THE VISCOUNT'S FALL.
They that on glorious ancestors enlarge
Produce their debt instead of their discharge.
--_Young_.
The viscount ordered his carriage to be in readiness to convey him
to the magistrate's office. Old Cuthbert was punctual. And
accordingly on the morning in question Lord Vincent, and Faustina,
attended by Mrs. MacDonald, and the policemen that had them in
custody, entered the carriage and were driven to the town hall.
Here again, as on a former occasion, the viscount, in alighting,
ordered the coachman to keep the carriage waiting for him. Then he
and his party passed through the same halls and ante-chambers,
guarded by policemen, and entered the magistrate's office.
Sir Alexander McKetchum was already in his seat on the little raised
platform. His clerk sat at a table below him. On his right hand
stood several officers of the law. On his left hand stood Judge
Merlin, Ishmael Worth, and the witnesses that had been summoned for
the prosecution.
The Policeman McRae led his charge up in front of the magistrate,
and taking off his hat, said:
"Here are the prisoners, your worship."
Lord Vincent, as with the purpose of proving himself a gentleman at
least in external manners, even under the most trying circumstances,
advanced and bowed to the magistrate.
Sir Alexander acknowledged his salute by a nod, and then said:
"Noo, then, as ye are here, me laird, we may as weel proceed wi' the
investigation."
"I beg your pardon, sir; I am expecting my counsel," said the
viscount.
"Aweel! I suppose we maun wait a bit," said the magistrate.
But at this moment the counsel for the prisoner hurried into the
office.
"We have waited for you, Mr. Bruce," said the viscount
reproachfully.
"I am very sorry that you should have been obliged to do so, my
lord! But the truth is, I have been to the telegraph office, to send
a message of inquiry at the last moment to your lordship's London
bankers, to ask if the Earl of Hurstmonceux had yet been heard from.
I waited for the answer, which has but just arrived, and which has
proved unsatisfactory."
"The earl has not written to his London bankers, then?"
"No, my lord."
"Are you ready for the examination?"
"Quite, my lord."
"Aweel, then, I suppose we may proceed," said Sir Alexander.
"At your worship's convenience," replied Mr. Bruce, with a bow.
And thereupon the proceedings commenced. The magistrate took up the
warrant that had been issued for the arrest of the prisoners, and
read it to them aloud. Then addressing them both, he said:
"Malcolm, Laird Vincent, and you, Faustina Dugald, are herein
charged wi' having felonious conspired against the guid character o'
Claudia, Viscountess Vincent, and to farther said conspiracy, wi'
having abducted and sold into slavery the bodies of three negroes,
named herein--Catherine Mortimer, James Mortimer, and Sarah Sims;
whilk are felony against the peace and dignity o' the Queen's
majesty, and punishable by penal servitude, according to the statute
in sich cases made and provided. What hae ye to say for yoursel's in
answer to this charge?"
"I deny it _in toto_. And I think it infamous that I should be
called to answer such an insulting charge," said the viscount with a
fine assumption of virtuous indignation.
"And sae do I think it infamous; I agree wi' ye there, lad! But as
to whilk pairty the infamy attaches to, there we may differ," said
the magistrate, nodding.
The viscount drew himself up in haughty silence, as though he
disdained farther reply.
"And noo, Faustina Dugald, what hae ye to say for yoursel'?"
"I did not conspire! I did not abduct! I did not sell into slavery
any negro bodies! I did not do anything wrong! Not I myself!" cried
Faustina vehemently,
"There, there, that will do. We will hear the testimony on this
case. Let Ishmael Worth, of Washington, come forward," said the
magistrate.
Ishmael advanced, bowed to the magistrate, and stood waiting.
"Ross, administer the oath," said the magistrate.
The clerk took a copy of the Holy Scriptures and held them towards
Ishmael, at the same time dictating the oath, according to the
custom of such officials.
But Ishmael, at the very onset, courteously interrupted him by
saying gently:
"I am conscientiously opposed to taking an oath; but I will make a
solemn affirmation of the truth of what I am about to state."
There was some objection made by the counsel for the prisoners, some
hesitation upon the part of the clerk, some consultation with the
magistrate; and finally it was decided that Mr. Worth's solemn
affirmation should be accepted in lieu of an oath.
"I am sorry," said Ishmael courteously, "to have made this
difficulty about a seemingly small matter; but in truth, no point of
conscience is really a small matter."
"Certainly no," responded the magistrate.
Ishmael then made his formal affirmation, and gave in his testimony.
First of all he identified the negroes--Catherine Mortimer, James
Mortimer, and Sarah Sims--as the servants, first of Judge Randolph
Merlin, of Maryland, and of his daughter Claudia, Lady Vincent. Then
he testified to the fact of the finding of the negroes, each in a
state of slavery, in the island of Cuba; their recovery by Judge
Merlin; and their return, in his company, to Scotland.
