CHAPTER XXXVI. THE PERIL AVERTED

If I have dwelt with unnecessary prolixity on this dark portion of my

story, it is because the only lesson my life teaches has lain in similar

passages. The train of evils which flows from one misdirection in early

life,--the misfortunes which ensue from a single false and inconsiderate

step,--frequently darken the whole subsequent career. This I now thought

over in the solitude of my cell. However I could acquit myself of the

crime laid to my charge, I could not so easily absolve my heart of the

early folly which made me suppose that the regeneration of a land should

be accomplished by the efforts of a sanguinary and bigoted rabble. To

this error could I trace every false step I made in life,--to this cause

attribute the long struggle I endured between my love of liberty and my

detestation of mob rule; and yet how many years did it cost me to learn,

that to alleviate the burdens of the oppressed may demand a greater

exercise of tyranny than ever their rulers practised towards them. Like

many others, I looked to France as the land of freedom; but where was

despotism so unbounded! where the sway of one great mind so unlimited!

They had bartered liberty for equality, and because the pressure was

equal on all, they deemed themselves free; while the privileges of class

with us suggested the sense of bondage to the poor man, whose actual

freedom was yet unencumbered.

Of all the daydreams of my boyhood, the ambition of military glory

alone survived; and that lived on amid the dreary solitude of my prison,

comforting many a lonely hour by memories of the past. The glittering

ranks of the mounted squadrons; the deep-toned thunder of the artillery;

the solid masses of the infantry, immovable beneath the rush of

cavalry,--were pictures I could dwell on for hours and days, and my

dearest wish could point to no higher destiny than to be once more a

soldier in the ranks of France.

During all this time my mind seldom reverted to the circumstances of

my imprisonment, nor did I feel the anxiety for the result my position

might well have suggested. The conscious sense of my innocence kept the

flame of hope alive, without suffering it either to flicker or vary. It

burned like a steady fire within me, and made even the dark cells of a

jail a place of repose and tranquillity. And thus time rolled on: the

hours of pleasure and happiness to thousands, too short and flitting for

the enjoyments they brought. They went by also to the prisoner, as to

one who waits on the bank of the stream, nor knows what fortune may

await him on his voyage.

A stubborn feeling of conscious right had prevented my taking even the

ordinary steps for my defence, and the day of trial was now drawing nigh

without any preparation on my part. I was ignorant how essential the

habits and skill of an advocate are in the conduct of every case,

however simple; and implicitly relied on my guiltlessness, as though men

can read the heart of a prisoner and know its workings. M'Dougall, the

only member of the bar I knew even by name, had accepted a judicial

appointment in India, and was already on his way thither, so that I had

neither friend nor adviser in my difficulty. Were it otherwise, I felt I

could scarcely have bent my pride to that detail of petty circumstances

which an advocate might deem essential to my vindication; and was

actually glad to think that I should owe the assertion of my innocence

to nothing less than the pure fact.

When November at length arrived, I learned that the trial had been

deferred to the following February; and so listless and indifferent had

imprisonment made me, that I heard the intelligence without impatience

or regret. The publicity of a court of justice, its exposure to the gaze

and observation of the crowd who throng there, were subjects of more

shrinking dread to my heart than the weight of an accusation which,

though false, might peril my life; and for the first time I rejoiced

that I was friendless. Yes! it brought balm and comfort to me to think

that none would need to blush at my relationship nor weep over my fate.

Sorrow has surely eaten deeply into our natures, when we derive pleasure

and peace from what in happier circumstances are the sources of regret.

Let me now hasten on. My reader will readily forgive me if I pass with

rapid steps over a portion of my story, the memory of which has not yet

lost its bitterness. The day at last came; and amid all the ceremonies

of a prison I was marched from my cell to the dock. How strange the

sudden revolution of feeling,--from the solitude and silence of a jail

to the crowded court, teeming with looks of eager curiosity, dread, or

perhaps compassion, all turned towards him, who himself, half forgetful

of his condition, gazes on the great mass in equal astonishment and

surprise!

My thoughts at once recurred to a former moment of my life, when I stood

accused among the Chouan prisoners before the tribunal of Paris. But

though the proceedings were less marked by excitement and passion, the

stern gravity of the English procedure was far more appalling; and in

the absence of all which could stir the spirit to any effort of its own,

it pressed with a more solemn dread on the mind of the prisoner.

I have said I would not linger over this part of my life. I could not

do so if I would. Real events, and the impressions they made upon

me,--facts, and the passing emotions of my mind,--are strangely confused

and commingled in my memory; and although certain minute and trivial

things are graven in my recollection, others of moment have escaped me

unrecorded.

The usual ceremonial went forward: the jury were impanelled, and the

clerk of the Crown read aloud the indictment, to which my plea of “Not

guilty” was at once recorded; then the judge asked if I were provided

with counsel, and hearing that I was not, appointed a junior barrister

to act for me, and the trial began.

I was not the first person who, accused of a crime of which he felt

innocent, yet was so overwhelmed by the statements of imputed guilt,--so

confused by the inextricable web of truth and falsehood, artfully

entangled.--that he actually doubted his own convictions when opposed to

views so strongly at variance with them.

The first emotion of the prisoner is a feeling of surprise to discover,

that one utterly a stranger--the lawyer he has perhaps never seen, whose

name he never so much as heard of--is perfectly conversant with his

own history, and as it were by intuition seems acquainted with his

very thoughts and motives. Tracing out not only a line of acting but

of devising, he conceives a story of which the accused is the hero, and

invests his narrative with all the appliances to belief which result

from time and place and circumstance. No wonder that the very accusation

should strike terror into the soul; no wonder that the statement of

guilt should cause heart-sinking to him who, conscious that all is not

untrue, may feel that his actions can be viewed in another and very

different light to that which conscience sheds over them.

Such, so far as I remember, was the channel of my thoughts. At first

mere astonishment at the accuracy of detail regarding my name, age,

and condition in life, was uppermost; and then succeeded a sense of

indignant anger at the charges laid against me; which yielded gradually

to a feeling of confusion as the advocate continued; which again merged

into a sort of dubious fear as I heard many trivial facts repeated,

some of which my refreshed memory acknowledged as true, but of which

my puzzled brain could not detect the inapplicability to sustain the

accusation,--all ending in a chaos of bewilderment, where conscience

itself was lost, and nothing left to guide or direct the reason.

The counsel informed the jury that, although they were not placed in the

box to try me on any charge of a political offence, they must bear in

mind, that the murderous assault of which I was accused was merely part

of a system organized to overthrow the Government; that, young as I then

was, I was in intimate connection with the disaffected party which the

mistaken leniency of the Crown had not thoroughly eradicated on the

termination of the late rebellion, my constant companion being one whose

crimes were already undergoing their but too merciful punishment in

transportation for life; that, to tamper with the military, I had

succeeded in introducing myself into the barrack, where I obtained the

confidence of a weak-minded but good-natured officer of the regiment.

“These schemes,” continued he, “were but partially successful. My

distinguished client was then an officer of the corps; and with that

ever-watchful loyalty which has distinguished him, he determined to keep

a vigilant eye on this intruder, who, from circumstances of youth and

apparent innocence, already had won upon the confidence of the majority

of the regiment. Nor was this impression a false one. An event,

apparently little likely to unveil a treasonable intention, soon

unmasked the true character of the prisoner and the nature of his

mission.”

