PART THREE, CHAPTER FIVE.

BY THE COMMITTING OF MAGISTERIAL MISTAKES I AM PERSONALLY AND PENALLY

COMMITTED--I PREPARE FOR MY TRIAL BY CALLING IN THE ASSISTANCE OF THE

TAILOR AND THE PERFUME--I AM RESOLVED TO DIE LIKE A GENTLEMAN.

"It is indeed a pity, a great pity," observed one of the magistrates,

"such a fine young man, and evidently, by his demeanour and language,

well brought up; but I believe," said he, turning to the others, "we

have but one course; what say you, Mr Norman?"

"I am afraid that my opinion coincides with yours, and that the grand

jury will not hesitate to find a bill, as the case stands at present.

Let us, however, ask the witness Armstrong one question. Do you

positively swear to this young man being one of the persons who attacked

you?"

"It was not very light at the time, sir, and both the men had their

faces _smutted_; but it was a person just his size, and dressed in the

same way, as near as I can recollect."

"You cannot, therefore, swear to his identity?"

"No, sir; but to the best of my knowledge and belief, he is the man."

"Take that evidence down as important," said Mr Norman; "it will assist

him at his trial."

The evidence was taken down, and then my commitment to the county gaol

was made out. I was placed in a cart, between two constables, and

driven off. On my arrival I was put into a cell, and my money returned

to me, but the ring was detained, that it might be advertised. At last,

I was freed from the manacles; and when the prison dress was brought to

me to put on, in lieu of my own clothes, I requested leave from the

gaoler to wash myself, which was granted; and, strange to say, so

unaccustomed had I been to such a state of filth, that I felt a degree

of happiness, as I returned from the pump in the prison-yard, and I put

on the prison dress almost with pleasure; for degrading as it was, at

all events, it was new and clean. I then returned to my cell, and was

left to my meditations.

Now that my examination and committal, were over, I became much more

composed, and was able to reflect coolly. I perceived the great danger

of my situation--how strong the evidence was against me--and how little

chance I had of escape. As for sending to Lord Windermear, Mr

Masterton, or those who formerly were acquainted with me, my pride

forbade it--I would sooner have perished on the scaffold. Besides,

their evidence as to my former situation in life, although it would

perhaps satisfactorily account for my possession of the money and the

ring, and for my disposing of my portmanteau--all strong presumptive

evidence against me--would not destroy the evidence brought forward as

to the robbery, which appeared to be so very conclusive to the bench of

magistrates. My only chance appeared to be in the footpad, who had not

escaped, acknowledging that I was not his accomplice; and I felt how

much I was interested in his recovery, as well as in his candour. The

assizes I knew were near at hand, and I anxiously awaited the return of

the gaoler, to make a few inquiries. At night he looked through the

small square cut out of the top of the door of the cell, for it was his

duty to go his rounds and ascertain if all his prisoners were safe. I

then asked him if I might be allowed to make a few purchases, such as

pens, ink, and paper, etcetera. As I was not committed to prison in

punishment, but on suspicion, this was not denied, although it would

have been to those who were condemned to imprisonment and hard labour

for their offences; and he volunteered to procure them for me the next

morning. I then wished him a good night, and threw myself on my

mattress. Worn out with fatigue and distress of mind, I slept soundly,

without dreaming, until daylight the next morning. As I awoke, and my

scattered senses were returning, I had a confused idea that there was

something which weighed heavily on my mind, which sleep had banished

from my memory. "What is it?" thought I; and as I opened my eyes, so

did I remember that I, Japhet Newland, who but two nights before was

pressing the down of luxury in the same habitation as Lady de Clare and

her lovely child, was now on a mattress in the cell of a prison, under a

charge which threatened me with an ignominious death. I rose, and sat

on the bed, for I had not thrown off my clothes. My first thoughts were

directed to Timothy. Should I write to him? No, no! why should I make

him miserable? If I was to suffer, it should be under an assumed name.

But what name? Here I was interrupted by the gaoler, who opened the

door, and desired me to roll up my mattress and bed-clothes, that they

might, as was the custom, be taken out of the cell during the day.

My first inquiry was, if the man who had been so much hurt was in the

gaol.

"You mean your 'complice," replied the gaoler. "Yes, he is here, and

has recovered his senses. The doctor says he will do very well."

"Has he made any confession?" inquired I.

The gaoler made no reply.

"I ask that question," continued I, "because if he acknowledges who was

his accomplice, I shall be set at liberty."

"Very likely," replied the man, sarcastically; "the fact is, there is no

occasion for king's evidence in this case, or you might get off by

crossing the water; so you must trust to your luck. The grand jury meet

to-day, and I will let you know whether a true bill is found against you

or not."

"What is the name of the other man?" inquired I.

"Well, you are a good 'un to put a face upon a matter, I will say. You

would almost persuade me, with that innocent look of yours, that you

know nothing about the business."

"Nor do I," replied I.

"You will be fortunate if you can prove as much, that's all."

"Still, you have not answered my question: what is the other man's

name?"

"Well," replied the gaoler, laughing, "since you are determined I shall

tell you, I will. It must be news to you, with a vengeance. His name

is Bill Ogle, _alias_ Swamping Bill. I suppose you never heard that

name before?"

"I certainly never did," replied I.

"Perhaps you do not know your own name? Yet I can tell it you, for Bill

Ogle has blown upon you so far."

"Indeed," replied I; "and what name has he given to me?"

"Why, to do him justice, it wasn't until he saw a copy of the

depositions before the magistrates, and heard how you were nabbed in

trying to help him off, that he did tell it; and then he said, `Well,

Phill Maddox always was a true 'un, and I'm mortal sorry that he's in

for't, by looking a'ter me.' Now do you know your own name?"

"I certainly do not," replied I.

"Well, did you ever hear of one who went by the name of Phill Maddox?"

"I never did," replied I; "and I am glad that Ogle has disclosed so

much."

"Well, I never before met with a man who didn't know his own name, or

had the face to say so, and expect to be believed; but never mind, you

are right to be cautious, with the halter looking you in the face."

"O God! O God!" exclaimed I, throwing myself on the bedstead, and

covering up my face, "give me strength to bear even that, if so it must

be."

The gaoler looked at me for a time. "I don't know what to make of him--

he puzzles me quite, certainly. Yet it's no mistake."

"It is a mistake," replied I, rising; "but whether the mistake will be

found out until too late, is another point. However, it is of little

consequence. What have I to live for,--unless to find out who is my

father?"

"Find out your father! what's in the wind now? well, it beats my

comprehension altogether. But did not you say you wished me to get you

something?"

"Yes," replied I; and I gave him some money, with directions to purchase

me implements for writing, some scented wax, a tooth-brush, and

tooth-powder, eau de cologne, hair-brush and comb, razors, small

looking-glass, and various implements for my toilet.

"This is a rum world," said the man, repeating what I asked for, as I

put two guineas in his hand. "I've purchased many an article for a

prisoner, but never heard of such rattletraps afore; however, that be

all the same. You will have them, though what _ho de colum_ is I can't

tell, nor dang me if I shall recollect--not poison, be it, for that is

not allowed in the prison?"

"No, no," replied I, indulging in momentary mirth at the idea; "you may

inquire, and you will find that it's only taken by ladies who are

troubled with the vapours."

"Now I should ha' thought that you'd have spent your money in the

cookshop, which is so much more natural. However, we all have our

fancies;" so saying, he flitted the cell, and locked the door.

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