Chapter LX

I am condemned to be hung by the neck until I am dead, and to go

out of the world without finding out who is my father--Afterwards

my innocence is made manifest and I am turned adrift a maniac in

the high road.

It may appear strange to the reader that I sent for the above-mentioned

articles, but habit is second nature, and although two days before, when

I set out on my pilgrimage, I had resolved to discard these

superfluities, yet now in my distress I felt as if they would comfort me.

That evening, after rectifying a few mistakes on the part of the

good-tempered gaoler, by writing down what I wanted on the paper which

he had procured me, I obtained all that I required.

The next morning, he informed me that the grand jury had found a true

bill against me, and that on the Saturday next, the assizes would be

held. He also brought me the list of trials, and I found that mine would

be one of the last, and would not probably come on until Monday or

Tuesday. I requested him to send for a good tailor, as I wished to be

dressed in a proper manner, previous to appearing in court. As a prisoner

is allowed to go into court in his own clothes instead of the gaol dress,

this was consented to, and when the man came, I was very particular in my

directions, so much so, that it surprised him. He also procured me the

other articles I required to complete my dress, and on Saturday night I

had them all ready, for I was resolved that I would at least die as a

gentleman.

Sunday passed away, not as it ought to have passed, certainly. I

attended prayers, but my thoughts were elsewhere--how, indeed, could it

be otherwise? Who can control his thoughts? He may attempt so to do, but

the attempt is all that can be made. He cannot command them. I heard

nothing, my mind was in a state of gyration, whirling round from one

thing to the other, until I was giddy from intensity of feeling.

On Monday morning the gaoler came and asked me whether I would have legal

advice. I replied in the negative. "You will be called about twelve

o'clock, I hear," continued he; "it is now ten, and there is only one

more trial before yours, about the stealing of four geese and half a

dozen fowls."

"Good God!" thought I, "and am I mixed up with such deeds as these?" I

dressed myself with the utmost care and precision, and never was more

successful. My clothes were black, and fitted well. About one o'clock I

was summoned by the gaoler, and led between him and another to the

court-house, and placed in the dock. At first my eyes swam, and I could

distinguish nothing, but gradually I recovered. I looked round, for I

had called up my courage. My eyes wandered from the judge to the row of

legal gentlemen below him; from them to the well-dressed ladies who sat

in the gallery above; behind me I did not look. I had seen enough, and

my cheeks burned with shame. At last I looked at my fellow-culprit, who

stood beside me, and his eyes at the same time met mine. He was dressed

in the gaol clothes, of pepper and salt coarse cloth. He was a rough,

vulgar, brutal looking man, but his eye was brilliant, his complexion

was dark, and his face was covered with whiskers. "Good heavens,"

thought I, "who will ever imagine or credit that we have been

associates?"

The man stared at me, bit his lip, and smiled with contempt, but made no

further remark. The indictment having been read, the clerk of the court

cried out, "You, Benjamin Ogle, having heard the charge, say, guilty or

not guilty?"

"Not guilty," replied the man, to my astonishment.

"You, Philip Maddox, guilty or not guilty?" I did not answer.

"Prisoner," observed the judge in a mild voice, "you must answer,

guilty or not guilty. It is merely a form."

"My lord," replied I, "my name is not Philip Maddox."

"That is the name given in the indictment by the evidence of your

fellow-prisoner," observed the judge; "your real name we cannot pretend

to know. It is sufficient that you answer to the question of whether you,

the prisoner, are guilty or not guilty."

"Not guilty, my lord, most certainly," replied I, placing my hand to my

heart, and bowing to him.

The trial proceeded; Armstrong was the principal evidence. To my person

he would not swear. The Jew proved my selling my clothes, purchasing

those found in the bundle, and the stick, of which Armstrong possessed

himself. The clothes I had on at the time of my capture were produced in

court. As for Ogle, his case was decisive. We were then called upon for

our defence. Ogle's was very short. "He had been accustomed to fits all

his life--was walking to Hounslow, and had fallen down in a fit. It must

have been somebody else who had committed the robbery and had made off,

and he had been picked up in a mistake." This defence appeared to make

no other impression than ridicule, and indignation at the barefaced

assertion. I was then called on for mine.

"My lord," said I, "I have no defence to make except that which I

asserted before the magistrates, that I was performing an act of

charity towards a fellow-creature, and was, through that, supposed to

be an accomplice."

"Arraigned before so many upon a charge, at the bare accusation of which

my blood revolts, I cannot and will not allow those who might prove what

my life has been, and the circumstances which induced me to take up the

disguise in which I was taken, to appear in my behalf. I am unfortunate,

but not guilty. One only chance appears to be open to me, which is, in

the candour of the party who now stands by me. If he will say to the

court that he ever saw me before, I will submit without murmur to my

sentence."

