CHAPTER X.

But see, his face is black, and full of blood; His

eye-balls farther out than when he lived, Staring full

ghastly like a strangled man; His hair uprear'd, his

nostrils stretch'd with struggling, His hands abroad

display'd, as one that gasp'd And tugg'd for life, and was

by strength subdued.

Henry IV. Part I

THE Sheriff-depute of the county arrived at Ellangowan next morning

by daybreak. To this provincial magistrate the law of Scotland

assigns judicial powers of considerable extent, and the task of

inquiring into all crimes committed within his jurisdiction, the

apprehension and commitment of suspected persons, and so forth. [*

The Scottish Sheriff discharges, on such occasions as that now

mentioned, pretty much the same duty as a Coroner.]

The gentleman who held the office in the shire of--at the time of

this catastrophe, was well born and well educated; and, though

somewhat pedantic and professional in his habits, he enjoyed

general respect as an active and intelligent magistrate. His first

employment was to examine all witnesses whose evidence could throw

light upon this mysterious event, and make up the written report,

proces verbal or precognition, as it is technically called, which

the practice of Scotland has substituted for a coroner's inquest.

Under the Sheriffs minute and skilful inquiry, many circumstances

appeared, which seemed incompatible with the original opinion, that

Kennedy had accidentally fallen from the cliffs. We shall briefly

detail some of these.

The body had been deposited in a neighbouring fisher-hut, but

without altering the condition in which it was found. This was the

first object of the Sheriff's examination. Though fearfully crushed

and mangled by the fall from such a height, the corpse was found to

exhibit a deep cut in the head, which, in the opinion of a skilful

surgeon, must have been inflicted by a broadsword, or cutlass. The

experience of this gentleman discovered other suspicious

indications. The face was much blackened, the eyes distorted, and

the veins of the neck swelled. A coloured handkerchief, which the

unfortunate man had worn round his neck, did not present the usual

appearance, but was much loosened, and the knot displaced and

dragged extremely tight: the folds were also compressed, as if it

had been used as a means of grappling the deceased, and dragging

him perhaps to the precipice.

On the other hand, poor Kennedy's purse was found untouched; and,

what seemed yet more extraordinary, the pistols which he usually

carried when about to encounter any hazardous adventure, were found

in his pockets loaded. This appeared particularly strange, for he

was known and dreaded by the contraband traders as a man equally

fearless and dexterous in the use of his weapons, of which he had

given many signal proofs. The Sheriff inquired, whether Kennedy

was not in the practice of carrying any other arms? Most of Mr.

Bertram's servants recollected that he generally had a couteau de

chasse, or short hanger, but none such was found upon the dead

body; nor could those who had seen him on the morning of the fatal

day, take it upon them to assert whether he then carried that

weapon or not.

The corpse afforded no other indicia respecting the, fate of

Kennedy; for, though the clothes were much displaced, and the limbs

dreadfully fractured, the one seemed the probable, the other the

certain, consequences of such a fall. The hands of the deceased

were clenched fast, and full of turf and earth; but this also

seemed equivocal.

The magistrate then proceeded to the place where the corpse was

first discovered, and made those who had found it give, upon the

spot, a particular and detailed account of the manner in which it

was lying. A large fragment of the rock appeared to have

accompanied, or followed, the fall of the victim from the cliff

above. It was of so solid and compact a substance, that it had

fallen without any great diminution by splintering, so that the

Sheriff was enabled. first, to estimate the weight by measurement,

and then to calculate, from the appearance of the fragment, what

portion of it had been bedded into the cliff from which it had

descended. This was easily detected, by the raw appearance of the

stone where it had not been exposed to the atmosphere. They then

ascended the cliff, and surveyed the place from whence the stony

fragment had fallen. It seemed plain, from the appearance of the

bed, that the mere weight of one man standing upon the projecting

part of the fragment, supposing it in its original situation, could

not have destroyed its balance, and precipitated it, with himself,

from the cliff. At the same time, it appeared to have lain so

loose, that the use of a lever, or the combined strength of three

or four men, might easily have hurled it from its position. The

short turf about the brink of the precipice was much trampled, as

if stamped by the heels of men in a mortal struggle, or in the act

of some violent exertion. Traces of the same kind, less visibly

marked, guided the sagacious investigator to the verge of the

copsewood, which, in that place, crept high up the bank towards the

top of the precipice.

With patience and perseverance, they traced these marks into the

thickest part of the copse, a route which no person would have

voluntarily adopted, unless for the purpose of concealment. Here

they found plain vestiges of violence and struggling, from space to

space. Small boughs were torn down, as if grasped by some

resisting wretch who was dragged forcibly along; the ground, where

in the least degree soft or marshy, showed the print of many feet;

there were vestiges also, which might be those of human blood. At

any rate, it was certain that several persons must have forced

their passage among the oaks, hazels, and underwood, with which

they were mingled; and in some places appeared traces, as if a sack

full of grain, a dead body, or something of that heavy and solid

description, had been dragged along the ground. In one part of the

thicket there was a small swamp, the clay of which was whitish,

being probably mixed with marl. The back of Kennedy's coat

appeared besmeared with stains of the same colour.