He then proceeded to narrate with circumstantial accuracy the night in

the George's Street barracks, when Hilliard, Crofts, and some others

came with Bubbleton to his quarters to decide a wager between two of the

parties. Calling the attention of the jury to this part of the case, he

detailed the scene which occurred; and, if I could trust my memory, not

a phrase, not a word escaped him which had been said.

“It was then, gentlemen,” said he, “at that instant, that the prisoner's

habitual caution failed him, and in an unguarded moment developed the

full story of his guilt. Captain Bubbleton lost his wager, of which my

client was the winner. The habits of the service are peremptory in these

matters; it was necessary that payment should be made at once. Bubbleton

had not the means of discharging his debt, and while he looked around

among his comrades for assistance, the prisoner steps forward and

supplies the sum. Mark what followed.

“A sudden call of service now summoned the officers beneath; all save

Crofts, who, not being on duty, had no necessity for accompanying them.

The bank-note so opportunely furnished by the prisoner lay on the table;

and this Crofts proceeded leisurely to open and examine before he left

the room. Slowly unfolding the paper, he spread it out before him; and

what, think you, gentlemen, did the paper display? A Bank of England

bill for twenty pounds, you'll say, of course. Far from it, indeed! The

paper was a French assignat, bearing the words, 'Payez au porteur la

somme de deux mille livres.' Yes; the sum so carelessly thrown on the

table by this youth was an order for eighty pounds, issued by the French

Government.

“Remember the period, gentlemen, when this occurred. We had just

passed the threshold of a most fearful and sanguinary rebellion,--the

tranquillity of the land scarce restored after a convulsion that shook

the very constitution and the throne to their centres. The interference

of France in the affairs of the country had not been a mere threat; her

ships had sailed, her armies had landed, and though the bravery and the

loyalty of our troops had made the expedition result in utter defeat

and overthrow, the emissaries of the land of anarchy yet lingered on our

shores, and disseminated that treason in secret which openly they dared

not proclaim. If they were sparing of their blood, they were lavish

of their gold; what they failed in courage they supplied in assignats.

Large promises of gain, rich offers of booty, were rife throughout the

land; and wherever disaffection lurked or rebellion lingered, the enemy

of England found congenial allies. Nothing too base, nothing too

low, for this confederacy of crime; neither was anything too lowly in

condition or too humble in efficiency. Treason cannot choose its agents;

it must take the tools which chance and circumstances offer: they may

be the refuse of mankind, but if inefficient for good, they are not the

less active for evil. Such a one was the youth who now stands a prisoner

before you, and here was the price of his disloyalty.”

At these words he held up triumphantly the French assignat, and waved it

before the eyes of the court. However little the circumstances weighed

within me, such was the impression manifestly produced upon the jury by

this piece of corroborative evidence, that a thrill of anxiety for the

result ran suddenly through me.

Until that moment I believed Darby had repossessed himself of the

assignat when Crofts lay insensible on the ground; at least I remembered

well that he stooped over him and appeared to take something from him.

While I was puzzling my mind on this point, I did not remark that

the lawyer was proceeding to impress on the jury the full force of

conviction such a circumstance implied.

The offer I had made to Crofts to barter the assignat for an English

note; my urgent entreaty to have it restored to me; the arguments I had

employed to persuade him that no suspicion could attach to my possession

of it,--were all narrated with so little of exaggeration that I was

actually unable to say what assertion I could object to, while I was

conscious that the inferences sought to be drawn from them were false

and unjust.

Having displayed with consummate skill the critical position this paper

had involved me in, he took the opportunity of contrasting the anxiety I

evinced for my escape from my difficulty, with the temperate conduct

of my antagonist, whose loyalty left him no other course than to retain

possession of the note, and inquire into the circumstances by which it

reached my hands.

Irritated by the steady determination of Crofts, it was said that I

endeavored by opprobrious epithets and insulting language to provoke

a quarrel, which a sense of my inferiority as an antagonist rendered a

thing impossible to be thought of. Baffled in every way, I was said to

have rushed from the room, double-locking it on the outside, and hurried

down the stairs and out of the barrack; not to escape, however, but with

a purpose very different,--to return in a few moments accompanied by

three fellows, whom I passed with the guard as men wishing to recruit.

To ascend the stairs, unlock the door, and fall on the imprisoned

officer, was the work of an instant. His defence, although courageous

and resolute, was but brief. His sword being broken, he was felled by a

blow of a bludgeon, and thus believed dead. The ruffians ransacked his

pockets, and departed.

The same countersign which admitted, passed them out as they went; and

when morning broke the wounded man was found weltering in his blood,

but with life still remaining, and strength enough to recount what had

occurred. By a mere accident, it was stated, the French bank-note had

not been consigned to his pocket, but fell during the struggle, and was

discovered the next day on the floor.

These were the leading features of an accusation, which, however

improbable while thus briefly and boldly narrated, hung together with a

wonderful coherence in the speech of the lawyer, supported as they were

by the number of small circumstances corroboratory of certain immaterial

portions of the story. Thus, the political opinions I professed; the

doubtful--nay, equivocal--position I occupied; the intercourse with

France or Frenchmen, as proved by the _billet de banque_; my sudden

disappearance after the event, and my escape thither, where I continued

to live until, as it was alleged, I believed that years had eradicated

all trace of, if not my crime, myself,--such were the statements

displayed with all the specious inferences of habitual plausibility, and

to confirm which by evidence Sir Montague Crofts was called to give his

testimony.

There was a murmur of expectancy through the court as this well-known

individual's name was pronounced; and in a few moments the throng around

the inner bar opened, and a tall figure appeared upon the witness table.

The same instant that I caught sight of his features he had turned his

glance on me, and we stood for some seconds confronting each other.

Mutual defiance seemed the gage between us; and I saw, with a thrill

of savage pleasure, that after a minute or so his cheek flushed, and he

averted his face and appeared ill at ease and uncomfortable.

To the first questions of the lawyer he answered with evident

constraint, and in a low, subdued voice; but soon recovering his

self-possession, gave his testimony freely and boldly, corroborating by

his words all the statements of his advocate. By both the court and

the jury he was heard with attention and deference; and when he took

a passing occasion to allude to his loyalty and attachment to the

constitution, the senior judge interrupted him by saying,--

“On that point, Sir Montague, no second opinion can exist. Your

character for unimpeachable honor is well known to the court.”

The examination was brief, lasting scarcely half an hour; and when the

young lawyer came forward to put some questions as cross-examination,

his want of instruction and ignorance were at once seen, and the witness

was dismissed almost immediately.

Sir Montague's advocate declined calling any other witness. The regiment

to which his client then belonged was on foreign service; but he felt

satisfied that the case required nothing in addition to the evidence the

jury had heard.

A few moments of deliberation ensued among the members of the bench; and

then the senior judge called on my lawyer to proceed with the defence.

The young barrister rose with diffidence, and expressed in few words his

inability to rebut the statements that had been made by any evidence in

his power to produce. “The prisoner, my lord,” said he, “has confided

nothing to me of his case. I am ignorant of everything, save what has

taken place in open court.”

