At the Mercy of Tiberius Part 34

A moment she paused, then raised her arms toward heaven and added, with a sudden exultant ring in her thrilling voice, and a strange rapt splendor in her uplifted eyes:

"Innocent! Innocent! Thou G.o.d knowest! Innocent of this sin, as the angels that see Thy face."

CHAPTER XVIII.

As a gla.s.sy summer sea suddenly quivers, heaves, billows under the strong steady pressure of a rising gale, so that human ma.s.s surged and broke in waves of audible emotion, when Beryl's voice ceased; for the grace and beauty of a sorrowing woman hold a spell more potent than volumes of forensic eloquence, of juridic casuistry, of rhetorical pyrotechnics, and at its touch, the latent floods of pity gushed; people sprang to their feet, and somewhere in the wide auditory a woman sobbed. Habitues of a celebrated Salon des Etrangers recall the tradition of a Hungarian n.o.bleman who, apparently calm, nonchalant, debonair, gambled desperately; "while his right hand, resting easily inside the breast of his coat, clutched and lacerated his flesh till his nails dripped with blood." With emotions somewhat a.n.a.logous, Mr.

Dunbar sat as partic.i.p.ant in this judicial rouge et noir, where the stakes were a human life, and the skeleton hand of death was already outstretched. Listening to the calm, mournful voice which alone had power to stir and thrill his pulses, he could not endure the pain of watching the exquisite face that haunted him day and night; and when he computed the chances of her conviction, a maddening perception of her danger made his brain reel.

To all of us comes a supreme hour, when realizing the adamantine limitations of human power, the "thus far, no farther" of relentless physiological, psychological and ethical statutes under which humanity lives, moves, has its being--our desperate souls break through the meshes of that pantheistic idolatry which kneels only to "Natural Laws"; and spring as suppliants to Him, who made Law possible. We take our portion of happiness and prosperity, and while it lasts we wander far, far away in the seductive land of philosophical speculation, and revel in the freedom and irresponsibility of Agnosticism; and lo! when adversity smites, and bankruptcy is upon us, we toss the husks of the "Unknowable and Unthinkable" behind us, and flee as the Prodigal who knew his father, to that G.o.d whom (in trouble) we surely know.

Certainly Lennox Dunbar was as far removed from religious tendencies as conformity to the canons of conventional morality and the habits of an honorable gentleman in good society would permit; yet to-day, in the intensity of his dread, lest the "consummate flower" of his heart's dearest hope should be laid low in the dust, he involuntarily invoked the aid of a long-forgotten G.o.d; and through his set teeth a prayer struggled up to the throne of that divine mercy, which in sunshine we do not see, but which as the soul's eternal lighthouse gleams, glows, beckons in the blackest night of human anguish. In boyhood, desiring to please his invalid and slowly dying mother, he had purchased and hung up opposite her bed, an illuminated copy of her favorite text; and now, by some subtle trans.m.u.tation in the conservation of spiritual energy, each golden letter of that Bible text seemed emblazoned on the dusty wall of the court-room: "G.o.d is our refuge and strength, a very present help in trouble."

When a stern reprimand from the Judge had quelled all audible expression of the compa.s.sionate sympathy that flowed at the prisoner's story--as the flood at h.o.r.eb responded to Moses' touch--there was a brief silence.

Mr. Dunbar rose, crossed the intervening s.p.a.ce and stood with his hand on the back of Beryl's chair; then moved on closer to the jury box.

