CHAPTER XIII

It was the second day of the trial. Irene held her husband’s hand in a

nervous grasp. They were sitting together among a crowd of well-dressed

men and women, many of them friends of Hugh, in the reserved places on

the judge’s bench. Yesterday, in her unfamiliarity with the historic

court of the Old Bailey, its first aspect had shocked her sense of the

fitness of things. She had vaguely imagined a vast hall, stately and

imposing paraphernalia, all the pomp and circumstance of the law. But

this dingy, murky, incommodious chamber, furnished with just the bare

necessities for procedure, and crammed with perspiring men, seemed more

like a third-rate auction-room than the most solemn court of justice in

the land. It was mean and cramped; even God’s light cut off from it by

the eternal, blighting shadow of Newgate. Instead of spacious galleries

she had seen little yellow boxes by the roof, above the dock, surmounted

by vague agglutinated masses of faces. The nearness of everything to

her, consequent upon the small area and great depth of the court, had

affected her with a strange feeling of oppression.

To-day the surprise had passed; the scene had grown so intensely

familiar that she seemed to have borne its burden about her for years,

but the feeling of oppression still remained. The nameless atmosphere

of the gaol, sullen and hopeless and tainted, hung pall-like over

everything.

The well of the court was crowded. At narrow tables sat the rows of

barristers in wig and gown; behind them, on the short slope abruptly

terminating at the whitewashed wall, the pressmen, behind whom

again more barristers and members of the public, all standing in an

insignificant but suffocatingly packed crowd. Below her, Irene saw the

bobbing wig of the clerk of arraigns and the bald head of Harroway at

the solicitors’ table. Beyond, in the front row of the lines of counsel,

stood the attorney-general examining the witness; on her right the

judge, broad-wigged, red-robed, scratching loud with quill-pen; Lord

Mayor and Aldermen in civic robes, with their cynical nosegays of

flowers in front of them; on her right, beneath the dim closed window,

the pallid Jew butler in the witness-box. Opposite, the jury, twelve

commonplace, but hard and practical-looking men, as London juries

generally are. And next, the vast square dock, glass-panelled, grim,

overlooked by the inexorable clock face, which has marked the last hours

of life’s chances for so many tortured men and women; and in the dock,

guarded by the warder, the erect and somewhat haughty figure of the

prisoner.

On Irene’s arrival in court this morning, Harroway had handed her a

little pencilled note from Hugh.

“Bless you, dear Renie, for coming to cheer and strengthen me. Before,

it was best for me to fight it out alone. But now the sight of you

gladdens me. I am doing everything for what I consider the best. Don’t

fret. Gardiner will pull me through.”

And when he had entered the dock, his eyes had travelled to hers

with swift instinct, and for many seconds remained fixed. Whatever

possibilities of guilt may have lingered in her mind, were swept away in

that mutual gaze. She saw his innocence deep in her soul, and her heart

yearned towards him. She knew now, past all doubt, that he was risking

his life to save some wretched woman’s honour. The woman’s dastardly

silence was all but inconceivable, but the man’s chivalry blazed before

the world. Her eyes had glistened with a moment’s exultation. Here was a

man of unfaltering strength, a friend to be thrillingly proud of, to die

for, gladly, if need were. He became a hero, worthy of the devotion

of others. The heroic chord in her nature had been struck, and its

inarticulate music had sung in her heart. She had murmured her emotion

to Gerard, but before he could reply, the entrance of the judge and

the rising of the court had broken the momentary spell. Her anxiety

had returned with a sickening rush, and Hugh became once more, as all

through the aching hours of yesterday, the dear friend exposed to public

degradation and to deadly peril.

