LIFE OR DOOM?

The prisoner, re-entering after the adjournment for lunch, found himself

idly wondering whether, when next he should pass through the dock gate,

it would be as a free man or as one whose days were numbered. Then,

amid the intense hush that followed on his appearance, he heard his

counsel opening his address to the jury, which, put into a good humour

by a few deft if stereotyped compliments, began to think that after all

there might be a good deal to be said on the side of the defence.

Before brushing aside the flimsy testimony which seemed to tell against

the accused, for the prosecution had relied upon quantity to

counterbalance an utter absence of quality, began Mr Windgate, he would

show what manner of man it was whom they were asked to convict of the

gravest crime known to the law. It was all very well for the

prosecution to contend that a gentleman in his client's position was as

liable to commit crime as--say the historic Mr William Sikes. His own

experience--perhaps fully equal to that of his learned brother

opposite--was wholly against any such theory.

Then Mr Windgate launched forth into a brilliant panegyric of the

accused, extolling his virtues in every capacity, public and private.

Then he proceeded to deal with the evidence bit by bit, and as this

involved a long repetition of all that has gone before, we shall not

follow him through it. Suffice it to say that he handled his points

with consummate skill.

When he came to Johnston his scorn was beautiful to behold. This

fellow, who had eaten the bread of the accused and of his father before

him for a number of years, had gone into the box with the most

bare-faced and unblushing effrontery, and confessed to having played the

part of a crawling serpent, a part whose loathsomeness, he, Mr

Windgate, could find no terms adequately to stigmatise. What could the

evidence of such a creature be worth? Why, nothing--less than nothing.

But it was abundantly shown that the fellow harboured the greatest

ill-will towards his master, who had frequently found fault with him for

incivility, which, judging from his impudent demeanour in Court, was

little to be wondered at. Then when he had grossly insulted his

master's wife, Mr Dorrien, very rightly in the speaker's opinion, had

discharged him summarily. So he swore to be revenged on his master--

threatened him, as they had heard. A pretty witness this, to swear away

a man's life! Justice in England must be coming very low if such

instruments as this could be capable of swaying her course. But, as a

matter of fact, such was not the case. He could tell them that it was

intended to institute proceedings against Johnston for wilful perjury,

but that was by the way.

As for Devine, here, too, was a tainted witness, a corrupt witness, in

fact. He, too, was known to bear a strong grudge against the accused,

which, considering that he owed his comfortable place to Mr Dorrien's

influence--which his employer, it was to be hoped, would not suffer him

to retain--was quite sufficient to show what sort of person he was.

This precious rascal, then, had come into Court with a cock-and-bull

story about witnessing a crime at Smugglers' Ladder. Why, it was the

most bare-faced, as well as clumsy, attempt at a diabolical conspiracy

ever known--diabolical, because without motive, unless the motive were

to shield himself, for if he, Devine, was there at all at that hour, his

own presence needed explaining. It sickened him, Mr Windgate, to think

that it was even necessary to defend such a case--a case bolstered up

mainly by two witnesses of infamous character, whose evidence, even if

true, was that of midnight spies. Who saw Devine at Smugglers' Ladder

at all that night, and what is the bare statement of a man of Devine's

record worth? Not the millionth fraction of a farthing.