At the conclusion of this evidence the counsel for the prisoners
made some sarcastic remarks about the reliability of the testimony
of a witness who refused to make his statement upon oath; but he was
sharply rebuked for his pains by the magistrate.
"Judge Randolph Merlin will please to come forward," was the next
order of the clerk.
"I have no conscientious scruples about taking an oath, though I
certainly honor the scruples of others. And I am ready to
corroborate upon oath the testimony of the last witness," said Judge
Merlin, advancing and standing before the magistrate. The oath was
duly administered to him, and he began his statement.
He also identified the three negroes as his own family servants, who
were transferred to his daughter's service on the occasion of her
marriage with Lord Vincent, and who were taken by her to Scotland.
He likewise testified to the facts of finding the three negroes in
the city of Havana in a condition of slavery, and the repurchasing
and transporting them to Scotland.
The counsel for the accused took various exceptions to the evidence
given in by this witness; but his exceptions were set aside by the
magistrate as vexatious and immaterial.
Then he cross-examined the witness as severely as if the case,
instead of being in a magistrate's office, were before the Lords
Commissioners of the Assizes. But this cross-examination only had
the effect of emphasizing the testimony of the witness, and
impressing the facts more firmly upon the mind of the magistrate.
And then, as the counsel could make nothing by perseverance in this
course, he permitted the witness to sit down.
"Catherine Mortimer will come forward," said the clerk.
"That's me! I's got leabe to talk at last!" said old Katie, with a
malignant nod at the accused. And she stepped up, folded her arms
upon her bosom, threw back her head, and stood with an air of
conscious importance most wonderful to behold.
"Your name is Catherine Mortimer?" said the clerk.
"Yes, young marse--yes, honey, dat my name--Catherine Mortimer.
Which Catherine were the name giben me by my sponsibles in baptism;
and Mortimer were de name 'ferred upon me in holy matrimony by my
late demented 'panion; which he was de coachman to ole Comedy
Burghe, as fought de Britishers in the war of eighteen hundred and
twelve."
"What the de'il is the woman talking about?" here put in the
magistrate.
"She is giving testimony in this case," sarcastically answered the
counsel for the accused.
"My good woman, we don't want to hear any of your private history
previous to the time of your first landing on these shores. We want
to know what happened since. Your name, you say, is Catherine
Mortimer--"
"Hi, young marse, what I tell you? Sure it is; Catherine Mortimer,
'spectable widder 'oman, 'cause Mortimer, poor man, died of
'sumption when he was 'bout forty-five years of age, which I hab
libed ebber since in 'spectable widderhood, and wouldn't like to see
de man as would hab de imperance to ax me to change my condition,"
said Katie, rolling herself from side to side in the restlessness of
her intense self-consciousness.
"Catherine Mortimer, do you understand the nature of an oath?"
inquired the clerk.
"Hi, young marse, what should 'vent me? Where you think I done been
libbin all my days? You mus' think how I's a barbarium from the
Stingy Isles!" replied Katie indignantly.
"I ask you--do you understand the nature of an oath, and I require
you to give a straightforward answer," said the clerk.
"And I think it's berry 'sultin' in you to ax a' spectable colored
'oman any such question. Do I understan' de natur' ob an oaf? You
might 's well ax me if I knows I's got a mortal soul to be save'!
Yes, I does unnerstan' de natur' ob an oaf. I knows how, if anybody
takes a false one, which it won't be Catherine Mortimer, they'll go
right straight down to de debbil--and serbe 'em right!"
"Very well, then," said the clerk. And he put a small Bible into her
hand and dictated the usual oath, which she repeated with an awful
solemnity of manner that must have carried conviction of her perfect
orthodoxy to the minds of the most skeptical cavilers.
"Your name, you say, is Catherine Mortimer?" said the clerk, as if
requiring her to repeat this fact also under oath.
The repetition of the question nettled Katie.
"My good g'acious alibe," she said, "what I tell you? You think you
gwine catch me in a lie by 'peating of questions ober and ober in
dat a way? Now look here, young marse, I aint been tellin' of you no
lies, and if I was a-lying, you couldn't catch me dat a way, 'cause
I'se got too good a membery, dere! So, now I tell you ag'in my name
is Catherine Mortimer, and like-wise it aint Gorilla, as my lordship
and his shamwally used to call me. I done found out what dat means
now! It means monkey! which is a 'fernally false! 'cause my fambily
aint got no monkey blood in 'em. 'Dough I'd rather be a monkey dan a
lordship, if I couldn't be no better lordship den some!" said Katie,
with a vindictive nod of her head towards the viscount.
"What is the creature discoorsing anent?" inquired the perplexed
magistrate.
"She is giving in her evidence," replied the counsel for the
accused.
"You dry up! Who's you? Mus' be my lordship's new shamwally making
yourself so smart. Reckon I'll give evidence enough to fix you and
my lordship out!" snapped Katie.