“It is true, my lord,” said I, interrupting. “The facts of this unhappy

circumstance are known but to three individuals. You have already heard

the version which one of them has given; you shall now hear mine. The

third, whose testimony might incline the balance in my favor, is, I am

told, no longer in this country; and I have only to discharge the debt

I feel due to myself and to my own honor, by narrating the real

occurrence, and leave the issue in your hands, to deal with as your

consciences may dictate.”

With the steadiness of purpose truth inspires, and in few words, I

narrated the whole of my adventure with Crofts, down to the moment of

Darby's sudden appearance. I told of what passed between us; and how

the altercation, that began in angry words, terminated in a personal

struggle, where, as the weaker, I was overcome, and lay beneath the

weapon of my antagonist, by which already I had received a severe and

dangerous wound.

“I should hesitate here, my lords,” said I, “before I spoke of one who

then came to my aid, if I did not know that he is already removed by

a heavy sentence, both from the penalty his gallant conduct might call

down on him, and the enmity which the prosecutor would as certainly

pursue him with. But he is beyond the reach of either, and I may speak

of him freely.”

I then told of Darby's appearance that night in the barrack, disguised

as a ballad-singer; how in this capacity he passed the sentry, and was

present in the room when the officers entered to decide the wager; that

he had quitted it soon after their arrival, and only returned on hearing

the noise of the scuffle between Crofts and myself. The struggle itself

I remembered but imperfectly, but so far as my memory bore me out,

recapitulated to the court.

“I will relate, my lords,” said I, “the few events which followed,--not

that they can in any wise corroborate the plain statement I have made,

nor indeed that they bear, save remotely, on the events mentioned; but

I will do so in the hope,--a faint hope it is,--that in this court there

might be found some one person who could add his testimony to mine, and

say, 'This is true; to that I can myself bear witness.'”

With this brief preface, I told how Darby had brought me to a house in

an obscure street, in which a man, apparently dying, was stretched upon

a miserable bed; that while my wound was being dressed, a car came to

the door with the intention of conveying the sick man away somewhere.

This, however, was deemed impossible, so near did his last hour appear;

and in his place I was taken off, and placed on board the vessel bound

for France.

“Of my career in that country it is needless that I should speak; it

can neither throw light upon the events which preceded it, nor have

any interest for the court My commission as a captain of the Imperial

Hussars may, however, testify the position that I occupied; while the

certificate of the minister of war on the back will show that I quitted

the service voluntarily, and with honor.”

“The court would advise you, sir,” said the judge, “not to advert to

circumstances which, while they contribute nothing to your exculpation,

may have a very serious effect on the minds of the jury against you.

Have you any witnesses to call?”

“None, my lord.”

A pause of some minutes ensued, when the only sounds in the court were

the whispering tones of Crofts's voice, as he said something into his

counsel's ear. The lawyer rose.

“My task, my lords,” said he, “is a short one. Indeed, in all

probability, I need not trouble either your lordships or the jury

with an additional word on a case where the evidence so conclusively

establishes the guilt of the accused, and where attempt to contradict

it has been so abortive. Never, perhaps, was a story narrated within

the walls of a court so full of improbable--might I not almost say

impossible--events, as that of the prisoner.”

He then recapitulated, with rapid but accurate detail, the principal

circumstances of my story, bestowing some brief comment on each as he

went. He sneered at the account of the struggle, and turned the whole

description of the contest with Crofts into ridicule,--calling on the

jury to bestow a glance on the manly strength and vigorous proportions

of his client, and then remember the age of his antagonist,--a boy of

fourteen.

“I forgot, gentlemen (I ask your pardon), he confesses to one

ally,--this famous piper. I really did hope that was a name we had done

with forever. I indulged the dream, that among the memories of an

awful period this was never to recur; but unhappily the expectation was

delusive. The fellow is brought once more before us; and perhaps, for

the first time in his long life of iniquity, charged with a crime he did

not commit.” In a few sentences he explained that a large reward was at

that very moment offered for the apprehension of Darby, who never would

have ventured under any disguise to approach the capital, much less

trust himself within the walls of a barrack.

“The tissue of wild and inconsistent events which the prisoner has

detailed as following the assault, deserves no attention at my hands.

Where was this house? What was the street? Who was this doctor of which

he speaks? And the sick man, how was he called?”

“I remember his name well; it is the only one I remember among all I

heard,” said I, from the dock.

“Let us hear it, then,” said the lawyer, half contemptuously.

“Daniel Fortescue was the name he was called by.”

Scarcely was the name uttered by me, when Crofts leaned back in his seat

and became pale as death; while, stretching out his hand, he took hold

of the lawyer's gown and drew him towards him. For a second or two he

continued to speak with rapid utterance in the advocate's ear; and then

covering his face with his handkerchief, leaned his head on the rail

before him.

“It is necessary, my lords,” said the lawyer, “that I should explain the

reason of my client's emotion, and at the same time unveil the baseness

which has dictated this last effort of the prisoner, if not to injure

the reputation, to wound the feelings, of my client. The individual

whose name has been mentioned was the half brother of my client; and

whose unhappy connection with the disastrous events of the year '98

involved him in a series of calamities which ended in his death,

which took place in the year 1800, but some months earlier than the

circumstance which we now are investigating. The introduction of this

unhappy man's name was, then, a malignant effort of the prisoner to

insult the feelings of my client, on which your lordships and the jury

will place its true value.”

A murmur of disapprobation ran through the crowded court as these words

were spoken; but whether directed against me or against the comment of

the lawyer I could not determine; nor, such was the confusion I then

felt, could I follow the remainder of the advocate's address with

anything like clearness. At last he concluded; and the chief justice,

after a whispered conversation with his brethren of the bench, thus

began:--

“Gentlemen of the jury, the case which you have this day to try, to my

mind presents but one feature of doubt and difficulty. The great fact

for your consideration is, to determine to which of two opposite and

conflicting testimonies you will accord your credence. On the one side

you have the story of the prosecutor, a man of position and character,

high in the confidence of honorable men, and invested with all the

attributes of rank and station; on the other, you have a narrative

strongly coherent in some parts, equally difficult to account for in

others, given by the prisoner, whose life, even by his own showing, has

none of those recommendations to your good opinions which are based

on loyalty and attachment to the constitution of these realms. Both

testimonies are unsupported by any collateral evidence. The prosecutor's

regiment is in India, and the only witnesses he could adduce are many

thousand miles off. The prisoner appeals also to the absent, but with

less of reason; for if we could call this man, M'Keown, before us,--if,

I say, we had this same Darby M'Keown in court--”

A tremendous uproar in the hall without drowned the remainder of the

sentence; and although the crier loudly proclaimed silence, and

the bench twice interposed its authority to enforce it, the tumult

continued, and eventually extended within the court itself, where all

semblance of respect seemed suddenly annihilated.

“If this continues one moment longer,” exclaimed the chief justice, “I

will commit to Newgate the very first disorderly person I can discover.”

The threat, however, did but partially calm the disturbance, which, in

a confused murmur, prevailed from the benches of the counsel to the very

galleries of the court.

“What means this?” said the judge, in a voice of anger. “Who is it that

dares to interfere with the administration of justice here?”

“A witness,--a witness, my lord,” called out several voices from the

passage of the court; while a crowd pushed violently forward, and came

struggling onwards till the leading figures were pressed over the inner

bar.

