(Vivie turns her head away.)

Judge, to Counsel:  “I do not quite see the bearing of your enquiries.”

Counsel:  “Why, Me Lud, it is common talk that prisoner is the well-known barrister, David Vavasour Williams; that in this disguise and as a pretended man she passed the necessary examinations and was called to the Bar, and—­”

Judge:  “But what bearing has this on the present charge, which is one of Arson?”

Counsel:  “I was endeavouring by my examination to show that the prisoner has often and successfully passed as a man, and that the evidence of witnesses who affirmed that they only saw a young man at or near the scene of these incendiary fires, that a young man, supposed to have set the stables alight, once dashed in and rescued two horses which had been overlooked, might well have been the prisoner who is alleged to have committed most of these crimes in man’s apparel—­”

Judge:  “I see.” (To Vivie) “Are you David Vavasour Williams?”

Vivie:  “Obviously not, my Lord.  My name is Vivien Warren and my sex is feminine.”

Judge, to Counsel:  “Well, proceed with your examination—­” (But here the Leader of the prosecution takes up the role and brushes his junior on one side).

Vivie of course was convicted.  The case was plain from the start, as to her guilt in having organized and carried out the destruction of several great Racing establishments or buildings connected with racing.  There had been no loss of life, but great damage to property—­perhaps two or three hundred thousand pounds, and a serious interruption in the racing fixtures of the late summer and early autumn.  The jury took note that on one occasion the prisoner in the guise of a young man had personally carried out the rescue of two endangered horses; and added a faintly-worded recommendation to mercy, seeing that the incentive to the crimes was political passion.

But the judge put this on one side.  In passing sentence he said:  “It is my duty, Vivien Warren, to inflict what in my opinion is a suitable and adequate sentence for the crime of which you have been most properly convicted.  I must point out to you that whatever may have been your motives, your deeds have been truly wicked because they have exposed hard-working people who had done you no wrong to the danger of being burnt, maimed or killed, or at the least to the loss of employment.  You have destroyed property of great value belonging to persons in no way concerned with the granting or withholding of the rights you claim for women.  In addition, you have for some time past been luring other people—­young men and young women—­to the committal of crime as your assistants or associates.  I cannot regard your case as having any political justification or standing, or as being susceptible of any mitigation by the recommendation of the jury.  The least sentence I can pass upon you is a sentence of Three years’ penal servitude.”