The Trial; Or, More Links of the Daisy Chain Part 40

'Then you understood the prisoner not to express a deliberate purpose, so much as a vague design.'

'Just so,' said Aubrey. 'A design that depended on how things went on at the mill.' And being desired to explain his words, he added, that Leonard had said he could not bear the sight of Sam Axworthy's tyranny over the old man, and was resolved not to stay, if he were made a party to any of the dishonest tricks of the trade.

'In that case, did he say where he would have gone?'

'First to New Zealand, to my brother, the Reverend Norman May.'

Leonard's counsel was satisfied with the colour the conversation had now a.s.sumed; but the perils of re-examination were not over yet, for the adverse lawyer requested to know whence the funds were to have come for this adventurous voyage.

'We laughed a little about that, and he said he should have to try how far his quarter's salary would go towards a pa.s.sage in the steerage.'

'If your friend expressed so strong a distaste to his employers and their business, what induced him to enter it?'

Leonard's counsel again objected to this inquiry, and it was not permitted. Aubrey was dismissed, and, flushed and giddy, was met by his brother Tom, who almost took him in his arms as he emerged from the pa.s.sage.

'O, Tom! what have I done?'

'Famously, provided there's no miller in the jury. Come,' as he felt the weight on his arm, 'Flora says I am to take you down and make you take something.'

'No, no, no, I can't! I must go back.'

'I tell you there's nothing going on. Every one is breathing and baiting.' And he got him safe to a pastrycook's, and administered brandy cherries, which Aubrey bolted whole like pills, only entreating to return, and wanting to know how he thought the case going.

'Excellently. Hazlitt's evidence and yours ought to carry him through.

And Anderson says they have made so much out of the witnesses for the prosecution, that they need call none for the defence; and so the enemy will be balked of their reply, and we shall have the last word. I vow I have missed my vocation. I know I was born for a barrister!'

'Now may we come back?' said the boy, overwhelmed by his brother's cheeriness; and they squeezed into court again, Tom inserting Aubrey into his own former seat, and standing behind him on half a foot at the angle of the pa.s.sage. They were in time for the opening of the defence, and to hear Leonard described as a youth of spirit and promise, of a disposition that had won him general affection and esteem, and recommended to universal sympathy by the bereavement which was recent in the memory of his fellow-townsmen; and there was a glance at the mourning which the boy still wore.

'They had heard indeed that he was quick-tempered and impulsive; but the gentlemen of the jury were some of them fathers, and he put it to them whether a ready and generous spirit of indignation in a lad were compatible with cowardly designs against helpless old age; whether one whose recreations were natural science and manly exercise, showed tokens of vicious tendencies; above all, whether a youth, whose friendship they had seen so touchingly claimed by a son of one of the most highly respected gentlemen in the county, were evincing the propensities that lead to the perpetration of deeds of darkness.'

Tom patted Aubrey on the shoulder; and Aubrey, though muttering 'humbug,' was by some degrees less wretched.

'Men did not change their nature on a sudden,' the counsel continued; 'and where was the probability that a youth of character entirely unblemished, and of a disposition particularly humane and generous, should at once rush into a crime of the deep and deadly description, to which a long course of dissipation, leading to perplexity, distress, and despair, would be the only inducement?'

He then went on to speak of Leonard's position at the mill, as junior clerk. He had been there for six months, without a flaw being detected, either in his integrity, his diligence, or his regularity; indeed, it was evident that he had been gradually acquiring a greater degree of esteem and confidence than he had at first enjoyed, and had been latterly more employed by his uncle. That a young man of superior education should find the daily drudgery tedious and distasteful, and that one of sensitive honour should be startled at the ordinary, he might almost say proverbial, customs of the miller's trade, was surprising to no one; and that he should unbosom himself to a friend of his own age, and indulge together with him in romantic visions of adventure, was, to all who remembered their own boyhood, an ill.u.s.tration of the freshness and ingenuousness of the character that thus unfolded itself. Where there were day-dreams, there was no room for plots of crime.

Then ensued a species of apology for the necessity of entering into particulars that did not redound to the credit of a gentleman, who had appeared before the court under such distressing circ.u.mstances as Mr.

Samuel Axworthy; but it was needful that the condition of the family should be well understood, in order to comprehend the unhappy train of events which had conducted the prisoner into his present situation. He then went through what had been traceable through the evidence--that Samuel Axworthy was a man of expensive habits, and accustomed to drain his uncle's resources to supply his own needs; showing how the sum, which had been intrusted to the prisoner, to be paid into the local bank, had been drawn out by the elder nephew as soon as he became aware of the deposit; and how, shortly after, the prisoner had expressed to Aubrey May his indignation at the tyranny exercised on his uncle.

