CHAPTER TWENTY-FIRST.

We have strict statutes, and most biting laws--

The needful bits and curbs for headstrong steeds--

Which, for these fourteen years, we have let sleep,

Like to an o'ergrown lion in a cave,

That goes not out to prey.

Measure for Measure.

"Euphemia Deans," said the presiding Judge, in an accent in which pity

was blended with dignity, "stand up and listen to the criminal indictment

now to be preferred against you."

The unhappy girl, who had been stupified by the confusion through which

the guards had forced a passage, cast a bewildered look on the multitude

of faces around her, which seemed to tapestry, as it were, the walls, in

one broad slope from the ceiling to the floor, with human countenances,

and instinctively obeyed a command, which rung in her ears like the

trumpet of the judgment-day.

"Put back your hair, Effie," said one of the macers. For her beautiful

and abundant tresses of long fair hair, which, according to the costume

of the country, unmarried women were not allowed to cover with any sort

of cap, and which, alas! Effie dared no longer confine with the snood or

riband, which implied purity of maiden-fame, now hung unbound and

dishevelled over her face, and almost concealed her features. On

receiving this hint from the attendant, the unfortunate young woman, with

a hasty, trembling, and apparently mechanical compliance, shaded back

from her face her luxuriant locks, and showed to the whole court,

excepting one individual, a countenance, which, though pale and

emaciated, was so lovely amid its agony, that it called forth a universal

murmur of compassion and sympathy. Apparently the expressive sound of

human feeling recalled the poor girl from the stupor of fear, which

predominated at first over every other sensation, and awakened her to the

no less painful sense of shame and exposure attached to her present

situation. Her eye, which had at first glanced wildly around, was turned

on the ground; her cheek, at first so deadly pale, began gradually to be

overspread with a faint blush, which increased so fast, that, when in

agony of shame she strove to conceal her face, her temples, her brow, her

neck, and all that her slender fingers and small palms could not cover,

became of the deepest crimson.

All marked and were moved by these changes, excepting one. It was old

Deans, who, motionless in his seat, and concealed, as we have said, by

the corner of the bench, from seeing or being seen, did nevertheless keep

his eyes firmly fixed on the ground, as if determined that, by no

possibility whatever, would he be an ocular witness of the shame of his

house.

"Ichabod!" he said to himself--"Ichabod! my glory is departed!"

While these reflections were passing through his mind, the indictment,

which set forth in technical form the crime of which the panel stood

accused, was read as usual, and the prisoner was asked if she was Guilty,

or Not Guilty.

"Not guilty of my poor bairn's death," said Effie Deans, in an accent

corresponding in plaintive softness of tone to the beauty of her

features, and which was not heard by the audience without emotion.

The presiding Judge next directed the counsel to plead to the relevancy;

that is, to state on either part the arguments in point of law, and

evidence in point of fact, against and in favour of the criminal; after

which it is the form of the Court to pronounce a preliminary judgment,

sending the cause to the cognisance of the jury, or assize.

The counsel for the crown briefly stated the frequency of the crime of

infanticide, which had given rise to the special statute under which the

panel stood indicted. He mentioned the various instances, many of them

marked with circumstances of atrocity, which had at length induced the

King's Advocate, though with great reluctance, to make the experiment,

whether, by strictly enforcing the Act of Parliament which had been made

to prevent such enormities, their occurrence might be prevented. "He

expected," he said, "to be able to establish by witnesses, as well as by

the declaration of the panel herself, that she was in the state described

by the statute. According to his information, the panel had communicated

her pregnancy to no one, nor did she allege in her own declaration that

she had done so. This secrecy was the first requisite in support of the

indictment. The same declaration admitted, that she had borne a male

child, in circumstances which gave but too much reason to believe it had

died by the hands, or at least with the knowledge or consent, of the

unhappy mother. It was not, however, necessary for him to bring positive

proof that the panel was accessory to the murder, nay, nor even to prove,

that the child was murdered at all. It was sufficient to support the

indictment, that it could not be found. According to the stern, but

necessary severity of this statute, she who should conceal her pregnancy,

who should omit to call that assistance which is most necessary on such

occasions, was held already to have meditated the death of her offspring,

as an event most likely to be the consequence of her culpable and cruel

concealment. And if, under such circumstances, she could not

alternatively show by proof that the infant had died a natural death, or

produce it still in life, she must, under the construction of the law, be

held to have murdered it, and suffer death accordingly."

The counsel for the prisoner, Mr. Fairbrother, a man of considerable fame

in his profession, did not pretend directly to combat the arguments of

the King's Advocate. He began by lamenting that his senior at the bar,

Mr. Langtale, had been suddenly called to the county of which he was

sheriff, and that he had been applied to, on short warning, to give the

panel his assistance in this interesting case. He had had little time, he

said, to make up for his inferiority to his learned brother by long and

minute research; and he was afraid he might give a specimen of his

incapacity, by being compelled to admit the accuracy of the indictment

under the statute. "It was enough for their Lordships," he observed, "to

know that such was the law, and he admitted the advocate had a right to

call for the usual interlocutor of relevancy." But he stated, "that when

he came to establish his case by proof, he trusted to make out

circumstances which would satisfactorily elide the charge in the libel.

