When the Court resumed Gell rose, with a haggard face, to make an
announcement.
In accordance with the suggestion of his Excellency, the accused had
been seen during the adjournment (though not by him), with the result
that she had confessed to having given birth to a child and being the
cause of its death.
"In these circumstances," he said, speaking in a husky voice, "I have
taken the only course open to me--that of advising her to revise her
plea, and with the permission of the Court she will now do so."
There was a moment of agitation in which the Court was understood to
assent, and then Bessie was called upon to plead again. But hardly
had she risen at the call of the Deemster when she broke down utterly
and sob followed sob at every question that was put to her. At
length she bowed her head and that was accepted as her plea of guilty.
Then Gell rose again and said,
"Although the prisoner pleads guilty to causing the death of her
child, she says she did not so wilfully. Therefore I propose to put
her back in the box to prove extenuating circumstances."
Once more the Court agreed, but when Bessie was removed from the dock
to the witness-box she broke down again and not a word could be got
out of her.
"It is only natural," said Gell, "that she should feel shame at
having to take back what she said yesterday."
The Deemster bowed, and speaking with an obvious effort he appealed
to the girl to answer the questions of her advocate. But still
Bessie sobbed and made no answer.
"The Court has nothing left to it but to go on to judgment," said the
Attorney-General.
At that moment, when the trial seemed to be brought to a standstill,
Fenella (sitting near to the witness-box) was seen to lean over and
whisper to Gell, who rose and asked to be allowed to make a
suggestion--that inasmuch as the accused was unable to answer for
herself, somebody else, who knew what she wished to say, should be
empowered to answer for her.
The Deemster, seeing what was coming, seemed to catch his breath, but
after a moment he agreed. The course proposed, although unusual, was
not contrary to the interests of justice or altogether without
precedent--a deaf and dumb witness always giving evidence by a
speaking proxy. Therefore if the Attorney-General did not object....
"Not at all," said the Attorney.
"In that case," said Gell, "I will ask the lady who received the
prisoner's confession to speak on her behalf--Miss Stanley."
It was said afterwards, when the events of that day had a fierce
light cast back upon them, that when Fenella stepped up to the
witness-box, and stood side by side with the prisoner, ready to take
her oath, the Deemster seemed scarcely able to recite the familiar
words to her.
"Please tell the Court, as nearly as possible in her own words, what
the prisoner told you," said Gell.
There was a deep and concentrated silence. Never before had anybody
witnessed so strange a scene. Speaking calmly and firmly, Fenella
told Bessie's story as Bessie herself had told it--her journey from
the south of the island, the birth and death of her child, and the
burying of it under the _Clagh-ny-Dooiney_.
When she had finished, and Bessie, who was stifling her sobs, had
bowed her head in reply to a question from Gell that she assented to
what had been said on her behalf, the Attorney-General rose to
cross-examine.
"Does the prisoner deny," he said, "that when she returned home she
told her mother of her condition?"
"Yes, her mother knew nothing about it."
"Does she deny that by keeping her condition secret from the person
most proper to know of it, she deliberately intended to put her child
away by violence?"
"No, she does not deny that, but says that when her baby came the
instinct of motherhood came too, and from that moment onward the idea
of taking its life was far from her heart."
"Does the prisoner wish the Court to believe that--in spite of her
subsequent conduct in concealing the birth and death of her child and
in secretly burying it?"
"Yes, she does, and if a court of men cannot believe it, a court of
women would, because...."
But the Attorney-General, with a look of triumph, sat down quickly,
and Fenella, flushing up to her flaming eyes, stopped suddenly.
There was another moment of deep silence in Court, and then Gell, who
had to struggle with his emotion, rose to re-examine.
"Does the prisoner say that when she killed her child she did so
unconsciously and under the influence of fear?"
"Yes, under the influence of fear--fear of her step-father who had
behaved like a brute to her."
"Does she think that, however lamentable her act, she was moved to it
by pardonable motives?"
"Not pardonable motives merely," said Fenella, flaming up again, "but
nobly unselfish ones."
"Nobly unselfish motives!" said the Attorney-General, rising again.
"Will the witness please tell the Court what she means by nobly
unselfish motives in a case like this?"
"I mean," said Fenella, hesitating for a moment, looking up at the
Deemster and then (before she could be stopped) speaking with passion
and rapidly, "I mean that this girl was betrayed at the time of her
sorest need by one who should have protected her, not taken advantage
of her. I mean that, falling in love afterwards with another man--a
good man who was willing to make her his wife--she committed the
crime solely and only in an effort to cover up her fault and to save
her honour in the eyes of the man who loved her. I mean, too, that
the real guilt lies not so much with this poor creature who sits here
in her shame, as with the man who used her, caring nothing for her,
and then left her to bear the consequences of their sin alone. Shame
on him! Shame on him! May no good man own him for a friend! May no
good woman take him for a husband! May he live to...."
The irregular outburst was interrupted by a cry from the advocates'
benches. Gell had risen with wild eyes. He seemed to be trying to
speak. His mouth opened but he said nothing, and after looking first
at Fenella and then at the Deemster he sank back to his seat. And
then Fenella, as if realising what she had done, sat also.
There were some moments of uneasy silence, and then the
Attorney-General rose for the last time.
"It is impossible," he said, "not to be moved by what we have just
heard, however improper on legal grounds it may have been. But the
Court will not allow themselves to be carried away by their feelings.
It is the natural consequence of great crimes that they should bring
great suffering. The prisoner has confessed to a great crime. She
has failed to establish proof of extenuating circumstances.
Therefore, for the protection of human life, as well as the good name
of this island, I ask for the utmost penalty of the law."
After that there was a long pause, broken only by some whispering on
the bench. It was observed that the Deemster took no part in it,
except to bend his head when the Governor and the Clerk of the Rolls
leaned across and spoke to him. At length, with a manifest effort,
and in a low voice (so low that the people in Court had to lean
forward to hear him) he began to address the Jury.