After heaping up a good deal more denunciatory scorn upon these two and

their testimony, he came to Pollock's evidence. He had no wish to

impute _mala fides_ to a man of known honesty. Still, honest men were

mistaken sometimes. This matter of identity rested upon evidence very

shadowy. As to recognising the accused when he saw Durnford by

lamplight on the beach, he, the speaker, prayed them to receive this

statement with the greatest possible reserve. Here was the rector of

Wandsborough and his curate, Mr Turner, both of whom were far better

acquainted with the accused's appearance than the witness Pollock, yet

both these gentlemen had unhesitatingly sworn not only that they utterly

failed to identify the prisoner in Robert Durnford, but that the barest

suspicion as to such identity had never crossed their minds--and had not

done so from that day to this. And further--here he begged the jury to

give him all their attention--the lady rescued by Durnford was Dr

Ingelow's daughter. She was at that time, to her credit be it said,

something more than interested in his client, whose wife she

subsequently became, a fact which precluded her from giving valuable

evidence on Mr Dorrien's behalf. Was it likely then, he asked, that

this estimable lady would have kept silence these two years and a half

as to who her rescuer really was--that she should never have mentioned

the fact to her own father, with whom she had ever been on the most

dutiful and affectionate terms? Why, of course it was not. He put it

to them as sensible men--fathers themselves, most probably--and so on.

"By Jove! Windgate's scored a point there, Rogers," whispered the

sporting junior. "If only he can squash the envelope business!"

But this was just what he could not--and Mr Windgate knew it himself.

He tried his best though, as also with the other damning points. At

last his speech came near its close.

The evidence, he continued, consisted of a series of mere coincidences--

one or two of them, it might be, a little remarkable, but--coincidences.

The time had gone by in this country, he thanked Heaven, when men were

convicted on purely circumstantial evidence. As for the motive which

the prosecution had evolved, it was, he made bold to say, the veriest

mare's nest. Why, several of the most reliable witnesses had stated on

oath that there wae no ill-will between the two brothers, and that on

the whole they were on good terms. He wae not there to defend the

absent Durnford, since it was abundantly proved that with that

mysterious personage his client had nothing whatever to do, but he would

just remark that in the conflicting evidence in the matter of the hall

clock and the maid-servant's watch, it was merely oath against oath--and

that nothing was more confusing than differences in time. The witness

Grainger had utterly failed to identify the accused. Under the

prosecution's very bewildering cross-examination he had, it was true,

been afflicted with a temporary misgiving, but that was perfectly

natural under the circumstances. So against two rogues, and one honest

man, who could not be quite sure as to his statements, they had the

positive evidence of Dr Ingelow and Mr Turner against the identity.

That was to say, the two witnesses in this case to whom the accused had

always been best known. And all the side evidence made for his client.

"Gentlemen," he concluded, in his most impressive manner, "I now call

upon you honourably to acquit my client. Remember, with you rests the

most awful responsibility which can be laid upon the shoulders of mortal

men--the life or death of a fellow creature. You must either honourably

acquit him or doom him to an ignominious death. There is no middle

course--absolutely none."

"Good old phrase that," muttered the sporting junior, chuckling inwardly

over the scared look on the wooden faces of the twelve intelligent

Englishmen.

"--Therefore, I call upon you to record your true sentiments, the

sentiments of upright and true Englishmen, and to acquit with honour my

client, to restore a wronged but high-minded gentleman to his family--to

a fond wife, whose affliction during these terrible weeks I dare not

imagine--to that neighbourhood which is anxiously waiting to receive him

back with acclamation--to a long, benevolent, and useful life, which he

has already begun most signally to adorn.

"Gentlemen, I leave my client in your hands with perfect confidence as

to the result."

A few moments of silence, and then the Crown counsel, who had been, to

all outward appearance, intently studying his brief, rose.

The prisoner in the dock, he proceeded to say, was of a class whose

members, happily, in this country, seldom filled that unfortunate

position. He was a gentleman of affluence, more or less known to them

all, and holding a high and influential station. They might reason that

on that account, if any man was free from all temptation to such a crime

as the one under their consideration, that man would be the prisoner

before them. But this was precisely what they must not do. He, the

learned counsel, could assure them that human nature in this respect was

marvellously similar. All his experience--and it had not been

inconsiderable--went to confirm him in that opinion.--And so on.

Then he proceeded to draw a graphic and rather harrowing picture of the

disappearance of the deceased and the terrible blow to the feelings of

his relatives which this re-opening of their grief must prove, going on

to dissect the evidence bit by bit.

