Chapter 4: The Trial.

There were three magistrates on the bench on the following morning,

when Reuben was brought up. The justice room was crowded, for the

series of burglaries had caused some excitement; and the news that

the house of Mr. Ellison had been broken into, and that one of the

men who had been taken turned out to belong to Lewes, had created

quite a sensation.

Mr. Ellison was the first to give his evidence. He testified that,

on waking on the previous morning, he found that someone had been

in his room during the night. He was not in the habit of locking

his door, and had not been awakened. He found that a box which

stood on the dressing table, containing some valuable jewelry, was

gone; that his watch and that of Mrs. Ellison had been taken; that

the drawers had been opened, and a case containing the more

valuable jewels of his wife had also been abstracted. This was not

discovered till afterwards. He first missed his watch.

He rang the servants up, for it was still early; and it was then

discovered that the lower premises had been broken into, the plate

chest in the butler's pantry broken open, and a large quantity of

plate stolen.

"What do you estimate the value of the articles stolen, Mr.

Ellison?"

"The value of my wife's jewels I should put down, roughly, at two

thousand pounds; the silver plate might have been worth three

hundred more; the watches and other articles, so far as I yet miss

them, say another hundred."

The servants proved that they found the kitchen window open, on

going downstairs. It had been opened by the catch being forced

back. It was not the custom to put up shutters. The pantry door,

which was a strong one, had been cut with a saw round the lock. The

butler testified to the plate having been safe, the night before,

and the strong chest in which it was kept having been forced open.

Directly it was discovered, the constable of the village was placed

in charge of the room, with orders to admit no one; and a man on

horseback was sent off to Lewes, to the chief constable. The

village constable gave evidence as to the state of the place, when

he was put in charge.

The constable who had been sent over from Lewes then stepped into

the witness box. He testified to the marks of entry of the thieves,

and said that the manner in which they had gone to work, and in

which the door had been sawn through, and the chest forced open,

seemed to show that it was the work of practised hands. On

examining closely the butler's pantry, he found a powerful

screwdriver and a heavy chisel. These corresponded to marks in the

lid, and had evidently been used for the purpose of forcing it

open. They had the initials "R W." burnt in the handles. The

inmates of the house all denied any knowledge of these tools.

Mr. Ellison had been present when he showed them to Mrs. Ellison.

On looking at them she said at once:

"R. W. Why, that must be Reuben Whitney, that wicked boy, again."

Upon making inquiries, he found that the man named worked at Mr.

Penfold's, the mill wright at Lewes. He returned there at once and,

going to Mr. Penfold, found the prisoner was absent from work. The

men identified the brand on the tools as that of the prisoner.

Another constable proved the arrest.

The chief constable then read the statement that the prisoner had

made to him. The magistrates conferred together for a few minutes,

in an undertone.

"Mrs. Ellison," the senior of them said, addressing that lady, who

was sitting on a chair placed at the upper end of the court, "we

are sorry to trouble you, but we must ask you to go into the

witness box.

"I wish to ask you," he went on, when she had taken her stand in

the box, "how it was you at once connected the initials with the

prisoner?"

"Because he had at one time lived in the village, and was employed

assisting our gardener. He was discharged on suspicion of having

poisoned a watchdog which had bit him; and as the three dogs about

the place had all been poisoned, on the night when the house was

broken into, his name had been in my mind and, on seeing the

initials, I naturally recognized them at once."

There was a deep silence in the court, when Mrs. Ellison gave her

evidence. Hitherto the impression had been rather favourable to the

prisoner. His story, though strange, had been by no means

impossible and, if true, would have completely accounted for the

finding of the tools, which were the only evidence against him. The

evidence of Mrs. Ellison, however, entirely altered the complexion

of the case.

Reuben had stood, quiet and composed, during the hearing. His

countenance had evinced no surprise or emotion, when the tools were

produced. He had, indeed, upon thinking the matter over before

coming into court, come to the conclusion that the tools, which he

had in a small basket at the time he was attacked, had been found

in or near the house; having been left there purposely, by Tom

Thorne, in order to throw suspicion upon him. Their production,

therefore, was no surprise to him.

