THE SECOND DAY.
Tuesday morning dawned, and before nine o'clock the Nisi Prius court was
more densely packed than on the preceding day: all Westerbury--at least,
as many as could push in--were anxious to hear his lordship's summing
up. At twenty-eight minutes after nine, the javelins of the sheriff's
men appeared in the outer hall, ushering in the procession of the
judges.
The senior judge proceeded to the criminal court; the other, as on the
Monday, took his place in the Nisi Prius. His lordship had his notes in
his hand, and was turning to the jury, preparatory to entering on his
task, when Mr. Serjeant Wrangle rose.
"My lord--I must crave your lordship's permission to state a fact,
bearing on the case, Carr versus Carr. An unexpected witness has arisen;
a most important witness; one who will testify to the abstraction from
the register; one who was present when that abstraction was made. Your
lordship will allow him to be heard?"
Serjeant Siftem, and Mynn and Mynn, and Squire Carr and his son
Valentine, and all who espoused that side, looked contemptuous daggers
of incredulity at Serjeant Wrangle. But the judge allowed the witness to
be heard, for all that.
He came forward; a remarkably handsome boy, at the stage between youth
and manhood. The judge put his silver glasses across his nose and gazed
at him: he thought he recognised those beautiful features.
"Swear the witness," cried some official.
The witness was sworn.
"What is your name?" demanded Serjeant Wrangle.
"Henry Cheveley Arkell."
"Where do you reside?"
"In Westerbury, near the cathedral."
"You are a member of the college school and a chorister, are you not?"
interposed the judge, whose remembrance had come to him.
"A king's scholar, my lord, and senior chorister."
"Were you in St. James's Church on a certain night of last November?"
resumed Serjeant Wrangle.
"Yes. On the twentieth."
"For how long? And how came you to be there?"
"I went in to practise on the organ, when afternoon school was over, and
some one locked me in. I was there until nearly two in the morning."
"Who locked you in?"
"I did not know then. I afterwards heard that it was one of the senior
boys."
"Tell the jury what you saw."
Henry Arkell, amidst the confused scene, so unfamiliar to him, wondered
which was the jury. Not knowing, he stood as he had done before, looking
alternately at the examining counsel and the judge.
"I went to sleep on the singers' seat in the organ-gallery, and slept
until a noise awoke me. I saw two people stealing up the church with a
light; they turned into the vestry, and I went softly downstairs and
followed them, and stood at the vestry door looking in."
"Who were those parties?"
"The one was Mr. George Prattleton; the other a stranger, whose name I
had heard was Rolls. George Prattleton unlocked the safe and gave Rolls
the register, and Rolls sat down and looked through it: he was looking a
long while."
"What next did you see?"
"When George Prattleton had his back turned to the table, I saw Rolls
blow out the light. He pretended it had gone out of itself, and asked
George Prattleton to fetch the matches from the bench at the entrance
door. As soon as George Prattleton had gone for them, a light reappeared
in the vestry, and I saw Rolls place what looked to be a piece of thick
pasteboard behind one of the leaves, and then draw a knife down it and
cut it out. He put the leaf and the board and the knife into his pocket,
and blew out the candle again.
"Did George Prattleton see nothing of this?"
"No. He was gone for the matches, and when he came back the vestry was
in darkness, as he had left it. 'Nothing risk, nothing win; I thought I
could do him,' I heard Rolls say to himself."
"After that?"
"After that, when Mr. George Prattleton came back with the matches,
Rolls lighted the candle and continued to look over the register, and
George Prattleton grumbled at him for being so long. Presently Rolls
shut the book and hurrahed, saying that it was not in, and Mr.
Prattleton might put it up again."
"Did you understand what he meant by 'it.' Can you repeat the words he
used?"
"I believe I can, or nearly so, for I have thought of them often since.
'It's not in the register, Prattleton,' he said. 'Hurrah! It will be
thousands of pounds in our pockets. When the other side brought forth
the lame tale that there was such an entry, we thought it a bag of
moonshine.' I think that was it."
"What next happened?"
