Nancy Stair Part 35

"GENTLEMEN OF THE JURY:

"The crime imputed to the prisoner at the bar is that of wilful murder, effected by means and in a manner most abhorred. Such an accusation naturally excites the indignation of honest minds against the criminal. I will not endeavor to increase it, and it is your duty to resist it and to investigate and determine the case wholly upon the evidence which will be placed before you.

"On the night of the twenty-third of February, 1788, John Stewart Aglionby Montrose, Duke of Borthwicke, was found, between the hours of midnight and one of the morning, dead in a desk-chair, in a chamber on the ground floor of Stair House, near Edinburgh, by Lord Stair and his serving-men, Huey MacGrath, John Elliott, and James MacColl. The window by the late duke it will be proven was wide open, forming an easy entrance from outside; a pistol, the property of the accused, was found lying by the chair upon which the duke sat, and a wound above the temple of the deceased was discovered, made by a bullet similar to those used in the pistol before mentioned.

"It will be proven by testimony of such a character and from such a source as to render it singularly forcible, that on the morning of the day previous to the night of the murder the accused had threatened the duke's life, applying vile and scurrilous names to the deceased; repeating these threats several times and in various forms.

"It will be proven that there had existed for the accused one of the most powerful incentives to murder known, in the fact that the late duke and he loved, and had loved for some time past, the same lady, Nancy, daughter to Lord Stair; that both had addressed her in marriage, and that in September last the quarrel between them rode so high that a meeting was arranged between the late duke and the accused; and there will be testimony to show that the duel was averted by the late duke's apologizing to Mr. Carmichael, a course urged upon him by the lady herself.

"It will be proven that in October past, after a bitter quarrel with Miss Stair, the accused espoused in a hasty (and in a person of his rank and station), unseemly manner, his mother's cousin, Miss Isabel Erskine; that since that time he has been little in her presence, leaving her alone at the time when a woman most needs the comfort and support of a husband's presence, and paying marked attentions, both in public and private, to the first lady of his choice.

"It will be proven that on the day preceding the murder there was published in an Edinburgh paper called The Lounger the news that an engagement of marriage had been contracted between the late John Stewart Aglionby Montrose, Duke of Borthwicke, Muir, etc., and Mistress Nancy Stair, only daughter of John Stair, Lord of Stair and Alton in the Mearns.

"It will be proven that immediately upon reading this the accused came directly to Stair, and after entering unannounced into the room where the lady was sitting, asked her if the tale were true, calling the late duke a thiever from the poor, a seducer of women, a man drenched in all manner of villainy, and one whom he would rather see her dead than married to. That he had declared that he still loved and had always loved her, that his marriage was but the result of a crazy jealousy, and besought her to promise him that she would never marry the duke. It will be proven by two competent witnesses that upon her refusing to do this, the accused had cried out, 'I will save you the promising, for I swear he shall never live to marry you.'

"It will be proven by a physician of repute that within ten minutes of the time of the murder the accused was seen, hatless, walking very fast or running away from Stair House toward his own home of Arran, and this along a very secluded and unusual path.

"In conclusion, testimony will be brought to show that the day before the murder the accused made an agreement with a boatman of Leith to keep a boat ready for him at an hour's notice, either for Ireland or France.

"It may be urged that this testimony, even if fully established, is purely circ.u.mstantial, for that none saw the accused commit the fatal deed. To this I would answer:

"The true question is, not what is the _kind_ of evidence in this cause, but what is the result of it in your minds.

"If it fail to satisfy you of the guilt of the prisoner, if your minds are not convinced, if you remain in doubt, you must acquit him, be the evidence positive or presumptive, because the law regards a man as innocent so long as any reasonable doubt of his guilt exists. But if, on the contrary, you are convinced of the fact, if there is no chance for a reasonable doubt to exist, it is imperatively your duty to yourselves, to your country, and to your G.o.d to convict, even if the evidence be wholly presumptive."

I set this extremely dry doc.u.ment down exactly as it is recorded in the files for two reasons: first, that it contains all of the charges against Danvers, and to show how black the case stood against him when I say that all Pitcairn said he would prove he proved to the last letter.

After my own testimony was taken, the nature of which is already known, I was granted the privilege of sitting beside Sandy and his boy, the three of us being joined daily by Billy Deuceace, whom I love to the minute of this writing for his devotion to my lad.