A slight shade had passed over his face when Mrs. Ellison entered

the witness box. Glancing at the squire as she gave her evidence,

Reuben saw that Mr. Ellison looked greatly vexed and annoyed. As

before, at the conclusion of the evidence of each witness, Reuben

was asked if he had any question to put. He hesitated for a moment

and then, as before, replied in the negative.

Again the magistrates consulted together.

"Mr. Ellison, we shall be obliged if you will enter the witness box

again. In your former evidence, Mr. Ellison, you said nothing in

any way relating to the prisoner; but it now seems you had a

previous acquaintance with him. Will you tell the court what it

is?"

"I have not much to say," the squire said. "As a boy he lived in

the village with his mother, a most respectable person; and widow

of Jacob Whitney, a miller in a good way of business, who, as it

may be in your memory, was found drowned in his mill pond some

seven or eight years ago. The widow, being in reduced circumstances,

settled in Tipping. The boy was an intelligent lad and, when the boy

employed in my garden left, I gave him the place. He gave every

satisfaction. One day he was severely bitten by the watchdog and,

three days later, the dog was found poisoned. My gardener saw a boy

running away from the spot, a quarter of an hour before the dog died.

He believed it to be the prisoner, but it was too dark for him to

distinguish the features.

"At the time, I certainly suspected that he had been guilty of

poisoning the dog and, in spite of his denying that he had anything

to do with it, as he was unable to account for where he was at the

time the boy was seen, I discharged him. I wish to say publicly

that I have deeply regretted having done so, ever since, and that I

consider I acted hastily and wrongly in so doing. Considering his

previous good character, I ought not to have assumed his guilt

without more positive evidence than I had before me. I may also say

that the schoolmaster of our village will give the prisoner the

highest character for truthfulness, and he has known him ever

since. His present employer, Mr. Penfold, is also, I believe, ready

to testify to his excellent conduct during his four years of

apprenticeship."

"I suppose, Mr. Ellison," the senior magistrate said, "you have

not, at any time since the poisoning of the dog, obtained any

actual evidence which would show that you were mistaken in your

first view, and that your subsequent change of opinion was due

solely to your general view of the boy's character, so far as you

knew it."

"That is so," the squire assented and, no further question being

asked, he resumed his seat. His evidence had caused surprise and

some little amusement in court. It was clear that there was a

strong difference of opinion between him and his wife on the

subject; and that, while the lady had something like an animus

against the prisoner, the squire was strongly impressed in his

favour. After some consultation, the magistrate said:

"The case will be remanded until this day week, to see if further

evidence is forthcoming; but I may say that, under the present

circumstances of the case, we shall feel ourselves obliged to send

it for trial. The prisoner's account of his proceedings, from the

time he left Lewes on the previous evening up to that of his return

and arrest here, may be true; but so far it is entirely

unsupported. On the other hand, we have the evidence of the tools,

admitted to belong to him, being found on the scene of the

burglary. We have the further important fact that he had been

formerly employed upon the place; and had, it may be supposed, some

knowledge of the premises. He had been discharged upon a suspicion,

rightfully or wrongly entertained, of his having poisoned a dog

belonging to Mr. Ellison, and there is reason for the belief that

the dogs poisoned before the burglary were got at by some one

acquainted with the place."

"Will it be any use my calling evidence as to character, at the

next meeting?" Reuben asked.

"No," the magistrate said. "Evidence of that kind will be useful at

the trial, when the matter will be thoroughly sifted. We only have

to decide that there is prima facie evidence connecting you with

the offence, and of that there can be no doubt."

At the sitting a week later, no fresh evidence was produced; and

Reuben was committed for trial at the next assizes. Public opinion

in Lewes ran high on the subject of Reuben's guilt or innocence.

The other workmen at the mill wright's were strongly in his

favour--he was very popular among his fellows--and they pointed out

that several hands must have been concerned in the business, that

he was never seen about in public houses of an evening, or was

likely to have any connection with bad characters. Was it probable,

if he had gone about such a job as that, he would have taken tools

marked with his own initials; or if he had, that he would have been

fool enough to leave them behind?

Upon the other hand, opinion in general ran strongly against him.