"Now, then, tell us what you know of this case," said the clerk.
"What I know ob dis case? Why, in de fus' place, I know how my
lordship dere--and a perty lordship he is--and de oder shamwally,
which I don't see here present, and dat whited saltpeter, ought
ebery single one ob dem to be hung up as high as Harem. Dere! dat
what I know; and I hope you'll do it, ole marse!" said Katie
vindictively.
"Whisht, whisht, my good woman! Ye are no here to pronounce
judgment, but to gi'e testimony. Confine yoursel' to the facts!"
said the magistrate.
But this order was more easily made than obeyed. It was very
difficult for Katie to confine herself to the statement of facts,
for the reason that she seemed to imagine herself prosecutor,
witness, judge, jury, and executioner all rolled into one. It took
all the tact of the clerk to get from her what could be received as
purely legal evidence.
Katie's testimony would be nothing new to the reader. Her statement
under oath to the magistrate was the same in effect that she had
made to Judge Merlin. And although it was rather a rambling
narrative, mixed up with a good deal of bitter invective against the
accused, and gratuitous advice to the bench, and acute suggestions
of the manner of retribution that ought to be measured out to the
culprits, yet still the shrewd magistrate managed to get from it a
tolerably clear idea of the nature of the conspiracy formed against
the honor of Lady Vincent and the motive for the abduction of the
negroes. And although the counsel for the accused labored hard to
get this evidence set aside, it was accepted as good.
"James Mortimer," called the clerk.
And Jim walked forward and stood respectfully waiting to be
examined.
The clerk, after putting the same questions to Jim that he had put
to Jim's mother, and receiving the most satisfactory answers,
administered the usual oath and proceeded with the examination.
Jim said he was the son of the last witness, and he corroborated the
statements made by her, as far as his own personal experience
corresponded with hers. And although he was severely cross-examined,
he never varied from his first story, and his testimony was held
good.
"Sarah Sims," was the next called.
And Sally advanced modestly and stood respectfully before the
magistrate.
Having satisfactorily answered the preliminary questions that were
put to her, she took the prescribed oath with a deep reverence of
manner that prepossessed everyone, except the accused and their
counsel, in her favor.
And then she gave her testimony in a clear, simple, concise manner,
that met the approval of all who heard her. The counsel for the
accused cross-examined her with ingenuity, but without success.
Sally's testimony was decidedly the most conclusive of any given by
the three negroes. And she was allowed to sit down.
Then the counsel for the accused arose and made a speech, in which
he ingeniously sought to do away with the effect of all the evidence
that had been given in against the prisoners. He took exception to
Ishmael's evidence because Mr. Worth had declined to give it under
oath; to Judge Merlin's, because, he said, that ancient man was so
well stricken with years as to be falling into his dotage; to old
Katie's, because most decidedly he declared she was totally
unreliable, being half monkey, half maniac, and whole knave; to
Jim's, because he averred him to be wholly under the influence of
others; to Sally's, for the same reason. It would be monstrous, he
said, to send a nobleman and a lady to trial upon such evidence as
had been given in by such witnesses as had appeared there. And he
ended by demanding that his clients should be instantly and
honorably discharged from custody, and particularly that they should
not be remanded.
And he sat down.
"Dinna ye fash yersel', laddie! I hae na the least intention to
remaund the accused. I s'all commit them for trial," said the
magistrate. Then looking down upon his clerk, he said:
"Ross, mon, mak' out the warrants."
A perfect storm of remonstrance, strange to witness in a
magistrate's office, arose. The lawyer sprang upon his feet and
vehemently opposed the committal. Lord Vincent indignantly exclaimed
against the outrage of sending a nobleman of the house of
Hurstmonceux to trial. Faustina went into hysterics, and was
attended by Mrs. MacDonald.
Meanwhile the clerk coolly made out the warrants and placed them in
the hands of McRae for execution. That prompt policeman proceeded to
take possession of his prisoners. But the storm increased;
Faustina's screams awoke the welkin; Lord Vincent's loud
denunciation accompanied her in bass keys; the lawyer's wild
expostulations and gesticulations arose above all.
Sir Alexander had borne all this tempestuous opposition very
patiently at first; but the patience of the most long-suffering man
may give out. Sir Alexander's did.
"McRae, remove the prisoners. And, laddie," he said to the
denunciatory lawyer, "gin ye dinna haud your tongue, I'll commit
yoursel' for contempt!"
Lord Vincent, seeing that all opposition must be worse than vain,
quietly yielded the point and followed his conductor. But Faustina's
animal nature got the ascendency, and she resisted, fought and
screamed like a wildcat. It took half a dozen policemen to put her
into the carriage, and then the handcuffs had to be put on her.
As soon as quiet was restored another case was called on. It was
that of Frisbie, the ex-valet, charged with the murder of Ailsie
Dunbar.