CIRCUMSTANTIAL EVIDENCE.

In the second year of my connection with the Northern Circuit, when even

_junior_ briefs were much less numerous than acceptable, I was agreeably

surprised, as I sat musing on the evening of my arrival in the ancient

city of York upon the capricious mode in which those powerful personages

the attorneys distributed their valuable favors, by the entrance of one

of the most eminent of the race practising in that part of the country,

and the forthwith tender of a bulky brief in the Crown Court, on which,

as my glance instinctively fell on the interesting figures, I perceived

that the large fee, in criminal cases, of fifty guineas was marked. The

local newspapers, from which I had occasionally seen extracts, had been

for some time busy with the case; and I knew it therefore to be,

relatively to the condition in life of the principal person implicated,

an important one. Rumor had assigned the conduct of the defence to an

eminent leader on the circuit--since, one of our ablest judges; and on

looking more closely at the brief, I perceived that that gentleman's name

had been crossed out, and mine substituted. The fee also--a much less

agreeable alteration--had been, I saw, considerably reduced; in

accordance, doubtless, with the attorney's appreciation of the difference

of value between a silk and a stuff gown.

"You are not, sir, I believe, retained for the prosecution in the crown

against Everett?" said Mr. Sharpe in his brief, business manner.

"I am not, Mr. Sharpe."

"In that case, I beg to tender you the leading-brief for the defence. It

was intended, as you perceive, to place it in the hands of our great

_nisi prius_ leader, but he will be so completely occupied in that court,

that he has been compelled to decline it. He mentioned you; and from what

I have myself seen of you in several cases, I have no doubt my

unfortunate client will have ample justice done him. Mr. Kingston will be

with you."

I thanked Mr. Sharpe for his compliment, and accepted his brief. As the

commission would be opened on the following morning, I at once applied

myself to a perusal of the bulky paper, aided as I read by the verbal

explanations and commentaries of Mr. Sharpe. Our conference lasted

several hours; and it was arranged that another should be held early the

next morning at Mr. Sharpe's office, at which Mr. Kingston would assist.

Dark, intricate, compassed with fearful mystery, was the case so suddenly

submitted to my guidance; and the few faint gleams of light derived from

the attorney's research, prescience, and sagacity, served but to render

dimly visible a still profounder and blacker abyss of crime than that

disclosed by the evidence for the crown. Young as I then was in the

profession, no marvel that I felt oppressed by the weight of the

responsibility cast upon me; or that, when wearied with thinking, and

dizzy with profitless conjecture, I threw myself into bed, perplexing

images and shapes of guilt and terror pursued me through my troubled

sleep! Happily the next day was not that of trial; for I awoke with a

throbbing pulse and burning brain, and should have been but poorly

prepared for a struggle involving the issues of life and death. Extremely

sensitive, as, under the circumstances, I must necessarily have been, to

the arduous nature of the grave duties so unexpectedly devolved upon me;

the following _résumé_ of the chief incidents of the case, as confided to

me by Mr. Sharpe, will, I think, fully account to the reader for the

nervous irritability under which I for the moment, labored:--

Mr. Frederick Everett, the prisoner about to be arraigned before a jury

of his countrymen for the frightful crime of murder, had, with his

father, Captain Anthony Everett, resided for several years past at

Woodlands Manor-House, the seat of Mrs. Eleanor Fitzhugh, a rich, elderly

maiden lady, aunt to the first, and sister by marriage to the last-named

gentleman. A generous, pious, high-minded person Mrs. Fitzhugh was

represented to have been, but extremely sensitive withal on the score of

"family." The Fitzhughs of Yorkshire, she was wont to boast, "came in

with the Conqueror;" and any branch of the glorious tree then firmly

planted in the soil of England that degraded itself by an alliance with

wealth, beauty, or worth, dwelling without the pale of her narrow

prejudices, was inexorably cut off from her affections, and, as far as

she was able, from her memory. One--the principal of these offenders--had

been Mary Fitzhugh, her young, fair, gentle, and only sister. In utter

disdain and slight of the dignity of ancestry, she had chosen to unite

herself to a gentleman of the name of Mordaunt, who, though possessed of

great talents, an unspotted name, and, for his age, high rank in the

civil service of the East India Company, had--inexpiable misfortune--a

trader for his grandfather! This crime against her "house" Mrs. Eleanor

Fitzhugh resolved never to forgive; and she steadily returned, unopened,

the frequent letters addressed to her by her sister, who pined in her

distant Indian home for a renewal of the old sisterly love which had

watched over and gladdened her life from infancy to womanhood. A long

silence--a silence of many years--succeeded; broken at last by the sad

announcement that the unforgiven one had long since found an early grave

in a foreign land. The letter which brought the intelligence bore the

London post-mark, and was written by Captain Everett; to whom, it was

stated, Mrs. Eleanor Fitzhugh's sister, early widowed, had been united in

second nuptials, and by whom she had borne a son, Frederick Everett, now

nearly twenty years of age. The long-pent-up affection of Mrs. Fitzhugh

for her once idolized sister burst forth at this announcement of her

death with uncontrollable violence; and, as some atonement for her past

sinful obduracy, she immediately invited the husband and son of her

long-lost Mary to Woodlands Manor-House, to be henceforth, she said, she

hoped their home. Soon after their arrival, Mrs. Fitzhugh made a

will--the family property was entirely at her disposal--revoking a former

one, which bequeathed the whole of the real and personal property to a

distant relative whom she had never seen, and by which all was devised to

her nephew, who was immediately proclaimed sole heir to the Fitzhugh

estates, yielding a yearly rental of at least £12,000. Nay, so thoroughly

was she softened towards the memory of her deceased sister, that the

will--of which, as I have stated, no secret was made--provided, in the

event of Frederick dying childless, that the property should pass to his

father, Mary Fitzhugh's second husband.

No two persons could be more unlike than were the father and

son--mentally, morally, physically. Frederick Everett was a fair-haired,

blue-eyed young man, of amiable, caressing manners, gentle disposition,

and ardent, poetic temperament. His father, on the contrary, was a

dark-featured, cold, haughty, repulsive man, ever apparently wrapped up

in selfish and moody reveries. Between him and his son there appeared to

exist but little of cordial intercourse, although the highly-sensitive

and religious tone of mind of Frederick Everett caused him to treat his

parent with unvarying deference and respect.