"I saw Rolls hand the book to George Prattleton, and then I went down
the church as quietly as I could, and found the key in the door and got
out. I hid behind a tombstone, and I saw them both come from the church,
and Mr. George Prattleton locked it and put the key in his pocket. I
heard them disputing at the door, when they found it open; Rolls accused
George Prattleton of unlocking the door when he went to get the matches;
and George Prattleton accused Rolls of having neglected to lock it when
they entered the church."
"Meanwhile it was you who had unlocked it, to let yourself out?"
"Yes. And I was in too great a hurry, for fear they should see me, to
shut it after me."
"A very nicely concocted tale!" sneered Serjeant Siftem, after several
more questions had been asked of Henry, and he rose to cross examine.
"You would like the court and jury to believe you, sir?"
"I hope all will believe, who hear me, for it is the truth," he
answered, with simplicity. And he had his wish; for all did believe him;
and Serjeant Siftem's searching questions, and insinuations that the
fancied George Prattleton and Rolls were nothing but ghosts, failed to
shake his testimony, or their belief.
The next witness called was Roland Carr Lewis, who had just come into
court, marshalled by the second master. A messenger, attended by a
javelin man, had been despatched in hot haste to the college schoolroom,
demanding the attendance of Roland Lewis. Mr. Roberts, confounded by
their appearance, and perplexed by the obscure tale of the messenger,
that "two of the college gentlemen, Lewis and another, was found to have
had som'at to do with the theft from the register, though not, he
b'lieved, in the way of thieving it theirselves," left his desk and his
duties, and accompanied Lewis. The head master had been in court all the
morning.
"You are in the college school," said Serjeant Wrangle, after Lewis was
sworn, and had given his name.
"King's scholar, sir, and third senior," replied Lewis, who could
scarcely speak for fright; which was not lessened when he caught sight
of the Dean of Westerbury on the bench, next the judge.
"Did you shut up a companion, Henry Cheveley Arkell, in the church of
St. James the Less, one afternoon last November, when he had gone in to
practise on the organ?"
Lewis wiped his face, and tried to calm his breathing, and glared
fearfully towards the bench, but never spoke.
"You have been sworn to tell the truth, the whole truth, and nothing but
the truth, sir, and you must do so," said the judge, staring at his ugly
face, through his glasses. "Answer the question."
"Y--es."
"What was your motive for doing so?" asked Serjeant Wrangle.
"It was only done in fun. I didn't mean to hurt him."
"Pretty fun!" ejaculated one of the jury, who had a timid boy of his own
in the college school, and thought how horrible might be the
consequences should he get locked up in St. James's Church.
"How long did you leave him there?"
"I don't know. I took back the key to the clerk's, and the next morning,
when we went to let him out, he was gone."
"Who is 'we?' Who was with you?" cried Serjeant Wrangle, catching at the
word.
"Mr. George Prattleton. He was at the clerk's in the morning, and I told
him about it, and asked him to get the key, for Hunt would not let me
have it. So he was coming with me to open the church; but Hunt happened
to say that Arkell had just been to his house. He had got out somehow."
When this witness, after a good deal of badgering, was released,
Serjeant Siftem, a bright thought having occurred to him, desired that
the Reverend Mr. Wilberforce might get into the witness-box. The
Reverend Mr. Wilberforce did so; and the serjeant began, in an
insinuating tone:
"The witness, Henry Cheveley Arkell, is under your tuition in the
collegiate school, I assume?"
"He is," sternly replied Mr. Wilberforce, who had not forgotten Serjeant
Siftem's insult of the previous day.
"Would you believe him on his oath?"
"On his oath, or without it."
"Oh, you would, would you?" retorted the Serjeant. "Schoolboys are
addicted to romancing, though."
"Henry Arkell is of strict integrity. His word may be implicitly
trusted."
"I can bear testimony to Henry Arkell's honourable and truthful nature,"
spoke up the dean, from his place beside the judge. "His general conduct
is exemplary; a pattern to the school."
"Henry Cheveley Arkell," roared out the undaunted Serjeant Siftem,
drowning the dean's voice. "I have done with _you_, Mr. Wilberforce." So
the master left the witness-box, and Henry re-entered it.
