CHAPTER X.

At length, in the midst of perfect stillness, without one preparatory

sound or movement, Lady Arden stood in the witness box, wrapped in the

deep mourning in which the death of her elder son had enveloped her.

The blood ran cold in the veins of all present. A tear startled into

almost every eye; while some of those who were themselves mothers, were

moved by a sympathy so heart-rending, that unconsciously they groaned

aloud.

So pure, so natural, so easily understood are the feelings of the

parent, that every class could enter into them. Nor did the kindly

commiseration of the crowd diminish, when they had leisure to mark the

matronly beauty of her countenance; pride and disdain of the insult

offered to the hitherto unsullied honour of her son, struggling with

agony kindled in her eye, while her cheek was blanched, and her lips

parched: and then the strong resemblance her every feature bore to those

of her son! her favourite child! the prisoner at the bar: while

evidently conscious where he stood, her eye quivered beneath its lid,

longing yet dreading to turn upon him. She could no longer resist--she

looked down at her son--he looked up at her--their eyes met.

To comfort and encourage her he tried almost to smile: it was rather a

radiance from within shining for a moment through all the nobleness of

his countenance, in honour of the dutiful love he bore her; and then a

pang passed across his brow, that he should be to her a source of

suffering. She sank on a chair considerately placed behind her, and for

a few seconds hid her face; lest, however, emotion should be construed

into fear, and fear into acquiescence in the accusation against her son,

she aroused herself and again stood prepared to reply. The judge, from a

feeling of respect, took upon himself a considerable part of the duty of

putting the necessary questions to her ladyship. He did so in the

mildest and most considerate manner, and in a tone of kindly sympathy

which did credit to his heart--the counsel of course assisting, and

assisted himself as hitherto, by the marginal notes to his brief,

supplied by Mr. Fips. These had the effect of drawing from her ladyship

the purport of the confidential conversation overheard by Geoffery,

which, with the remainder of Lady Arden's evidence, clearly proved the

following points; namely--that both brothers had been attached to the

same lady--that Alfred had been accepted previously to the arrival of

his brother--that subsequently he had been discarded and his brother

accepted--that he had felt his disappointment more deeply than he had

suffered to appear--that he had ascribed the fickleness of the lady to

mercenary motives--and that he was in the habit of animadverting

frequently on the unfortunate situation of younger brothers without

fortune, and therefore without pretensions.

In reply to another series of questions, she was compelled to confess,

she had never apprehended that derangement might at any time be the

consequence of the injury Sir Willoughby had in childhood received on

his head--that she had never perceived any symptoms of derangement about

her eldest son--that Alfred had never mentioned to her any apprehensions

of the kind till after the present accusation had been brought against

himself--that in his letter, announcing the sudden death of his brother,

he had ascribed it to a fit of apoplexy, and made no mention of poison

under any circumstances being the supposed cause, or expressed a

suspicion either of insanity or suicide--and lastly, that Sir Willoughby

at the time of his demise was in full possession of a large unencumbered

property, and in expectation of being married to the woman of his

choice, a lady also possessed of large estates, and who, in company with

her mother, he was very shortly to have joined in a tour of pleasure on

the continent.

The evidence of Lady Darlingford, Madeline, and Mrs. Dorothea, were

taken in succession, and though not so full, went to prove the same

points as that of Lady Arden. This closed the prosecution, and the

prisoner was now called upon for his defence.

Who shall describe the throb of his mother's heart, when the first

sounds from those loved lips broke the stillness of the expectant court.

The tones of that voice were harmony itself; they had ever been music to

her ear--what were they now? Oh, how strange is the mingling of agony

with the thrill of love!

A momentary convulsion passed over the mother's features, followed by a

silent flood of tears; yet, with that self-command which dire necessity

alone can teach, no sob that might be heard, no sigh escaped her.

Alfred spoke with solemnity of the melancholy impression which had often

visited his own mind respecting the possibility of his brother becoming

at some time insane; but confessed, that he had never mentioned his

fears to any one. He spoke of a strangeness of temper as the foundation

of the apprehensions to which he alluded; but confessed, that its

ebullitions were confined to private interviews with himself. He spoke

of the state of excitement under which Sir Willoughby laboured on his

last return to Arden; but confessed, that to all less interested

observers than himself, the manner to which he alluded was calculated to

appear but the result of his brother being at the time in particularly

high spirits. He spoke of a great inequality of humour which had

latterly excited his alarm; but confessed, that this inequality had

appeared only in their private interviews. At every but, the solemnity

of the judge's countenance deepened, and the jury looked at each other

with an expression that seemed to say--"That won't do."

