CHAPTER XXXV. THE TRIAL

Scarcely had the town been struck by the large placards announcing the

dreadful murder of Davenport Dunn, which paraded the streets in all

directions, when a second edition of the morning papers brought the

first tidings of the ruin that was to follow that event; and now, in

quick succession, came news that the treasurer of the grand Glengariff

Company had gone off with some fifty thousand pounds; that the great

Ossory Bank had stopped payment; companies on every hand smashing';

misfortune and calamity everywhere. Terrible as was the detail which the

inquest revealed, the whole interest of the world was turned to the less

striking but scarcely less astounding news that society had for years

back been the dupe of the most crafty and unprincipled knave of all

Europe, that the great idol of its worship, the venerated and respected

in all enterprises of industry, the man of large philanthropy and wide

benevolence, was a schemer and a swindler, unprincipled and unfeeling.

The fatal machinery of deception and falsehood which his life maintained

crumbled to ruin at the very moment of his death; he was himself the

mainspring of all fraud, and when he ceased to dictate, the game of

roguery was over. While, therefore, many deplored the awful crime which

had just been committed, and sorrowed over the stain cast upon our age

and our civilization, there arose amidst their grief the wilder and more

heartrending cry of thousands brought to destitution and beggary by this

bold, bad man.

Of the vast numbers who had dealings with him, scarcely any escaped:

false title-deeds, counterfeited shares, forged scrip abounded. The

securities intrusted to his keeping in all the trustfulness of an

unlimited confidence had been pledged for loans of money; vast sums

alleged to have been advanced on mortgage were embezzled without a

shadow of security. From the highest in the peerage to the poorest

peasant, all were involved in the same scheme of ruin, and the great

fortunes of the rich and the hardly saved pittance of the poor alike

engulfed. So suddenly did the news break upon the world that it actually

seemed incredible. It was not alone a shock given to mercantile credit

and commercial honesty, but it seemed an outrage against whatever

assumed to be high-principled and honorable. It could not be denied that

this man had been the world's choicest favorite. Upon _him_ had been

lavished all the honors and rewards usually reserved for the greatest

benefactors of their kind. The favors of the Crown, the friendship and

intimacy with the highest in station, immense influence with the members

of the Government, power and patronage to any extent, and, greater

than all these, because more wide-spread and far-reaching, a sort

of acceptance that all he said and did and planned and projected was

certain to be for the best, and that they who opposed his views or

disparaged his conceptions were sure to be mean-minded and envious

men, jealous of the noble ascendancy of his great nature. And all this

because he was rich and could enrich others! Had the insane estimate of

this man been formed by those fighting the hard battle of fortune, and

so crushed by poverty that even a glimpse of affluence was a gleam of

Paradise, it might have been more pardonable; but far from it. Davenport

Dunn's chief adherents and his primest flatterers were themselves great

in station and rolling in wealth; they were many of them the princes of

the land. The richest banker of all Europe--he whose influence has often

decided the fate of contending nations--was Dunn's tried and trusted

friend. The great Minister, whose opening speech of a session was the

_mot d'ordre_ for half the globe, had taken counsel with him, stooping

to ask his advice, and condescending to indorse his opinions. A proud

old noble, as haughty a member of his order as the peerage possessed,

did not disdain to accept him for a son-in-law; and now the great banker

was to find himself defrauded, the great minister disgraced, and

the noble Lord who had stooped to his alliance was to see his estate

dissipated and his fortune lost!

What a moral strain did not the great monitors of our age pour forth;

what noble words of reproof fell from Pulpit and Press upon the lust

of wealth, the base pursuit of gold; what touching contrasts were drawn

between the hard-won competence of the poor man and the ill-gotten

abundance of the gambler! How impressively was the lesson proclaimed,

that patient industry was a nobler characteristic of a people than

successful enterprise, and that it was not to lucky chances and

accidental success, but to the virtues of truthfulness, order, untiring

labor, and economy, that England owed the high place she occupied

amongst the nations of the earth. All this was, perhaps, true; the only

pity was that the pæan over our greatness should be also a funeral wail

over thousands reduced to beggary and want! For weeks the newspapers had

no other themes than the misery of this man's cruel frauds. Magistrates

were besieged by appeals from people reduced to the last destitution;

public offices crowded with applicants, pressing to know if the titles

or securities they held as the sole guarantees of a livelihood, were

true or false. All confidence seemed gone. Men trembled at every letter

they opened; and none knew whether the tidings of each moment might not

be the announcement of utter ruin.