"I omitted to put a question to you, Mr. Chorister," began Serjeant
Siftem. "Should you know this fabulous gentleman of your imagination,
this Rolls, if you were to see him?"
"Yes," replied Henry. "I saw him this morning as I came into court."
That shut up Serjeant Siftem.
"Where did you see him?" inquired the judge.
"In the outer hall, my lord. He was with Mr. Valentine Carr. But I am
not sure that his name is Rolls," added the witness. "When I pointed him
out to Mr. Fauntleroy, he was surprised, and said that was Richards,
Mynn and Mynn's clerk."
The judge whispered a word to somebody with a white wand, who was
standing near him, and that person immediately went hunting about the
court to find this Rolls or Richards, and bring him before the judge.
But Rolls had made himself scarce ere the conclusion of Henry Arkell's
first evidence; and, as it transpired afterwards, decamped from the
town. The next witness put into the box was Mr. George Prattleton.
"You are aware, I presume, of the evidence given by Henry Cheveley
Arkell," said Serjeant Wrangle. "Can you deny that part of it which
relates to yourself?"
"No, unfortunately I cannot," replied George Prattleton, who was very
down in the mouth--as his looks were described by a friend of his in
court. "Rolls is a villain."
"That is not evidence, sir," said the judge.
"He is a despicable villain, my lord," returned the witness, giving way
to his injured feelings. "He came to Westerbury, pretending to be a
stranger, and calling himself Rolls, and I got acquainted with him; that
is, he scraped acquaintance with me, and we were soon intimate. Then he
began to make use of me; he asked if I would do him a favour. He wanted
to get a private sight of the register in St. James's Church. So I
consented, I am sorry to say, to get him a private sight; but I made the
bargain that he should not copy a single word out of it, and of course I
meant to be with him and watch him."
"Did you know that his request had reference to the case of Carr versus
Carr?" inquired Serjeant Wrangle.
"No, I'll swear I did not," retorted the witness, in an earnest tone,
forgetting, probably, that he was already on his oath. "He never told me
why he wanted to look. He would go in at night: if he were seen entering
the church in the day, it might be fatal to his client's cause, was the
tale he told; and I am ashamed to acknowledge that I took him in at
night, and suffered him to look at the register. I have heard to-day
that his name is Richards."
"You knew where the key of the safe was kept?"
"Yes; I was one day in the church with the Reverend Mr. Prattleton, and
saw him take it from its place."
"Did you see Rolls (as we will call him) abstract the leaf?"
"Of course I did not," indignantly retorted the witness. "I suddenly
found the vestry in darkness, and he got me to fetch the matches, which
were left on the bench at the entrance door. It must have been done
then. Soon after I returned he gave me back the register, saying the
entry he wanted was not there, and I locked it up again. When we got to
the church door we were astonished to find it open, but----"
"But did you not suspect it was opened by one who had watched your
proceedings," interrupted the judge.
"No, my lord. Rolls left the town the next morning early; when I went to
find him he was gone, and I have never been able to see him since.
That's all I know of the transaction, and I can only publicly repeat my
deep regret and shame that I should have been drawn into such a one."
"Drawn, however, without much scruple, as it appears," rebuked the
judge, with a severe countenance. "Allow me to ask you, sir, when it was
you first became acquainted with the fact that a theft had been
perpetrated on the register?"
Mr. George Prattleton did not immediately answer. He would have given
much not to be obliged to do so: but the court wore an ominous silence,
and the judge waited his reply.
"The day after it took place, Arkell, the college boy, came and told me
what he had seen, but----"
"Then, sir, it was your duty to have proclaimed it, and to have had
steps taken to arrest your confederate, Rolls," interrupted the stern
judge.
"But, my lord, I did not believe Arkell. I did not indeed," he added,
endeavouring to impart to his tone an air of veracity, and therefore--as
is sure to be the case--imparting to it just the contrary. "I could not
believe that Rolls, or any one else in a respectable position, such he
appeared to occupy, would be guilty of so felonious an action."
