Nevertheless, we were very nearly being tricked out of our fair trial after all, and a singularly ugly circumstance of the position in our eyes was the sudden reappearance, just then at Cairo, of Colvin, the man of all others most interested, after the Khedive, in preventing publicity. The Foreign Office object clearly now was to hurry on the trial, so as to get it over before Broadley should have time to arrive, for Tunis was and still is without any direct communication with Egypt, and it was probable that ten days would elapse before he could be there. Of Napier's sending they had no knowledge. Orders, therefore, were at once given as a first step that Arabi should be transferred from the safe keeping of the British Army to the ill-custody of the Khedivial police, where communication with the outside world would be effectually barred for him without the English Government incurring thereby any odium. This was done on the 4th of October, two days before Napier's arrival; and the trial was fixed for the 14th, while Broadley did not succeed in reaching Cairo till the 18th. Nothing but Napier's unexpected appearance at the English Agency disarranged the concerted plan.
A further step taken to hasten the end and make an English defence difficult was to select the French criminal military code for use in the court martial, a form which under an unscrupulous government gives great advantages to the prosecution. According to it a full interrogatory of prisoner and witnesses is permitted before these have seen counsel and they are thus easily intimidated, if they take a courageous attitude, from repeating their evidence at the trial. Thus both Arabi and others of his fellow prisoners were during the interval between the interrogatory and the day fixed for trial secretly visited by a number of the Khedive's eunuchs, who brutally assaulted and ill-treated them in their cells with a view of "breaking their spirit." Lastly, the Egyptian Government were permitted to declare that no counsel should be allowed to plead except in Arabic, thus excluding those we were sending to the prisoners' help. These particulars were telegraphed me by Napier soon after his arrival and made us anxious.