Again the judge repeated his question, while he made a signal for the

officer of the court to approach him.

“'Tis me, my lord,” shouted a deep-toned voice from the middle of

the crowd. “Your lordship was asking for Darby M'Keown, and it isn't

himself's ashamed of the name!”

A perfect yell of approval broke from the ragged mob, which now filled

every avenue and passage of the court, and even jammed up the stairs

and the entrance halls. And now, raised upon the shoulders of the crowd,

Darby appeared, borne aloft in triumph; his broad and daring face,

bronzed with sun and weather, glowed with a look of reckless effrontery,

which no awe of the court nor any fear for himself was able to repress.

Of my own sensations while this scene was enacting I need not speak;

and as I gazed at the weather-beaten features of the hardy piper, it

demanded every effort of my reason to believe in the testimony of my

eyesight. Had he come back from death itself the surprise would scarcely

have been greater. Meanwhile the tumult was allayed; and the lawyers on

either side--for, now that a glimmer of hope appeared, my advocate had

entered with spirit on his duties--were discussing the admissibility

of evidence at the present stage of the proceedings. This point being

speedily established in my favor, another and a graver question arose:

how far the testimony of a convicted felon--for such the lawyer at once

called Darby--could be received as evidence.

Cases were quoted and authorities shown to prove that such cannot be

heard as witnesses,--that they are among those whom the law pronounces

infamous and unworthy of credit; and while the lawyer continued to pour

forth on this topic a perfect ocean of arguments, he was interrupted by

the court, who affirmed the opinion, and concurred in his view of the

case.

“It only remains, then, my lord,” said my counsel, “for the Crown to

establish the identity of the individual--”

“Nothing easier,” interposed the other.

“I beg pardon; I was about to add,--and produce the record of his

conviction.”

This last seemed a felling blow; for although the old lawyer never

evinced here or at any other time the slightest appearance of

discomfiture at any opposition, I could see by the puckering of the

deep lines around his mouth that he felt vexed and annoyed by this new

suggestion.

An eager and animated discussion ensued, in which my advocate was

assisted by the advice of some senior counsel; and again the point was

ruled in my favor, and Darby M'Keown was desired to mount the table.

It required all the efforts of the various officers of the court to

repress another outbreak of mob enthusiasm at the decision; for already

the trial had assumed a feature perfectly distinct from any common

infraction of the law. Its political bearing had long since imparted

a character of party warfare to the whole proceeding; and while Sir

Montague Crofts found his well-wishers among the better dressed and more

respectable persons present, a much more numerous body of supporters

claimed me as their own, and in defiance of all the usages and solemnity

of the place, did not scruple to bestow on me looks and even words of

encouragement at every stage of the trial. Darby's appearance was the

climax of this popular enthusiasm. There were few who had not seen,

or at least heard of, the celebrated piper in times past. His daring

infraction of the law; his reputed skill in evading detection; his

acquaintance with every clew and circumstance of the late rebellion; the

confidence he enjoyed among all the leaders--had made him a hero in a

land where such qualities are certain of obtaining their due estimation.

And now, the reckless effrontery of his presence as a witness in a court

of justice while the sentence of transportation still hung over him, was

a claim to admiration none refused to acknowledge.

His air and demeanor as he took his seat on the table seemed an

acknowledgment of the homage rendered him: for though, as he placed his

worn and ragged hat beside his feet, and stroked down his short black

hair on his forehead, a careless observer might have suspected him

of feeling awed and abashed by the presence in which he sat, one more

conversant with his countrymen would have detected in the quiet leer of

his roguish black eye, and a certain protrusion of his thick under lip,

that Darby was as perfectly at his ease there as the eminent judge was

who now fixed his eyes upon him. A short, but not disrespectful nod was

the only notice he bestowed on me; and then concealing his joined hands

within his sleeves, and drawing his legs back beneath the chair, he

assumed that attitude of mock humility your least bashful Irishman is so

commonly fond of.

The veteran barrister was meanwhile surveying the witness with the

peculiar scrutiny of his caste: he looked at him through his spectacles,

and then he stared at him above them; he measured him from head to foot,

his eye dwelling on every little circumstance of his dress or demeanor,

as though to catch some clew to his habits of thinking or acting.

Never did a matador survey the brawny animal with which he was about

to contend in skill or strength with more critical acumen than did the

lawyer regard Darby the Blast. Nor was the object of this examination

unaware of it; very far from this, indeed. He seemed pleased by the

degree of attention bestowed on him, and felt all the flattery

such notice conveyed; but while doing so, you could only detect his

satisfaction in an occasional sidelong look of drollery, which, brief

and fleeting as it was, had still a numerous body of admirers through

the court, whose muttered expressions of “Divil fear ye, Darby! but

ye 're up to them any day;” or “Faix! 't is himself cares little about

them!” showed they had no lack of confidence in the piper.

[Illustration: BrownDarbyInTheChair294]

“Your name is M'Keown, sir?” said the lawyer, with that abruptness

which so often succeeds in oversetting the balance of a witness's

self-possession. “Yes, sir; Darby M'Keown.” “Did you ever go by any

other than this?” “They do call me 'Darby the Blast' betimes, av that 'a

a name.”

“Is that the only other name you have been called by?” “I misremember

rightly, it's so long since I was among friends and acquaintances; but

if yer honor would remind me a little, maybe I could tell.” “Well, were

you ever called 'Larry the Flail?'” “Faix, I was,” replied he, laughing;

“divil a doubt of it.”

“How did you come by the name of 'Larry the Flail'?”

“They gave me the name up at Mulhuldad there, for bating one M'Clancy

with a flail.”

“A very good reason. So you got the name because you beat a certain

M'Clancy with a flail?”

“I didn't say that; I only said they gave me the name because they said

I bate him.”

“Were you ever called 'Fire-the-Haggard'?”

“I was, often.”

“For no reason, of course?”

“Divil a may son. The boys said it in sport, just as they talk of yer

honor out there in the hall.”

“How do you mean,--talk of me?”

“Sure I heard them say myself, as I was coming in, that you wor a clever

man and a 'cute lawyer. They do be always humbugging that way.”

A titter ran round the benches of the barristers at this speech, which

was delivered with a naïve simplicity that would deceive many.

“You were a United Irishman, Mr. M'Keown, I believe?” rejoined the

counsel, with a frown of stern intimidation.

“Yes, sir; and a White Boy, and a Defender, and a Thrasher besides. I

was in all the fun them times.”

“The Thrashers are the fellows, I believe, who must beat any man they

are appointed to attack; isn't that so?”

“Yes, sir.”

“So that, if I was mentioned to you as a person to be assaulted,

although I had never done you any injury, you 'd not hesitate to waylay

me?”

“No, sir, I wouldn't do that. I'd not touch yer honor.”

“Come, come; what do you mean? Why wouldn't you touch me?”

“I' d rather not tell, av it was plazing to ye.”

“You must tell, sir; speak out! Why wouldn't you attack me?”

“They say, sir,” said Darby,--and as he spoke, his voice assumed a

peculiar lisp, meant to express great modesty,--“they say, sir, that

when a man has a big wart on his nose there, like yer honor, it's not

lucky to bate him, for that's the way the divil marks his own.”