"The less excuse you make upon the point, the better," observed the
judge.
For some few minutes Serjeant Siftem and his party had been conferring
in whispers. The serjeant, at this stage, spoke.
"My lord, this revelation has come upon my instructors, Mynn and Mynn,
with, the most utter surprise, and----"
"The man, Rolls, or Richards, is really clerk to Mynn and Mynn, I am
informed," interrupted the judge, in as significant a tone as a
presiding judge permits himself to assume.
"He was, my lord; but he will not be in future. They discard him from
this hour. In fact, should he not make good his escape from the country,
which it is more than likely he is already endeavouring to effect, he
will probably at the next assizes find himself placed before your
lordship for judgment, should you happen to come this circuit, and
preside in the other court. But Mynn and Mynn wish to disclaim, in the
most emphatic manner, all cognizance of this man's crime. They----"
"There is no charge to be brought against Mynn and Mynn in connexion
with it, is there?" again interposed the judge.
"Most certainly not, my lord," replied the counsel, in a lofty tone,
meant to impress the public ear.
"Then, Brother Siftem, it appears to me that you need not take up the
time of the court to enter on their defence."
"I bow to your lordship's opinion. Mynn and Mynn and their client,
Squire Carr, are not less indignant that so rascally a trick should have
been perpetrated than the public must be. But this evidence, which has
come upon them in so overwhelming a manner, they feel they cannot hope
to confute. I am therefore instructed to inform your lordship and the
jury, that they withdraw from the suit, and permit a verdict to be
entered for the other side."
"Very good," replied the judge.
And thus, after certain technicalities had been observed, the
proceedings were concluded, and the court began to empty itself of its
spectators. For once the RIGHT had prospered. But Westerbury held its
breath with awe when it came to reflect that it was the revengeful act
of Roland Carr Lewis, that locking up in the church, which had caused
his family to be despoiled of the inheritance they had taken to
themselves!
The Reverend Mr. Wilberforce laid hold of Henry Arkell, as he was
leaving the Guildhall. "Tell me," said he, but not in an angry tone,
"how much more that is incomprehensible are you keeping secret, allowing
it to come out to me piecemeal?"
Henry smiled. "I don't think there is any more, sir."
"Yes, there is. It is incomprehensible why you should not have disclosed
at the time all you had been a witness to in the church. Why did you
not?"
"I could not speak without compromising George Prattleton, sir; and if I
had, he might have been brought to trial for it."
"Serve him right too," said Mr. Wilberforce.
Presently Henry met the dean, his daughter, Frederick St. John, and Lady
Anne. The dean stopped him.
"What do you call yourself? A lion?"
Henry smiled faintly.
"I think you stand a fair chance of being promoted into one. Do you know
what I wished to-day, when you were giving your evidence?"
"No, sir."
"That you were my own son."
Henry involuntarily glanced at Georgina, and she glanced at him: her
face retained its calmness, but a flush of crimson came over his. No one
observed them but Mr. St. John.
"I want you at the deanery to-night," continued the dean, releasing
Henry. "No excuse about lessons now: your fall on Sunday has given you
holiday. You will come?"
"Yes, sir."
"I mean to dinner--seven o'clock. The judges will be there. The one who
tried the cause said he should like to meet you. Go and rest yourself
until then."
"Thank you, sir. I will come."
Georgina's eyes sparkled, and she nodded to him in triumph a dozen
times, as she walked on with the dean.
Following in the wake of the dean's party came the Rev. Mr. Prattleton.
Henry approached him timidly.
"I hope you will forgive me, sir. I could not help giving my evidence."
"Forgive you!" echoed Mr. Prattleton; "I wish nobody wanted forgiveness
worse than you do. You have acted nobly throughout. I have recommended
Mr. George to get out of the town for a while; not to remain in it in
idleness and trouble my table any longer. He can join his friend Rolls
on the continent if he likes: I understand he is most likely off
thither."