The poetic temperament of Frederick Everett brought him at last, as

poetic temperaments are apt to do, into trouble. Youth, beauty,

innocence, and grace, united in the person of Lucy Carrington--the only

child of Mr. Stephen Carrington, a respectable retired merchant of

moderate means, residing within a few miles of Woodlands

Manor-House--crossed his path; and spite of his shield of many

quarterings, he was vanquished in an instant, and almost without

resistance. The at least tacit consent and approval of Mr. Carrington and

his fair daughter secured, Mr. Everett, junior--hasty, headstrong lover

that he was--immediately disclosed his matrimonial projects to his father

and aunt. Captain Everett received the announcement with a sarcastic

smile, coldly remarking, that if Mrs. Fitzhugh was satisfied, he had no

objection to offer. But, alas! no sooner did her nephew, with much

periphrastic eloquence, in part his passion for the daughter of a _mere_

merchant to his aunt, than a vehement torrent of indignant rebuke broke

from her lips. She would die rather than consent to so degrading a

_mésalliance_; and should he persist in yielding to such gross

infatuation, she would not only disinherit, but banish him her house, and

cast him forth a beggar on the world. Language like this, one can easily

understand, provoked language from the indignant young man which in less

heated moments he would have disdained to utter; and the aunt and nephew

parted in fierce anger, and after mutual denunciation of each other--he

as a disobedient ingrate, she as an imperious, ungenerous tyrant. The

quarrel was with some difficulty patched up by Captain Everett; and with

the exception of the change which took place in the disappointed lover's

demeanor--from light-hearted gaiety to gloom and sullenness--things,

after a few days, went on pretty nearly as before.

The sudden rupture of the hopes Mrs. Eleanor Fitzhugh had reposed in her

nephew as the restorer of the glories of her ancient "house," tarnished

by Mary Fitzhugh's marriage, affected dangerously, it soon appeared, that

lady's already failing health. A fortnight after the quarrel with her

nephew, she became alarmingly ill. Unusual and baffling symptoms showed

themselves; and after suffering during eight days from alternate acute

pain, and heavy, unconquerable drowsiness, she expired in her nephew's

arms. This sudden and fatal illness of his relative appeared to reawaken

all Frederick Everett's tenderness and affection for her. He was

incessant in his close attendance in the sick-chamber, permitting no one

else to administer to his aunt either aliment or medicine. On this latter

point, indeed, he insisted, with strange fierceness, taking the medicine

with his own hand from the man who brought it; and after administering

the prescribed quantity, carefully locking up the remainder in a cabinet

in his bed-room.

On the morning of the day that Mrs. Fitzhugh died, her ordinary medical

attendant, Mr. Smith, terrified and perplexed by the urgency of the

symptoms exhibited by his patient, called in the aid of a

locally-eminent physician, Dr. Archer, or Archford--the name is not very

distinctly written in my memoranda of these occurrences; but we will

call him Archer--who at once changed the treatment till then pursued,

and ordered powerful emetics to be administered, without, however, as

we have seen, producing any saving or sensible effect. The grief of

Frederick Everett, when all hope was over, was unbounded. He threw

himself, in a paroxysm of remorse or frenzy, upon the bed, accusing

himself of having murdered her, with other strange and incoherent

expressions, upon which an intimation soon afterwards made by Dr. Archer

threw startling light. That gentleman, conjointly with Mr. Smith,

requested an immediate interview with Captain Everett, and Mr. Hardyman,

the deceased lady's land-steward and solicitor, who happened to be in

the house at the time. The request was of course complied with, and Dr.

Archer at once bluntly stated that, in his opinion, _poison_ had been

administered to the deceased lady, though of what precise kind he was

somewhat at a loss to conjecture--opium essentially, he thought, though

certainly not in any of its ordinary preparations--one of the alkaloids

probably which chemical science had recently discovered. Be this as it

may, a _post-mortem_ examination of the body would clear up all doubts,

and should take place as speedily as possible. Captain Everett at once

acceded to Dr. Archer's proposal, at the same time observing that he was

quite sure the result would entirely disprove that gentleman's

assumption. Mr. Hardyman also fully concurred in the necessity of a

rigid investigation; and the _post-mortem_ examination should, it was

arranged, take place early on the following morning.

"I have another and very painful duty to perform," continued Dr. Archer,

addressing Captain Everett. "I find that your son, Mr. Frederick Everett,

alone administered medicine and aliment to Mrs. Fitzhugh during her

illness. Strange, possibly wholly frenzied expressions, but which sounded

vastly like cries of remorse, irrepressible by a person unused to crime,

escaped him in my hearing just after the close of the final scene;

and--But perhaps, Captain Everett, you had better retire: this is

scarcely a subject"--

"Go on, sir," said the captain, over whose countenance a strange

expression--to use Dr. Archer's own words--had _flashed_; "go on: I am

better now."

"We all know," resumed Dr. Archer, "how greatly Mr. Frederick Everett

gains in wealth by his aunt's death; and that her decease, moreover, will

enable him to conclude the marriage to which she was so determinedly

opposed. I think, therefore, that, under all the circumstances, we shall

be fully justified in placing the young gentleman under such--I will not

say custody, but _surveillance_ as will prevent him either from leaving

the house, should he imagine himself suspected, or of destroying any

evidence which may possibly exist of his guilt, if indeed he be guilty."

"I entirely agree with you, Dr. Archer," exclaimed Mr. Hardyman, who had

listened with much excitement to the doctor's narrative; "and will, upon

my own responsibility, take the necessary steps for effecting the object

you have in view."

"Gentlemen," said Captain Everett, rising from his chair, "you will of

course do your duty; but I can take no part, nor offer any counsel, in

such a case; I must leave you to your own devices." He then left the

apartment.

He had been gone but a few minutes, when Frederick Everett, still in a

state of terrible excitement, entered the room, strode fiercely up to Dr.

Archer, and demanded how he dared propose, as the butler had just

informed him he had done, a dissection of his aunt's body.

"I will not permit it," continued the agitated young man: "I am master

here, and I say it shall not be done. What new horror would you

evoke? Is it not enough that one of the kindest, best of God's

creatures, has perished, but _another_ sacrifice must--What do I say?

Enough that I will not permit it. I have seen similar cases-very

similar cases in--in India!"

The gentleman so strangely addressed had exchanged significant glances

during the delivery of this incoherent speech; and, quite confirmed in

their previous impression, Mr. Hardyman, as their spokesman, interrupted

the speaker, to inform him that _he_ was the suspected assassin of his

aunt! The accusing sentences had hardly passed the solicitor's lips, when

the furious young man sprang towards him with the bound of a tiger, and

at one blow prostrated him on the floor. He was immediately seized by the

two medical gentlemen, and help having been summoned, he was with much

difficulty secured, and placed in strict confinement, to await the result

of the next day's inquiry.

The examination of the body disclosed the terrible fact, that the

deceased lady had perished by _acetate of morphine_; thus verifying the

sagacious guess of Dr. Archer. A minute search was immediately made

throughout Mr. Frederick Everett's apartments, and behind one of the

drawers of a cabinet in his bedroom--at the back of the shelf or

partition upon which the drawer rested, and of course completely hidden

by the drawer itself when in its place--was found a flat tin flask,

fluted on the outside, and closed with a screw stopper: it was loosely

enveloped in a sheet of brown paper, directed "--Everett, Esq., Woodlands

Manor-House, Yorkshire;" and upon close examination, a small quantity of

white powder, which proved to be _acetate of morphine_, was found in the

flask. Suspicion of young Everett's guilt now became conviction; and, as

if to confirm beyond all doubt the soundness of the chain of

circumstantial evidence in which he was immeshed, the butler, John

Darby, an aged and trusty servant of the late Mrs. Fitzhugh, made on the

next day the following deposition before the magistrates:--

"He had taken in, two days before his late mistress was seized with her

fatal illness, a small brown paper parcel which had been brought by coach

from London, and for which 2s. 10d carriage was charged and paid. The

paper found in Mr. Frederick Everett's cabinet was, he could positively

swear, from the date and figures marked on it, and the handwriting, the

paper wrapper of that parcel. He had given it to young Mr. Everett, who

happened to be in the library at the time. About five minutes afterwards,

he had occasion to return to the library, to inform him that some

fishing-tackle he had ordered was sent home. The door was ajar; and Mr.