'By and by, another sum is ama.s.sed,' continued Leonard's advocate. 'How dispose of it? The local bank is evidently no security from the rapacity of the elder nephew. Once aware of its existence, he knows how to use means for compelling its surrender; and the feeble old man can no longer call his hard-earned gains his own except on sufferance.

The only means of guarding it is to lodge it secretly in a distant bank, without the suspicion of his nephew Samuel; but the invalid is too infirm to leave his apartment; his fingers, crippled by gout, refuse even to guide the pen. He can only watch for an opportunity, and this is at length afforded by the absence of the elder nephew for two days at the county races. This will afford time for a trustworthy and intelligent messenger to convey the sum to town, deposit it in Messrs, Drummond's bank, and return un.o.bserved. When, therefore, supper is brought in, Mr. Axworthy sends for the lad on whom he has learnt to depend, and shows much disappointment at his absence. Where is he? Is he engaged with low companions in the haunts of vice, that are the declivity towards crime? Is he gaming, or betting, or drinking? No.

He has obeyed the summons of his country; he is a zealous volunteer, and is eagerly using a weapon presented to him by a highly respected gentleman of large fortune in a neighbouring county; nay, so far is he from any sinister purpose, that he is making an appointment with a fellow-rifleman for the ensuing Monday. On his return at dark, he receives a pressing summons to his uncle's room, and hastens to obey it without pausing to lay aside his rifle. The commission is explained, and well understanding the painfulness of the cause, he discreetly asks no questions, but prepares to execute it. The sum of 124 12s. is taken from the drawer of the desk, the odd money a.s.signed to travelling expenses, the 120 placed in a bag brought in from the office for the purpose, bearing the initials of the owner, and a receipt in a private pocket-book was signed by him for the amount, and left open on the table for the ink to dry.

'Who that has ever been young, can doubt the zest and elevation of receiving for the first time a confidential mission? Who can doubt that even the favourite weapon would be forgotten where it stood, and that it would only be accordant to accredited rules that the window should be preferable to the door? Had it not already figured in the visions of adventure in the Sunday evening's walk? was it not a favourite mode of exit in the mornings, when bathing and fishing were more attractive than the pillow! Moreover, the moonlight disclosed what appeared like a figure in the court-yard, and there was reason at the time to suppose it a person likely to observe and report upon the expedition. The opening of the front door might likewise attract notice; and if the cousin should, as was possible, return that night, the direct road was the way to meet him. The hour was too early for the train which was to be met, but a lighted candle would reveal the vigil, and moonlight on the meadows was attractive at eighteen.

Gentlemen of soberer and maturer years might be incredulous, but surely it was not so strange or unusual for a lad, who indulged in visions of adventure, to find a moonlight walk by the river-side more inviting than a bed-room.

'Shortly after, perhaps as soon as the light was extinguished, the murder must have been committed. The very presence of that light had been guardianship to the helpless old man below. When it was quenched, nothing remained astir, the way from without was open, the weapon stood only too ready to hand, the memorandum-book gave promise of booty and was secured, though nothing else was apparently touched. It was this very book that contained the signature that would have exonerated the prisoner, and to which he fearlessly appealed upon his arrest at the Paddington Station, before, for his additional misfortune, he had time to discharge himself of his commission, and establish his innocence by the deposit of the money at the bank. He has thus for a while become the victim of a web of suspicious circ.u.mstances. But look at these very circ.u.mstances more closely, and they will be found perfectly consistent with the prisoner's statement, never varying, be it remembered, from the explanation given to the policeman in first surprise and horror of the tidings of the crime.

'It might have been perhaps thought that there was another alternative between entire innocence and a deliberate purpose of robbery and murder-namely, that reproof from the old man had provoked a blow, and that the means of flight had been hastily seized upon in the moment of confusion and alarm. This might have been a plausible line of defence, and secure of a favourable hearing; but I beg to state that the prisoner has distinctly refused any such defence, and my instructions are to contend for his perfect innocence. A nature such as we have already traced is, as we cannot but perceive, revolted by the bare idea of violence to the aged and infirm, and recoils as strongly from the one accusation as from the other.

'The prisoner made his statement at the first moment, and has adhered to it in every detail, without confusion or self-contradiction. It does not attempt to explain all the circ.u.mstances, but they all tally exactly with his story; he is unable to show by whom the crime could have been committed, nor is he bound in law or justice so to do; nay, his own story shows the absolute impossibility of his being able to explain what took place in his absence. But mark how completely the established facts corroborate his narrative. Observe first the position in which the body was found, the head on the desk, the stain of blood corresponding with the wound, the dress undisturbed, all manifestly untouched since the fatal stroke was dealt. Could this have been the case, had the key of the drawer of gold been taken from the waistcoat pocket, the chain from about the neck of the deceased, and both replaced after the removal of the money and relocking the drawer!