Until the event had actually occurred, it was not easy to conceive how

the dishonesty of one man could so effectually derange the whole complex

machinery of a vast society; but so it really proved. So intensely had

the money-getting passion taken possession of the national mind, so

associated had national prosperity seemed to be with individual wealth,

that nothing appeared great, noble, or desirable but gold, and the

standard of material value was constituted to be the standard of all

moral excellence: intending to honor Industry, the nation had paid its

homage to Money!

Of all the victims to Dunn's perfidy, there was one who never could be

brought to believe in his guilt This was the old Earl of Glengariff. So

stunned was he by the first news of the murder that his faculties never

rightly recovered the shock, and his mind balanced between a nervous

impatience for Dunn's arrival and a dreary despondency as to his coming;

and in this way he lived for years, his daughter watching over him with

every care and devotion, hiding with many an artifice the painful signs

of their reduced fortune, and feeding with many a false hope the old

man's yearnings for wealth and riches. The quiet old town of Bruges was

their resting-place; and there, amidst deserted streets and grass-grown

pavements, they lived, pitied and unknown.

The “Dunn Frauds,” as by journalist phrase they were now recognized,

formed for months long a daily portion of the public reading, and only

at length yielded their interest to a case before the “Lords,”--the

claim preferred by a Crimean hero to the title of Viscount Lackington,

and of which some successful trials at Bar gave speedy promise of good

result. Indeed, had the question been one to be decided by popular

suffrage, the issue would not have been very doubtful. Through the

brilliant records of “our own correspondent” and the illustrated columns

of a distinguished “weekly,” Charles Conway had now become a celebrity,

and meetings were held and councils consulted how best to honor his

arrival on his return to England. As though glad to turn from the

disparaging stories of fraud, baseness, and deception which Dunn's fall

disclosed, to nobler and more spirit-stirring themes, the nation seemed

to hail with a sort of enthusiasm the character of this brave soldier!

His whole military career was narrated at length, and national pride

deeply flattered by a record which proved that in an age stigmatized by

late disclosures, chivalry and heroism had not died out, but survived in

all their most brilliant and ennobling features. While municipal bodies

voted their freedom and swords of honor, and public journals discussed

the probable rewards of the Crown, another turn was given to popular

interest by the announcement that, on a certain day, Christopher Davis

was to be tried at the Old Bailey for the murder of Davenport Dunn. Had

the hand which took away his life been that of some one brought down

to beggary by his machinations, a certain amount of sympathy would

certainly have been wrung from national feeling. Here, however, if any

such plea existed, no token was given. Davis had maintained, at the

coroner's inquest, a dogged, unbroken silence, simply declaring that he

reserved whatever he meant to say for the time of his trial. He did not

scruple, besides, to exhibit an insolent contempt for a verdict which he

felt could exercise little influence on the future, while to his

lawyer he explained that he was not going to give “Conway's people” the

information that he had so totally failed in securing the documents

he sought for, and his presumed possession of which might induce a

compromise with Beecher.

In vain was he assured that his obstinate refusal to answer the

questions of the jury would seriously endanger his safety by arming

the public mind against him; he sternly resisted every argument on this

score, and curtly said, “There are higher interests at stake than mine

here,--it is my daughter, the Viscountess, is to be thought of, not me.”

Nor did his reserve end there. Through the long interval which preceded

his trial, he confided very sparingly in his lawyer, his interviews with

him being mainly occupied in discussing points of law, what was and what

was not evidence, and asking for a history of such cases--if any there

were--as resembled his own. In fact, it soon appeared that, having

mastered certain details, Davis was determined to conduct his own

defence, and address the jury in his own behalf.

The interest the public takes in a criminal trial is often mainly

dependent on the rank of the persons implicated; not only is sympathy

more naturally attracted to those whose condition in life would seem to

have removed them from the casualties of crime, but, in such cases,

the whole circumstances are sure to be surrounded with features of more

dramatic interest. Now, although Davis by no means occupied that station

which could conciliate such sympathy, he was widely known, and to men of

the first rank in England. The habits of the turf and the ring establish

a sort of acquaintanceship, and even intimacy, between men who have no

other neutral territory in life; and, through these, Davis was on the

most familiar terms with noble lords and honorable gentlemen, who took

his bets and pocketed his money as freely as from their equals.

