CHAPTER XXXVII.

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.

The Atlantic Monthly, Volume 18, No. 106, August, 1866 A Magazine of Literature, Science, Art, and Politics · 第 6 / 8 章