Can any one doubt that the drawer was opened, the money taken out, and the lock secured, while Mr. Axworthy was alive and consenting? Again, what robber would convey away the spoil in a bag bearing the initials of the owner, and that not caught up in haste, but fetched in for the purpose from the office? Or would so tell-tale a weapon as the rifle have been left conspicuously close at hand? There was no guilty precipitation, for the uniform had been taken off and folded up, and with a whole night before him, it would have been easy to reach a more distant station, where his person would not have been recognized. Why, too, if this were the beginning of a flight and exile, should no preparation have been made for pa.s.sing a single night from home? why should a day-ticket have been asked for? No, the prisoner's own straightforward, unvarnished statement is the only consistent interpretation of the facts, otherwise conflicting and incomprehensible.

'That a murder has been committed is unhappily too certain. I make no attempt to unravel the mystery. I confine myself to the far more grateful task of demonstrating, that to fasten the imputation on the accused, would be to overlook a complication of inconsistencies, all explained by his own account of himself, but utterly inexplicable on the hypothesis of his guilt.

'Circ.u.mstantial evidence is universally acknowledged to be perilous ground for a conviction; and I never saw a case in which it was more manifestly delusive than in the present, bearing at first an imposing and formidable aspect, but on examination, confuted in every detail.

Most a.s.suredly,' continued the counsel, his voice becoming doubly earnest, 'while there is even the possibility of innocence, it becomes inc.u.mbent on you, gentlemen of the jury, to consider well the fearful consequences of a decision in a matter of life or death--a decision for which there can be no reversal. The facts that have come to light are manifestly incomplete. Another link in the chain has yet to be added; and when it shall come forth, how will it be if it should establish the guiltlessness of the prisoner too late? Too late, when a young life of high promise, and linked by close family ties, and by bonds of ardent friendship with so many, has been quenched in shame and disgrace, for a crime to which he may be an utter stranger.

'The extinction of the light in that upper window was the sign for darkness and horror to descend on the mill! Here is the light of life still burning, but a breath of yours can extinguish it in utter gloom, and then who may rekindle it! Nay, the revelation of events that would make the transactions of that fatal night clear as the noonday, would never avail to rekindle the lamp, that may yet, I trust, shine forth to the world--the clearer, it may be, from the unmerited imputations, which it has been my part to combat, and of which his entire life is a confutation.'

Mrs. Pugh was sobbing under her veil; Gertrude felt the cause won. Tom noiselessly clapped the orator behind his brother's back, and nodded his approval to his father. Even Leonard lifted up his face, and shot across a look, as if he felt deliverance near after the weary day, that seemed to have been a lifetime already, though the sunbeams were only beginning to fall high and yellow on the ceiling, through the heated stifling atmosphere, heavy with anxiety and suspense. Doctor May was thinking of the meeting after the acquittal, of the telegram to Stoneborough, of the sister's revival, and of Ethel's greeting.

Still the judge had to sum up; and all eyes turned on him, knowing that the fate of the accused would probably depend on the colouring that the facts adduced would a.s.sume in his hands. Flora, who met him in society, was struck by the grave and melancholy bracing, as it were, of the countenance, that she had seen as kindly and bright as her father's; and the deep, full voice, sad rather than stern, the very tone of which conveyed to every mind how heavy was the responsibility of justice and impartiality. In effect, the very force of the persuasions made for the defence, unanswered by the prosecution, rendered it needful for him to give full weight to the evidence for the other side; namely, the prisoner's evident impatience of his position, and premeditated flight, the coincidence of the times, the being the last person seen to enter the room, and with the very weapon that had been the instrument of the crime; the probability that the deceased had himself opened the drawer, the open window, the flight, and the missing sum being found on his person, the allegation that the receipt would be found in the pocket-book, unsupported by any testimony as to the practice of the deceased; the strangeness of leaving the premises so much too early for the train, and, by his own account, leaving a person prowling in the court, close to his uncle's window. No opinion was given; but there was something that gave a sense that the judge felt it a crushing weight of evidence. Yet so minutely was every point examined, so carefully was every indication weighed which could tend to establish the prisoner's innocence, that to those among his audience who believed that innocence indubitable, it seemed as if his arguments proved it, even more triumphantly than the pleading of the counsel, as, vibrating between hope and fear, anxiety and grat.i.tude, they followed him from point to point of the unhappy incident, hanging upon every word, as though each were decisive.