With these, his indomitable resolution, his “pluck” had made him almost

a favorite. They well knew, too, how they could count upon these same

faculties in any hour of need, and “Old Grog” was the resource in many a

difficulty that none but himself could have confronted.

If his present condition excited no very warm anxiety for his fate, it

at least created the liveliest curiosity to see the man, to watch how he

would comport himself in such a terrible exigency, to hear the sort

of defence he would make, and to mark how far his noted courage would

sustain him in an ordeal so novel and so appalling. The newspapers also

contributed to increase this interest, by daily publishing some curious

story or other illustrating Davis's early life, and, as may be

surmised, not always to his advantage on the score of probity and

honor. Photographers were equally active; so that when, on the eventful

morning, the clerk of the arraigns demanded of the prisoner whether he

pleaded guilty or not guilty, the face and features of the respondent

were familiar to every one in the Court. Some expected to see him

downcast and crestfallen, some looked for a manner of insolent swagger

and pretension. He was equally free from either, and in his calm

but resolute bearing, as he surveyed bench and jury-box, there was

unmistakable dignity and power. If he did not seek the recognitions

of his acquaintances throughout the Court, he never avoided them,

returning the salutations of the “swells,” as he called them, with the

easy indifference he would have accorded them at Newmarket.

I have no pretension to delay my reader by any details of the trial

itself. It was a case where all the evidence was purely circumstantial,

but wherein the most deliberate and deep-laid scheme could be distinctly

traced. With all the force of that consummate skill in narrative which a

criminal lawyer possesses, Davis was tracked from his leaving London

to his arrival at Chester. Of his two hours spent there the most exact

account was given, and although some difficulty existed in proving the

identity of the traveller who had taken his place at that station with

the prisoner, there was the strongest presumption to believe they were

one and the same. As to the dreadful events of the crime itself, all

must be inferred from the condition in which the murdered man was found

and the nature of the wounds that caused his death. Of these, none could

entertain a doubt; the medical witnesses agreed in declaring that life

must have been immediately extinguished. Lastly, as to the motive of

the crime,--although not essential in a legal point of view,--the

prosecutor, in suggesting some possible cause, took occasion to dwell

upon the character of the prisoner, and even allude to some early

events in his life. Davis abruptly stopped this train of argument, by

exclaiming, “None of these are in the indictment, sir. I am here on a

charge of murder, and not for having horsewhipped _you_ at Ascot, the

year Comas won the Queen's Cup.”

An interruption so insulting, uttered in a voice that resounded

throughout the Court, now led to a passionate appeal from the counsel

to the bench, and a rebuke from the Judge to Davis, who reminded him

how unbecoming such an outrage was, from one standing in the solemn

situation that he did.

“Solemn enough if guilty, my Lord, but only irksome and unpleasant to a

man with as easy a conscience as mine,” was the quick reply of Grog,

who now eyed the Court in every part with an expression of insolent

defiance.

The evidence for the prosecution having closed, Davis arose, and with a

calm self-possession addressed the Court:--

“I believe,” said he, “that if I followed the approved method in cases

like the present, I'd begin by expressing the great confidence and

satisfaction I feel in being tried by a Judge so just and a jury so

intelligent as that before me; and then, after a slight diversion as

to the blessings of a good conscience, I 'd give you fifteen or twenty

minutes of pathetic lamentation for the good and great man whose

untimely death is the cause of this trial. Now, I'm not about to do any

of these. Judges are generally upright; juries are, for the most part,

painstaking and fair. I conclude, therefore, that I'm as safe with his

Lordship and yourselves as with any others; and as to Mr. Davenport Dunn

and his virtues, why, gentlemen, like the character of him who addresses

you, the least said the better! Not,” added he, sternly, “that I fear

comparison with him,--far from it; we were both adventurers, each of us

traded upon the weakness of his fellows; the only difference was, that

he played a game that could not but win, while I took my risks like a

man, and as often suffered as I succeeded. _My_ victims--if that's

the phrase in vogue for them--were young fellows starting in life with

plenty of cash and small experience: _his_ were widows, with a miserable

pittance, scarcely enough for support; orphan children, with a thousand

or two trust money; or, as you might see in the papers, poor governesses

eagerly seizing the occasion to provide for the last years of a toilsome

life. But my opinion is you have no concern with _his_ character or with

_mine_; you are there to know how he came by his death, and I 'll tell

you that.”