"The identity of the prisoner with the stranger known as Robert Durnford

is as clear as daylight," proceeded Mr Benham. "You will notice that

the persons who saw through this disguise were those to whom he was or

had been best known. Andrew Johnston, an old family servant, recognised

him at once. Stephen Devine, formerly a labourer on the Cranston

estate, and since gamekeeper to Colonel Neville--both these men had had

abundant opportunities of being acquainted with the prisoner's

appearance. Their suspicions aroused, they took further occasion to

observe the so-called Durnford, with the result that those suspicions

were fully confirmed. To this they had sworn--again and again. Then

there is James Pollock, a man of the greatest respectability--to him

Roland Dorrien was not so well known as to the other witnesses

mentioned, yet, being a man of keen perceptions, he had recognised him.

Not the first time, indeed--though even then the voice had struck upon

his ears as familiar. But on the second occasion of their being brought

together, meeting with the so-called Durnford on the occasion of Miss

Olive Ingelow's rescue from drowning, he saw through his disguise at a

glance, and in the man he had met coming away from Smugglers' Ladder,

between nine and half-past on the evening of the murder, he recognised

the prisoner, Roland Dorrien. Now here are three persons who distinctly

swear to the identity between these two. Nor is that all. There is

Joseph Grainger, the waiter at `The Silver Fleece,' at the time of

Durnford's stay at that inn. He comes here. He sees the prisoner in

his normal costume and wearing his ordinary aspect, and he does not

recognise him--at first. Indeed, he even goes so far as to emphasise

the statement. But memory will not be cheated. As he stands there, the

striking similarity of the accused to the pseudo-Durnford recalls itself

to his mind, and he is dumbfounded. Gentlemen, you saw him--his air of

utter astonishment, almost of awe, as he looked at the prisoner. You

witnessed his refusal to swear to the two men being different. That is

enough. Sensible men like yourselves can draw but one inference.

"Now as to the time at which Durnford returned to `The Silver Fleece,'

there is a conflict of testimony, but a perfectly reconcilable one. The

waiter swears to the guest's return at five-and-twenty minutes to ten.

The maid-servant, Jane Flinders, swears with equal certitude to hearing

Durnford come in at a quarter-past ten, and more than half the issue

turns on this point. But, gentlemen, bear this in mind. The waiter

Grainger was asleep. When he awoke, Durnford had already _passed_ the

hall clock, which then marked the hour of nine thirty-five. Durnford

could reach the clock, be it remembered. But he could not reach Jane

Flinders' watch. Gentlemen, you will draw your own conclusions. One

more point in connection with this. Pollock's evidence proves that he

met the stranger on the cliff, close to Smugglers' Ladder, at half-past

nine. But the stranger is back in his hotel at Battisford by

five-and-twenty minutes to ten. That is to say, he covers in five or

ten minutes a distance which it has been proved by the most competent

testimony could hardly be covered in five-and-thirty. And then, when

Grainger asks him if he returned by way of the cliffs, he appears

surprised, and would have the other believe him unaware of there being

any way by the cliffs.

"My learned friend here has seen fit to make merry over the articles

which infallibly connect the prisoner with this mournful tragedy, but

these articles, small, trivial though they may be in themselves, are of

the very last importance. First, there is the A.B.C. time-table.

Roland Dorrien goes into a tavern in the Strand, looking very strange

and excited, and asks for an A.B.C. It is purchased for him. He

searches it, marks the Wandsborough train, turns down a corner of the

page and--leaves the book behind him when he goes out. This is about a

week before the murder--the waiter, Newton, cannot be sure of the date.

But--and observe this--the very train marked in that time-table is the

one by which Robert Durnford arrives at Battisford. On the 21st January

Roland Dorrien gives up his lodgings at Mrs Clack's. He leaves London

early in the morning. Late in the afternoon of that day Robert Durnford

arrives at Battisford. From that time until he leaves Wandsborough

church on the night of the 22nd, Durnford's movements are accounted for.