Alfred proceeded to state how both the packet of arsenic, and the torn

piece of paper marked poison, had come into his possession, and his

reasons for removing and securing the former;--of his having

subsequently concealed the latter about his own person, he had he said,

from the state of his feelings at the time no recollection.

The judge frowned involuntarily at the vagueness of such a defence.

"People," whispered Mr. Fips to his neighbour, "are not to get off for

committing murder, because they have short memories."

Alfred went on to say, that of the attempt to rinse the glass, he had a

faint remembrance; that the impulse which guided his hand at the moment,

must have been (as far as the thoughts of a season of sudden affliction,

such as that to which he alluded, could be defined) a desire to conceal

the suicide, which he feared had been committed; and that the same

motive, strengthened by the frequently-expressed wishes of the deceased

on the subject, had caused him to oppose, as long as possible, the

examination of his lamented brother's remains.

The testimony of the witnesses had increased the feeling against the

prisoner, while these unsupported attempts at explanation seemed, to

such as were disposed to judge him harshly, but so many ingenious

subterfuges, invented after accusation, to meet each point, and created,

accordingly, in their minds, a strong sense of disgust, arising from the

frightfully powerful contrast between the amiable motives laid claim to,

and the horrible crime of which they still believed him guilty.

The judge demanded to know if the prisoner had, previously to being

himself accused of the murder of the deceased, confided to any person

his alleged belief, that a suicide had been committed, with the reasons

he had now stated to the court for wishing to suppress that supposed

fact?

He had alluded to the subject in conversation with Mr. Geoffery Arden.

Here Geoffery, the sole evidence for the defence was called to the

witness-box.

Did he remember any conversation of the nature referred to?

There was only one occasion on which he could call to mind Sir Alfred

having made allusion to the cause of Sir Willoughby's death.

He was requested to state minutely what had passed on that occasion.

About half an hour after Sir Willoughby had expired, he had followed Sir

Alfred to the bed-chamber of the deceased, where he had found him

reclining his face against the bed, apparently in a state of great

mental suffering. He had made some attempts to calm his agitation, but

without success; when, however, he was about to retire, Sir Alfred had

looked up suddenly, and asked him if the Doctor had not said, that

symptoms similar to those which had attended the dying moments of his

brother, might have been occasioned by a fit of apoplexy. On being

answered in the affirmative, he had added hastily, "Let it be so

supposed then, and discourage all further inquiry;" he then again hid

his face.

Had nothing more passed?

Nothing with which he could charge his memory.

"Bad memories are the fashion," whispered Fips, with a grin of triumph,

and a grunt of approbation.

Here the prisoner's counsel cross-examined Geoffery in the closest and

ablest manner, but could not draw from him that part of the conversation

in which Alfred had expressed a fear of Christian burial being denied,

and his mother's affliction increased, should the suicide be suspected.

Thus mutilated, the evidence of the sole witness for the defence, told

rather against than for the prisoner's cause, but, as there had been no

third person present, the case was without remedy.

The judge asked if the prisoner had any other witnesses to call, or any

thing more to say in his own defence; and on receiving a negative to

both questions, looked disappointed. After a short pause, he commenced

his charge to the jury, in the course of which he clearly and ably

recapitulated the whole of the evidence.

This occupied between two and three hours, so that lights became at

length necessary, though at his lordship's desk only, for the sake of

referring to written notes, the imperfect remains of the daylight being

sufficient for all other purposes.

The feelings of the court were now much excited; the solemn voice of the

judge had for some time been the only sound heard, while the partial

illumination at such a crisis had great effect, rendering more than

ordinarily conspicuous the figure of his lordship; his costume so

strongly associated in our minds with the idea of his being the

arbitrator of life and death; his countenance, which happened to be

peculiarly striking, and, in particular, the flash of his eye, which was

very remarkable; his manner, too, was impressive, the tones of his voice

fine, and his diction clear and forcible; his expositions on points of

law, were luminous even to the humblest apprehensions. He told the jury,

that on such points it was his business to dictate to them, and theirs

to be implicitly guided by his dictum. To decide what facts were proved

in evidence, and the degree of credibility due to such evidence, was, he

told them, their province; and in deliberating on a case which had

naturally excited so intense an interest in the neighbourhood, his

lordship entreated that the jury would dismiss from their consideration

all they might have previously heard, or even thought on the subject,

and confine their whole attention to the evidence delivered in court

this day.