"May it please your Honor, and Gentlemen of the Jury: Sometimes mistakes are crimes, and he who through unpardonable rashness commits them, should not escape 'unwhipped of justice'. When a man in the discharge of that which he deemed a duty, becomes aware that unintentionally he has perpetrated a great wrong, can he parley with pride, or dally, because the haunting ghost of consistency waves him back from the path of a humiliating reparation? Error is easy, confession galling; and stepping down from the censor's seat to share the mortification of the pillory, is at all times a peculiarly painful reverse; hence, powerful indeed must be the conviction which impels a man who prided himself on his legal astuteness, to come boldly into this sacred confessional of truth and justice and plead for absolution from a stupendous mistake. Two years ago, I became Gen'l Darrington's attorney, and when his tragic death occurred in October last, my professional relations, as well as life-long friendship, incited me to the prompt apprehension of the person who had murdered him. After a careful and apparently exhaustive examination of the authenticated facts, I was convinced that they pointed only in one direction; and in that belief, I demanded and procured the arrest of the prisoner. For her imprisonment, her presence here to-day, her awful peril, I hold myself responsible; and now, gentlemen of the jury, I ask you as men having hearts of flesh, and all the honorable instincts of manhood, which alone could const.i.tute you worthy umpires in this issue of life or death, do you, can you wonder that regret sits at my ear, chanting mournful dirges, and remorse like a harpy fastens her talons in my soul, when I tell you, that I have committed a blunder so frightful, that it borders on a crime as heinous as that for which my victim stands arraigned? Wise was the spirit of a traditional statute, which decreed that the author of a false accusation should pay the penalty designed for the accused; and just indeed would be the retribution, that imposed on me the suffering I have entailed on her.

"Acknowledging the error into which undue haste betrayed me, yet confident that divine justice, to whom I have sworn allegiance, has recalled me from a false path to one that I can now tread with absolute certainty of success, I come to-day into this, her sacred temple, lay my hand on her inviolate altar, and claiming the approval of her officiating high-priest, his Honor, appeal to you, gentlemen of the jury, to give me your hearty co-operation in my effort to repair a foul wrong, by vindicating innocence.

"Professors of ophthalmology in a diagnosis of optical diseases, tell us of a symptom of infirmity which they call pseudoblepsis, or 'false sight.' Legal vision exhibits, now and then, a corresponding phase of unconscious perversion of sight, whereby objects are perceived that do not exist, and objects present become transformed, distorted; and such an instance of exaggerated metamorphosia is presented to-day, in the perverted vision of the prosecution. In the incipiency of this case, prior to, and during the preliminary examination held in October last, I appeared in conjunction with Mr. Wolverton, as a.s.sistant counsel in the prosecution, represented by the Honorable Mr. Churchill, District Solicitor; the object of said prosecution being the conviction of the prisoner, who was held as guilty of Gen'l Darrington's death.

Subsequent reflection and search necessitated an abandonment of views that could alone justify such a position; and after consultation with my colleagues I withdrew; not from the prosecution of the real criminal, to the discovery and conviction of whom I shall dedicate every energy of my nature, but from the pursuit of one most unjustly accused. Anomalous as is my att.i.tude, the dictates of conscience, reason, heart, force me into it; and because I am the implacable prosecutor of Gen'l Darrington's murderer, _I_ COME TO PLEAD IN DEFENSE OF THE PRISONER, whom I hold guiltless of the crime, innocent of the charge in the indictment. In the supreme hour of her isolation, she has invoked only one witness; and may that witness, the G.o.d above us, the G.o.d of justice, the G.o.d of innocence, grant me the inspiration, and nerve my arm to s.n.a.t.c.h her from peril, and triumphantly vindicate the purity of her n.o.ble heart and life."

Remembering the important evidence which he had furnished to the prosecution, only a few hours previous, when on the witness stand, people looked at one another questioningly; doubting the testimony of their own senses; and VOX POPULI was not inaptly expressed by the whispered e.j.a.c.u.l.a.t.i.o.n of Bedney to Dyce.

"Judgment day must be breaking! Mars Lennox is done turned a double summersett, and lit plum over on t'other side! It's about ekal to a spavinned, ring-boned, hamstrung, hobbled horse clearin' a ten-rail fence! He jumps so beautiful, I am afeered he won't stay whar he lit!"