Then, passing over for the moment Devine's evidence, he is met by James

Pollock coming away from Smugglers' Ladder, not many minutes after

Hubert Dorrien is--well `falls' into that chasm. And on the very scene

of the tragedy James Pollock picks up this envelope which has been

handed to you, directed--not to Robert Durnford but undoubtedly to

Roland Dorrien. And where? At a London address incontestably. And the

address subsequently given to Dr Ingelow by the pseudo-Durnford is a

London postal address. Now for the matchbox. The day after the

deceased's disappearance, Eustace Ingelow, the prisoner's

brother-in-law, a young gentleman who by common knowledge is devoted to

his relative, and not likely knowingly to injure him in any way, picks

up this matchbox, which is of peculiar make, and to which he can swear

as being the prisoner's property. Where does he find this article!

Why, at the bottom of this chasm, at the very spot where the deceased

met his death.

"And now you will ask what motive could have been strong enough to lead

this man to the black and abhorrent crime of fratricide. Well, even

here the network of evidence is as complete as elsewhere. That motive,

gentlemen, the prosecution has been able to supply. It has been shown

that the prisoner had quarrelled with his father, and was in fact

disinherited. Herein," continued the learned counsel, putting on his

most sad and sorrowful expression, "came the passion of jealousy.

Furthermore, he had found reason to suppose, from some most deplorable

and unguarded statements on the part of Grainger, that his brother had

dealt him a blow which, if true, amounted to a stab in the dark--in that

he had set to work to damage his reputation in Wandsborough and the

neighbourhood. This being so, what more likely than that a man of the

prisoner's temper and character should at once seek to be revenged? How

he and his brother had come together was just one of those unimportant

links in the dark chain which it was beyond their power to connect. The

important fact was that they had come together--the evidence of Stephen

Devine and others was amply sufficient to establish that."

Then Mr Benham proceeded to comment on the evidence of Devine, who with

his own eyes had seen the deed done. He explained away the witness'

reluctance to divulge it during these years as a perfectly natural

thing; laid stress on the straightforwardness and ring of truth which

characterised the man's statement, and how his tale in its plain,

unvarnished simplicity had more than triumphantly stood the test of his

learned brother's most skilful cross-examination. In short, he drew the

web of damning circumstances closer and closer around the accused, till

there was not a flaw in the enthralling network. Then, with some

conventional rhetoric about "terrible charge," "man in prisoner's

position," "truly painful duty which, painful as it was, he dared not

shirk," the heart-broken Mr Benham resumed his seat, complacently

conscious of having earned his not unhandsome fee.

Then the judge began to sum up.

The learned counsel for the prosecution, he said, had very properly

impressed upon the jury that they must lose sight of any such side issue

as class-distinction, and form their opinion of the case by the light of

hard, cold reason and the dry facts of the evidence. That evidence they

had had put before them in the most careful and patient manner, and it

was his own especial function, said his lordship, to explain the law on

the subject of such of it as appeared conflicting.

For upwards of an hour the judge continued, weighing the arguments of

both counsel in calm, dispassionate and masterly fashion. But whether

his lordship was against the prisoner or not, it puzzled the public to

discern. His charge was a pattern of impartiality no less than of

lucidity. But the substance of it was now adverse, now favourable.