Frederick did not at first perceive his entrance, as he was standing with

his back to the door. The paper parcel he, the butler, had just before

delivered was lying open on the table, and Mr. Everett held in one hand a

flat tin flask--the witness had no doubt the same found in the

cabinet--and in the other a note, which he was reading. He, the witness,

coughed, to attract Mr. Everett's attention, who hurriedly turned round,

clapped down the flask and the note, shuffling them under the paper

wrapper, as if to conceal them, and then, in a very confused manner, and

his face as red as flame, asked witness what he wanted there? Witness

thought this behavior very strange at the time; but the incident soon

passed from his mind, and he had thought no more of it till the finding

of the paper and flask as described by the other witnesses."

Mr. Frederick Everett, who had manifested the strangest impassability, a

calmness as of despair, throughout the inquiry, which perplexed and

disheartened Mr. Sharpe, whose services had been retained by Captain

Everett, allowed even this mischievous evidence to pass without a word of

comment or explanation; and he was, as a matter of course, fully

committed for the wilful murder of his relative. The chain of

circumstantial evidence, motive included, was, it was felt, complete--not

a link was wanting.

These were the chief incidents disclosed to me by Mr. Sharpe during our

long and painful consultation. Of the precise nature of the terrible

suspicions which haunted and disturbed me, I shall only in this place say

that neither Mr. Sharpe, nor, consequently, myself, would in all

probability have guessed or glanced at them, but for the persistent

assertions of Miss Carrington, that her lover was madly sacrificing

himself from some chimerical motive of honor or duty.

"You do not know, Mr. Sharpe, as I do," she would frequently exclaim with

tearful vehemence, "the generous, child-like simplicity, the chivalric

enthusiasm, of his character, his utter abnegation of self, and readiness

on all occasions to sacrifice his own ease, his own wishes, to forward

the happiness of others; and, above all, his fantastic notions of

honor--duty, if you will--which would, I feel assured, prompt him to

incur any peril, death itself, to shield from danger any one who had

claims upon him either of blood or of affection. You know to whom my

suspicions point; and how dreadful to think that one so young, so brave,

so pious, and so true, should be sacrificed for such a monster as I

believe that man to be!"

To all these passionate expostulations the attorney could only reply

that vague suspicions were not judicial proofs; and that if Mr.

Frederick Everett would persist in his obstinate reserve, a fatal result

was inevitable. But Mr. Sharpe readily consented to gratify the wishes

of Mr. Carrington and his daughter on one point: he returned the money,

not a very large sum, which Captain Everett had sent him, and agreed

that Mr. Carrington should supply the funds necessary for the defence of

the prisoner.

Our consultation the next day at Mr. Sharpe's was a sad and hopeless one.

Nowhere did a gleam of cheerful light break in. The case was

overwhelmingly complete against the prisoner. The vague suspicions we

entertained pointed to a crime so monstrous, so incredible, that we felt

it could not be so much as hinted at upon such, legally considered,

slight grounds. The prisoner was said to be an eloquent speaker, and I

undertook to draw up the outline of a defence, impugning, with all the

dialectic skill I was master of, the conclusiveness of the evidence for

the crown. To this, and a host of testimony to character which we

proposed to call, rested our faint hopes of "a good deliverance!"

Business was over, and we were taking a glass of wine with Mr. Sharpe,

when his chief clerk entered to say that Sergeant Edwards, an old

soldier--who had spoken to them some time before relative to a large

claim which he asserted he had against Captain Everett, arising out of a

legacy bequeathed to him in India, and the best mode of assuring its

payment by an annuity, as proposed by the captain--had now called to say

that the terms were at last finally arranged, and that he wished to know

when Mr. Sharpe would be at leisure to draw up the bond. "He need not

fear for his money!" exclaimed Sharpe tartly, "the captain will, I fear,

be rich enough before another week has passed over our heads. Tell him to

call to-morrow evening; I will see him after I return from court." A few

minutes afterwards, I and Mr. Kingston took our leave.

The Crown Court was thronged to suffocation on the following morning,

and the excitement of the auditory appeared to be of the intensest kind.

Miss Carrington, closely veiled, sat beside her father on one of the

side-benches. A true bill against the prisoner had been found on the

previous afternoon; and the trial, it had been arranged, to suit the

convenience of counsel, should be first proceeded with. The court was

presided over by Mr. Justice Grose; and Mr. Gurney--afterwards Mr. Baron

Gurney--with another gentleman appeared for the prosecution. As soon as

the judge had taken his seat, the prisoner was ordered to be brought in,

and a hush of expectation pervaded the assembly. In a few minutes he made

his appearance in the dock. His aspect--calm, mournful, and full of

patient resignation--spoke strongly to the feelings of the audience, and

a low murmur of sympathy ran through the court. He bowed respectfully to

the bench, and then his sad, proud eye wandered round the auditory, till

it rested on the form of Lucy Carrington, who, overcome by sudden

emotion, had hidden her weeping face in her father's bosom. Strong

feeling, which he with difficulty mastered, shook his frame, and blanched

to a still deeper pallor his fine intellectual countenance. He slowly

withdrew his gaze from the agitating spectacle, and his troubled glance

meeting that of Mr. Sharpe, seemed to ask why proceedings, which _could_

only have one termination, were delayed. He had not long to wait. The

jury were sworn, and Mr. Gurney rose to address them for the crown.

Clear, terse, logical, powerful without the slightest pretence to what is

called eloquence, his speech produced a tremendous impression upon all

who heard it; and few persons mentally withheld their assent to his

assertion, as he concluded what was evidently a painful task, "that

should he produce evidence substantiating the statement he had made, the

man who could then refuse to believe in the prisoner's guilt, would

equally refuse credence to actions witnessed by his own bodily eyes."

The different witnesses were then called, and testified to the various

facts I have before related. Vainly did Mr. Kingston and I exert

ourselves to invalidate the irresistible proofs of guilt so

dispassionately detailed. "It is useless," whispered Mr. Sharpe, as I sat

down after the cross-examination of the aged butler. "You have done all

that could be done; but he is a doomed man, spite of his innocence, of

which I feel, every moment that I look at him, the more and more

convinced. God help us; we are poor, fallible creatures, with all our

scientific machinery for getting at truth!"