Nancy's appearance in court was naturally looked upon as the most exciting point of the trial, and the morning she was to be called the crowd was dense to suffocation, the court-officers busy, dashing to and fro, trying to keep some orderliness among the women, who jostled each other and gave vent to loud exclamations of annoyance in their efforts to get places from which the best view might be obtained. It is curious to note the way some trivial vexation will linger in the mind, for in recalling this scene it is the annoyance I had from Mrs. MacLeod, mine landlady of the Star and Garter, that stands out clearest in my memory of that dreadful waiting time.

She sat well to the front, giving herself important airs, and I could hear her going back and forth in whispers over the story of Nancy's visiting the duke at her house to obtain the pardon of Timothy Lapraik.

Wagging her head to and fro, applying her smelling-salts vigorously, and a.s.suming the manner of an intimate sufferer in the cause, she exasperated us to such an extent that Billy Deuceace was for throwing her out of a window.

When Nancy entered every eye in that immense throng was fixed upon her, and as she stood, so fair to see, in her black hat and gown, waiting to take the oath, Mrs. MacLeod's feelings overcame her entirely, and she cried out, in a loud voice: "Ah, the beauty! 'Tis her that should hae been a d.u.c.h.ess!" immediately falling into strong hysterics, upon which the macers summarily ejected her, to our great satisfaction, and Billy Deuceace all but cheered.

Danvers's bearing changed at the mere sound of Nancy's name, and the look of adoration that he cast upon her as she came near him was as unwise a piece of conduct as could well be imagined, and one which would have gone far toward convincing an onlooker of his willingness to die or to murder for her protection, if necessary. The look had no weight with the one for whom it was intended, however, for she let her eyes pa.s.s over rather than encounter his, turning from him, with what might easily seem a bit of disdain, to the business in hand.

As I gazed at her I noted with astonishment that the little creature's face seemed to have taken on something of Pitcairn's expression, and from the first moment to the clear end it was toward Pitcairn she gazed, her eyes tutored by his, her pa.s.sionless, unheated manner his own, her adjustments and discrimination in words showing her legal training, while he sat as a maiden schoolmistress might who listened to the reciting of a favorite pupil. As she went on with her tale; omitting nothing of the duel; dragging in details of the quarrel which seemed unnecessary; stating that for some time past Mr. Carmichael's attentions to her had been p.r.o.nounced to such an extent that she had shunned all company for fear of meeting him; damaging him in every way, as it appeared, while the poor fellow turned a piteous color, putting his hand over his eyes, and, for the first time in his great trouble, I saw his lips tremble and his body quiver with emotion. I could scarce endure the sight of this, and to show my feelings threw my arm across his shoulder, at which movement a murmur went through the crowd, no doubt at the oddity of the situation, that I should be so strongly marked on the one side and Nancy as strongly set on the other.

Danvers's conduct changed, however, before her testimony was finished, a thing which I was glad to see, for he brought himself together with fine bravery and courage, but with a bitterness showing in his face as of one who has been betrayed.

There were two things in Nancy's testimony to which I looked forward with dread. The first was the story of the cap, and the second the finding of the pistol which I was morally certain she had moved. The first of these was not mentioned at all, by which I knew that Pitcairn had had that incident concealed from him, and the pistol episode, about which I had been questioned at length, swearing that the first sight I had of the weapon was when it lay within a foot of the duke's hand, was answered like this:

_Question_.--"In what position was the pistol when you first saw it?"

_Answer_.--"I can not swear to that. My impression is that it lay with the barrel toward the window. As I pointed it out to my father, Lord Stair, I made a movement to go toward it, but he held me back, going himself to inspect it. From the distance at which I then stood it seemed to be directly under the duke's right hand, with the barrel toward the window."

It was after a full morning's hearing, during which it seemed there was nothing more she could have said for Danvers's undoing, that she was excused, to be followed by the villainous boatman, whose testimony showed all too clearly that Danvers had made ready a means of escape.

The prosecution rested with the testimony of this man, without one ray of hope for Danvers Carmichael that I could see, unless some of the jurymen were enlightened enough to refuse a conviction in a capital case on any evidence which was circ.u.mstantial or conjectural. Motive, abundant motive, had been proven; nearness to the crime at the time of the murder; the ownership of the weapon, a black spot for the defense to wipe out; and last, the means planned for an escape in case of discovery, as testified to by the boatman of Leith.

CHAPTER XXVI

THE DEFENSE

On the day that Magendie took the case I had a taste of another kind of lawing than Pitcairn's, for the London man, to speak in a common phrase, oiled everybody. He poured oil over Carew; he drenched Hugh Pitcairn in it; smoothed the jury with it, and I learned to the full the legal value of the unantagonistic mind. After this he turned a light on the case from the other side, giving it an entirely different appearance, holding up the slateful of charges against Danvers, and sponging them carefully off one by one, until I was amazed at his abilities.