His story was declared to be utterly improbable, and a fellow who

had once been dismissed for poisoning a dog would be likely, at any

future time, to revenge himself upon the employer who turned him

off. As to Mr. Ellison's declaration of his subsequent opinion that

he acted hastily, little weight was attached to it. Everyone knew

Squire Ellison was a kind-hearted man, and as he acknowledged

himself that he had obtained no evidence which would satisfy him

that he had acted wrongly in the first case, it was clear that it

was from mere kindness of heart that he had changed his mind on the

subject.

At Tipping the subject was never mentioned. The squire and Mrs.

Ellison had, on the drive home, had the most serious quarrel which

had ever taken place during their wedded life; which had ended by

the former saying:

"If anyone had ever told me before, Mary, that you were a

vindictive woman, I should have knocked him down. I might do so

now, but I should know in my heart that he had spoken truly. For

some reason or other you took a prejudice against that boy, and you

never forgave his mother for standing up in his defence. I was

shocked, downright shocked, when you gave your evidence in court."

Mrs. Ellison had been too much offended to reply, and the rest of

the drive had been passed in silence. Upon their return home the

girls were full of eager questions, but the squire said shortly:

"My dears, the less we talk about it, the better. Your mother and I

differ entirely on the subject. She believes that Reuben Whitney is

guilty. I am absolutely convinced he is innocent. Therefore, if you

please, we will not discuss it."

The following morning Kate Ellison went down to the school house.

"Mr. Shrewsbury," she said, putting her head in at the door, "could

you come out for two or three minutes? I want particularly to speak

to you.

"Have you heard what took place yesterday, at Lewes?" she asked

when he came out.

"Yes, Miss Ellison. I saw Jones the constable last night, and he

told me all that had been said in court."

"And you think Reuben Whitney is innocent?" she asked eagerly.

"I am quite sure of it, Miss Ellison--as sure as I am of my own

existence. For anyone who knows him to have a doubt is absolutely

absurd. A finer young fellow than Reuben it would be hard to find."

"But what did he say? How did he account for his tools being found

there?"

The schoolmaster repeated the account Reuben had given, and said:

"When the trial comes off I shall, of course, go over; and testify

both as to his general conduct and to the fact that he had, as he

said, promised to bring over his tools to put up some shelves in my

cupboards."

"Do you think he will get off, Mr. Shrewsbury?" she asked

anxiously.

"I should hope so, Miss Ellison, but I can't disguise from myself

that it is by no means certain. That unfortunate old business about

the dog will tell terribly against him; and though I am perfectly

sure that his account of what took place is correct, there is

nothing to confirm it. It is just the sort of story, they will say,

that he would naturally get up to account for his absence, and for

the tools being found. Of course, if the jury knew him as well as I

do the result would be certain; but I have been trying to look at

the facts as if he were a stranger, and I can't say what decision I

should come to, in such a case. Still, of course, the high

character that will be given him, and the fact that there is no

evidence whatever connecting him, in any way, with bad characters,

must count immensely in his favour."

The assizes were to take place only a fortnight after the date of

Reuben's committal. Mrs. Whitney had engaged a lawyer in the town

to defend her son and, to the surprise of this gentleman, Mr.

Ellison called upon him two or three days later, and said:

"Mr. Brogden, I hear that you have been engaged by Mrs. Whitney to

defend her son. I don't believe the young fellow is guilty, and

therefore I authorize you to spend any sum that may be necessary in

getting up his defence; and I wish you to instruct a counsel to

appear for him. Of course I cannot appear openly in the matter, and

my name must not be mentioned, but I will guarantee all expenses.

"It seems to me that it would be desirable to find out, if

possible, the village where he says he breakfasted, and asked the

way to Lewes. In his story he says he didn't know the name of the

village but, as he was told it was about twenty miles from Lewes,

and he can describe the road he followed, there ought to be no

difficulty in finding it.

"I should advise you to have a chat with Shrewsbury, the

schoolmaster at Tipping. He is a great friend of the lad's, and a

very intelligent fellow. He may be able to suggest some points to

be followed up. At any rate, do all you can."

Reuben had another adherent who was also acting on his behalf. The

afternoon before the trial, Kate Ellison stopped before the

blacksmith shop in the village and, seeing that Jacob Priestley the

smith was at work, alone, she entered.

"Is it true, Jacob, that you have been summoned on the jury at

Lewes tomorrow?"