The case for the crown was over, and the prisoner was told that now was

the time for him to address the jury in answer to the charge preferred

against him. He bowed courteously to the intimation, and drawing a paper

from his pocket, spoke, after a few preliminary words of course, nearly

as follows:--

"I hold in my hand a very acute and eloquent address prepared for me by

one of the able and zealous gentlemen who appears to-day as my counsel,

and which, but for the iniquitous law which prohibits the advocate of a

presumed felon, but possibly quite innocent person, from addressing the

jury, upon whose verdict his client's fate depends, would no doubt have

formed the subject-matter of an appeal to you not to yield credence to

the apparently irrefragable testimony arrayed against me. The substance

of this defence you must have gathered from the tenor of the

cross-examinations; but so little effect did it produce, I saw, in that

form, however ably done, and so satisfied am I that though it were

rendered with an angel's eloquence, it would prove utterly impotent to

shake the strong conclusions of my guilt, which you, short-sighted,

fallible mortals--short-sighted and fallible _because_ mortal!--I mean no

disrespect--must have drawn from the body of evidence you have heard,

that I will not weary you or myself by reading it. I will only observe

that it points especially to the _over_-roof, so to speak, arrayed

against me--to the folly of supposing that an intentional murderer would

ostentatiously persist in administering the fatal potion to the victim

with his own hands, carefully excluding all others from a chance of

incurring suspicion. There are other points, but this is by far the most

powerful one; and as I cannot believe _that_ will induce you to return a

verdict rescuing me from what the foolish world, judging from

appearances, will call a shameful death, but which I, knowing my own

heart, feel to be sanctified by the highest motives which can influence

man--it would be merely waste of time to repeat them. From the first

moment, gentlemen, that this accusation was preferred against me, I felt

that I had done with this world; and, young as I am, but for one beloved

being whose presence lighted up and irradiated this else cold and barren

earth, I should, with little reluctance, have accepted this gift of an

apparently severe, but perhaps merciful fate. This life, gentlemen," he

continued after a short pause, "it has been well said, is but a battle

and a march. I have been struck down early in the combat; but of what

moment is that, if it be found by Him who witnesses the world-unnoticed

deeds of _all_ his soldiers, that I have earned the victor's crown? Let

it be your consolation, gentlemen, if hereafter you should discover that

you have sent me to an undeserved death, that you at least will not have

hurried a soul spotted with the awful crime of murder before its Maker.

And oh," he exclaimed in conclusion, with solemn earnestness, "may _all_

who have the guilt of blood upon them hasten, whilst life is still

granted them, to cleanse themselves by repentance of that foul sin, so

that not only the sacrifice of one poor life, but that most holy and

tremendous one offered in the world's consummate hour, may not for them

have been made in vain! My lord and gentlemen, I have no more to say. You

will doubtless do your duty: I _have_ done mine."

I was about, a few minutes after the conclusion of this strange and

unexpected address, to call our witnesses to character, when, to the

surprise of the whole court, and the consternation of the prisoner, Miss

Carrington started up, threw aside her veil, and addressing the judge,

demanded to be heard.

Queenly, graceful, and of touching loveliness did she look in her

vehemence of sorrow--radiant as sunlight in her days of joy she must have

been--as she stood up, affection-prompted, regardless of self, of the

world, to make one last effort to save her affianced husband.

"What would you say, young lady?" said Mr. Justice Grose, kindly. "If you

have anything to testify in favor of the prisoner, you had better

communicate with his counsel."

"Not that--not that," she hurriedly replied, as if fearful that her

strength would fail before she had enunciated her purpose. "Put, my lord,

put Frederick--the prisoner, I mean--on his oath. Bid him declare, as he

shall answer at the bar of Almighty God, who is the murderer for whom he

is about to madly sacrifice himself, and you will then find"--

"Your request is an absurd one," interrupted the judge with some

asperity. "I have no power to question a prisoner."

"Then," shrieked the unfortunate lady, sinking back fainting and helpless

in her father's arms, "he is lost--lost!"

She was immediately carried out of court; and as soon as the sensation

caused by so extraordinary and painful an incident had subsided, the

trial proceeded. A cloud of witnesses to character were called; the judge

summed up; the jury deliberated for a few minutes; and a verdict of

"guilty" was returned. Sentence to die on the day after the next

followed, and all was over!

Yes; all was, we deemed, over; but happily a decree, reversing that of

Mr. Justice Grose, had gone forth in Heaven. I was sitting at home about

an hour after the court had closed, painfully musing on the events of

the day, when the door of the apartment suddenly flew open, and in

rushed Mr. Sharpe in a state of great excitement, accompanied by

Sergeant Edwards, whom the reader will remember had called the previous

day at that gentleman's house. In a few minutes I was in possession of

the following important information, elicited by Mr. Sharpe from the

half-willing, half-reluctant sergeant, whom he had found waiting for him

at his office:--

In the first place, Captain Everett was _not_ the father of the prisoner!

The young man was the son of Mary Fitzhugh by her _first_ marriage; and

his name, consequently, was Mordaunt, not Everett. His mother had

survived her second marriage barely six months. Everett, calculating

doubtless upon the great pecuniary advantages which would be likely to

result to himself as the reputed father of the heir to a splendid English

estate, should the quarrel with Mrs. Eleanor Fitzhugh--as he nothing

doubted--be ultimately made up, had brought his deceased wife's infant

son up as his own. This was the secret of Edwards and his wife; and to

purchase their silence, Captain Everett had agreed to give the bond for

an annuity which Mr. Sharpe was to draw up. The story of the legacy was a

mere pretence. When Edwards was in Yorkshire before, Everett pacified

him for the time with a sum of money, and a promise to do more for him as

soon as his reputed son came into the property. He then hurried the

_cidevant_ sergeant back to London; and at the last interview he had

with him, gave him a note addressed to a person living in one of the

streets--I forget which--leading out of the Haymarket, together with a

five-pound note, which he was to pay the person to whom the letter was

addressed for some very rare and valuable powder, which the captain

wanted for scientific purposes, and which Edwards was to forward by coach

to Woodlands Manor-House. Edwards obeyed his instructions, and delivered

the message to the queer bushy-bearded foreigner to whom it was

addressed, who told him that, if he brought him the sum of money

mentioned in the note on the following day, he should have the article

required. He also bade him bring a well-stoppered bottle to put it in. As

the bottle was to be sent by coach, Edwards purchased a tin flask, as

affording a better security against breakage; and having obtained the

powder, packed it nicely up, and told his niece, who was staying with him

at the time, to direct it, as he was in a hurry to go out, to Squire

Everett, Woodlands Manor-House, Yorkshire, and then take it to the

booking-office. He thought, of course, though he said _Squire_ in a

jocular way, that she would have directed it _Captain_ Everett, as she

knew him well; but it seemed she had not. Edwards had returned to

Yorkshire only two days since, to get his annuity settled, and

fortunately was present in court at the trial of Frederick Mordaunt,

_alias_ Everett, and at once recognized the tin flask as the one he had

purchased and forwarded to Woodlands, where it must in due course have

arrived on the day stated by the butler. Terrified and bewildered at the

consequences of what he had done, or helped to do, Edwards hastened to

Mr. Sharpe, who, by dint of exhortations, threats, and promises,

judiciously blended, induced him to make a clean breast of it.

As much astounded as elated by this unlooked-for information, it was some

minutes before I could sufficiently concentrate my thoughts upon the

proper course to be pursued. I was not, however, long in deciding.