At length, about a quarter of a mile from the brink of. the fatal

precipice, the traces conducted them to a small open space of

ground, very much trampled, and plainly stained with blood,

although withered leaves had been strewed upon the spot, and other

means hastily taken to efface the marks, which seemed obviously to

have been derived from a desperate affray. On one side of this

patch of open ground, was found the sufferer's naked hanger, .

which seemed to have been thrown into the thicket; on the other,

the belt and sheath, which appeared to have been hidden with more

leisurely care and precaution.

The magistrate caused the footprints which marked this spot to be

carefully measured and examined. Some corresponded to the foot of

the unhappy victim; some were larger, some less; indicating, that

at least four or five men had been busy around him. Above all,

here, and here only, were observed the vestiges of a child's foot;

and as it could be seen nowhere else, and the hard horse-track

which traversed the wood at Warroch was contiguous to the spot, it

was natural to think that the boy might have escaped in that

direction during the confusion. But as he was never heard of, the

Sheriff, who made a careful entry of all these memoranda, did not

suppress his opinion, that the deceased had met with foul play, and

that the murderers, whoever they were, had possessed themselves of

the person of the child Harry Bertram.

Every exertion was now made to discover the criminals. Suspicion

hesitated between the smugglers and the gipsies. The fate of Dirk

Hatteraick's vessel was certain. Two men from the opposite side of

Warroch Bay (so the inlet on the southern side of the Point of

Warroch is called) had seen, though it a great distance, the lugger

drive eastward, after doubling the headland, and, as they judged

from her manoeuvres, in a disabled state. Shortly after, they

perceived that she grounded, smoked, and, finally, took fire. She

was, as one of them expressed himself, in a light low (bright

flame) when they observed a king's ship, with her colours up, heave

in sight from behind the cape. The guns of the burning vessel

discharged themselves as the fire reached them; and they saw her,

at length, blow up with a great explosion. The sloop of war kept

aloof for her own safety; and, after hovering till the other

exploded, stood away southward under a press of sail. The Sheriff

anxiously interrogated these men whether any boats had left the

vessel. They could not say--they had seen none--but they might

have put off in such a direction as placed the burning vessel, and

the thick smoke which floated landward from it, between their

course and the witnesses' observation.

That the ship destroyed was Dirk Hatteraick's, no one doubted. His

lugger was well known on the coast, and had been expected just at

this time. A letter from the commander of the king's sloop, to

whom the Sheriff made application, put the matter beyond doubt; he

sent also an extract from his log-book of the transactions of the

day, which intimated their being on the outlook for a smuggling

lugger, Dirk Hatteraick master, upon the information and

requisition of Francis Kennedy, of his Majesty's excise service;

and that Kennedy was to be upon the outlook on the shore, in case

Hatteraick, who was known to be a desperate fellow, and had been

repeatedly outlawed, should attempt to run his sloop aground. About

nine o'clock A.M. they discovered a sail, which answered the

description of Hatteraick's vessel, chased her, and after repeated

signals to her to show colours and bring-to, fired upon her. The

chase then showed Hamburgh colours, and returned the fire; and a

running fight was maintained for three hours, when, just as the

lugger was doubling the Point of Warroch, they observed that the

main-yard was shot in the slings, and that the vessel was

disabled. It was not in the power of the man-of-war's men for some

time to profit by this circumstance, owing to their having kept too

much in-shore for doubling the headland. After two tacks, they

accomplished this, and observed the chase on fire, and apparently

deserted. The fire having reached some casks of spirits, which

were placed on the deck, with other combustibles, probably on

purpose, burnt with such fury, that no boats durst approach the

vessel, especially as her shotted guns were discharging, one after

another, by the heat. The captain had no doubt whatever that the

crew had set the vessel on fire, and escaped in their boats. After

watching the conflagration till the ship blew up, his Majesty's

sloop, the Shark, stood towards the Isle of Man, with the purpose

of intercepting the retreat of the smugglers, who, though they

might conceal themselves in the woods for a day or two, would

probably take the first opportunity of endeavouring to make for

this asylum. But they never saw more of them than is above

narrated.

Such was the account given by William Pritchard, master and

commander of his Majesty's sloop of war, Shark, who concluded by

regretting deeply that he had not had the happiness to fall in with

the scoundrels who had had the impudence to fire on his Majesty's

flag, and with an assurance, that, should he meet Mr. Dirk

Hatteraick in any future cruise, he would not fall to bring him

into port under his stern, to answer whatever might be alleged

against him.

As, therefore, it seemed tolerably certain that the men on board

the lugger had escaped, the death of Kennedy, if he fell in with

them in the woods, when irritated by the loss of their vessel, and

by the share he had in it, was easily to be accounted for. And it

was not improbable, that to such brutal tempers, rendered desperate

by their own circumstances, even the murder of the child, against

whose father, as having become suddenly active in the prosecution

of smugglers, Hatteraick was known to have uttered deep threats,

would not appear a very heinous crime.