"Yes, miss, it bee true, sureley. It be four years since anyone in

the village was summoned, and it be mighty hard that they should

have picked upon me. Still, I have never been called before, so I

suppose I mustn't grumble; but it be hard to be taken away from

work, to waste one's time in a court, and they say the 'sizes ull

last for three days."

"Well, Jacob, you know that Reuben Whitney is going to be tried for

robbery at our house."

"Yes, miss; so they says."

"Well, what do you think about it, Jacob?"

"I don't think nothing one way or the other, miss. Most folks says

as how he must have done it, 'cause as how he poisoned squire's dog

afore."

"He didn't do anything of the sort, Jacob; and it's very wicked of

people to say so. He is innocent, quite innocent. I am sure he is,

and papa is quite sure, too; and he will be terribly put out if he

is found guilty. So I want you to promise me that, whatever the

others think, you will hold out that he is innocent."

"Well, miss," the smith said, scratching his head, "if you be sure

of it, and squire be sure, I suppose there can't be no doubt about

it, for who should know better than squire; and I am sure I

wouldn't go to put him about, for a better landlord than squire

ain't to be found in the county. So you tell him, miss, as I will

hold out."

"But papa doesn't know that I have come down here, Jacob. It

wouldn't do for him to interfere, you know; especially as he is a

magistrate himself. You mustn't mention to anyone that I have

spoken to you about it--not to anyone, Jacob, not even to your

wife--but I can tell you the squire will be heartily pleased if he

is found innocent, and he will be terribly put out if he is found

guilty."

"All right, miss," the smith replied. "I understand, and no one

sha'n't know as you have spoken to me aboot it. It be quite enough

for I to know as the squire knows as he's innocent. It ain't likely

as I should stick my opinion up against his."

The day after he heard of Reuben's arrest, the schoolmaster went

over to see him; and as he was the bearer of a letter from Mr.

Ellison to the governor of the jail, he was able to obtain

admittance.

"Was there ever such an unfortunate fellow as I am?" Reuben

exclaimed, after the first hearty greeting. "Here am I for the

second time accused of a crime of which I am innocent; and from

which, indeed, in the present case I am a sufferer; and all this

has come about, simply because I went out of my way to inquire into

what seemed to me a suspicious business."

"Tell me all about it, Reuben. I have heard the statement you made

to the chief constable; but tell it me again, with every detail you

can think of. Some circumstance, which appears to you as trifling,

may furnish a clue."

"I have seen Mr. Brogden, the lawyer. I have told him all that

happened," Reuben said; "but of course, I will gladly tell you

again."

And Reuben repeated the story of the adventure, with every detail

that he could think of; speaking slowly, as the schoolmaster wrote

it down at length.

"I will see what I can make of it, when I think it over," Mr.

Shrewsbury said. "Of course, as it stands, it is so natural and

probable that it would clear you at once; had it not been for that

unfortunate dog business before, and the supposition, excited by

it, that you had a feeling of hostility to the squire. I shall be

able partly to dispose of that, for I can swear that you have

frequently spoken to me of the squire in tones of respect and

liking; and that, although you regretted the manner in which you

left his service, you felt no ill will against him on account of

it. Moreover, I shall be able to prove that the reasons you gave

for having your tools with you was a true one; and although I

cannot swear that I expected you specially on that evening, the

fact that you were in the habit of coming over, at times, to see

me, cannot but corroborate your story.

"I shall get leave for two or three days, and will hunt up the

village where you breakfasted."

"Thank you very much," Reuben said, "though I have been thinking it

over, and do not see that the evidence of the people at the public

house would help me much. It will simply prove that I passed

through there in the morning; but will not show, in any way,

whether I went willingly as far as that, as one of the party who

broke into the house, or whether I was taken there."

"They can probably prove that you looked pale and exhausted," the

schoolmaster said.

"I fancy I should look pale, in any case," Reuben said, "if I had

gone through such a night's work as that of breaking into the

squire's."

"Well, keep up your courage, Reuben. You may be quite sure that

your friends will do all in their power for you. I shall go now and

have a chat with your mother. I am afraid that she will want

comforting more than you do."