Leaving Mr. Sharpe to draw up an affidavit of the facts disclosed, I

hastened off to the jail, in order to obtain a thorough elucidation of

all the mysteries.

The revulsion of feeling in the prisoner's mind when he learned that the

man for whom he had so recklessly sacrificed himself was not only _not_

his father, but a cold-blooded villain, who, according to the testimony

of Sergeant Edwards, had embittered, perhaps shortened, his mother's last

hours, was immediate and excessive. "I should have taken Lucy's advice!"

he bitterly exclaimed, as he strode to and fro in his cell; "have told

the truth at all hazards, and have left the rest to God." His explanation

of the incidents that had so puzzled us all, was as simple as

satisfactory. He had always, from his earliest days, stood much in awe of

his father, who in the, to young Mordaunt, sacred character of parent,

exercised an irresistible control over him; and when the butler entered

the library, he believed for an instant it was his father who had

surprised him in the act of reading his correspondence; an act which,

however unintentional, would, he knew, excite Captain Everett's fiercest

wrath. Hence arose the dismay and confusion which the butler had

described. He re-sealed the parcel, and placed it in his reputed father's

dressing-room; and thought little more of the matter, till, on entering

his aunt's bedroom on the first evening of her illness, he beheld Everett

pour a small portion of white powder from the tin flask into the bottle

containing his aunt's medicine. The terrible truth at once flashed upon

him. A fierce altercation immediately ensued in the father's

dressing-room, whither Frederick followed him. Everett persisted that the

powder was a celebrated Eastern medicament, which would save, if anything

could, his aunt's life. The young man was not of course deceived by this

shallow falsehood, and from that moment administered the medicine to the

patient with his own hands, and kept the bottles which contained it

locked up in his cabinet. "On the very morning of my aunt's death, I

surprised him shutting and locking one of my cabinet drawers. So

dumbfounded was I with horror and dismay at the sight, that he left the

room by a side-door without observing me. You have now the key to my

conduct. I loathed to look upon the murderer; but I would have died a

thousand deaths rather than attempt to save my own life by the sacrifice

of a father's--how guilty soever he might be."

Furnished with this explanation, and the affidavit of Edwards, I waited

upon the judge, and obtained not only a respite for the prisoner, but a

warrant for the arrest of Captain Everett.

It was a busy evening. Edwards was despatched to London in the friendly

custody of an intelligent officer, to secure the person of the

foreign-looking vender of subtle poisons; and Mr. Sharpe, with two

constables, set off in a postchaise for Woodlands Manor-House. It was

late when they arrived there, and the servants informed them that Captain

Everett had already retired. They of course insisted upon seeing him; and

he presently appeared, wrapped in a dressing-gown, and haughtily demanded

their business with him at such an hour. The answer smote him as with a

thunderbolt, and he staggered backwards, till arrested by the wall of the

apartment, and then sank feebly, nervelessly, into a chair. Eagerly,

after a pause, he questioned the intruders upon the nature of the

evidence against him. Mr. Sharpe briefly replied that Edwards was in

custody, and had revealed everything.

"Is it indeed so?" rejoined Everett, seeming to derive resolution and

fortitude from the very extremity of despair. "Then the game is

unquestionably lost. It was, however, boldly and skilfully played, and I

am not a man to whimper over a fatal turn of the dice. In a few minutes,

gentlemen," he added, "I shall have changed my dress, and be ready to

accompany you."

"We cannot lose sight of you for an instant," replied Mr. Sharpe. "One of

the officers must accompany you."

"Be it so: I shall not detain either him or you long."

Captain Everett, followed by the officer, passed into his dressing-room.

He pulled off his gown; and pointing to a coat suspended on a peg at the

further extremity of the apartment, requested the constable to reach it

for him. The man hastened to comply with his wish. Swiftly, Everett

opened a dressing-case which stood on a table near him: the officer

heard the sharp clicking of a pistol-lock, and turned swiftly round. Too

late! A loud report rang through the house; the room was filled with

smoke; and the wretched assassin and suicide lay extended on the floor a

mangled corpse!

It would be useless minutely to recapitulate, the final winding-up of

this eventful drama. Suffice it to record, that Mr. Frederick Mordaunt

was, after a slight delay, restored to freedom and a splendid position in

society. After the lapse of a decent interval, he espoused Lucy

Carrington. Their eldest son represents in this present parliament one of

the English boroughs, and is by no means an undistinguished member of the

Commons House.

"THE ACCOMMODATION BILL."

Such of the incidents of the following narrative as did not fall within

my own personal observation, were communicated to me by the late Mr.

Ralph Symonds, and the dying confessions of James Hornby, one of the

persons killed by the falling in of the iron roof of the Brunswick

Theatre. A conversation the other day with a son of Mr. Symonds, who has

been long settled in London, recalled the entire chain of circumstances

to my memory with all the vivid distinctness of a first impression.

One evening towards the close of the year 1806, the Leeds coach brought

Mr. James Hornby to the village of Pool, on the Wharf, in the West-Riding

of Yorkshire. A small but respectable house on the confines of the place

had been prepared for his reception, and a few minutes after his descent

from the top of the coach, the pale, withered-looking man disappeared

within it. Except for occasional trips to Otley, a small market-town

distant about three miles from Pool, he rarely afterwards emerged from

its seclusion. It was not _Time_, we shall presently see--he was indeed

but four-and-forty years of age--that had bowed his figure, thinned his

whitening hair, and banished from his countenance all signs of healthy,

cheerful life. This, too, appeared to be the opinion of the gossips of

the village, who, congregated, as usual, to witness the arrival and

departure of the coach, indulged, thought Mr. Symonds, who was an inside

passenger proceeding on to Otley, in remarkably free-and-easy

commentaries upon the past, present, and future of the new-comer.

"I mind him well," quavered an old white-haired man. "It's just

three-and-twenty years ago last Michaelmas. I remember it because of the

hard frost two years before, that young Jim Hornby left Otley to go to

Lunnon: just the place, I'm told, to give the finishing polish to such a

miscreant as he seemed likely to be. He was just out of his time to old

Hornby, his uncle, the grocer."

"He that's left him such heaps of money?"

"Ay, boy, the very same, though he wouldn't have given him or any one

else a cheese-paring whilst he lived. This one is a true chip of the

old block, I'll warrant. You noticed that he rode outside, bitter cold

as it is?".

"Surely, Gaffer Hicks. But do ye mind what it was he went off in such a

skurry for? Tom Harris was saying last night at the Horse-Shoe, it was

something concerning a horse-race or a young woman; he warn't quite

sensible which."

"I can't say," rejoined the more ancient oracle, "that I quite mind all

the ups and downs of it. Henry Burton horse-whipped him on the Doncaster

race-course, _that_ I know; but whether it was about Cinderella that had,

they said, been tampered with the night before the race, or Miss

Elizabeth Grainsford, whom Burton married a few weeks afterwards, I

can't, as Tom Harris says, quite clearly remember."