The examination of Samuels continued. He described the finding of the

body, the attitude in which it lay, the position of the heavy poker with

which, according to the theory of the prosecution, the murderous blow

was struck--all the harrowing details that had been so often laid before

the law. In a faltering voice he narrated the history of the evening:

the merry dinner-party, the sound of the lively music upstairs (Minna’s

mad tarantella), the angry words he had overheard on coming into his

master’s study, the permission to go to bed, his last sight of the

prisoner at ten minutes past eleven, his after meeting with Mr. Hart

in the bedroom at five minutes to twelve, when the latter had taken the

ledger from his bedroom safe and gone downstairs again. Familiar as all

these facts were to Irene, every fresh statement put them in a still

more terrible light. They seemed to leave Hugh no single avenue for

escape. He was hedged round by a pitiless fence of incontrovertible

testimony. Once Hugh looked swiftly from the window to her and then back

again. The glance appealed to her like that of a noble animal caught in

a trap.

Yet he bore the ordeal bravely, twirling now and then a disdainful

moustache. It was the man’s nature to carry his burdens defiantly.

Minna’s appearance in the witness-box the day before had lashed him to

a fury of pride. He would rather die a thousand deaths than use her

contaminated soul to save his life.

At times he looked round the familiar precincts with a smile almost of

mockery. The topsy-turvydom of his position contained elements of the

grotesque. The central sphere of his life’s ambitions, by some wizard

touch, had become the theatre of his shame. The judge before whom he

had most often pleaded was now trying him as a murderer. The brother

barristers below were cordial acquaintances, linked to him by the

honourable traditions of a beloved profession. The scene shimmered

before his eyes in whimsical unreality. But then, suddenly, a blaze of

associations would disclose, by lurid contrast, the pathos of his ruin.

It was terribly real. Once a lump rose in his throat, and he steadied

himself by the hand-rail. On the last occasion of his presence in this

place, he had delivered an impassioned harangue on behalf of a poor

trembling devil of an embezzling clerk, who had clutched at that same

hand-rail for support. He remembered how he had wondered at the craven

spirit that could thus make public exhibition of its terror. The memory

was a whip to his pride.

The butler’s evidence was black against him. What saving admission could

Gardiner, his counsel, ablest cross-examiner of the day though he was,

get out of this man? Wearily he glanced at the window, dwelling with

a shiver on the grey, gaunt walls of Newgate--the last abode of the

condemned man’s brief span of life, hiding the condemned cell and the

gallows--and on the irony of the doves of Newgate courtyard that flashed

their white wings in the overshadowed air. It was then that he turned

the quick glance at Irene which she intercepted and interpreted as one

of appeal. Gardiner rose to cross-examine the butler. There was little

hope of shaking the evidence.

“Oh, God! How my heart aches!” said Irene to Gerard, pressing her hand

to her bosom.

“Hush!” he replied. “Don’t give way. Let us follow this closely.”

But the meshes seemed tighter drawn than ever around Hugh. Her nerve

began to fail. Outside the bright spring sunshine flooded the sky. Not

a ray entered the murky court, where the heat was oppressive, the air

stifling. The judge, notorious for his horror of draughts, had caused

all the windows to be closed. Irene gasped for breath. A faint nausea

made her head swim. She closed her eyes and leaned against her husband.

For a few moments she lost consciousness. Gerard, intent upon the

evidence, remained unaware of her condition.

Suddenly a confused murmur of voices aroused her with a start. Samuels

was leaving the witness-box. Gardiner was regarding Hugh with a little

air of triumph. The mass of wigged heads below her was agitated like the

backs of a flock in motion.

“What’s the matter? I wasn’t listening?” she whispered.

Gerard, not catching her words, concluded they contained merely some

expression of emotion, and nodded to her vaguely. Soon absorbed in the

evidence of the next witness, Parsons, the porter at the mansion, Irene

let her question pass and forgot the incident.

Thus a material point for Hugh’s defence, an admission by Samuels that

he had heard a noise like the slamming of the front door at half-past

eleven, the hour when Hugh claimed to have left the house, had escaped

her cognisance.