Against this hypothesis it was urged, that a crew of fifteen or

twenty men could not have lain hidden upon the coast, when so close

a search took place immediately after the destruction of their

vessel; or, at least, that if they had hid themselves in the

woods. their boats must have been seen on the beach;--that in such

precarious circumstances, and when a retreat must have seemed

difficult, if not impossible, it was not to be thought that they

would have all united to commit a useless murder, for the mere sake

of revenge. Those who held this opinion, supposed, either that the

boats of the lugger had stood out to sea without being observed by

those who were intent upon gazing at the burning vessel, and so

gained safe distance before the sloop got round the headland; or

else, that, the boats being stayed or destroyed by the fire of the

Shark during the chase, the crew had obstinately determined to

perish with the vessel. What gave some countenance to this supposed

act of desperation was, that neither Dirk Hatteraick nor any of his

sailors, all well-known men in the fair-trade, were again seen upon

that coast, or heard of in the Isle of Man, where strict inquiry

was made. On the other hand, only one dead body, apparently that

of a seaman killed by a cannon-shot, drifted ashore. So, all that

could be done was to register the names, description, and

appearance of the individuals belonging to the ship's company, and

offer a reward for the apprehension of them, or any one of them;

extending also to any person, not the actual murderer, who should

give evidence tending to convict those who had murdered Francis

Kennedy.

Another opinion, which was also plausibly supported, went to charge

this horrid crime upon the late tenants of Derncleugh. They were

known to have resented highly the conduct of the Laird of

Ellangowan towards them, and to have used threatening expressions,

which every one supposed them capable of carrying into effect. The

kidnapping the child was a crime much more consistent with their

habits than with those of smugglers, and his temporary guardian

might have fallen in an attempt to protect him. Besides it was

remembered that Kennedy had been an active agent, two or three days

before,--in the forcible expulsion of these people from Derncleugh,

and that harsh and menacing language had been exchanged between him

and some of the Egyptian patriarchs on that memorable occasion.

The Sheriff received also the depositions of the unfortunate father

and his servant, concerning what had passed at their meeting the

caravan of gipsies as they left the estate of Ellangowan. The

speech of Meg Merrilies seemed particularly suspicious. There was,

as the magistrate observed in his law language, damnum minatum--a

damage, or evil turn, threatened, and malum secutum--an evil of the

very kind predicted shortly afterwards following. A young woman,

who had been gathering nuts in Warroch wood upon the fatal day, was

also strongly of opinion, though she declined to make positive

oath, that she had seen Meg Merrilies, at least a woman of her

remarkable size and appearance, start suddenly out of a

thicket--she said she had called to her by name, but, as the figure

turned from her, and made no answer, she was uncertain if it were

the gipsy, or her wraith, and was afraid to go nearer to one who

was always reckoned, in the vulgar phrase, no canny. This vague

story received some corroboration from the circumstance of a fire

being that evening found in the gipsy's deserted cottage. To this

fact Ellangowan and his gardener bore evidence. Yet it seemed

extravagant to suppose, that, had this woman been accessory to such

a dreadful crime, she would have returned that very evening on

which it was committed, to the place, of all others, where she was

most likely to be sought after.

Meg Merrilies was, however, apprehended and examined. She denied

strongly having been either at Derncleugh or in the wood of Warroch

upon the day of Kennedy's death; and several of her tribe made oath

in her behalf, that she had never quitted their encampment, which

was in a glen about' ten miles distant from Ellangowan. Their

oaths were indeed little to be trusted to; but what other evidence

could be had in the circumstances? There was one remarkable fact,

and only one, which arose from her examination. Her arm appeared

to be slightly wounded by the cut of a sharp weapon, and was tied

up with a handkerchief of Harry Bertram's. But the chief of the

horde acknowledged he had "corrected her" that day with his

whinger--she herself, and others, gave the same account of her

hurt; and, for the handkerchief, the quantity of linen stolen from

Ellangowan during the last months of their residence on the estate,

easily accounted for it, without charging Meg with a more heinous

crime.

It was observed upon her examination, that she treated the

questions respecting the death of Kennedy, or "the gauger," as she

called him, with indifference; but expressed great and emphatic

scorn and indignation at being supposed capable of injuring little

Harry Bertram. She was long confined in jail, under the hope that

something might yet be discovered to throw light upon this dark and

bloody transaction. Nothing, however, occurred; and Meg was at

length liberated, but under sentence of banishment from the county,

as a vagrant, common thief, and disorderly person. No traces of

the boy could ever be discovered; and, at length, the story, after

making much noise, was gradually given up as altogether

inexplicable, and only perpetuated by the name of "The Gauger's

Loup," which was generally bestowed on the cliff from which the

unfortunate man had fallen, or been precipitated.

Guy Mannering · 第 10 / 57 章