"Old Hornby had a heavy grip of Burton's farm for a long time before he

died, they were saying yesterday at Otley. The sheepskins will now no

doubt be in the nephew's strong box."

"True, lad; and let's hope Master Burton will be regular with his

payments; for if not, there's Jail and Ruin for him written in capital

letters on yon fellow's cast-iron phiz, I can see."

The random hits of these Pool gossips, which were here interrupted by

the departure of the coach, were not very wide of the mark. James Hornby,

it was quite true, had been publicly horsewhipped twenty-three years

before by Henry Burton on the Doncaster race-course, ostensibly on

account of the sudden withdrawal of a horse that should have started, a

transaction with which young Hornby was in some measure mixed up; but

especially and really for having dared, upon the strength of presumptive

heirship to his uncle's wealth, to advance pretensions to the fair hand

of Elizabeth Gainsford, the eldest daughter of Mr. Robert Gainsford,

surgeon, of Otley--pretensions indirectly favored, it was said, by the

father, but contemptuously repudiated by the lady. Be this as it may,

three weeks after the races, Elizabeth Gainsford became Mrs. Burton, and

James Hornby hurried off to London, grudgingly furnished for the journey

by his uncle. He obtained a situation as shopman in one of the large

grocer establishments of the metropolis; and twenty-three years

afterwards, the attorney's letter, informing him that he had succeeded to

all his deceased uncle's property, found him in the same place, and in

the same capacity.

A perfect yell of delight broke from the lips of the taciturn man as his

glance devoured the welcome intelligence. "At last!" he shouted with

maniacal glee; and fiercely crumpling the letter in his hand, as if he

held a living foe in his grasp, whilst a flash of fiendish passion broke

from the deep caverns of his sunken eyes--"at last I have thee on the

hip! Ah, mine enemy!--it is the dead--the dead alone that never return

to hurl back on the head of the wrong-doer the shame, the misery, the

ruin he inflicted in his hour of triumph!" The violence of passions

suddenly unreined after years of jealous curb and watchfulness for a

moment overcame him, and he reeled as if fainting, into a chair. The

fierce, stern nature of the man soon mastered the unwonted excitement,

and in a few minutes he was cold, silent, impassable as ever. The letter

which he despatched the same evening gave calm, business orders as to

his uncle's funeral, and other pressing matters upon which the attorney

had demanded instructions, and concluded by intimating that he should be

in Yorkshire before many days elapsed. He arrived, as we have seen, and

took up his abode at one of the houses bequeathed to him in Pool, which

happened to be unlet.

Yes, for more than twenty bitter years James Hornby had savagely brooded

over the shame and wrong inflicted on him before the mocking eyes of a

brutal crowd by Henry Burton. Ever as the day's routine business closed,

and he retired to the dull solitude of his chamber, the last mind-picture

which faded on his waking sense was the scene on the crowded race-course,

with all its exasperating accessories--the merciless exultation of the

triumphant adversary--the jibes and laughter of his companions--the

hootings of the mob--to be again repeated with fantastic exaggeration in

the dreams which troubled and perplexed his broken sleep. No wonder that

the demons of Revenge and Hate, by whom he was thus goaded, should have

withered by their poisonous breath the healthful life which God had

given--have blasted with premature old age a body rocker with curses to

unblessed repose! It seemed, by his after-confessions, that he had really

loved Elizabeth Gainsford with all the energy of his violent, moody

nature, and that her image, fresh, lustrous, radiant, as in the dawn of

life, unceasingly haunted his imagination with visions of tenderness and

beauty, lost to him, as he believed, through the wiles, the calumnies,

and violence of his detested, successful rival.

The matronly person who, a few days after the Christmas following

Hornby's arrival at Pool, was conversing with her husband in the parlor

of Grange farmhouse, scarcely realized the air-drawn image which dwelt in

the memory of the unforgiving, unforgetting man. Mrs. Burton was at this

time a comely dame, whose _embonpoint_ contour, however indicative of

florid health and serenity of temper, exhibited little of the airy

elegance and grace said to have distinguished the girlhood of Elizabeth

Gainsford. Her soft brown eyes were gentle and kind as ever, but the

brilliant lights of youth no longer sparkled in their quiet depths, and

time had not only "thinned her flowing hair"--necessitating caps--but had

brushed the roses from her cheeks, and swept away, with his searing hand,

the pale lilies from the furtive coverts whence they had glanced in

tremulous beauty, in life's sweet prime; yet for all that, and a great

deal more, Mrs. Burton, I have no manner of doubt, looked charmingly in

the bright fire-blaze which gleamed in chequered light and shade upon the

walls, pictures, curtains of the room, and the green leaves and scarlet

berries of the Christmas holly with which it was profusely decorated.

Three of her children--the eldest, Elizabeth, a resuscitation of her own

youth--were by her side, and opposite sat her husband, whose frank,

hearty countenance seemed to sparkle with careless mirth.

"Hornby will be here presently, Elizabeth," said he. "What a

disappointment awaits the rascally curmudgeon! His uncle was a prince

compared to him."

"Disappointment, Henry! to receive four hundred pounds he did not

expect?"

"Ay, truly, dame. Lawyer Symonds' son Frank, a fine, good-hearted young

fellow as ever stepped in shoe-leather--Lizzy, girl, if that candle

were nearer your face it would light without a match"--

"Nonsense, father!"

"Very likely. Frank Symonds, I was saying, believes, and so does his

father, that Hornby would rejoice at an opportunity of returning with

interest the smart score I marked upon his back three-and-twenty

years ago"

"It was a thoughtless, cruel act, Henry," rejoined his wife, "and the

less said of it the better. I hope the fright we have had will induce you

to practice a better economy than heretofore; so that, instead of

allowing two years' interest to accumulate upon us, we may gradually

reduce the mortgage."

"That we will, dear, depend upon it. We shall be pushed a little at

first: Kirkshaw, who lent me the two hundred and fifty, can only spare it

for a month; but no doubt the bank will do a bill for part of it by that

time. But sufficient for the day is the evil thereof. Here is the money

for Hornby at all events: and here at last comes the shrivelled atomy; I

hear his horse. Fanny, light the candles."

If Mrs. Burton had consciously or unconsciously entertained the

self-flattering notion that the still unwedded bachelor who had

unsuccessfully wooed her nearly a quarter of a century before, still

retained a feeling of regretful tenderness for her, she must have been

grievously surprised by the cold, unrecognizing glance which Hornby

threw on her as he entered, and curtly replied to her civil greeting.

_That_ was not the image stamped upon his heart and brain! But when her

eldest daughter approached the lights to place paper and pens upon the

table, the flashing glance and white quivering lip of the grave visitor

revealed the tempest of emotion which for an instant shook him. He

quickly suppressed all outward manifestation of feeling, and in a dry,

business tone, demanded if Mr. Burton was ready to pay the interest of

the mortgage.

"Yes, thank God," replied Burton, "I am: here is the money in notes of

the Governor and Company of the Bank of England. Count them!"

Hornby bent down over the notes, shading his face with his hand, as if

more accurately to examine them, and the glance of baffled rage which

swept across his features was not observed.