When at length he ceased, and the jury retired, the breathless stillness continued. With some, indeed, there was the relaxation of long-strained attention, eyes unbent, and heads turned, but Flora had to pa.s.s her arm round her little sister, to steady the child's nervous trembling; Aubrey sat rigid and upright, the throbs of his heart well-nigh audible; and Dr. May leant forward, and covered his eyes with his hand; Tom, who alone dared glance to the dock, saw that Leonard too had retired. Those were the most terrible minutes they had ever spent in their lives; but they were minutes of hope--of hope of relief from a burthen, becoming more intolerable with every second's delay ere the rebound.

Long as it seemed to them, it was not in reality more than a quarter of an hour before the jury returned, and with slow grave movements, and serious countenances, resumed their places. Leonard was already in his; his cheek paler, his fingers locked together, and his eyes scanning each as they came forward, and one by one their names were called over.

His head was erect, and his bearing had something undaunted, though intensely anxious.

The question was put by the clerk of the court, 'How find you? Guilty or Not guilty?'

Firmly, though sadly, the foreman rose, and his answer was, 'We find the prisoner guilty; but we earnestly recommend him to mercy.'

Whether Tom felt or not that Aubrey was in a dead faint, and rested against him as a senseless weight, he paid no visible attention to aught but one face, on which his eyes were riveted as though nothing would ever detach them--and that face was not the prisoner's.

Others saw Leonard's face raised upwards, and a deep red flush spread over brow and cheek, though neither lip nor eye wavered.

Then came the question whether the prisoner had anything to say, wherefore judgment should not be pa.s.sed upon him.

Leonard made a step forward, and his clear steady tone did not shake for a moment as he spoke. 'No. I see that appearances are so much against me, that man can hardly decide otherwise. I have known from the first that nothing could show my innocence but the finding of the receipt. In the absence of that one testimony, I feel that I have had a fair trial, and that all has been done for me that could be done; and I thank you for it, my Lord, and you, Gentlemen,' as he bent his head; then added, 'I should like to say one thing more. My Lord, you would not let the question be asked, how I brought all this upon myself. I wish to say it myself, for it is that which makes my sentence just in the sight of G.o.d. It is true that, though I never lifted my hand against my poor uncle, I did in a moment of pa.s.sion fling a stone at my brother, which, but for G.o.d's mercy, might indeed have made me a murderer. It was for this, and other like outbreaks, that I was sent to the mill; and it may be just that for it I should die--though indeed I never hurt my uncle.'

Perhaps there was something in the tone of that one word, indeed, which, by recalling his extreme youth, touched all hearts more than even the manly tone of his answer, and his confession. There was a universal weeping and sobbing throughout the court; Mrs. Pugh was on the verge of hysterics, and obliged to be supported away; and Gertrude was choking between the agony of contagious feeling and dread of Flora's displeasure; and all the time Leonard stood calm, with his brave head and lofty bearing, wound up for the awful moment of the sentence.

The weeping was hushed, when the crier of the court made proclamation, commanding all persons on pain of imprisonment to be silent. Then the judge placed on his head the black cap, and it was with trembling hands that he did so; the blood had entirely left his face, and his lips were purple with the struggle to contend with and suppress his emotion. He paused, as though he were girding himself up to the most terrible of duties, and when he spoke his voice was hollow, as he began:

'Leonard Axworthy Ward, you have been found guilty of a crime that would have appeared impossible in one removed from temptation by birth and education such as yours have been. What the steps may have been that led to such guilt, must lie between your own conscience and that G.o.d whose justice you have acknowledged. To Him you have evidently been taught to look; and may you use the short time that still remains to you, in seeking His forgiveness by sincere repentance. I will forward the recommendation to mercy, but it is my duty to warn you that there are no such palliating circ.u.mstances in the evidence, as to warrant any expectation of a remission of the sentence.

And therewith followed the customary form of sentence, ending with the solemn 'And may G.o.d Almighty have mercy on your soul!'

Full and open, and never quailing, had the dark eyes been fixed upon the judge all the time; and at those last words, the head bent low, and the lips moved for 'Amen.'

Then Tom, relieved to find instant occupation for his father, drew his attention to Aubrey's state; and the boy between Tom and George Rivers was, as best they could, carried through the narrow outlets, and laid down in a room, opened to them by the sheriff, where his father and Flora attended him, while Tom flew for remedies; and Gertrude sobbed and wept as she had never done in her life.

It was some time before the swoon yielded, or Dr. May could leave his son, and then he was bent on at once going to the prisoner; but he was so shaken and tremulous, that Tom insisted on giving him his arm, and held an umbrella over him in the driving rain.

'Father,' he said, as soon as they were in the street, 'I can swear who did it.'

Dr. May just hindered himself from uttering the name, but Tom answered as if it had been spoken.