His client's story was a short, but most melancholy one. She was bred up

in the strictest tenets of religion and virtue, the daughter of a worthy

and conscientious person, who, in evil times, had established a character

for courage and religion, by becoming a sufferer for conscience' sake."

David Deans gave a convulsive start at hearing himself thus mentioned,

and then resumed the situation, in which, with his face stooped against

his hands, and both resting against the corner of the elevated bench on

which the Judges sate, he had hitherto listened to the procedure in the

trial. The Whig lawyers seemed to be interested; the Tories put up their

lip.

"Whatever may be our difference of opinion," resumed the lawyer, whose

business it was to carry his whole audience with him if possible,

"concerning the peculiar tenets of these people" (here Deans groaned

deeply), "it is impossible to deny them the praise of sound, and even

rigid morals, or the merit of training up their children in the fear of

God; and yet it was the daughter of such a person whom a jury would

shortly be called upon, in the absence of evidence, and upon mere

presumptions, to convict of a crime more properly belonging to a heathen,

or a savage, than to a Christian and civilised country. It was true," he

admitted, "that the excellent nurture and early instruction which the

poor girl had received, had not been sufficient to preserve her from

guilt and error. She had fallen a sacrifice to an inconsiderate affection

for a young man of prepossessing manners, as he had been informed, but of

a very dangerous and desperate character. She was seduced under promise

of marriage--a promise, which the fellow might have, perhaps, done her

justice by keeping, had he not at that time been called upon by the law

to atone for a crime, violent and desperate in itself, but which became

the preface to another eventful history, every step of which was marked

by blood and guilt, and the final termination of which had not even yet

arrived. He believed that no one would hear him without surprise, when he

stated that the father of this infant now amissing, and said by the

learned Advocate to have been murdered, was no other than the notorious

George Robertson, the accomplice of Wilson, the hero of the memorable

escape from the Tolbooth Church, and as no one knew better than his

learned friend the Advocate, the principal actor in the Porteous

conspiracy"

"I am sorry to interrupt a counsel in such a case as the present," said,

the presiding Judge; "but I must remind the learned gentleman that he is

travelling out of the case before us."

The counsel bowed and resumed. "He only judged it necessary," he said,

"to mention the name and situation of Robertson, because the circumstance

in which that character was placed, went a great way in accounting for

the silence on which his Majesty's counsel had laid so much weight, as

affording proof that his client proposed to allow no fair play for its

life to the helpless being whom she was about to bring into the world.

She had not announced to her friends that she had been seduced from the

path of honour--and why had she not done so?--Because she expected daily

to be restored to character, by her seducer doing her that justice which

she knew to be in his power, and believed to be in his inclination. Was

it natural--was it reasonable--was it fair, to expect that she should in

the interim, become _felo de se_ of her own character, and proclaim her

frailty to the world, when she had every reason to expect, that, by

concealing it for a season, it might be veiled for ever? Was it not, on

the contrary, pardonable, that, in such an emergency, a young woman, in

such a situation, should be found far from disposed to make a confidant

of every prying gossip, who, with sharp eyes, and eager ears, pressed

upon her for an explanation of suspicious circumstances, which females in

the lower--he might say which females of all ranks, are so alert in

noticing, that they sometimes discover them where they do not exist? Was

it strange or was it criminal, that she should have repelled their

inquisitive impertinence with petulant denials? The sense and feeling of

all who heard him would answer directly in the negative. But although his

client had thus remained silent towards those to whom she was not called

upon to communicate her situation,--to whom," said the learned gentleman,

"I will add, it would have been unadvised and improper in her to have

done so; yet, I trust, I shall remove this case most triumphantly from

under the statute, and obtain the unfortunate young woman an honourable

dismission from your Lordships' bar, by showing that she did, in due time

and place, and to a person most fit for such confidence, mention the

calamitous circumstances in which she found herself. This occurred after

Robertson's conviction, and when he was lying in prison in expectation of

the fate which his comrade Wilson afterwards suffered, and from which he

himself so strangely escaped. It was then, when all hopes of having her

honour repaired by wedlock vanished from her eyes,--when an union with

one in Robertson's situation, if still practicable, might, perhaps, have

been regarded rather as an addition to her disgrace,--it was _then,_ that

I trust to be able to prove that the prisoner communicated and consulted

with her sister, a young woman several years older than herself, the

daughter of her father, if I mistake not, by a former marriage, upon the

perils and distress of her unhappy situation."

"If, indeed, you are able to instruct _that_ point, Mr. Fairbrother,"

said the presiding Judge.

"If I am indeed able to instruct that point, my Lord," resumed Mr.

Fairbrother, "I trust not only to serve my client, but to relieve your

Lordships from that which I know you feel the most painful duty of your

high office; and to give all who now hear me the exquisite pleasure of

beholding a creature, so young, so ingenuous, and so beautiful, as she

that is now at the bar of your Lordships' Court, dismissed from thence in

safety and in honour."