"They are quite right," he said, rising from his chair; "and here is

your receipt."

"Very Good! And now, Hornby, let us have a glass of wine together for the

sake of old times. Well, well; you need not look so fierce about it. Let

bygones be bygones, I say. Oh, if you _will_ go--go in God's name!

Good-night!"

"Good-night!"

"Baffled--foiled!" muttered Hornby as he rode homeward. "Where could he

get the money? Borrowed it, doubtless, but of whom? Well,

patience--patience! I shall grip thee yet, Henry Burton!" And the

possessed man turned round in his saddle, and shook his clenched hand in

the direction of the house he had quitted. He then steadily pursued his

way, and soon regained his hermitage.

The month for which Burton had borrowed the two hundred and fifty pounds

passed rapidly--as months always do to borrowers--and expedient after

expedient for raising the money was tried in vain. This money must be

repaid, Kirkshaw had emphatically told him, on the day stipulated. Burton

applied to the bank at Leeds, with which he usually did business, to

discount an acceptance, guaranteed by one or two persons whose names he

mentioned. The answer was the usual civil refusal to accept the proffered

security for repayment--"the bank was just then full of discounts."

Burton ventured, as a last resource, to call on Hornby with a request

that, as the rapid advance in the market-value of land consequent on the

high war-prices obtained for its produce, had greatly increased the worth

of Grange Farm, he would add the required sum to the already-existing

mortgage. He was met by a prompt refusal. Mr. Hornby intended to

foreclose as speedily as possible the mortgages he already held, and

invest his capital in more profitable securities. "Well, then--would he

lend the amount at any interest he chose?"

"The usury laws," replied Hornby, with his usual saturnine sneer, "would

prevent my acceptance of your obliging offer, even if I had the present

means, which I have not. My spare cash happens just now to be temporarily

locked up."

Burton, half-crazed with anxiety, went the following day to the Leeds

bank with the proffer of a fresh name agreed to be lent him by its

owner. Useless! "They did not know the party." The applicant mused a

few moments, and then said, "Would you discount the note of Mr. James

Hornby of Pool?"

"Certainly; with a great deal of pleasure." Burton hurried away; had his

horse instantly saddled, and gallopped off to Pool. Hornby was at home.

"You hinted the other day," said Burton, "that if you had not been short

of present means you might have obliged me with the loan I required"

"Did I?"

"At least I so understood you. I am of course not ignorant, Mr. Hornby,

that there is no good blood between us two; but I also know that you are

fond of money, and that you are fully aware that I am quite safe for a

few hundred pounds. I am come, therefore, to offer you ten pounds _bonus_

for your acceptance at one month for two hundred and fifty pounds."

"What?" exclaimed Hornby with strange vehemence. "What"

Burton repeated his offer, and Hornby turned away towards the window

without speaking.

When he again faced Burton, his countenance wore its usual color; but

the expression of his eyes, the applicant afterwards remembered, was

wild and exulting.

"Have you a bill stamp?"

"Yes."

"Then draw the bill at once, and I will accept it."

Burton did not require to be twice told. The bill was quickly drawn;

Hornby took it to another table at the further end of the apartment,

slowly wrote his name across it, folded, and returned it to Burton, who

tendered the ten pounds he had offered, and a written acknowledgment that

the bill had been drawn and accepted for his (Burton's) accommodation.

"I don't want your money, Henry Burton," said Hornby, putting back the

note and the memorandum. "I am not afraid of losing by this transaction.

You do not know me yet."

"A queer stick," thought Burton, as he gained the street; "but Old Nick

is seldom so black as he's painted! He was a plaguy while, I thought,

signing his name; but I wish I could sign mine to such good purpose."

Burton laid the accepted bill, face downwards, on the bank counter, took

a pen, indorsed, and passed it to the managing clerk. The gray-headed man

glanced sharply at the signature, and then at Burton, "Why, surely this

is not Mr. Hornby's signature? It does not at all resemble it!"

"Not his signature!" exclaimed Burton; "what do you mean by that?"

"Reynolds, look here," continued the clerk, addressing another of the

bank _employés_. Reynolds looked, and his immediate glance of surprise

and horror at Burton revealed the impression he had formed.

"Please to step this way, Mr. Burton, to a private apartment," said

the manager.

"No--no, I won't," stammered the unfortunate man, over whose mind a

dreadful suspicion had glanced with the suddenness of lightning. "I will

go back to Hornby;" and he made a desperate but vain effort to snatch the

fatal instrument. Then, pale and staggering with a confused terror and

bewilderment, he attempted to rush into the street. He was stopped, with

the help of the bystanders, by one of the clerks, who had jumped over the

counter for the purpose.

The messenger despatched by the bankers to Hornby returned with an answer

that the alleged acceptance was a forgery. It was stated on the part of

Mr. Hornby that Mr. Burton had indeed requested him to lend two hundred

and fifty pounds, but he had refused. The frantic asseverations of poor

Burton were of course disregarded, and he was conveyed to jail. An

examination took place the next day before the magistrates, and the

result was, that the prisoner was fully committed on the then capital

charge for trial at the ensuing assize.

It were useless, as painful, to dwell upon the consternation and agony

which fell upon the dwellers at Grange Farm when the terrible news

reached them. A confident belief in the perfect innocence of the

prisoner, participated by most persons who knew his character and that of

Hornby, and that it would be triumphantly vindicated on the day of trial,

which rapidly approached, alone enabled them to bear up against the blow,

and to await with trembling hope the verdict of a jury.

It was at this crisis of the drama that I became an actor in it. I was

retained for the defence by my long-known and esteemed friend Symonds,

whose zeal for his client, stimulated by strong personal friendship, knew

no bounds. The acceptance, he informed me, so little resembled Hornby's

handwriting, that if Burton had unfolded the bill when given back to him

by the villain, he could hardly have failed to suspect the nature of the

diabolical snare set for his life.

In those days, and until Mr., now Sir, Robert Peel's amendment of the

criminal law and practice of this country, the acceptor of a bill of

exchange, on the principle that he was _interested_ in denying the

genuineness of the signature, could not, according to the English law of

evidence, be called, on the part of the prosecution, to prove the

forgery; and of course, after what had taken place, we did not propose to

call Hornby for the defence. The evidence for the crown consisted,

therefore, on the day of trial, of the testimony of persons acquainted

with Hornby's signature, that the acceptance across the inculpated bill

was not in his handwriting. Burton's behavior at the bank, in endeavoring

to repossess himself of the bill by violence, was of course detailed, and

told heavily against him.

All the time this testimony was being given, Hornby sat on one of the

front seats of the crowded court, exulting in the visible accomplishment

of his Satanic device. We could see but little of his face, which,

supported on his elbow, was partially concealed by a handkerchief he held

in his hand; but I, who narrowly observed him, could occasionally discern

flashes from under his pent brows--revealments of the fierce struggle

which raged within.

The moment at last arrived for the prisoner, whose eyes had been for some

time fixed on Hornby, to speak or read his defence, and a breathless

silence pervaded the court.

Burton started at the summons, like a man unexpectedly recalled to a

sense of an imperious, but for the moment forgotten, duty.