"I'm sorry that you've put that question, my boy," replied the man, "for

I have seen you before;" and the wretch chuckled with repressed laughter.

I was so astonished, so thunderstruck with this assertion, that I held

own my head, and made no reply. The judge then summed up the evidence

to the jury, pointing out to them, that of Ogle's guilt there could be

no doubt, and of mine, he was sorry to say, but little. Still they must

bear in mind that the witness Armstrong could not swear to my person.

The jury, without leaving the box, consulted together a short time, and

brought in a verdict of guilty against Benjamin Ogle and Philip Maddox.

I heard no more--the judge sentenced us both to execution: he lamented

that so young and prepossessing a person as myself should be about to

suffer for such an offence: he pointed out the necessity of condign

punishment, and gave us no hopes of pardon or clemency. But I heard him

not--I did not fall, but I was in a state of stupor. At last, he wound up

his sentence by praying us to prepare ourselves for the awful change, by

an appeal to that heavenly Father--"Father!" exclaimed I, in a voice

which electrified the court, "did you say my father? O God! where is

he?" and I fell down in a fit. The handkerchiefs of the ladies were

applied to their faces, the whole court were moved, for I had, by my

appearance, excited considerable interest, and the judge, with a

faltering, subdued voice, desired that the prisoners might be removed.

"Stop one minute, my good fellow," said Ogle, to the gaoler, while

others were taking me out of court. "My lord, I've something rather

important to say. Why I did not say it before, you shall hear. You are

a judge, to condemn the guilty, and release the innocent. We are told

that there is no trial like an English jury, but this I say, that many

a man is hung for what he never has been guilty of. You have condemned

that poor young man to death. I could have prevented it if I had chosen

to speak before, but I would not, that I might prove how little there is

of justice. He had nothing to do with the robbery--Phil Maddox was the

man, and he is not Philip Maddox. He said that he never saw me before,

nor do I believe that he ever did. As sure as I shall hang, he is

innocent."

"It was but now, that when appealed to by him, you stated that you had

seen him before."

"So I did, and I told the truth--I had seen him before. I saw him go to

hold the gentleman's horse, but he did not see me. I stole his bundle

and his stick, which he left on the bench, and that's how they were found

in our possession. Now you have the truth, and you may either acknowledge

that there is little justice, by eating your own words, and letting him

free, or you may hang him, rather than acknowledge that you are wrong.

At all events, his blood will now be on your hands, and not mine. If

Phil Maddox had not turned tail, like a coward, I should not have been

here; so I tell the truth to save him who was doing me a kind act, and

to let him swing who left me in the lurch."

The judge desired that this statement might be taken down, that further

inquiry might be made, intimating to the jury, that I should be respited

for the present; but of all this I was ignorant. As there was no placing

confidence in the assertions of such a man as Ogle, it was considered

necessary that he should repeat his assertions at the last hour of his

existence, and the gaoler was ordered not to state what had passed to

me, as he might excite false hopes.

When I recovered from my fit, I found myself in the gaoler's parlour,

and as soon as I was able to walk, I was locked up in a condemned cell.

The execution had been ordered to take place on the Thursday, and I had

two days to prepare. In the meantime, the greatest interest had been

excited with regard to me. My whole appearance so evidently belied the

charge, that everyone was in my favour. Ogle was requestioned, and

immediately gave a clue for the apprehension of Maddox, who, he said,

he hoped would swing by his side.

The gaoler came to me the next day, saying, that some of the magistrates

wished to speak with me; but as I had made up my mind not to reveal my

former life, my only reply was, "That I begged they would allow me to

have my last moments to myself." I recollected Melchior's idea of

destiny, and imagined that he was right. "It was my destiny," thought

I: and I remained in a state of stupor. The fact was, that I was very

ill, my head was heavy, my brain was on fire, and the throbbing of my

heart could have been perceived without touching my breast.

I remained on the mattress all day, and all the next night, with my face

buried in the clothes! I was too ill to raise my head. On Wednesday

morning I felt myself gently pushed on the shoulder by some one; I

opened my eyes; it was a clergyman. I turned away my head, and remained

as before. I was then in a violent fever. He spoke for some time:

occasionally I heard a word, and then relapsed into a state of mental

imbecility. He sighed, and went away.

Thursday came, and the hour of death,--but time was by me unheeded, as

well as eternity. In the meantime Maddox had been taken, and the contents

of Armstrong's bundle found in his possession; and when he discovered

that Ogle had been evidence against him, he confessed to the robbery.

Whether it was on Thursday or Friday, I knew not then, but I was lifted

off the bed, and taken before somebody--something passed, but the fever

had mounted up to my head, and I was in a state of stupid delirium.

Strange to say, they did not perceive my condition, but ascribed it all

to abject fear of death. I was led away--I had made no answer--but I was

free.

Japhet, in Search of a Father · 第 60 / 79 章