The only point in his client’s favour that Gardiner elicited from the

porter, was the statement that the brown paper parcel which the prisoner

was carrying on the morning of the murder was neatly tied with string,

and in no wise resembled a hastily wrapped up bundle of documents.

Other witnesses followed. Again Irene felt the deadly faintness coming

over her. It was nature’s penalty for insufficient food, sleep and air.

She struggled against it with all her strength.

“Shall I take you out?” asked Gerard, noticing her pallor.

She shook her head. She would sit through it to the end. Never had

she felt such fierce contempt for her sex’s weakness as then. It was

maddening to feel her nerve yielding and her brain growing dizzy. Was

she going to follow the example of the shallow, hysterical girl of last

night? Were all women constituted alike--to snap like lath at the first

serious strain? The thought was abhorrent. For over an hour she sat

there scarcely heeding the proceedings, her whole mind concentrated

upon the efforts to retain her consciousness. And during this hour

Mrs. Parsons had stated that she had found among the prisoner’s linen

a sleeping suit which had been missing for some time, and Israel Hart’s

confidential clerk had sworn to the valueless nature of the £5,000

security.

The endless cross-fire of question and answer drew to a conclusion. The

charge was read, and the counsel for the prosecution submitted his case

to the judge.

Gardiner rose. Irene with a great effort regained her self-control, and

regarded him anxiously.

“I call no witnesses for the defence, my lord,” said he.

Irene, aghast, uttered a sharp cry of pain and dismay. To her mind,

unversed in legal methods, this proceeding seemed like capitulation.

Was Gardiner going to make no show of fight for his friend’s life? She

questioned her husband in a fever of anxiety.

“He is relying on his speech to-morrow to devaluate the evidence. What

witnesses can he bring forward?”

But Irene was not reassured. She lay back, with white lips and panting

bosom. The halter was already round Hugh’s neck. To her strained eyes

his features seemed to have undergone an awful change since the morning.

Her vision invested him with imaginary haggardness and deathlike pallor.

Again she felt faint and closed her eyes.

When she opened them again, the attorney-general was addressing the

jury. Now he had more scope for emotion than in his opening. He spoke of

the prisoner’s position as a barrister, of the terrible pain it had been

to him to lead this prosecution. (All the unreasoning feminine in Irene

blazed into inward reproach. It was hypocrisy, baseness, a hireling’s

part. No noble or generous nature could have undertaken the task.)

He spoke of duty, of the law, of the necessity of sacrificing private

feelings to the interests of justice. And justice compelled him to point

out the prisoner as a man guilty of a terrible crime. He proceeded to

the evidence, recapitulated the details. Constructed a romance of evil

passions. Drew a picture of the imaginary scene, the quarrel over the

£5,000, the insulting word, the dastardly and fatal blow.

Hugh, leaning over the railing of the dock, gazed at him intently, with

set teeth. Throughout all the sordid commonplaces of the trial, he had

maintained his bearing of scorn. But now the touch of a lurid eloquence

gripped his nature. His breath came hard and fast, in speechless

indignation and horror at the vivid fable.

The crowded court was deathly still. Irene gripped her husband’s hand,

looking now at the denunciatory, attitudes of the speaker, now at the

intense steel of the denounced man’s eyes, now at the set faces of the

jury as they sat under the spell of the fierce oratory.

“Gerard--they will kill him. I see condemnation in their eyes,” she

whispered, hoarsely.

“Damn them,” he answered, carried away by the excitement, “I believe

they will.”

“Can nothing human save him?”

“I would give ten years of my life.”

She tightened her clasp on his great hand by way of sympathy and

acknowledgment. A little sound of sobbing was heard. It came from a lady

next but one to Irene--Mrs. Gardiner--the wife of Hugh’s counsel and

friend. Irene was dry-eyed. Suddenly she felt strong, with her young

blood thrilling through her veins. Again she whispered.