This time the decorum of the court gave way entirely, and the unwashed

faces which filled the avenues and passages were all expanded in open

laughter; nor was it easy to restore order again amid the many marks of

approval and encouragement bestowed on Darby by his numerous admirers.

“Remember where you are, sir,” said the judge, severely.

“Yes, my lord,” said Darby, with an air of submission. “'T is the first

time I was ever in sich a situation as this. I 'm much more at my ease

when I 'm down in the dock there; it's what I 'm most used to, God help

me.”

The whining tone in which he delivered this mock lament on his

misfortunes occasioned another outbreak of the mob, who were threatened

with expulsion from the court if any future interruption took place.

“You were, then, a member of every illegal society of the time, Mr.

Darby?” said the lawyer, returning to the examination. “Is it not so?”

“Most of them, anyhow,” was the cool reply.

“You took an active part in the doings of the year '98 also?”

“Throth I did,--mighty active. I walked from beyant Castlecomer one day

to Dublin to see a trial here. Be the same token, it was Mr. Curran made

a hare of yer honor that day. Begorrah I wonder ye ever held up yer head

after.”

Here a burst of laughter at the recollection seemed to escape Darby

so naturally, that its contagious effects were felt throughout the

assembly.

“You are a wit, Mr. M'Keown, I fancy, eh?”

“Bedad I 'm not, sir; very little of that same would have kept out of

this to-day.”

“But you came here to serve a friend,--a very old friend, he calls you.”

“Does he?” said Darby, with an energy of tone and manner very different

from what he had hitherto used. “Does Master Tom say that?”

As the poor fellow's cheek flushed, and his eyes sparkled with proud

emotion, I could perceive that the lawyer's face underwent a change

equally rapid. A look of triumph at having at length discovered the

assailable point of the witness's temperament now passed over his pale

features, and gave them an expression of astonishing intelligence.

“A very natural thing it is, Darby, that he should call you so. You were

companions at an early period,--at least of his life; fellow-travellers,

too, if I don't mistake?”

Although these words were spoken in a tone of careless freedom, and

intended to encourage Darby to some expansion on the same theme, the

cunning fellow had recovered all his habitual self-possession, and

merely answered, if answer it could be called,--

“I was a poor man, sir, and lived by the pipes.”

The advocate and the witness exchanged looks at this moment, in which

their relative positions were palpably conveyed. Each seemed to say it

was a drawn battle; but the lawyer returned with vigor to the charge;

desiring Darby to mention the manner in which our first acquaintance

began, and how the intimacy was originally formed.

He narrated with clearness and accuracy every step of our early

wanderings; and while never misstating a single fact, contrived

to exhibit my career as totally devoid of any participation in the

treasonable doings of the period. Indeed, he laid great stress on the

fact that my acquaintance with Charles de Meudon had withdrawn me from

all relations with the insurgent party, between whom and the French

allies feelings of open dislike and distrust existed. Of the scene at

the barrack his account varied in nothing from that I had already given;

nor was all the ingenuity of a long and intricate cross-examination able

to shake his testimony in the most minute particular.

“Of course, then, you know Sir Montague Crofts? It is quite clear that

you cannot mistake a person with whom you had a struggle such as you

speak of.”

“Faix, I'd know his skin upon a bush,” said Darby, “av he was like what

I remember him; but sure he may be changed since that. They tell me

I'm looking ould myself; and no wonder. Hunting kangaroos wears the

constitution terribly.”

“Look around the court, now, and say if he be here.”

Darby rose from his seat, and shading his eyes with his hand, took

a deliberate survey of the court. Though well knowing, from past

experience, in what part of the assembly the person he sought would

probably be, he seized the occasion to scrutinize the features of the

various persons, whom under no other pretence could he have examined.

“It's not on the bench, sir, you need look for him,” said the lawyer,

as M'Keown remained for a considerable time with his eyes bent in that

direction.

“Bedad there's no knowing,” rejoined Darby, doubtfully; “av he was

dressed up that way, I wouldn't know him from an old ram.”

He turned round as he said this, and gazed steadfastly towards the bar.

It was an anxious moment for me: should Darby make any mistake in the

identity of Crofts, his whole testimony would be so weakened in the

opinion of the jury as to be nearly valueless. I watched his eyes,

therefore, as they ranged over the crowded mass, with a palpitating

heart; and when at last his glance settled on a far part of the court,

very distant from that occupied by Crofts, I grew almost sick with

apprehension lest he should mistake another for him.

“Well, sir,” said the lawyer; “do you see him now?”

“Arrah, it's humbugging me yez are,” said Darby, roughly, while he threw

himself down into his chair in apparent ill temper.

A loud burst of laughter broke from the bar at this sudden ebullition of

passion, so admirably feigned that none suspected its reality; and while

the sounds of mirth were subsiding, Darby dropped his head, and placed

his hand above his ear. “There it is, by gorra; there's no mistaking

that laugh, anyhow,” cried he; “there's a screech in it might plaze an

owl.” And with that he turned abruptly round and faced the bench where

Crofts was seated. “I heard it a while ago, but I couldn't say where.

That's the man,” said he, pointing with his finger to Crofts, who seemed

actually to cower beneath his piercing glance.

“Remember, sir, you are on your solemn oath. Will you swear that the

gentleman there is Sir Montague Crofts?”

“I know nothing about Sir Montague,” said Darby, composedly, while

rising he walked over towards the edge of the table where Crofts was

sitting, “but I'll swear that's the same Captain Crofts that I knocked

down while he was shortening his sword to run it through Master Burke;

and by the same token, he has a cut in the skull where he fell on the

fender.” And before the other could prevent it, he stretched out his

hand, and placed it on the back of the crown of Crofts's head. “There it

is, just as I tould you.”

The sensation these words created in the court was most striking,

and even the old lawyer appeared overwhelmed at the united craft and

consistency of the piper. The examination was resumed; but Darby's

evidence tallied so accurately with my statement that its continuance

only weakened the case for the prosecution.

As the sudden flash of the lightning will sometimes disclose what in the

long blaze of noonday has escaped the beholder, so will conviction

break unexpectedly upon the human mind from some slight but striking

circumstance which comes with the irresistible force of unpremeditated

truthfulness. From that moment it was clear the jury to a man were with

Darby. They paid implicit attention to all he said, and made notes of

every trivial fact he mentioned; while he, as if divining the impression

he had made, became rigorously cautious that not a particle of his

evidence could be shaken, nor the effect of his testimony weakened by

even a passing phrase of exaggeration. It was, indeed, a phenomenon

worth studying, to see this fellow, whose natural disposition was the

irrepressible love of drollery and recklessness,--whose whole heart

seemed bent on the indulgence of his wayward, careless humor,--suddenly

throw off every eccentricity of his character, and become a steady and

accurate witness, delivering his evidence carefully and cautiously,

and never suffering his own leanings to repartee, nor the badgering

allusions of his questioner, to draw him for a moment away from the

great object he had set before him; resisting every line, every bait,

the cunning lawyer threw out to seduce him into that land of fancy

so congenial to an Irishman's temperament, he was firm against

all temptation, and even endured that severest of all tests to the

forbearance of his country,--he suffered the laugh more than once to be

raised at his expense, without an effort to retort on his adversary.

The examination lasted three hours; and at its conclusion, every fact

I stated had received confirmation from Darby's testimony, down to the

moment when we left the barrack together.

