Patten then appeared to further merit the mercy which had been extended to him, by aiding in the taking away of another man’s life. His testimony was of the usual quality: he had seen Gascogne busily and hotly engaged, a fierce Jacobite partisan. Patten’s fellow knave, Calderwood, also appeared. When the ex-quartermaster stepped into the box, Dick Gascogne probably felt a ray of hope beginning to beam upon him; for Calderwood had called upon his old comrade in Newgate a day or two before, and told him that he, Calderwood, could depose nothing of importance against him. The prisoner was struck with amazement, therefore, when the pardoned Jacobite now swore that, at Preston, Gascogne sat as a member of the Council of War. The latter protested down to his dying hour that he did not even know the house in which the council assembled. [Sidenote: _THE DUCHESS OF ORMOND._] Great interest was given to this trial by the appearance in court of the Duchess of Ormond and Lady Emily Butler, the duke’s sister. There was a great gathering outside to see the wife of the ‘once illustrious’ Ormond pass into Westminster Hall to give evidence in behalf of the Jacobite prisoner. Chairs were placed for them in court. They were both sworn, and their testimony was given in order to weaken that of a gentleman named Wye, who seems to have been a secret agent in the pay of the Government. Wye deposed that he once saw the prisoner in a room at the Duchess of Ormond’s when the duchess was present, and also ‘a gentleman dressed very fine, in laced scarlet clothes,’ whom he afterwards knew as Mr. Charles Cotton,――one of the criminated Jacobites. Wye must have been in the duchess’s closet in the character of a Jacobite himself. He deposed that on Gascogne being introduced, he stated that he had just come from France, that he had seen the duke six days previously at Bayonne, in good health, and that King James and his grace would soon be in England. The duchess called for a map to note the locality; and then asked Gascogne if the report was true that there had been found on Sir William Wyndham ‘letters of dangerous consequences?’ Gascogne did not know, but he said that, if Sir William carried such letters, he deserved to be whipped like a school-boy; and that if he were really in custody, the whole design was ruined, and that above a hundred gentlemen would be compromised, as they waited for his signal to bring forward eight or nine thousand men, of whom he was to be the leader. [Sidenote: _GASCOGNE’S DEFENCE._]