“Gerard--would you give all you held most dear in the world?”

“Of course,” he replied.

The sonorous voice went on.

“The defence have called no witnesses. There are none to call. Let them

prove that the prisoner was elsewhere between eleven o’clock and seven

on that fatal night--even between one and five, the limits set by the

medical evidence--and the case falls to the ground. But they cannot do

so. It has been hinted that a woman’s honour is in question. That will

be urged in his defence. But does the woman live who is so vile, so

despicable as to let her reputation stand in the way of saving an

innocent man from the most shameful of deaths? It is unthinkable. Human

nature does not sink to such degradation of cowardice. When that blow

was struck the prisoner was in no woman’s arms.”

He paused to take breath. There was just a flash of silence. And then

a woman’s voice broke out into a hoarse cry, as if the words tore their

way through a gasping throat.

“_HE WAS. IN MINE!_”

Another silence; this time longer; one of dumb bewilderment. Every eye

was straining at the tall, quivering woman who stood with burning eyes

and parted lips, throwing down her defiance. Then swift reaction swept

through the assembly. The sudden, emotional, tragic, in a time of

strain, brings elemental, inarticulate sounds from men’s hearts.

Confusion of voices reigned. Some broke into silly laughter. Gardiner

leapt to his feet, quivering like a race-horse, gesticulating with his

hands, uttering idle words of appeal that were lost in the clamour.

Gerard Merriam too was standing, had seized his wife’s arm.

“Have you gone mad?” he shouted, hoarsely.

He wrenched her down to her seat. She shook off his grasp and sprang

up again, facing the court. Before her will, his gave way. He sat and

gnawed at his fingers in a frenzy of agitation.

The first amazement had held Hugh speechless. For a moment he stared

at her stupidly. Then amid the hubbub he burst into passionate cries of

denial. He would have leaped from the dock, had not iron arms encircled

him and rough voices in his ear commanded silence. He obeyed, his heart

thumping like a piston-rod. Then Gardiner and Harroway met by the side

of the dock. Hugh leaned over the rail, at once engaged in excited

discussion.

“You are mad!” cried Gardiner, at last, in his ear. “I shall save your

life and you can shoot me afterwards if you like.”

The solicitor and himself returned to their places. The judge thundered

for order. The hubbub waned to a murmur. He threatened to clear the

court. A scuffle near the door drew general attention to the fact of an

ejection. Peace was restored. Men wiped streaming foreheads and looked

about with eager eyes.

Gardiner, with wig awry, had the first word.

“My lord, I beg permission to call that lady as a witness.”

“I protest, my lord!” cried Hugh in torture of soul. “Her tale is a lie.

I will not have her commit perjury for my sake.”

The judge rebuked him. The management of the case was in the hands of

counsel. They only could be heard.

“But for God’s sake, my lord?” cried Hugh again.

Sternly the judge threatened forcible measures. Hugh cast a wild,

despairing glance around the hushed and wondering court, threw up his

hands in a passionate gesture of appeal to Irene, who stood transfigured

before him, and then with a groan sank into his chair and buried his

face in his arms. He was powerless.

The prisoner being effectually silenced, the judge bent his heavy brows

upon Irene.

“Will you repeat that statement on oath?”

She nodded her head thrice in affirmation before she could articulate

the “yes.”

There was a consultation between the judge and the attorney-general.

The latter had no objection to the request of the defence. Irene stepped

into the witness-box. She took the oath, shivered, and shot a swift

glance of appeal at her husband. He sat glaring at her like a man

stupefied, his eyes crossed in a kind of glazed squint, his body bent

forwards, still biting at his fingers.

The self-accusing cry had sprung from resistless impulse. The heroic

instinct, awakened earlier, had been clamouring, in the darkness. It

rose to the lightning flash of suggestion. Hugh was doomed. Here was

a splendid rescue. It had been a moment of tumultuous rapture.