Comprehending all that this public recantation had cost a proud man, jealous of his reputation for professional tact and skill, as well as for individual ac.u.men, Beryl began to realize the depth and fervor of the love that prompted it; and the merciless ordeal to which he would subject her. Inflicting upon himself the smarting sting of the keenest possible humiliation, could she hope that in the attainment of his aim he would spare her? If she threw herself even now upon his mercy, would he grant to her that which he had denied himself?

Dreading the consequences of even a moment's delay, she rose, and a hot flush crimsoned her cheeks, as she looked up at the Judge.

"Is it my privilege to decide who shall defend me? Have I now the right to accept or reject proffered aid?"

"The law grants you that privilege; secures you that right."

"Then I decline the services of the counsel who offers to plead in my defence. I wish no human voice raised in my behalf, and having made my statement in my own defence, I commit my cause to the hands of my G.o.d."

For a moment her eyes dwelt upon the lawyer's, and as she resumed her seat, she saw the spark in their blue depths leap into a flame.

Advancing a few steps, his handsome face aglow, his voice rang like a bugle call:

"May it please your Honor: Anomalous conditions sanction, necessitate most anomalous procedure, where the goal sought is simple truth and justice; and since the prisoner prefers to rest her cause, I come to this bar as Amicus Curiae, and appeal for permission to plead in behalf of my clients, truth and justice, who hold me in perpetual retainment.

In prosecution of the real criminal, in order to unravel the curiously knitted web, and bring the culprit to summary punishment, I ask you, gentlemen of the jury, to ponder dispa.s.sionately the theory I have now the honor to submit to your scrutiny.

"The prisoner, whom I regard as the victim of my culpable haste and deplorably distorted vision, is as innocent of Gen'l Darrington's murder as you or I; but I charge, that while having no complicity in that awful deed, she is nevertheless perfectly aware of the name of the person who committed it. Not particeps crimmis, neither consenting to, aiding, abetting nor even acquainted with the fact of the crime, until accused of its perpetration; yet at this moment in possession of the only clue which will enable justice to seize the murderer. Conscious of her innocence, she braves peril that would chill the blood of men, and extort almost any secret; and shall I tell you the reason? Shall I give you the key to an enigma which she knows means death?

"Gentlemen of the jury, is there any sacrifice so tremendous, any anguish so keen, any shame so dreadful, any fate so overwhelmingly terrible as to transcend the endurance, or crush the power of a woman's love? Under this invincible inspiration, when danger threatens her idol, she knows no self; disgrace, death affright her not; she extends her arms to arrest every approach, offers her own breast as a shield against darts, bullets, sword thrusts, and counts it a privilege to lay down life in defence of that idol. O! loyalty supreme, sublime, immortal! thy name is woman's love.

"All along the march of humanity, where centuries have trailed their dust, traditions gleam like monuments to attest the victory of this immemorial potency, female fidelity; and when we of the nineteenth century seek the n.o.blest, grandest type of merely human self-abnegation, that laid down a pure and happy life, to prolong that of a beloved object, we look back to the lovely image of that fair Greek woman, who, when the parents of the man she loved refused to give their lives to save their son, summoned death to accept her as a willing victim; and deeming it a privilege, went down triumphantly into the grave. Sustained, exalted by this most powerful pa.s.sion that can animate and possess a human soul, the prisoner stands a pure, voluntary, self-devoted victim; defying the terrors of the law, consenting to condemnation--surrendering to an ignominious death, in order to save the life of the man she loves.

"Grand and beautiful as is the spectacle of her calm mournful heroism, I ask you, as men capable of appreciating her n.o.ble self-immolation, can you permit the consummation of this sacrifice? Will you, dare you, selected, appointed, dedicated by solemn oaths to administer justice, prove so recreant to your holy trust as to aid, abet, become accessories to, and responsible for the murder of the prisoner by accepting a stainless victim, to appease that violated law which only the blood of the guilty can ever satisfy?