There were three important gentlemen, conversant with the duke's habits, to prove that the duke's lung trouble had accustomed him to fresh air, that he slept with all of his windows raised, and that it was his custom to have the window open near him, no matter what the weather. And following came Huey, with the statements that both of the pistols had been at Stair House since before Mr. Danvers's marriage, and that he had put one of them, with a new hagged flint, in the desk at which his grace was writing, within a few days of the murder. Father Michel followed, saying that Danvers had spent the evening of the murder with him, trying to persuade him to go on a sail for a few days, leaving his house about midnight in a composed and quiet frame of mind, with his cap in his hand, it being his custom to go about in all kinds of weather in that manner, a habit contracted at the English school where he was educated. And before any one could stop him, Father Michel, who I knew was tutored to the illegal conduct by Magendie, said earnestly:

"I consider it my duty to state, with no betrayal of my sacred offices, that I know, by the confessional Mr. Carmichael to be innocent of this foul deed."

Pitcairn was roaring objections in a minute, with Carew sustaining him, as was but legally decent; but it mattered little, for the jurors had heard, and I knew that the holy man's words would stick in their minds at verdict time.

Following Father Michel came two respectable serving-men from Arran, declaring that early the morning after the murder Mr. Danvers had sent them to Leith to say that he no longer wanted the boat, and that they had found its owner, the one who had testified for the prosecution, in such a state of intoxication that they could not make their errand clear, and left the message with his errand-boy, who was produced to verify the truth of their statements. And after him came Nancy Stair again, recalled for the defense, to swear to a letter sent to the duke by her the morning of the day of his demise, which read as follows:

"MY DEAR, DEAR FRIEND:

"That I love you, you know; but that I can love you with that fondness which a wife should have for a husband is forever an impossibility to me. Perhaps after a time we may be friends again.

I have always admired your power. Of late I have admired your goodness as well.

"You say you will have no courage to go on without me, and I wish with all my heart I could love you as you desire, but my heart's all gone from me, and to one who never will know.

"'Courage to go on!' If I have it, can not you who are so much stronger have it as well?

"Affectionately your Friend,

"Nancy Stair."

And after, Jamie Henderlin swore that it was he who ran across the grounds, on his way home from a wedding, and that he had heard the shots and mentioned them to his mother on his arrival at the Burnside, thus identifying the small figure I had seen running through the shaft of light, and wiping away the last black mark on the slate against Danvers.

Mr. Magendie asked permission at this point to address the court, saying that the defense had been reserved by Mr. Carmichael's wish, and that the manner of the duke's taking off had been a known thing to both of them for more than a week, but that Mr. Carmichael had stood his trial in order that every charge against him might be cleared away. And after raising public expectation to its highest, and ridiculing the idea that a man of intelligence should murder another and leave a weapon heavily marked with his own name by the side of the dead; or that because a man had uttered some threats of again challenging one whom he had already met upon the field of honor, he should be accused of being a midnight a.s.sa.s.sin, there was called the last witness for the defense:

"Lord Rothermel!"

The entrance of this distinguished statesman, whose friendship for the great Pitt kept him constantly in the public eye, caused little less than a sensation. As he took the oath, I had a near view of him; his dignified bearing, his age, and his notable integrity showing at every turn, the tones of his voice filling the court with a peculiar resonance while he deponed as follows:

"I come," he said, "as a messenger from Mr. Pitt, who regrets that his Majesty's affairs, connected with the troublous times in France, prevent his leaving London. I have his deposition, however, and the case has been fully set before me by him, so that I feel I am in a position to tell the whole truth of this disastrous affair and to set Mr. Carmichael before the world as a free man.

"There existed between Mr. Pitt and the late Duke of Borthwicke, as the world knows, a peculiar friendship. On the third morning after the duke's death there came to Mr. Pitt a packet, taken from Stair House and mailed about five of the morning upon which the duke died, directed in the duke's hand, containing three things:

"First--The findings of the Lighthouse Commission.

"Second.--Some information from the French, a doc.u.ment of twenty-two pages, writ in a cipher known to but five persons in the United Kingdom, which paper alone convinced Mr. Pitt of the authenticity of the doc.u.ment; and last, a personal letter, the original of which Lord Rothermel begged to read before it be given to the jury: