The Trial; Or, More Links of the Daisy Chain

'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 circumstances. But look at these very circumstances 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 circumstances, 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 passing 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.

'Circumstantial 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 assuredly,' continued the counsel, his voice becoming doubly earnest, 'while there is even the possibility of innocence, it becomes incumbent 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 assume 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 gratitude, 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 pass 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 passed 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 God. It is true that, though I never lifted my hand against my poor uncle, I did in a moment of passion fling a stone at my brother, which, but for God'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 God 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 circumstances 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 God 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.

'Yes. I saw the face of fiendish barbarity that once was over me, when I was a miserable little school-boy! He did it; and he has the receipt.'

Dr. May squeezed his arm. 'I have not betrayed the secret, have I!'

'You knew that he knew it!'

'Not knew—suspected—generosity.'

'I saw him! I saw him cast those imploring earnest eyes of his on the scoundrel as he spoke of the receipt—and the villain try to make himself of stone. Well, if I have one wish in life, it is to see that fellow come to the fate he deserves. I'll never lose sight of him; I'll dog him like a bloodhound!'

And what good will that do, when—Tom, Tom, we must move Heaven and earth for petitions. I'll take them up myself, and get George Rivers to take me to the Home Secretary. Never fear, while there's justice in Heaven.'

'Here's Henry!' exclaimed Tom, withholding his father, who had almost ran against the brother, as they encountered round a corner.

He was pale and bewildered, and hardly seemed to hear the Doctor's hasty asseverations that he would get a reprieve.

'He sent me to meet you,' said Henry. 'He wants you to go home—to Ave I mean. He says that is what he wants most—for you to go to her now, and to come to him to-morrow, or when you can; and he wants to hear how Aubrey is,' continued Henry, as if dreamily repeating a lesson.

'He saw then—?'

'Yes, and that seems to trouble him most.'

Dr. May was past speaking, and Tom was obliged to answer for him—that Aubrey was pretty well again, and had desired his dearest, dearest love; then asked how Leonard was.

'Calm and firm as ever,' said Henry, half choked. 'Nothing seems to upset him, but speaking of—of you and Aubrey, Dr. May—and poor Ave. But—but they'll be together before long.'

'No such thing,' said Dr. May. 'You will see that certainty cures, when suspense kills; and for him, I'll never believe but that all will be right yet. Are you going home?'

'I shall try to be with—with the dear unhappy boy as long as I can, and then I'll come home.'

Dr. May grasped Henry's hand, gave a promise of coming, and a message of love to the prisoner, tried to say something more, but broke down, and let Tom lead him away.

CHAPTER XV

       Under the shroud       Of His thunder-cloudLie we still when His voice is loud,       And our hearts shall feel       The love notes steal,As a bird sings after the thunder peal—C. F. A.

Not till dusk could Dr. May get back to Stoneborough, and then, in an evening gleam of that stormy day, he was met at the gate of Bankside by Richard and Ethel.

'You need not come in, papa,' said Ethel. 'She is asleep. She knows.'

Dr. May sighed with unspeakable relief.

'Mr. Bramshaw telegraphed, and his clerk came down. It was not so very bad! She saw it in our faces, and she was so worn out with talking and watching, that—that the very turning her face to the wall with hope over, became sleep almost directly.'

'That is well,' murmured the Doctor. 'And can you be spared, my dear? If you could come I should be glad, for poor Aubrey is quite done up.'

'I can come. Mary is with her, and Richard will stay to meet Henry, if he is coming home, or to send up if they want you; but I think she will not wake for many hours; and then—oh! what can any one do!'

So Richard turned back to the sorrowful house; and Dr. May, tenderly drawing Ethel's arm into his own, told her, as they walked back, the few incidents that she most wanted to hear, as best he could narrate them. 'You have had a heart-rending day, my dear,' he said; 'you and Mary, as well as the rest of us.'

'There was one comfort!' said Ethel, 'and that was his own notes. Ave has all that he has written to her from Whitford under her pillow, and she kept spreading them out, and making us read them, and—oh! their braveness and cheeriness—they did quite seem to hold one up! And then poor little Minna's constant little robin-chirp of faith, "God will not let them hurt him." One could not bear to tell the child, that though indeed they cannot hurt him, it may not be in her sense! Look here! These are her slippers. She has worked on all day to finish them, that they might be done and out of sight when he came home this evening. The last stitch was done as Richard came in; and now I thought I could only take them out of every one's sight.'

'Poor things! poor things! And how was it with the child when she heard?'

'The old sweet note,' said Ethel, less steadily than she had yet spoken, '"nothing could hurt him for what he had not done." I don't know whether she knows what—what is in store. At least she is not shaken yet, dear child.'

'And Ave—how did you manage with her through all the day?'

'Oh! we did as we could. We tried reading the things Mr. Wilmot had marked, but she was too restless; her hands would wander off to the letters, caressing them, and she would go back to talk of him—all his ways from a baby upwards. I hope there was no harm in letting her do it, for if there is anything to do one good, it is his noble spirit.'

'If you had only seen his face to-day,' exclaimed the Doctor, half angrily, 'you would not feel much comfort in the cutting off such a fellow. No, no, it won't be. We'll petition—petition—petition—and save him, we will! Minna will be right yet! They shall not hurt him!'

'Is there really hope in that way?' said Ethel, and a quiver of relief agitated her whole frame.

'Every hope! Every one I have seen, or Tom either, says so. We have only to draw up a strong enough representation of the facts, his character, and all that; and there's his whole conduct before and since to speak for itself. Why, when it was all over, George heard every one saying, either he was a consummate hypocrite, or he must be innocent. Harvey Anderson declares the press will take it up. We shall certainly get him off.'

'You don't mean pardoned!'

'Commutation of the penalty. Come on,' said the Doctor, hurrying at his headlong pace, 'there's no time to be lost in getting it drawn up.'

Ethel was dragged on so fast, that she could not speak; but it was with willing haste, for this was the sort of suspense in which motion and purpose were a great relief after the day's weary waiting. Gertrude, quite spent with excitement and tears, had wisely betaken herself to bed; and it would have been well had Aubrey followed her example, instead of wandering up and down the room in his misery, flushed though wan, impetuously talking treason against trial by jury, and abusing dignitaries. They let him have it out, in all its fury and violence, till he had tired out his first vehemence, and could be persuaded to lie on the sofa while the rough draught of the petition was drawn up, Tom writing, and every one suggesting or discussing, till the Doctor, getting thorough mastery over the subject, dictated so fluently and admirably, that even Tom had not a word to gainsay, but observed to Ethel, when his father had gone up to bed, and carried Aubrey off, 'What an exceedingly able man my father is!'

'Is this the first time you have found that out?' said Ethel.

'Why, you know it is not his nature to make the most of himself! But studying under him brings it out more; and there's a readiness about him that I wish was catching. But I say, Ethel, what's this? I no more doubt who did the deed, than I do who killed Abel; but I had once seen Cain's face, and I knew it again. Is it true that the boy was aware, and told my father?'

'Did he tell you so?'

'Only asked if he had betrayed the secret. If they both know it—why, if it be Leonard's taste, I suppose I must say nothing to the contrary, but he might as well consider his sister.'

'What do you know, Tom?' said she, perplexed.

'Only that there's some secret; and if it be as I am given to understand, then it is a frenzy that no lucid person should permit.'

'No, Tom,' said Ethel, feeling that the whole must be told, 'it is no certainty—only unsupported suspicion, which he could not help telling papa after binding him on honour to make no use of it. Putting things together, he was sure who the man in the yard was; but it was not recognition, and he could not have proved it.'

'What Quixotry moved my father not to put the lawyers on the scent?'

Ethel explained; and for her pains Tom fell upon her for her folly in not having told him all, when he could have gone to Blewer and gathered information as no professional person could do; then lamented that he had let Aubrey keep him from the inquest, when the fellow's hang-dog look would have been sure to suggest to him to set Anderson to get him searched. Even now he would go to the mill, and try to hunt up something.

'Tom, remember papa's promise!'

'Do you think a man can do nothing without committing himself, like poor Aubrey? No, Ethel, the Doctor may be clever, but that's no use if a man is soft, and he is uncommonly soft; and you should not encourage him in it.'

Ethel was prevented from expressing useless indignation by the arrival of Mary, asking where papa was.

'Gone to bed. He said he must go off at six to-morrow, there are so many patients to see. Ave does not want him, I hope?'

No, she is still asleep; I was only waiting for Richard, and he had dreadful work with that poor Henry.'

'What kind of work?'

'Oh, I believe it has all come on him now that it was his fault—driving Leonard to that place; and he was in such misery, that Richard could not leave him.'

'I am glad he has the grace to feel it at last,' said Tom.

'It must be very terrible!' said Mary. 'He says he cannot stay in that house, for every room reproaches him; and he groaned as if he was in tremendous bodily pain.'

'What, you assisted at this scene?' said Tom, looking at her rather sharply.

'No; but Richard told me; and I heard the groans as I sat on the stairs.'

'Sat on the stairs?'

'Yes. I could not go back to Ave's room for fear of waking her.'

'And how long?'

'Towards an hour, I believe. I did all that piece,' said Mary, displaying a couple of inches of a stocking leg, 'and I think it was pretty well in the dark.'

'Sitting on the stairs for an hour in the dark,' said Tom, as he gave Mary the candle he had been lighting for her. 'That may be called unappreciated devotion.'

'I never can tell what Tom means,' said Mary, as she went up-stairs with Ethel. 'It was a very comfortable rest. I wish you had had the same, dear Ethel, you look so tired and worn out. Let me stay and help you. It has been such a sad long day; and oh! how terrible this is! And you know him better than any of us, except Aubrey.'