“Now, M'Keown,” said the lawyer, “I am about to call your recollection,

which is so wonderfully accurate that it can give you no trouble in

remembering, to a circumstance which immediately followed the affair.”

As he got thus far, Crofts leaned over and drew the counsel towards

him while he whispered some words rapidly in his ear. A brief dialogue

ensued between them; at the conclusion of which the lawyer turned round,

and addressing Darby, said,--

“You may go down, sir; I 've done with you.” “Wait a moment,” said the

young barrister on my side, who quickly perceived that the interruption

had its secret object. “My learned friend was about to ask you

concerning something which happened after you left the barrack; and

although he has changed his mind on the subject, we on this side would

be glad to hear what you have to say.”

Darby's eyes flashed with unwonted brilliancy; and I thought I caught

a glance of triumphant meaning towards Crofts, as he began his recital,

which was in substance nothing more than what the reader already knows.

When he came to the mention of Fortescue's name, however, Crofts, whose

excitement was increasing at each moment, lost all command over himself,

and cried out,--

“It's false! every word untrue! The man was dead at the time.”

The court rebuked the interruption, and Darby went on.

“No, my lord; he was alive. But Mr. Crofts is not to blame, for he

believed he was dead; and, more than that, he thought he took the sure

way to make him so.”

These words produced the greatest excitement throughout the court;

and an animated discussion ensued, how far the testimony could go to

inculpate a party not accused. It was ruled, at last, the evidence

should be heard, as touching the case on trial, and not immediately as

regarded Crofts. And then Darby began a recital, of which I had never

heard a syllable before, nor had I conceived the slightest suspicion.

The story, partly told in narrative form, partly elicited by

questioning, was briefly this.

Daniel Fortescue was the son of a Roscommon gentleman of large fortune,

of whom also Crofts was the illegitimate child. The father, a man

of high Tory politics, had taken a most determined part against the

patriotic party in Ireland, to which his son Daniel had shown himself,

on more than one occasion, favorable. The consequence was, a breach of

affection between them; widened into an actual rupture, by the old man,

who was a widower, taking home to his house the illegitimate son, and

announcing to his household that he would leave him everything he could

in the world.

To Daniel, the blow was all that he needed to precipitate his ruin. He

abandoned the university, where already he had distinguished himself,

and threw himself heart and soul into the movement of the “United

Irish” party. At first, high hopes of an independent nation,--a separate

kingdom, with its own train of interests, and its own sphere of power

and influence,--was the dream of those with whom he associated. But

as events rolled on it was found, that to mature their plans it was

necessary to connect themselves with the masses, by whose agency the

insurrectionary movement was to be effected; and in doing so, they

discovered, that although theories of liberty and independence, high

notions of pure government, may have charms for men of intellect and

intelligence, to the mob the price of a rebellion must be paid down

in the sterling coin of pillage and plunder,--or even, worse, the

triumphant dominion of the depraved and the base over the educated and

the worthy.

Many who favored the patriotic cause, as it was called, became so

disgusted at the low associates and base intercourse the game of party

required, that they abandoned the field at once, leaving to others, less

scrupulous or more ardent, the path they could not stoop to follow. It

was probable that young Fortescue might have been among these, had he

been left to the guidance of his own judgment and inclination; for, as a

man of honor and intelligence, he could not help feeling shocked at the

demands made by those who were the spokesmen of the people. But this

course he was not permitted to take, owing to the influence of a man who

had succeeded in obtaining the most absolute power over him.

This was a certain Maurice Mulcahy, a well-known member of the various

illegal clubs of the day, and originally a country schoolmaster. Mulcahy

it was who first infected Fortescue's mind with the poison of this

party,--now lending him volumes of the incendiary trash with which

the press teemed; now newspapers, whose articles were headed, “Orange

outrage on a harmless and unresisting peasantry!” or, “Another sacrifice

of the people to the bloody vengeance of the Saxon!” By these, his

youthful mind became interested in the fate of those he believed to be

treated with reckless cruelty and oppression; while, as he advanced in

years, his reason was appealed to by those great and spirit-stirring

addresses which Grattan and Curran were continually delivering, either

in the senate or at the bar, and wherein the most noble aspirations

after liberty were united with sentiments breathing love of country and

devoted patriotism. To connect the garbled and lying statements of a

debased newspaper press with the honorable hopes and noble conceptions

of men of mind and genius, was the fatal process of his political

education; and never was there a time when such a delusion was more

easy.

Mulcahy, now stimulating the boyish ardor of a high-spirited youth, now

flattering his vanity by promises of the position one of his ancient

name and honored lineage must assume in the great national movement,

gradually became his directing genius, swaying every resolution and

ruling every determination of his mind. He never left his victim for a

moment; and while thus insuring the unbounded influence he exercised, he

gave proof of a seeming attachment, which Fortescue confidently believed

in. Mulcahy, too, never wanted for money; alleging that the leaders of

the plot knew the value of Fortescue's alliance, and were willing

to advance him any sums he needed, he supplied the means of every

extravagance a wild and careless youth indulged in, and thus riveted the

chain of his bondage to him.

When the rebellion broke out, Fortescue, like many more, was

horror-struck at the conduct of his party. He witnessed hourly scenes

of cruelty and bloodshed at which his heart revolted, but to avow his

compassion for which would have cost him his life on the spot. He was

in the stream, however, and must go with the torrent; and what will not

stern necessity compel? Daily intimacy with the base-hearted and the

low, hourly association with crime, and perhaps more than either,

despair of success, broke him down completely, and with the blind

fatuity of one predestined to evil, he became careless what happened to

him, and indifferent to whatever fate was before him.

Still, between him and his associates there lay a wide gulf. The tree,

withered and blighted as it was, still preserved some semblance of its

once beauty; and among that mass of bigotry and bloodshed, his nature

shone forth conspicuously as something of a different order of being. To

none was this superiority more insulting than to the parties themselves.

So long as the period of devising and planning the movement of an

insurrection lasts, the presence of a gentleman, or a man of birth

or rank, will be hailed with acclamation and delight. Let the hour of

acting arrive, however, and the scruples of an honorable mind, or the

repugnance of a high-spirited nature, will be treated as cowardice by

those who only recognized bravery in deeds of blood, and know no heroism

save when allied to cruelty.

Fortescue became suspected by his party. Hints were circulated, and

rumors reached him, that he was watched; that it was no time for hanging

back. He who sacrificed everything for the cause to be thus accused! He

consulted Mulcahy; and to his utter discomfiture discovered that

even his old ally and adviser was not devoid of doubt regarding him.

Something must be done, and that speedily,--he cared not what. Life had

long ceased to interest him either by hope or fear. The only tie that

bound him to existence was the strange desire to be respected by those

his heart sickened at the thought of.

An attack was at that time planned against the house and family of a

Wexford gentleman, whose determined opposition to the rebel movement had

excited all their hatred. Fortescue demanded to be the leader of that

expedition; and was immediately named to the post by those who were glad

to have the opportunity of testing his conduct by such an emergency.