The fraud was not brought home to the Carr family. It was indisputably
certain that the squire himself had known nothing whatever of it: had
never even been aware that the marriage was entered on the register of
St. James the Less. Whether his sons Valentine and Benjamin were equally
guiltless, was a matter of opinion. Valentine solemnly protested that
nothing had ever been told to him; but he did acknowledge that Richards
came to him one evening, and said he thought the cause was likely to be
imperilled by "certain proceedings" that the other side were taking. He,
Valentine Carr, authorized him to do what he could to counteract these
proceedings (only intending him to act in a fair manner), and gave him
carte blanche in a moderate way for the money that might be required. He
acknowledged to no more: and perhaps he had no more to acknowledge:
neither did he say _how much_ he had paid to Richards. Benjamin treated
the whole matter with contempt. The most indignant of all were Mynn and
Mynn. Really respectable practitioners, it was in truth a very
disagreeable thing to have been forced upon them; and could they have
got at their ex-clerk, they would willingly have transported him.
And Mr. Fauntleroy, in the flush of his great victory, in the plenitude
of his gratitude to the boy whose singular evidence had caused him to
win the battle, went down that same day to Peter Arkell's and forgave
him the miserable debt that had so long hampered him. For once in his
life, the lawyer showed himself generous. People used to say that such
was his nature before the world hardened him.
So, taking one thing with another, it was a satisfactory termination to
the renowned cause, Carr versus Carr.
It was a large state dinner at the deanery. But the chief thing that
Henry Arkell saw at it was, that Mr. St. John sat by Georgina Beauclerc.
The judges--who did not appear in their wigs and fiery gowns, to the
relief of private country individuals of wide imaginations, that could
not usually separate them--were pleasant men, and their faces did not
look so yellow by candle-light. They talked to Henry a great deal, and
he had to rehearse over, for the general benefit, all the scene of that
past night in St. James's Church. Mrs. Beauclerc, usually so
indifferent, was aroused to especial interest, and would not quit the
theme; neither would Lady Anne St. John, now visiting at the Palmery,
and who was present with Mrs. St. John.
But Georgina--oh, the curious wiles of a woman's heart!--took little or
no notice of Henry. They had been for some time in the drawing-room
before she came near him at all--before she addressed a word to him. At
dinner she had been absorbed in Mr. St. John: gay, laughing, animated,
her thoughts, her words, were all for him. Sarah Beauclerc, conspicuous
that night for her beauty, sat opposite to them, but St. John had not
the opportunity of speaking to her, beyond a passing word now and again.
In the drawing-room, no longer fettered--though perhaps the fetters had
been willing ones--St. John went at once to Sarah, and he did not leave
her side. Ah! Henry saw it all: both those fair girls loved Frederick
St. John! What would be the ending?
Georgina sat at a table apart, reading a new book, or appearing to read
it. Was she covertly watching that sofa at a distance? It was so
different, this sitting still, from her usual restless habits of
flitting everywhere. Suddenly she closed her book, and went up to them.
"I have come to call you to account, Fred," she began, speaking in her
most familiar manner, but in a low tone. "Don't you see whose heart you
are breaking?"
He had been sitting with his head slightly bent, as he spoke in a
whisper to his beautiful companion. Her eyes were cast down, her fingers
unconsciously pulled apart the petals of some geranium she held; her
whole attitude bespoke a not unwilling listener. Georgina's salutation
surprised both, for they had not seen her approach. They looked up.
"What do you say?" cried St. John. "Breaking somebody's heart? Whose?
Yours?"
She laughed in derision, flirting some of the scent out of a golden
phial she had taken up. "Sarah, _you_ should have more consideration,"
she continued. "It is all very well when Lady Anne's not present, but
when she _is_--There! you need not go into a flaming fever and fling
your angry eyes upon me. Look at Sarah's face, Mr. St. John."
Mr. St. John walked away, as though he had not heard. Sarah caught hold
of her cousin.
"There is a limit to endurance, Georgina. If you pursue this style of
conversation to me--learnt, as I have repeatedly told you, from the
housemaids, unless it is inherent," she added, in deep scorn--"I shall
make an appeal to the dean."
"Make it," said Georgina, laughing. "It was too bad of you, Sarah, with
his future wife present. She'll go to bed and dream of jealousy."
