "Loads times. In th' fields gathering herbs. 'n' in th' aye room meddling potions." The crowd gasped again. "Brassic mr. Duncan knew naught o' ony o' it."
The girl continued giving her testimony.
It was well Lizzy was sitting down lest she faint. At noon they had a recess in which Lizzy and Geillis were fed in a room without windows. Lizzy took the warm soup and bread gratefully. Her child was hungry even if she was not.
Ned also joined them, eating the same food pointedly as he sat on a small bench to the other side of the room from them. He seemed not to fear them harming him which amazed the men of the court.
After, Lizzy was stronger. She washed her face clear of mud and was able to stand, though her belly jutted out from her forcing her to lean back.
After Jeanie continued. "Mony a time ah heard mrs. Duncan singing in th' loaby while mr. Duncan wis sleeping."
"Whit kind o' singing?"
"Ominous incantations tae be sure."
Geillis scoffed at that.
The maid looked about at the crowd. "It wid send th' kittlins running fae th' hoose. Animals hae a hooter fur thae hings ye ken."
The crowd murmured agreement.
"Thay sense evil." The maid said.
Ned took a breath and sat forward looking up at the judges. "Sae na we're tae tak' th' testimony o' a cat?" He asked incredulously.
The crowd laughed at this and the elder judge beat down his gavel. "Mr. Gowan."
Ned rose to his feet. "Isnae it th' truth, mrs. Hume that ye wur unhappy in yer position at th' duncan's residence?"
"Ah wis ferr content thare." She said.
"Och, sae content that ye inquired aboot a position at castle leoch, seeing that ye wur under-paid 'n' under-admired?" Ned continued.
Geillis folded her arms and nodded.
Ned ruthlessly continued. "'n' whaur ye referred tae mr. Duncan, 'n' ah quote, as a 'flatulent auld sccunner,' 'n' his guidwife tae be a 'flibbertigibbet'." He said and the crowd roared with mirth as the girl's cheeks flamed.
"Ah dinnae recollect they wur mah exact wurds." Jeanie protested.
Ned smiled at her side. "Whit we hae 'ere, yer honors, is hee haw mair than th' grumblings o' a malcontented maidservant."
He moved back to his seat and the judge coughed a little. The younger waved his hand in dismissal. "Tak' a seat."
Jeanie did so.
"Let us summon th' neist witness, Robena Donaldson." The elder judge said.
The young woman came before the court looking very nervous. She rubbed her hands together and then looked about. "Mah jimmy 'n' ah hud an ailing bairn, born healthy, bit turned puny 'n' wabbit."
Lizzy took a breath. She knew instantly whose mother this was.
"We knew 'twas a fairy changeling. We placed it oan th' fairy's seat oan th' hill. We kept watch thro' th' nicht, sirs, sae as tae recover oor beloved bairn efter th' wee folk returned it. But...just afore morn, we saw her." She looked up at Lizzy. "She teuk th' bairn in her vile embrace 'n' spoke streenge spells ower it." The crowd gasped.
Lizzy closed her eyes. Jamie had been right. Someone had been watching.
"Whin th' sun rose, mah guid jimmy 'n' ah gaed tae see. 'n' thare we fun th' changeling bairn, deid oan th' hill..." The crowd gasped again. "...'n' na sign o' oor wee bairn. 'twas her wha haes dane th' wicked deed, sirs. Ah ken it in mah bones!" She cried and launched herself at Lizzy. She grabbed her hair and moved to scratch her face.
Lizzy gasped. "I was on that hill that night, but I didn't harm your child!" Lizzy protested. "I was trying to help him!"
"Sae ye admit it!" The elder judge asked.
"Witch!" Someone yelled.
"I am a healer!" Lizzy barked. "I heal, I do not harm!" she looked about. "I could not abandon a dying child! I was trying to..."
"Shhh." Ned came to her. "Dae nae further incriminate yersel'." He said gently. She stood hand on her belly as her child protested Lizzy's emotions. "Let me dae mah jab."
She took a breath and nodded.
Ned then turned collecting his thoughts and turned back to the mother. "You...you hae mah deepest sympathy fur th' loss o` yer beloved bairn." He stepped closer. "Bit kin ah ask, if ye wur thare, how come did ye nae stoap this wifie fae interfering wi' th' wirk o' th' fairies?"
"Ah wis feart." She said looking at him.
"Aye." He nodded. "Sae isnae it true, then, that yer fear 'n' silence allowed her tae contaminate th' bairn sae that whin th' fairies cam, thay cuid nae complete th' switch."
Lizzy looked down at the young woman who was staring up at her. Robena then looked at Ned and sniffled and then nodded and looked down.
"At least ye kin tak' comfort in knowing that 'twas th' changeling bairn that died..." He took her hands in his and held them. "...'n' yer ain bairn is healthy 'n' living forever wi' th' fairies."
She nodded. The crowd murmured agreement at that.
Ned nodded to Lizzy. "Mibbie we shuid thank this wifie, ower than condemning her."
The younger judge nodded a little. "Witness dismissed."
Robena nodded and dipped her head and then turned and went to her seat with her husband.
Lizzy looked at Ned as he returned to his seat. He had an odd skill at making the audience turn to his advantage. An odd and useful skill.
The next witness was one that Ned was not able to turn the evidence against, but he took a breath and looked at the women as the judges called a halt to the day.
Geillis was pulled down and her arms bound. Lizzy was also and she looked back at Ned.
"Ned."
"Thir's kist danger afoot." He said.
"What di you think of our prospects?" She asked.
"Weel, efter th'day, ah wager we staun a chance." He said.
"Did Colum send you?" She asked.