Much, he remarked, had been often and eloquently said respecting the

extreme fallibility of circumstantial evidence; but where all the

circumstances agreed, such might, in his opinion, be even more

conclusive than positive testimony: for, in the one case, we deduced the

fact from known facts, and therefore knew it as it were of our own

knowledge; while in the other case, we staked our belief on the veracity

of a witness or witnesses, which, though generally believed to be

credible, might by possibility be otherwise. In the present instance, he

was sorry to say, that the painful duty of his office compelled him to

point out to their attention, that the chain of circumstantial evidence

seemed more than commonly strong and connected, while every link was

supported by the testimony of a host of, at least credible, and in many

instances more than credible, since they were unwilling witnesses:

still, it was for them to decide whether all the circumstances did

agree, and whether the evidence in support of each circumstance was

undoubted; for, if they felt a doubt, it was their duty to give the

prisoner the benefit of that doubt. It was unfortunately a case so

ultimately connected with the most powerful and agitating feelings, that

it was difficult in the extreme to confine the attention to the naked

force of evidence. He again, therefore, entreated those on whom the

ultimate responsibility of the verdict rested, to lay aside their

feelings, and use only their judgments.

His own feelings were, he confessed, powerfully interested by the

defence of the prisoner; yet, he felt it there again his painful duty,

to point out that there was neither circumstance nor fact, brought

forward in the whole of that defence, based on any evidence whatever;

that all rested on the unsupported assertions of the accused party. That

the plea attempted to be set up, of Sir Willoughby's insanity, was not

only unsustained by evidence, but that the very contrary had been

proved, on the testimony of those most intimately acquainted and closely

connected with the deceased. While there was at least negative proof,

that even the prisoner had never expressed such an opinion, till after

it became necessary to meet the accusation against himself. And lastly,

that the prosperous and peculiarly happy circumstances, in which the

late Sir Willoughby Arden was placed at the time of his sudden demise,

made it wholly incredible, that, being in possession of his reason, he

should of his own will, have taken the poison. It had been proved in

evidence, that Sir Willoughby had been in perfect health, at and for

some time after dinner--that he had supped in company with the prisoner

only--that the remains of arsenic had been found in one of the

glasses--that Sir Willoughby had died immediately after supper--that his

death had been occasioned by arsenic--that the prisoner had attempted to

rinse the glass in which the remains of arsenic were afterwards

found--that a packet containing arsenic had lain on a certain morning,

in a certain apartment--that the prisoner had been seen to come from

that apartment alone, in the afternoon; that it was not an apartment

usually inhabited or visited by the prisoner--that there was evidence

the prisoner was aware the packet of arsenic lay there--that the said

packet was missed the next morning, from the said apartment--that the

said packet was subsequently found in a locked escritoire of the

prisoner's, to which he alone had access--that a torn piece of paper,

visibly a portion of the outer cover of the said packet of arsenic, had

been seen, by a witness whose respectability and credibility were beyond

a doubt, fall from within the breast of the waistcoat of the

prisoner--that the prisoner had resisted the opening of the body--that

Dr. Harman's opinion the deceased had died by the effects of poison,

would not have amounted to evidence, had the body not been opened--and

finally that the defence rested entirely on the unsubstantiated

assertions of the prisoner himself. As probable motives could not become

subjects of proof, though much had been said of them on the trial, he

would say nothing of them here: they were all calculated to awaken

feelings for, or against the prisoner; and once more, he entreated the

jury to dismiss every thing but evidence from their minds, and give

their verdict accordingly. He then told them distinctly what verdict it

was their duty to their country to give, if they considered these facts

proved, and what verdict was due to humanity, and the prisoner, if they

still felt a doubt.

From the circumstance we have already mentioned, of candles being placed

on the desk of the judge only, the twilight-like sort of obscurity

which, by the time his lordship approached the conclusion of his charge,

had stolen over the rest of the court-house, added much to the solemn

effect of this most anxious part of the proceedings. The forms of the

jurymen, but dimly discerned, leaning over with painful eagerness, to

catch, as it were, the very thoughts of the judge; their eyes glancing

in the distant light, as they removed them, from time to time, from his

countenance, to look round on each other; and when he ceased speaking,

the pause that followed--and then--the verdict, which issuing as it now

did, from the gloom in which the whole group was wrapped, sounded more

awfully, more like the condensed, irrecoverable decision of the

_judicial twelve_, than when, in the broad light of day, the foreman,

though in his official capacity in fact the voice of all, still looks

the individual.

The single word pronounced was--Guilty!!!

As though the whole assembly had hitherto held their breath, a sort of

universal gasp was distinctly heard; and during the moment, the judge

was preparing to pronounce the awful sentence of the law, a movement was

observable in the part of the gallery where Lady Arden, though not

visible, was known to be.

Dilemmas of Pride, (Vol 3 of 3) · 第 10 / 24 章