One of the most regrettable features of the trial, continued his

lordship, was that there had been next to no defence whatever. No

attempt had been made to prove an _alibi_. If the prisoner had not been

near the neighbourhood at the time of his brother's disappearance,

surely there should be no great difficulty in obtaining evidence to that

effect. But no such evidence had been put forward. The question of

identity played a very important part indeed in this case. If the jury

believed the evidence of Johnston, Devine and Pollock, they would

consider the identity proved. But Johnston was a discharged servant,

and the evidence of such against a former employer was always to be

received with extreme caution, and in his case the greatest animus was

shown to have been entertained by him against the prisoner. Devine was

a man of notoriously bad character, but he appears to have had no real

motive for injuring the accused. But James Pollock was altogether

different from both of these witnesses. He was a man of the highest

respectability; a man of keen intelligence, resource and courage, in

short, a type of that most admirable body of men, the seafaring toilers

of our coasts. This man then had seen through the disguise of the

pseudo-Durnford, and under it had seen the identity of the prisoner,

Roland Dorrien. The piece of envelope put forward, bearing as it did

nearly the complete name of the prisoner, and part of a London address,

was to his lordship's mind the completing link in the chain of identity.

Down went the hopes of the prisoner's friends, down to zero. The judge

was summing up dead against him.

"To turn again to Stephen Devine," went on his lordship. "Here is a man

who testifies to witnessing with his own eyes the perpetration of a

deliberate act of murder. Alone, and in the dead of night, he stands as

a spectator of this terrible deed--then calmly walks away, and for

upwards of two years keeps silent on the subject. As the learned

counsel for the defence has aptly pointed out, before you can convict a

man of a murder you must be quite sure that a murder has been committed.

The question is, are you quite sure on this point? That the dead man,

Hubert Dorrien, met his end in the place known as Smugglers' Ladder, has

been established beyond a doubt. But how did he get in there? Did he

fall in, or was he pushed in? If there is any doubt in your minds upon

that head, why then, gentlemen, you are not merely entitled, but are

bound to give the accused the benefit of it. You have evidence in

plenty that the prisoner was near the spot--that is, to my mind, clear

beyond dispute. But that he pushed his brother into this cleft you have

the evidence of but a single eye-witness, and that witness, to my mind,

a tainted one."

Now the hope of an acquittal ran high. The judge was again favourable

to the accused all along the line, it seemed. As for the prisoner

himself, for the second time a ray of hope dawned within his soul, only

to be dashed as before.

If then, continued his lordship, they believed the evidence of Devine,

they would convict the prisoner; if they disbelieved that evidence they

would acquit him. There was no middle course. What had been a long and

elaborate trial had, after all, winnowed itself down to a very simple

issue, and that was the trustworthiness, or the reverse, of one witness,

because upon that, and that alone, depended whether any murder had been

committed at all.

So now, being in possession of all the facts of the case, his lordship

trusted that they would most carefully confer among themselves and

return their verdict according to the solemn oath they had taken--

without fear, favour or affection.

The jury retired to their private room to deliberate, and once more the

murmur of voices arose among the audience, but it was a very subdued

one. The expectation--the awe of the moment--was upon that

densely-packed throng, and for a while light and careless talk was

hushed. Such conversation as there was bore upon the probable verdict,

and it was the opinion of the audience that it would be an adverse one.

Meanwhile the prisoner had been removed, pending the return of those who

should decide his fate.

Half an hour went by, and at length the door opened. Ah--now for it!

But no. One of the intelligent jurymen wished to ask his lordship

whether in the event of them not being satisfied as to the identity,

they could convict Durnford and acquit the prisoner. He was answered

with exemplary patience, and the door closed again. The Bar lifted its

eyebrows--such of it as was able to keep from sniggering, that is.

The light of the setting sun streamed in at the windows, throwing its

soft gleam upon the serried rows of anxious faces. And the accused--of

what was he thinking? Was it of his beautiful home, which it was only

too probable he would never enter again? Or was it of her whose first

vows just such a golden sunbeam as this had fallen on and hallowed and

witnessed?

At length the door opened a second time, and the jury came forth. It

was noticeable that the prisoner, who had been hurriedly put back into

the dock, did not even glance in their direction, but continued to look

straight in front of him.

"Gentlemen, are you all agreed upon your verdict?"

"We are."

The official's voice had a vague, far-away ring in Roland's ears as it

continued:

"How find you the prisoner? Guilty or Not Guilty?"

"We find him--Guilty."

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