Simultaneously had come the conviction of Gerard’s acquiescence, his

equal gladness to sacrifice his honour for his friend’s life. Had not

Hugh once faced death for Gerard? Had not Gerard just said that he would

give all he held most dear in the world to save him? It had been an

exquisite moment of faith, during which the world had grown young again

and radiant deeds were the commonplaces of life. All had crowded, in the

instant, upon her mind. And the words had gone from her, she scarce knew

how. They had sounded strange in her ears. But the silence, the cold,

dispassionate accents of the judge brought to the surface her instincts

as a nineteenth-century woman, cultivated under a thousand complex

conditions. She realised the gravity of the step she was taking. All her

faintness had gone under the magic of her inspiration, but the great and

sudden effort to concentrate her intellectual powers checked the thrill

in her veins. To be heroic in cold blood is the highest grade. She

answered calmly. Her questioner was less collected than herself.

Only a woman could have committed the splendid perjury. Under

examination she told with faultless precision the story of the fabulous

adultery; the prisoner’s Orestian friendship with her husband; his

love for her before her marriage; the later and guilty passion on her

own side; the rare chance of that fatal night when her husband was in

Edinburgh. Solemnly she swore that the prisoner arrived at her house

at a quarter to twelve and stayed there until the morning, leaving just

before the servants were astir. Her manner gave the story the seal of

truth.

The attorney-general cross-examined. In no particular could he shake her

statement. Why had she not come forward before? She urged the scandal,

the pain to her husband, the overmastering hope, grown to conviction,

that the evidence against the prisoner was too slight to harm him.

“How did he enter your house?”

“He had a latch-key always in his possession.”

“Was this the first time it had been used for this purpose?”

She set her teeth and answered, “No.” Gardiner re-examined. No third

party was aware of the existence of this liaison. The utmost precaution

and secrecy had been maintained. Was her husband in court? Yes. She

went down the steps and back to her place like one in a dream. Gerard

remained motionless by her side, as if unconscious of her presence.

Gardiner, wishing to have corroborative evidence, sought permission to

call Merriam. The latter assented, went into the witness-box. Irene’s

heart fluttered faintly with happiness. Gerard had accepted the

sacrifice. He would play his part as she had done hers. Yet his face was

clouded and heavy and he answered doggedly, with the air of a man who

has formed a resolve in the caverns of his soul.

He was absent in Edinburgh on the night in question. For some time past

he had been uneasy as regards his wife’s relations with Colman. The

revelation was not an absolute surprise to him. Colman had been, for

many years, almost a member of his household. By virtue of the intimacy

he possessed a latch-key. No further questions were put. The opposite

side declined to cross-examine. Gerard, looking neither to right nor

left, walked out of the court.

Irene was left alone. She could not understand Gerard’s neglect. Surely

he meant her to follow. She rose and took a sweeping survey of the

scene. Counsel were whispering eagerly. The jury crowded together in

animated discussion, the front row leaning over the backs of the

seats. Many eyes were fixed admiringly upon herself. The judge, seen

in obscured profile, was turning over his notes. The air still seemed

impregnated with the odour of the gaol. Hugh sat in the dock, his face

still buried in his arms, in an attitude of supreme dejection. And

behind him stood his blue-habited imperturbable guards. Then, with bowed

head, she hurried across the court, leaving by the door through which

Gerard had disappeared.

He was not outside, in the witnesses’ lobby, waiting for her as she had

expected. She enquired of the policeman on duty. He had seen him pass,

pointed out the way he had gone. She followed his directions, found

herself in the courtyard. Gerard was nowhere to be seen. She hung about

for a while, went outside and walked up and down the hurrying pavement,

waited again by the entrance. But no Gerard. Disappointed and anxious,

she retraced her steps, up worn bleak stairs, through gloomy corridors,

and finally lost herself completely. But she hurried on with downcast

eyes. At last she arrived at an entrance guarded by a policeman. It was

not the door with which she was familiar. A sudden failing seized her.