"James Hornby!" he suddenly cried with a voice which rang through the

assembly like a trumpet, "stand up, and if you can face an innocent

man"--

Hornby, surprised out of his self-possession, mechanically obeyed the

strange order, sprang involuntarily to his feet, let fall the

handkerchief that had partially concealed his features, and nervously

confronted the prisoner.

"Look at me, I say," continued Burton with increasing excitement; "and as

you hope to escape the terrors of the last judgment, answer truly: did

you not, with your own hand, and in my presence, sign that bill?"--

"This cannot be permitted," interrupted the judge.

"If you do not speak," proceeded the prisoner, heedless of the

intimation from the bench; "or if you deny the truth, my life, as sure

as there is a God in heaven, will be required at your hands. If, in

consequence of your devilish plotting, these men consign me to a felon's

grave, I shall not be cold in it when you will be calling upon the

mountains to fall and cover you from the vengeance of the Judge of

heaven and earth! Speak, man--save me: save your own soul from mortal

peril whilst there is yet time for mercy and repentance!"

Hornby's expression of surprise and confusion had gradually changed

during this appeal to its usual character of dogged impassibility. He

turned calmly and appealingly towards the bench.

"You need not answer these wild adjurations, Mr. Hornby," said the judge,

as soon as he could make himself heard.

A smile curled the fellow's lip as he bowed deferentially to his

lordship, and he sat down without uttering a syllable.

"May the Lord, then, have mercy on my soul!" exclaimed the prisoner

solemnly. Then glancing at the bench and jury-box, he added, "And you, my

lord and gentlemen, work your will with my body as quickly as you may: I

am a lost man!"

The calling of witnesses to character, the opening of the judge's charge,

pointing from its first sentence to a conviction, elicited no further

manifestation of feeling from the prisoner: he was as calm as despair.

The judge had been speaking for perhaps ten minutes, when a bustle was

heard at the hall, as if persons were striving to force their way into

the body of the court in spite of the resistance of the officers.

"Who is that disturbing the court?" demanded the judge angrily.

"For the love of Heaven let me pass!" we heard uttered in passionate

tones by a female voice. "I must and will see the judge!"

"Who can this be?" T inquired, addressing Mr. Symonds.

"I cannot conceive," he replied; "surely not Mrs. Burton?"

I had kept my eye, as I spoke, upon Hornby, and noticed that he exhibited

extraordinary emotion at the sound of the voice, to whomsoever it

belonged, and was now endeavoring to force his way through the crowded

and anxious auditory.

"My lord," said I, "I have to request on the part of the prisoner that

the person desirous of admittance may be heard."

"What has she to say? Or if a material witness, why have you not called

her at the proper time?" replied his lordship with some irritation.

"My lord, I do not even now know her name; but in a case involving the

life of the prisoner, it is imperative that no chance be neglected"--

"Let the woman pass into the witness-box," interrupted the judge.

The order brought before our eyes a pale, stunted woman, of about fifty

years of age, whose excited and by no means unintellectual features, and

hurried, earnest manner, seemed to betoken great and unusual feeling.

"As I'm alive, Hornby's deformed housekeeper!" whispered Symonds. "This

poor devil's knot will be unraveled yet."

The woman, whose countenance and demeanor, as she gave her evidence,

exhibited a serious, almost solemn intelligence, deposed to the

following effect:--

"Her name was Mary McGrath, and she was the daughter of Irish parents,

but born and brought up in England. She had been Mr. Hornby's

housekeeper, and remembered well the 4th of February last, when Mr.

Burton, the prisoner, called at the house. Witness was dusting in an

apartment close to her master's business-room, from which it was only

separated by a thin wooden partition. The door was partly open, and she

could see as well as hear what was going on without being seen herself.

She heard the conversation between the prisoner and her master; heard

Mr. Hornby agree to sign the paper--bill she ought to say--for two

hundred and fifty pounds; saw him do it, and then deliver it folded up

to Mr. Burton."

A shout of execration burst from the auditory as these words were

uttered, and every eye was turned to the spot where Hornby had been

seated. He had disappeared during the previous confusion.

"Silence!" exclaimed the judge sternly. "Why, woman," he added, "have you

never spoken of this before?"

"Because, my lord," replied the witness with downcast looks, and in a

low, broken voice--"because I am a sinful, wicked creature. When my

master, the day after Mr. Burton had been taken up, discovered that I

knew his secret, he bribed me with money and great promises of more to

silence. I had been nearly all my life, gentlemen, poor and miserable,

almost an outcast, and the temptation was too strong for me. He

mistrusted me, however--for my mind, he saw, was sore troubled--and he

sent me off to London yesterday, to be out of the way till all was over.

The coach stopped at Leeds, and, as it was heavy upon me, I thought,

especially as it was the blessed Easter-time, that I would step to the

chapel. His holy name be praised that I did! The scales seemed to fall

from my eyes, and I saw clearer than I had before the terrible wickedness

I was committing. I told all to the priest, and he has brought me here to

make what amends I can for the sin and cruelty of which I have been

guilty. There--there is all that is left of the wages of crime," she

added, throwing a purse of money on the floor of the court; and then

bursting into a flood of tears, she exclaimed with passionate

earnestness, "for which may the Almighty of his infinite mercy pardon and

absolve me!"

"Amen!" responded the deep husky voice of the prisoner, snatched back, as

it were, from the very verge of the grave to liberty and life. "Amen,

with all my soul!"

The counsel for the crown, cross-examined the witness, but his efforts

only brought out her evidence in, if possible, a still clearer and more

trustworthy light. Not a thought of doubt was entertained by any person

in the court, and the jury, with the alacrity of men relieved of a

grievous burthen, and without troubling the judge to resume his

interrupted charge, returned a verdict of acquittal.

The return of Burton to his home figured as an ovation in the Pool and

Otley annals. The greetings which met him on all sides were boisterous

and hearty, as English greetings usually are; and it was with some

difficulty the rustic constabulary could muster a sufficient force to

save Hornby's domicile from sack and destruction. All the windows were,

however, smashed, and that the mob felt was something at all events.

Burton profited by the painful ordeal to which he had, primarily through

his own thoughtlessness, been exposed, and came in a few years to be

regarded as one of the most prosperous yeomen-farmers of Yorkshire. Mr.

Frank Symonds' union with Elizabeth Burton was in due time solemnized;

Mr. Wilberforce, the then popular member for the West Riding, I remember

hearing, stood sponsor to their eldest born; and Mary McGrath passed the

remainder of her life in the service of the family her testimony had

saved from disgrace and ruin.

Mr. James Hornby disappeared from Yorkshire immediately after the trial,

and, except through his business agents, was not again heard of till the

catastrophe at the Brunswick Theatre, where he perished. He died

penitent, after expressing to Mr. Frank Symonds, for whom he had sent,

his deep sorrow for the evil deed he had planned, and, but for a

merciful interposition, would have accomplished. As a proof of the

sincerity of his repentance, he bequeathed the bulk of his property to

Mrs. Symonds, the daughter of the man he had pursued with such savage

and relentless hate!

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