"In order to avert so foul a blot on the escutcheon of our State judiciary, in order to protect innocence from being slaughtered, and supremely in order to track and bring to summary punishment the criminal who robbed and murdered Gen'l Darrington, I now desire, and request, that your Honor will permit me to cross-examine the prisoner on the statement she has offered in defence."

"In making that request, counsel must be aware that it is one of the statutory provisions of safety to the accused, whom the law holds innocent until proved guilty, that no coercion can be employed to extort answers. It is, however, the desire of the court, and certainly must accrue to the benefit of the prisoner, that she should take the witness stand in her own defence."

For a moment there was neither sound nor motion.

"Will the prisoner answer such questions as in the opinion of the court are designed solely to establish her innocence? If so, she will take the stand."

With a sudden pa.s.sionate movement at variance with her demeanor throughout the trial, she threw up her clasped hands, gazed at them, then pressed them ring downward as a seal upon her lips; and after an instant, answered slowly:

"Now and henceforth, I decline to answer any and all questions. I am innocent, entirely innocent. The burden of proof rests upon my accusers."

As Mr. Dunbar watched her, noted the scarlet spots burning on her cheeks, the strange expression of her eyes that glowed with unnatural l.u.s.tre, a scowl darkened his face; a cruel smile curved his lips, and made his teeth gleam. Was it worth while to save her against her will; to preserve the heart he coveted, for the vile miscreant to whom she had irrevocably given it? With an upward movement of his n.o.ble head, like the impatient toss of a horse intolerant of curb, he stepped back close to the girl, and stood with his hand on the back of her chair.

"In view of this palpable evasion of justice through obstinate non responsion, will it please the Court to overrule the prisoner's objection?"

Several moments elapsed before Judge Parkman replied, and he gnawed the end of his grizzled mustache, debating the consequences of dishonoring precedent--that fetich of the Bench.

"The Court cannot so rule. The prisoner has decided upon the line of defence, as is her inalienable right; and since she persistently a.s.sumes that responsibility, the Court must sustain her decision."

The expression of infinite and intense relief that stole over the girl's countenance, was, noted by both judge and jury, as she sank back wearily in her chair, like one lifted from some rack of torture.

Resting thus, her shoulder pressed against the hand that lay on the top of the chair, but he did not move a finger; and some magnetic influence drew her gaze to meet his. He felt the tremor that crept over her, understood the mute appeal, the prayer for forbearance that made her mournful gray eyes so eloquent, and a sinister smile distorted his handsome mouth.

"The spirit and intent of the law, the usages of criminal practice, above all, h.o.a.ry precedent, before which we bow, each and all sanction your Honor's ruling; and yet despite everything, the end I sought is already attained. Is not the refusal of the prisoner proof positive, 'confirmation strong as proofs of Holy Writ' of the truth of my theory?

With jealous dread she seeks to lock the clue in her faithful heart, courting even the coffin, that would keep it safe through all the storms of time. Impregnable in her citadel of silence, with the cohorts of Codes to protect her from escalade and a.s.sault, will the guardians of justice have obeyed her solemn commands when they permit the prisoner to light the funeral pyre where she elects to throw herself--a vicarious sacrifice for another's sins? For a nature so exalted, the Providence who endowed it has decreed a n.o.bler fate; and by His help, and that of your twelve consciences, I purpose to save her from a species of suicide, and to consign to the hangman the real criminal.

The evidence now submitted, will be furnished by the testimony of witnesses who, at my request, have been kept without the hearing of the Court."

He left Beryl's chair, and once more approached the jury,

"Isam Hornbuckle."

A negro man, apparently sixty years old, limped into the witness stand, and having been sworn, stood leaning on his stick, staring uneasily about him.

"What is your name?"

"Isam Clay Hornbuckle."

"Where do you live?"

"Nigh the forks of the road, close to 'Possum Ridge."

"How far from town?"