In a narrative told calmly, without stop or impediment, and utterly free

from a word of exaggeration or a sentiment of passion, he narrated how,

by an appointment, the nature of which he refused to enter upon, he

had met Davenport Dunn on the eventful night in question. The business

matter between them, he said,--and of this, too, he declined to give any

particular information,--had led to much and angry recrimination, till

at length, carried beyond the bounds of all temper and reserve, Davis

rashly avowed that he was in the possession of the secret history of all

Dunn's frauds; he showed, by details the most exact, that he knew how

for years and years this man had been a swindler and a cheat, and he

declared that the time for unmasking him had arrived, and that the world

should soon know the stuff he was made of. “There was, I suspected,”

continued he, “in the red box at my feet a document whose production in

a trial would have saved a friend of my own from ruin, and which Dunn

was then carrying up to London to dispose of to the opponent in the

suit. I affected to be certain that it was there, and I quickly saw by

his confusion that I guessed aright. I proposed terms for it as liberal

as he could wish, equal to any he could obtain elsewhere. He refused my

offers. I asked then to see and read it, to assure myself that it was

the paper I suspected. This, too, he refused. The altercation grew warm;

time pressed, for we were not far from the station where I meant to

stop, and, driven to half desperation, I declared that I 'd smash the

box, if he would not consent to unlock it. I stooped as I said this, and

as my head was bent he drew a pistol and shot me. The ball glanced from

my skull and entered my neck. This is the wound,” said he, baring his

throat, “and here is the bullet. I was scarcely stunned, and I sprang to

my legs and killed him!”.

The sensation of horror the last words created was felt throughout

the Court, and manifested by a low murmur of terror and disgust. Davis

looked around him with a cold, resolute stare, as if he did not shrink

in the least from this show of disapprobation.

“I am well aware,” said he, calmly, “there are many here at this moment

would have acted differently. That lady with the lace veil yonder, for

instance, would have fainted; the noble Lord next the Bench, there,

would have dropped on his knees and begged his life. I see one of the

jury, and if I can read a human countenance, his tells me he 'd have

screamed out for the guard. Well, I have nothing to say against any of

these ways of treating the matter. None of them occurred to _me_, and I

killed him! The Crown lawyer has told you the rest; that I surrendered

myself at once to the police, and never attempted an escape. A legal

friend has mentioned to me that witnesses to character are occasionally

called in cases like the present, and that I might derive benefit from

such testimony. Nothing would be easier for me than this. There is

a noble lord, a member of the Cabinet, knows me long and intimately;

there's a venerable bishop now in town could also speak for me. He

taught me chicken hazard thirty years ago, and I have never ceased to

think affectionately of him. There 's a Judge in the adjoining Court who

was my chum and companion for two years--Well, my Lord, I have done. I

shall call none of them; nor have I anything more to observe.”

The Jury, after a short address from the Judge, retired; and Davis's

lawyer, rising, approached the dock and whispered something to the

prisoner.

“What's the betting?” murmured Grog.

“Even as to the first charge. Two to one for a verdict of manslaughter.”

“Take all you can get for me on the first,” said Grog, “and I'll take

the odds on the other in hundreds. It's a sort of a hedge for me. There,

let's lose no time; they 'll be back soon.”

In a few minutes after this brief conversation, the jury returned into

Court. Their finding was Not Guilty of murder, Guilty of manslaughter

only.

Davis listened to the decision calmly, and then, having pencilled down

a few figures in his note-book, he muttered, “Not so bad, neither; seven

hundred on the double event!” So occupied was he in his calculations,

that he had not heard a recommendation to mercy, which the jury had

appended, though somewhat informally, to their verdict.

“What a pot of money one might have had against that!” said Davis. “Is

n't it strange none of us should ever have thought of it!”

The Judge reserved sentence till he had thought over the recommendation,

and the trial was over.

Davenport Dunn, a Man of Our Day. Volume 2 (of 2) · 第 34 / 35 章