He nodded a little. He leaned close. "Bit ainlie tae save ye." He said softly nodding to her. She took a breath and nodded. She was pulled away. "Ned?"
He pressed something into the pocket of her dress. A flask. "Water O' lee." He whispered. "It wull keep ye taps aff th' nicht." He said watching them as they were pulled away.
ZzZ
That evening was just as cold, but the stiff drink passed between them helped. Lizzy sighed as she looked up as the morning came and the wardens came to fetch them.
Lizzy was given a chair again, though she had been able to walk better. She looked about at the men and women there as the judges called their first witness.
"Laoghaire MacKenzie." The said.
The young blond woman walked forward.
Lizzy felt her blood curdling.
"She wisnae mrs. Fraser whin we foremaist became acquainted." Laoghaire began. "She wis gaed by anither name."
"Gang oan." The younger judge said.
"Ah cam tae her fur a potion..." The crowd murmured. "...Tae open jamie fraser's hert tae mah ain." She said. She sniffled. "A'm sorry, tis loupin tae speak about...i wis th' yin, ye see, wha jamie wis meant tae mairie, bit she teuk th' potion herself." The crowd gasped in shock.
Lizzy bristled at that. Ned shot her a look and she took a calming breath and said nothing.
The girl continued. "Jamie wis mines 'n' she teuk him."
Lizzy blinked. "It wasn't a potion. I was meaning to help her, at the time. She did not tell me who it was for." She looked up. "Besides, but that point James was already my husband and had been for more than two years." The crowd murmured. She then continued. "I had already borne him a child and soon another would be on the way."
Laoghaire looked at her. "She hexed jamie 'n' turned him against me." She whimpered. "She stole him!"
"This is clearly nonsense." Lizzy said. "I didn't hex anyone."
"Silence!" The elder judge growled.
"Clearly, she's a jealous young lassie wi' a goosed hert." Ned said looking up at them.
"Aye. Mah hert wis goosed." Laoghaire said. "'n' whin ah confronted her, she struck me."
The elder judge looked down at Lizzy. "Did ye in fact strike this wifie?"
Lizzy looked up. "She put an ill wish under my bed." Lizzy said. She looked at them. "She then tried to seduce my husband!"
Laoghaire looked at her and sobbed. "He wis th' loue o' mah lee."
The crowd clamored. Lizzy looked at her.
"Burn them!"
"This girl is the reason I am here at all!" Lizzy growled. "She fabricated a note summoning me to Mrs. Duncan all the while knowing that the wardens were coming to make an arrest." Lizzy looked up. "Those tears are just further evidence that she is merely trying to get me out of the way..."
The elder judge looked at her. "Cease yer ramblings, wifie." He looked up. "Ca' th' neist witness."
The younger nodded. "His Reverence, Father Bain."
Lizzy took a breath and looked at Ned.
The tall form came down the aisle and then came to stand before them. "It's a pity. That ye hud allowed yourselves tae be seduced fae th' path o' righteousness by her beguiling sinfulness 'n' wicked allurement!"
Ned looked upwards. "Is this a trial or a sermon?"
"i fell tae mah knees 'n' prayed fur god tae curse her malevolence 'n' wreak his mighty vengeance upon her body 'n' soul." He turned to look at Lizzy. "'n' god answered mah prayers." He said.
The crowd agreed.
Lizzy looked at his pale form.
He shifted. "Ah cam tae th' castle seeking aide fae a healer. Instead thare wis none by she." He lifted his leg to show the wound that fiercely needed tending, red marks running out from the wound.
Lizzy gasped at the sight as did many in the room.
"She hud sent her hell hounds efter me tae keep me silent, bit god willed it nae!" He looked at the crowd. "He said tae me, 'you hae made a prodigious mistake.' whin young tommas wis seized by beelzebub, ah administered lest rites 'n' ah abandoned hawp. Blinded by vanity, hubris, ah rebuked Elizabeth Fraser." He looked about. "Bit 'twas she wha determined th' laddie wis peely-wally fae ingesting poison flora 'n' Elizabeth fraser did whit ah cuid nae, saved th' wee lads lee." He took a shaky breath. He took a breath and dropped to his knees. "Blessed congregation, hear mah confession, ah failed tommas, ah failed ye, 'n' ah failed god." He took a breath, lips pale as he twitched in agony both mental and physical. "A'm na langer worth tae serve th' guid holy fowk o' this parish." His voice was breaking. "Ah beseech ye. Let me gang."
There was a long silence.
Then someone jumped up and pointed at Geillis. "Bear witness tae her fiendish ploy! it wid tak' de'il his-sel tae take the motor a jimmy o' god awa'!"
The crowd clamored once more.
The elder judge beat the gavel against the desk her sat at. "Faither, this court forbids ye tae lea this parish." He took a breath. "Efter thae mony witness we..."
Ned jumped up. "Your honors, a momentary recess!" He cried.
The judges looked at each other and then nodded. "Very well."
Bain rose to his feet and nodded a little, in pain. He still turned back to Lizzy and smiled a little at her. She blinked.
The man was clever and she felt her blood run cold.
Ned nodded as the women were brought to the room where they ate their midday meals. Ned moved into the room and looked at them.
"This insae gaun weel. We need a freish form o' attack." He swallowed. "Lizzy. We mist save ainlie yin o' ye."
"One of us?" She asked.
"Aye Yin o' ye." Ned nodded.
Lizzy considered that. She looked at Geillis and back and took a deep breath. She knew this was not going to be easy and she knew that the judges were likely about condemn her to burn. Her belly would save her for now, but...
She looked at Ned evenly as he looked back.
"Well?"