Quitting her cousin, she went straight up to Henry Arkell. "Why do you
mope like this?" she cried.
"Mope!" he repeated.
He had been at another table leaning his head upon his hand. It was
aching much: and he told her so.
"Oh, Harry, I am sorry; I forgot your fall. Will you sing a song?"
"I don't think I can to-night."
"But papa has been talking to the judges about it. I heard him say your
singing was worth listening to. I suppose he had been telling them all
about you, and the whole romance, you know, of Mrs. Peter Arkell's
marriage, for one of them--it was the old one--said he used to be
intimate with her father, Colonel Cheveley. Here comes the dean! that's
to ask you to sing."
He sat down at once, and sang a song of the day. Then he went on to one
that I dare say you all know and like--"Shall I, wasting in despair." At
its conclusion one of the judges--it was the old one, as Georgina
irreverently called him--came to him at the piano, and asked if he could
sing Luther's Hymn.
A few chords by way of prelude, lasting some few minutes, probably
played to form a break between the worldly song and the sacred one--for
if anyone was ever endowed with an innate sense of what was due to
sacred things, it was Henry Arkell--and then the grand old hymn, in all
its beautiful simplicity, burst upon their ears. Never had it been done
greater justice to than it was by that solitary college boy. The room
was hushed to stillness; the walls echoed with the sweet sounds; the
solemn words thrilled on the listeners' hearts, and the singer's whole
soul seemed to go up with them. Oh, how strange it was, that the judge
should have called for that particular, sacred song!
The echoes of it died away in the deepest stillness. It was broken by
Henry himself; he closed the piano, as if nothing else must be allowed
to come after that; and the tacit mandate was accepted, and nobody
thought of inquiring how he came to assume the liberty in the dean's
house.
Gradually the room resumed its humming and its self-absorption, and
Georgina Beauclerc, under cover of it, went up to him.
"How could you make the excuse that your head was aching? None, with any
sort of sickness upon them, could sing as you have just done."
"Not even with heart sickness," he answered.
"Now you are going to be absurd again! What do you mean?"
"To-night has taught me a great deal, Georgina. If I have been foolish
enough--fond enough, I might say--to waver in my doubts before, that's
over for ever."
"So much the better; you will be cured now."
She had spoken only lightly, not meaning to be unkind or unfeeling; but
she saw what she had done, by his quivering lip. Leaning across him as
he stood, under cover of showing him something on the table, she spoke
in a deep, earnest tone.
"Henry, you know it could never be. Better that you should see the truth
now, than go on in this dream of folly. Stay away for a short while if
you will, and overget it; and then we will be fast friends as before."
"And this is to be the final ending?"
She stole a glance round at him, his voice had so strange a sound in it.
Every trace of colour had faded from his face.
"Yes; it is the only possible ending. If you get on well and become
somebody grand, you and I can be as brother and sister in after life."
She moved away as she spoke. It may be that she saw further trifling
would not do. But even in the last sentence, thoughtlessly though she
had spoken it, there was an implied consciousness of the wide difference
in their social standing, all too prominent to that sensitive ear.
A minute afterwards St. John looked round for him, and could not see
him.
"Where's Henry Arkell?" he asked of Georgina.
She looked round also.
"He is gone, I suppose," she answered. "He was in one of his stupid
moods to-night."
"That's something new for him. Stupid?"
"I used the word in a wide sense. Crazy would have been better."
"What do you mean, Georgina?"
"He is a little crazy at times--to me. There! that's all I am going to
tell you: you are not my father confessor."
"True," he said; "but I think I understand without confession. Take
care, Georgina."
"Take care of what?"
"Of--I may as well say it--of exciting hopes that are most unlikely to
be realized. Better play a true part than a false one."
She laughed a little saucy laugh.
"Don't you think I might turn the tables and warn you of that? What
false hopes are you exciting, Mr. St. John?"
"None," he answered. "It is not in my nature to be false, even in
sport."
Her laugh changed to one of derision; and Mr. St. John, disliking the
sound, disliking the words, turned from her, and joined the dean, who
was then deep in a discussion with one of the judges.