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 assassin, 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 document 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 document; and last, a personal letter, the original of which Lord

Rothermel begged to read before it be given to the jury:

"MY EVER DEAR PITT:

"When you receive these papers--the last intelligences I shall ever

send you--I, the writer of them, shall be no more.

"A great disappointment, one which I have not the heart to endure,

together with a return of my old trouble, for I have had three

bleedings from the lungs within a month, have cured me of the taste

of living, and, by a mere movement of the trigger, I end the game

to-night.

"It is a fancy of mine to take my leave of this earthly stay

surrounded by the little dear belongings of the one I love.

"There will be much talk back and forth concerning me. I pray you

bespeak me, if you will, a brave, insolent, selfish, and

unscrupulous man of many villainies, some wit and foresight, a

disrespecter of humanity, athirst for power, and a hater of fools;

but one who, at the end, was capable of a great love for a great

woman.

"I send some verses, which are of my own making to-day. As

Shakespeare says, 'Ill favored, but mine own,' and so good night--a

long good night.

"TO NANCY STAIR

"I stand upon the threshold going out

Into the night.

The mists of old misdeeds crowd all about

And blind my sight.

"But thro' the many worlds to come, my feet

No more shall roam.

The light from thy dear face at last my sweet

Will bring me home.

"To you always, my dear Pitt,

"Borthwicke"

I was dimly conscious of the uproar which arose in the court-room, for

I was away in a by-gone time, a vision before me, clear as a picture,

of a sunny room, myself at a writing-desk overlooking accounts, and a

small curly haired child poring over a book on the rug at my feet

"_Nancy made it just like Jock's!_"

"_Nancy made it just like Jock's!_"

I can recall the fear that seized me as the duke's letter was being

examined by those familiar with his writings; the chill I felt as

Blake, who knew his hand the best, was summoned to inspect it; my

terror as he hesitated, with all the time that sing-song refrain going

over and over in my head, so loud that I was afraid that everyone in

the court would hear it; and then, far away and little, like a

wood-call, "Nancy made it----" And when Blake and Dundas identified the

writing, and O'Sullivan, the duke's own secretary, declared that not

only would he be willing to swear to his belief of the duke's hand, but

to the spirit of the document as well, I put my head on the back of

Danvers's chair to hide the tears which rolled down my cheeks, tears of

relief, but springing from a very different cause than the one

attributed for them.

There was more summing up and going back and forth, but the tension of

the trial was over for all except me and one other--one wide-eyed

little creature, sitting in her black gown, with Dickenson beside her,

on the other side of the court-room; a slender girlish figure before

whom my soul was on its knees.

I imagined her work, after she asked me to pray for her, upon that

awful night. I thought of fifty things on the second, as it seemed.

Visions came to me of Nancy dipping her head in the basin of water,

Nancy by the mail-bag in the early dawning before the officers had

come, and to that "Nancy made it just like Jock's," there came, with

terror to my soul, another jumble of words--"Accessory after the fact."

I knew that the jury consulted but a few minutes before the whole of

Edinburgh was shaking hands with Danvers, assuring him of their

never-shaken trust in his innocence, saw Pitcairn putting his papers

into the black-leather case, was conscious that Billy Deuceace was

laughing as he talked to some women, with his hand on Danvers's

shoulder. I say that I was aware of these things, but so remotely that

they seemed part of a dream, for my real thought was to get to Nancy,

to take her away, to shield her from I know not what; and leaving the

Carmichael party, I made my way to the place where she was awaiting the

carriage.

As we stood together near the doorway, Sandy and Danvers, with their

friends, passed us on their way from the court-room, and my heart bled

as I saw the look Nancy gave them, the look of pleading and affection,

which Sandy avoided by talking to the one beside him; but Danvers, and

none could blame him, considering his belief that she had done her

utmost to get him hanged, looked full at her, his eyes showing scorn of

her. I felt the slight body quiver, saw her sway back and forth for a

little, and then, with a sob like a wounded child, she lost

consciousness entirely. Hugh Pitcairn stayed by her until she was

enough recovered for me to put her in the coach, and rode back to Stair

with us, watching her all the time with an expression of alarm and

tenderness, which drew him very near to me.

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