The attack took place at night,--a scene of the most fearful and

appalling cruelty, such as the historian yet records among the most

dreadful of that dreadful period. The house was burned to the ground,

and its inmates butchered, regardless of age or sex. In the effort to

save a female from the flames, Fortescue was struck down by one of his

party; while another nearly cleft his chest across with a cut of a large

knife. He fell, covered with blood, and lay seemingly dead. When his

party retreated, however, he summoned strength to creep under shelter of

a ditch, and lay there till near daybreak, when he was found by another

gang of the rebel faction, who knew nothing of the circumstances of his

wound, and carried him away to a place of safety.

For some months he lay dangerously ill. Hectic fever, consequent on long

suffering, brought him to the very brink of the grave; and at last he

managed by stealth to reach Dublin, where a doctor well known to

the party resided, and under whose care he ultimately recovered, and

succeeded at last in taking a passage to America. Meanwhile his death

was currently believed, and Crofts was everywhere recognized as the heir

to the fortune.

Mulcahy, of whom it is necessary to speak a few words, was soon after

apprehended on a charge of rebellion, and sentenced to transportation.

He appealed to many who had known him, as he said, in better times,

to speak to his character. Among others, Captain Crofts--so he then

was--was summoned. His evidence, however, was rather injurious than

favorable to the prisoner; and although not in any way influencing the

sentence, was believed by the populace to have mainly contributed to its

severity.

Such was, in substance, the singular story which was now told before the

court,--told without any effort at concealment or reserve; and to the

proof of which M'Keown was willing to proceed at once.

“This, my lord,” said Darby, as he concluded, “is a good time and place

to give back to Mr. Crofts a trifling article I took from him the night

at the barracks. I thought it was the bank-notes I was getting; but it

turned out better, after all.”

With that he produced a strong black leather pocket-book, fastened by a

steel clasp. No sooner did Crofts behold it, than, with the spring of a

tiger, he leaped forward and endeavored to clutch it. But Darby was on

his guard, and immediately drew back his hand, calling out,--

“No, no, sir! I didn't keep it by me eight long years to give it up that

way. There, my lords,” said he, as he handed it to the bench, “there's

his pocket-book, with plenty of notes in it from many a one well

known,--Maurice Mulcahy among the rest,--and you'll soon see who it was

first tempted Fortescue to ruin, and who paid the money for doing it.”

A burst of horror and astonishment broke from the assembled crowd as

Darby spoke.

Then, in a loud, determined tone, “He is a perjurer!” screamed Crofts. “I

repeat it, my lord; Fortescue is dead.”

“Faix! and for a dead man he has a remarkable appetite,” said Darby,

“and an elegant color in his face besides; for there he stands.”

And as he spoke, he pointed with his finger to a man who was leaning

with folded arms against one of the pillars that supported the gallery.

Every eye was now turned in the direction towards him; while the young

barrister called out, “Is your name Daniel Fortescue?”

But before any answer could follow, several among the lawyers, who

had known him in his college days, and felt attachment to him, had

surrounded and recognized him.

“I am Daniel Fortescue, my lord,” said the stranger. “Whatever may be

the consequences of the avowal, I say it here, before this court,

that every statement the witness has made regarding me is true to the

letter.”

A low, faint sound, heard throughout the stillness that followed these

words, now echoed throughout the court; and Crofts had fallen, fainting,

over the bench behind him.

A scene of tumultuous excitement now ensued, for while Crofts's friends,

many of whom were present, assisted to carry him into the air, others

pressed eagerly forward to catch a sight of Fortescue, who had already

rivalled Darby himself in the estimation of the spectators.

He was a tall, powerfully-built man, of about thirty-five or thirty-six,

dressed in the blue jacket and trousers of a sailor; but neither the

habitude of his profession nor the humble dress he wore could conceal

the striking evidence his air and bearing indicated of condition and

birth. As he mounted the witness table,--for it was finally agreed

that his testimony in disproof or corroboration of M'Keown should be

heard,--a murmur of approbation went round, partly at the daring step he

had thus ventured on taking, and partly excited by those personal gifts

which are ever certain to have their effect upon any crowded assembly.

I need not enter into the details of his evidence, which was given in

a frank, straightforward manner, well suited to his appearance; never

concealing for a moment the cause he had himself embarked in, nor

assuming any favorable coloring for actions which ingenuity and the zeal

of party would have found subjects for encomium rather than censure.

His narrative not only confirmed all that Darby asserted, but also

disclosed the atrocious scheme by which he had been first induced to

join the ranks of the disaffected party. This was the work of Crofts,

who knew and felt that Fortescue was the great barrier between himself

and a large fortune. For this purpose Mulcahy was hired; to this end the

whole long train of perfidy laid, which eventuated in his ruin: for

so artfully had the plot been devised, each day's occurrence rendered

retreat more difficult, until at last it became impossible.

The reader is already aware of the catastrophe which concluded his

career in the rebel army. It only remains now to be told that he escaped

to America, where he entered as a sailor on board a merchantman;

and although his superior acquirements and conduct might have easily

bettered his fortune in his new walk in life, the dread of detection

never left his mind, and he preferred the hardships before the mast to

the vacillation of hope and fear a more conspicuous position would have

exposed him to.

The vessel in which he served was wrecked off the coast of New Holland,

and he and a few others of the crew were taken up by an English ship on

her voyage outward. In a party sent on shore for water, Fortescue came

up with Darby, who had made his escape from the convict settlement, and

was wandering about the woods, almost dead of starvation, and scarcely

covered with clothing. His pitiful condition, but perhaps more still,

his native drollery, which even then was unextinguished, induced the

sailors to yield to Fortescue's proposal, and they smuggled him on

board in a water cask; and thus concealed, he made the entire voyage to

England, where he landed about a fortnight before the trial. Fearful of

being apprehended before the day, and determined at all hazards to give

his evidence, he lay hid till the time we have already seen, when he

suddenly came forward to my rescue.

Mulcahy, who worked in the same gang with Darby, or, to use the piper's

grandiloquent expression,--for he burst out in this occasionally,--was

“in concatenated proximity to him,” told the whole story of his own

baseness, and loudly inveighed against Crofts for deserting him in

his misfortunes. The pocket-book taken from Crofts by Darby amply

corroborated this statement. It contained, besides various memoranda

in the owner's handwriting, several letters from Mulcahy, detailing the

progress of the conspiracy: some were in acknowledgment of considerable

sums of money; others asking for supplies; but all confirmatory of the

black scheme by which Fortescue's destruction was compassed.

Whatever might have been the sentiments of the crowded court regarding

the former life and opinions of Fortescue and the piper, it was clear

that now only one impression prevailed,--a general feeling of horror at

the complicated villany of Crofts, whose whole existence had been one

tissue of the basest treachery.

The testimony was heard with attention throughout; no cross-examination

was entered on; and the judge, briefly adverting to the case which

was before the jury, and from whose immediate consideration subsequent

events had in a great measure withdrawn their minds, directed them to

deliver a verdict of “Not guilty.”

The words were re-echoed by the jury, who, man for man, exclaimed these

words aloud, amid the most deafening cheers from every side.

As I walked from the dock, fatigued, worn out, and exhausted, a dozen

hands were stretched out to seize mine; but one powerful grasp caught my

arm, and a well-known voice called in my ear,--

“An' ye wor with Boney, Master Tom? Tare and 'ounds, didn't I know you'd

be a great man yet.”

At the same instant Fortescue came through the crowd towards me, with

his hands outstretched.