This address seemed to affect many of the audience, and was followed by a

slight murmur of applause. Deans, as he heard his daughter's beauty and

innocent appearance appealed to, was involuntarily about to turn his eyes

towards her; but, recollecting himself, he bent them again on the ground

with stubborn resolution.

"Will not my learned brother, on the other side of the bar," continued

the advocate, after a short pause, "share in this general joy, since, I

know, while he discharges his duty in bringing an accused person here, no

one rejoices more in their being freely and honourably sent hence? My

learned brother shakes his head doubtfully, and lays his hand on the

panel's declaration. I understand him perfectly--he would insinuate that

the facts now stated to your Lordships are inconsistent with the

confession of Euphemia Deans herself. I need not remind your Lordships,

that her present defence is no whit to be narrowed within the bounds of

her former confession; and that it is not by any account which she may

formerly have given of herself, but by what is now to be proved for or

against her, that she must ultimately stand or fall. I am not under the

necessity of accounting for her choosing to drop out of her declaration

the circumstances of her confession to her sister. She might not be aware

of its importance; she might be afraid of implicating her sister; she

might even have forgotten the circumstance entirely, in the terror and

distress of mind incidental to the arrest of so young a creature on a

charge so heinous. Any of these reasons are sufficient to account for her

having suppressed the truth in this instance, at whatever risk to

herself; and I incline most to her erroneous fear of criminating her

sister, because I observe she has had a similar tenderness towards her

lover (however undeserved on his part), and has never once mentioned

Robertson's name from beginning to end of her declaration.

"But, my Lords," continued Fairbrother, "I am aware the King's Advocate

will expect me to show, that the proof I offer is consistent with other

circumstances of the, case, which I do not and cannot deny. He will

demand of me how Effie Deans's confession to her sister, previous to her

delivery, is reconcilable with the mystery of the birth,--with the

disappearance, perhaps the murder (for I will not deny a possibility

which I cannot disprove) of the infant. My Lords, the explanation of this

is to be found in the placability, perchance, I may say, in the facility

and pliability, of the female sex. The _dulcis Amaryllidis irae,_ as your

Lordships well know, are easily appeased; nor is it possible to conceive

a woman so atrociously offended by the man whom she has loved, but that

she will retain a fund of forgiveness, upon which his penitence, whether

real or affected, may draw largely, with a certainty that his bills will

be answered. We can prove, by a letter produced in evidence, that this

villain Robertson, from the bottom of the dungeon whence he already

probably meditated the escape, which he afterwards accomplished by the

assistance of his comrade, contrived to exercise authority over the mind,

and to direct the motions, of this unhappy girl. It was in compliance

with his injunctions, expressed in that letter, that the panel was

prevailed upon to alter the line of conduct which her own better thoughts

had suggested; and, instead of resorting, when her time of travail

approached, to the protection of her own family, was induced to confide

herself to the charge of some vile agent of this nefarious seducer, and

by her conducted to one of those solitary and secret purlieus of villany,

which, to the shame of our police, still are suffered to exist in the

suburbs of this city, where, with the assistance, and under the charge,

of a person of her own sex, she bore a male child, under circumstances

which added treble bitterness to the woe denounced against our original

mother. What purpose Robertson had in all this, it is hard to tell, or

even to guess. He may have meant to marry the girl, for her father is a

man of substance. But, for the termination of the story, and the conduct

of the woman whom he had placed about the person of Euphemia Deans, it is

still more difficult to account. The unfortunate young woman was visited

by the fever incidental to her situation. In this fever she appears to

have been deceived by the person that waited on her, and, on recovering

her senses, she found that she was childless in that abode of misery. Her

infant had been carried off, perhaps for the worst purposes, by the

wretch that waited on her. It may have been murdered, for what I can

tell."

He was here interrupted by a piercing shriek, uttered by the unfortunate

prisoner. She was with difficulty brought to compose herself. Her counsel

availed himself of the tragical interruption, to close his pleading with

effect.

"My Lords," said he, "in that piteous cry you heard the eloquence of

maternal affection, far surpassing the force of my poor words--Rachel

weeping for her children! Nature herself bears testimony in favour of the

tenderness and acuteness of the prisoner's parental feelings. I will not

dishonour her plea by adding a word more."

"Heard ye ever the like o' that, Laird?" said Saddletree to Dumbiedikes,

when the counsel had ended his speech. "There's a chield can spin a

muckle pirn out of a wee tait of tow! Deil haet he kens mair about it

than what's in the declaration, and a surmise that Jeanie Deans suld hae

been able to say something about her sister's situation, whilk surmise,

Mr. Crossmyloof says, rests on sma' authority. And he's cleckit this

great muckle bird out o' this wee egg! He could wile the very flounders

out o' the Firth.--What garr'd my father no send me to Utrecht?--But

whisht, the Court is gaun to pronounce the interlocutor of relevancy."

And accordingly the Judges, after a few words, recorded their judgment,

which bore, that the indictment, if proved, was relevant to infer the

pains of law: And that the defence, that the panel had communicated her

situation to her sister, was a relevant defence: And, finally, appointed

the said indictment and defence to be submitted to the judgment of an

assize.

The Heart of Mid-Lothian, Volume 1 · 第 38 / 40 题