Though it was known the proposed inquiry might result in the committal
of Mrs. Gaunt on a charge of murder, yet the respect in which she had
hitherto been held, and the influence of Sir George Neville, who, having
been her lover, stoutly maintained her innocence, prevailed so far that
even this inquiry was private, and at her own house. Only she was
present in the character of a suspected person, and the witnesses were
examined before her.
First, the poacher gave his evidence.
Then Jane, the cook, proved that a pedler called Thomas Leicester had
been in the kitchen, and secreted about the premises till a late hour;
and this Thomas Leicester corresponded exactly to the description given
by the poacher.
This threw suspicion on Thomas Leicester, but did not connect Mrs. Gaunt
with the deed in any way.
But Ryder's evidence filled this gap. She revealed three serious
facts:--
First, that, by her mistress's orders, she had introduced this very
Leicester into her mistress's room about midnight, where he had remained
nearly half an hour, and had then left the house.
Secondly, that Mrs. Gaunt herself had been out of doors after midnight.
And, thirdly, that she had listened at the door, and heard her threaten
Griffith Gaunt's life.
This is a mere _precis_ of the evidence, and altogether it looked so
suspicious, that the magistrates, after telling Mrs. Gaunt she could ask
the witnesses any question she chose, a suggestion she treated with
marked contempt, put their heads together a moment and whispered. Then
the eldest of them, Mr. Underhill, who lived at a considerable distance,
told her gravely he must commit her to take her trial at the next
assizes.
"Do what you conceive to be your duty, gentlemen," said Mrs. Gaunt, with
marvellous dignity. "If I do not assert my innocence, it is because I
disdain the accusation too much."
"I shall take no part in the committal of this innocent lady," said Sir
George Neville, and was about to leave the room.
But Mrs. Gaunt begged him to stay. "To be guilty is one thing," said
she, "to be accused is another. I shall go to prison as easy as to my
dinner; and to the gallows as to my bed."
The presiding magistrate was staggered a moment by these words; and it
was not without considerable hesitation he took the warrant and prepared
to fill it up.
Then Mr. Houseman, who had watched the proceedings very keenly, put in
his word. "I am here for the accused person, sir, and, with your good
leave, object to her committal--on grounds of law."
"What may they be, Mr. Houseman?" said the magistrate, civilly; and laid
his pen down to hear them.
"Briefly, sir, these. Where a murder is proven, you can commit a subject
of this realm upon suspicion. But you cannot suspect the murder as well
as the culprit, and so commit. The murder must be proved to the senses.
Now in this case, the death of Mr. Gaunt by violence is not proved.
Indeed, his very death rests but upon suspicion. I admit that the law of
England in this respect has once or twice been tampered with, and
persons have even been executed where no _corpus delicti_ was found; but
what was the consequence? In each case the murdered man turned out to be
alive, and justice was the only murderer. After Harrison's case, and
----'s, no Cumberland jury will ever commit for murder, unless the
_corpus delicti_ has been found, and with signs of violence upon it.
Come, come, Mr. Atkins, you are too good a lawyer, and too humane a man,
to send my client to prison on the suspicion of a suspicion, which you
know the very breath of the judge will blow away, even if the grand jury
let it go into court. I offer bail, ten thousand pounds in two sureties;
Sir George Neville here present, and myself."
The magistrate looked to Mr. Atkins.
"I am not employed by the crown," said that gentleman, "but acting on
mere civil grounds, and have no right nor wish to be severe. Bail by all
means: but is the lady so sure of her innocence as to lend me her
assistance to find the _corpus delicti_?"
The question was so shrewdly put, that any hesitation would have ruined
Mrs. Gaunt.
Houseman, therefore, replied eagerly and promptly, "I answer for her,
she will."
Mrs. Gaunt bowed her head in assent.
"Then," said Atkins, "I ask leave to drag, and, if need be, to drain
that piece of water there, called 'the mere.'"
"Drag it or drain it, which you will," said Houseman.
Said Atkins, very impressively, "And, mark my words, at the bottom of
that very sheet of water there, I shall find the remains of the late
Griffith Gaunt."
* * * * *
At these solemn words, coming as they did, not from a loose
unprofessional speaker, but from a lawyer, a man who measured all his
words, a very keen observer might have seen a sort of tremor run all
through Mr. Houseman's frame. The more admirable, I think, was the
perfect coolness and seeming indifference with which he replied, "Find
him, and I'll admit suicide; find him, with signs of violence, and I'll
admit homicide--by some person or persons unknown."
All further remarks were interrupted by bustle and confusion.
Mrs. Gaunt had fainted dead away.