She could not return to her seat and present herself alone before

the gaze of all those men. The valiantest of women has small feminine

cowardices, which she does not seek to overcome. To leave the precincts

was equally impossible. She resolved to wait, and walked bravely up and

down the lobby. A few patient figures of men and women were sitting by

the wall. Scarcely speculating who these might be, she sat down finally

by an old man, poorly clad, who was leaning forward, his chin supported

on his hands, regarding the pavement with lack-lustre eyes. Then for the

first time she was able to think with some coherence of the stupendous

nature of the deed she had just committed. She put her ungloved hands

over her burning eyes as if to shut out the scene that had blazed before

them a few moments ago. The words of the counsel, her own replies,

reverberated distinct in her ears. She would have given a year of her

life for Gerard’s protecting presence.

So absorbed was she that she did not hear a rough voice call out a

strange name, nor notice the old man by her side rise in weary obedience

to the summons. When, later, she withdrew her hands from her face, she

did not heed his absence. Now and then a barrister or a document-laden

clerk hurried past her. She waited in a torture of anxiety. At last the

policeman approached and asked her if she was a witness in this case.

Her reply gave him a clue to her interest. He smiled indulgently. This

was the witnesses’ lobby of the Recorder’s Court. The Sunnington case

was being tried in the chief court, before the judge; just the other end

of the Old Bailey. Irene stamped her foot with vexation. Suspense had

made her lose count of time. It seemed as if she had been absent for

hours. What had happened? She must know. And here she had been waiting,

like a fool, in a wrong part of the building.

“Direct me to the door the prisoner will come out by.”

The policeman was still indulgent.

“If he’s sentenced or the case is adjourned, he’ll go down the dock and

you won’t see him. If he gets off he may leave by the main exit.”

“That’s what I want,” said Irene.

He gave her the necessary directions. She hurried away, half running. At

last she had perceived the cause of her error. The chief court was only

up one flight of stairs, and she had passed it by in her agitation.

The door and its guardian appeared in sight. But at that moment it was

thrown open and a stream of men issued forth. The recognition of her was

a signal for wild cheering and a rush towards her. She turned to fly.

Someone overtook her, grasped her arm. It was a young barrister, an

acquaintance.

“Let me take you out quietly. You will be mobbed by well-meaning

enthusiasts.”

The news that she was in front had spread. There was a tumult of cheers

behind her. She pressed on with her guide. Her brain reeled. She dared

scarcely ask the reason of the demonstration. In this first moment of

confusion, it was merely significant of her own popularity. The thought

was burning fire. A few steps brought them into the counsels’ and

solicitors’ lobby, at the end of which was quiet. The young man looked

at her glowingly.

“Thank God! They might have hanged an innocent man.”

She stared at him only half comprehending.

“Yes. Don’t you know? Of course--he is acquitted--your evidence----”

The young fellow stopped short, blushed--he was a fair youth and his

white wig made him fairer--realising the delicate ground.

“Yes--my evidence?” replied Irene, pausing. “I have been away from the

court.”

“It knocked the prosecution all of a heap. Hanna threw up the case. The

judge directed a formal verdict. Thank God!”

“Then he is free!”

She staggered under the realisation, leaned for a moment against the

wall. From a little distance off came the noise of voices and footsteps

of people leaving the court. Twos and threes of barristers passed by and

eyed her curiously.

“Let me put you into a cab,” said the young man.

“Thank you--yes,” she faltered.

Taking his arm, faint and dizzy and half-closing her eyes, she allowed

him to lead her by a staircase unused by the public, to the street. As

she entered the cab a few persons recognised her, and set up a cheer and

waved their hats. The cab drove off. The ceaseless, roaring traffic of

Holborn seemed the phantasmagoria of a strange world.

Idols · 第 13 / 25 章