“We should be friends, sir,” said he, “for we both have suffered from a

common enemy. If I am at liberty to leave this--”

“You are not, sir,” interposed a deep voice behind. We turned and beheld

Major Barton. “The massacre at Kil-macshogue has yet to be atoned for.”

Fortescue's face grew actually livid at the mention of the word, and his

breathing became thick and short.

“Here,” continued Barton, “is the warrant for your committal. And you

also, Darby,” said he, turning round; “we want your company once more in

Newgate.”

“Bedad, I suppose there's no use in sending an apology when friends is

so pressing,” said he, buttoning his coat as coolly as possible; “but I

hope you 'll let the master come in to see me.”

“Mr. Burke shall be admitted at all times,” said Barton, with an

obsequious civility I had never witnessed in him previously.

“Faix, maybe you 'll not be for letting him out so aisy,” said Darby,

dryly, for his notions of justice were tempered by a considerable dash

of suspicion.

I had only time left to press my purse into the honest fellow's hand,

and salute Fortescue hastily, as they both were removed, under the

custody of Barton. And I now made my way through the crowd into the

hall, which opened a line for me as I went; a thousand welcomes meeting

me from those who felt as anxious about the result of the trial as if a

brother or a dear friend had been in peril.

One face caught my eye as I passed; and partly from my own excitement,

partly from its expression being so different from its habitual

character, I could not recognize it as speedily as I ought to have done.

Again and again it appeared; and at last, as I approached the door into

the street, it was beside me.

“If I might dare to express my congratulations,” said a voice, weak

from the tremulous anxiety of the speaker, and the shame which, real or

affected, seemed to bow him down.

“What,” cried I, “Mr. Basset!” for it was the worthy man himself.

“Yes, sir. Your father's old and confidential agent,--I might venture to

say, friend,--come to see the son of his first patron occupy the station

he has long merited.”

“A bad memory is the only touch of age I remark in you, sir,” said I,

endeavoring to pass on, for I was unwilling at the moment of my escape

from a great difficulty to lose temper with so unworthy an object.

“One moment, sir, just a moment,” said he, in a low whisper. “You'll

want money, probably. The November rents are not paid up; but there's a

considerable balance to your credit. Will you take a hundred or two for

the present?”

“Take money!--money from you!” said I, shrinking back.

“Your own, sir; your own estate. Do you forget,” said he, with a

miserable effort of a smile, “that you are Mr. Burke of Cromore, with a

clear rental of four thousand a year? We gained the Cluan Bog lawsuit,

sir,” continued he. “'Twas I, sir, found the satisfaction for the bond.

Your brother said he owed it all to Tony Basset.”

The two last words were all that were needed to sum up the measure of my

disgust and I once more tried to get forward.

“I know the property, sir, for thirty-eight years I was over it. Your

father and your brother always trusted me--”

“Let me pass on, Mr. Basset,” said I, calmly. “I have no desire to

become a greater object of mob curiosity. Pray let me pass on.”

“And for Darby M'Keown,” whispered he.

“What of him?” said I; for he had touched the most anxious chord of my

heart at that instant.

“I'll have him free; he shall be at liberty in forty-eight hours for

you. I have the whole papers by me; and a statement to the privy council

will obtain his liberation.”

“Do this,” said I, “and I 'll forgive more of your treatment of me than

I could on any other plea.”

“May I call on you this evening, or to-morrow morning, at your hotel?

Where do you stop, sir?”

“This evening be it, if it hasten M'Keown's liberation. Remember,

however, Mr. Basset, I'll hold no converse with you on any other subject

till that be settled, and to my perfect satisfaction.”

“A bargain, sir,” said he, with a grin of satisfaction; and dropping

back, he suffered me to proceed.

Along the quays I went, and down Dame Street, accompanied by a great mob

of people, who thought in my acquittal they had gained a triumph. For

so it was; every case had its political feature, and seemed to be

intimately connected with the objects of one party or the other.

Partisan cheers,--the watchwords of faction,--were uttered as I went,

and I was made to suffer that least satisfactory of all conditions,

which bestows notoriety without fame, and popularity without merit.

As I entered the hotel, I recognized many of the persons I had seen

there before; but their looks were no longer thrown towards me with the

impertinence they then assumed. On the contrary, a studied desire to

evince courtesy and politeness was evident. “How strange is it!” thought

I; “how differently does the whole world smile to the rich man and to

the poor!” Here were many who could in nowise derive advantage from my

altered condition,--as perfectly independent of me as I of them; and

yet even they showed that degree of deference in their manner which the

expectant bestows upon a patron. So it is, however. The position which

wealth confers is recognized by all; the individual who fills it is but

an attribute of the station.

Life had, indeed, opened on me with a new and very different aspect; and

I felt, as I indulged in the daydreams which the sudden possession of

fortune excites, that to enjoy thoroughly the blessings of independence,

one must have experienced, as I had, the hard pressure of adversity. It

seemed to me that the long road of gloomy fate had at length reached its

turning point, and that I should now travel along a calmer and happier

path. Thoughts of the new career that lay before me were blended with

the memories of the past; hopes they were, but dashed with the shadows

which a blighted affection will throw over the whole stream of life.

Still that evening was one of happiness; not of that excited pleasure

derived from the attainment of a long coveted object, but the calmer

enjoyment felt in the safety of the haven by him who has experienced the

hurricane and the storm.

With such thoughts I went to rest, and laid my head on my pillow in

thoughtfulness and peace. In my dreams my troubles still lingered. But

who regrets the anxious minutes of a vision which wakening thoughts

dispel? Are they not rather the mountain shadows that serve to brighten

the gleam of the sunlight in the plain?

It was thus the morning broke for me, with all the ecstasy of danger

passed, and all the crowding hopes of a happy future. The hundred

speculations which in poverty I had formed for the comfort of the poor

and the humble might now be realized; and I fancied myself the centre of

a happy peasantry, confiding and contented. It would be hard, indeed,

to forget “the camp and the tented field” in the peaceful paths of a

country life. But simple duties are often as engrossing as those of a

higher order, and bring a reward not less grateful to the heart; and I

flattered myself to think my ambition reached not above them.

The moments in which such daydreams are indulged are the very happiest

of a lifetime. The hopes which are based on the benefits we may render

to others are sources of elevation to ourselves; and such motives purify

the soul, and exalt the mind to a pitch far above the petty ambitions of

the world.

To myself, and to my own enjoyments, wealth could contribute less than

to most men. The simple habits of a soldier's life satisfied every wish

of my mind. The luxuries which custom makes necessary to others I never

knew; and I formed my resolution not to wander from this path of humble,

inexpensive tastes, so that the stream of charity might flow the wider.

These were my waking thoughts. Alas, how little do we ever realize of

such speculations! and how few glide down the stream of life unswayed by

the eddies and crosscurrents of fortune! The higher we build the temple

of our hopes, the more surely will it topple to its fall. Who shall say

that our greatest enjoyment is not in raising the pile, and our happiest

hours the full abandonment to those hopes our calmer reason never

ratified?

As yet it had not occurred to me to think what position the world might

concede to one whose life had been passed like mine, nor did I bestow a

care upon a matter whereon so much of future happiness depended. These,

however, were considerations which could not be long averted. How they

came, and in what manner they were met must remain for a future chapter

of my history.

Tom Burke Of "Ours", Volume II · 第 36 / 41 章