"Yes," Reuben agreed, "I am afraid so. Somehow I don't seem to take

it to heart much. I shall feel it more afterwards, perhaps; but at

present, the whole thing seems so extraordinary that I can't quite

realize that I am in danger of being sent to Botany Bay. The worst

of it is that, even if I am acquitted, lots of people will still

think I am guilty. There is only one thing that can really prove my

innocence, and that is the arrest of Tom Thorne, and his father."

"I hear," the schoolmaster said, "that the chief constable has

written up to Bow Street, for them to put the runners on the traces

of those two scoundrels. Whether they believe your story or not, it

is quite evident that more than one person was concerned in the

affair. Their theory, of course, is that you quarrelled with the

others over the division of the spoil; and got that knock on the

head, which is a very severe one. I went down yesterday with Jones,

to see the spot where you said you were assaulted. There were marks

where the horse stopped, and marks of feet in the field, and a

patch of blood; all of which goes to prove that your story may be

true, but unfortunately it doesn't prove that it was because,

according to the theory against you, you might have been assaulted

after the robbery, as well as before it."

"But in that case," Reuben said, "why should they have taken the

trouble to carry me twenty miles away?"

"Yes, there is of course that question," the schoolmaster said

thoughtfully; "but then, on the other hand, why did they take the

trouble in case you were not an accomplice? In both cases the

answer is the same--they did it to prevent your giving the alarm,

until they had got far away from the scene. They didn't like to

murder you, because of the consequences to themselves; but they

would not risk your recovering consciousness and getting up an

early pursuit. It cuts both ways, you see."

"So it does," Reuben assented. "It's just a question of belief; and

I own, myself, that that old dog business is very much against me;

and that I can't blame anyone who considers me guilty."

Reuben's was the last case taken at the assizes, and occasioned a

good deal of interest in that part of Sussex, partly owing to the

position of Squire Ellison, partly to the nature of the defence set

up, as to which opinion was a good deal divided. The evidence for

the prosecution was, to a great extent, similar to that given at

the inquiry before the magistrates. Unfortunately for Reuben, the

judge was notoriously a severe one; and his bias, from the first,

appeared to be against the prisoner. Mr. Ellison was closely

questioned by the prosecutor as to the poisoning of his dog, as

this was considered to show a particular animus on the part of

Reuben. He again repeated his conviction of Reuben's innocence in

that affair.

"But what reason have you, Mr. Ellison," the counsel for the

prosecution asked blandly, "for changing your opinion on the

subject?"

This was just the question which the squire could not answer

satisfactorily; and was a particularly irritating one, because it

had often been triumphantly asked by his wife.

"I can really give no particular reason," he said, "except that, on

reflection, the boy's previous character and antecedents convinced

me that he could not have done such an act."

"In fact," the counsel said suavely, "you were influenced by your

own goodness of heart, Mr. Ellison, in thus laying aside a

conviction which the facts had, at the time, forced upon you."

"I don't look upon it in that light," the squire replied shortly.

"I consider that in the first instance I acted hastily and

unadvisedly, and on consideration I saw that I had done so."

"I am afraid, Mr. Ellison," the counsel said, "that you will not

persuade the jury to agree with you."

"I have only one or two questions to ask you," the counsel for the

defence said, when he rose to cross-examine, "for indeed your

evidence is, as I think the jury will agree, altogether in favour

of the prisoner. In the first place, was the lad, when in your

employment, ever upstairs in your house?"

"Not that I know of," the squire replied. "Certainly in the course

of his duties he would never be there. Indeed, it would be very

seldom that he would even enter the kitchen, except to bring in

vegetables. Certainly he would never pass through to go upstairs.

He could not possibly have done so without exciting attention and

remarks."

"He would therefore, Mr. Ellison, have no means of possessing any

knowledge as to the internal arrangements of your house, beyond

that possessed by the other people in the village?"

"None whatever," Mr. Ellison replied.

"Now, as to that unfortunate affair of the poisoning of your dog.

Your opinion, as to the innocence of the prisoner in that matter,

is not a recent one--not the outcome of his after good conduct and

character?"

"Not at all," Mr. Ellison said. "I changed my opinion on the matter

very shortly, indeed, after the affair."

"Within a few days, I think I may say?" the counsel asked.

"Within a very few days; I may almost say within a few hours," the

squire replied. "The boy's story, told not to me but to another,

that he believed the dog was poisoned by another lad in the village

who owed him a grudge, and who has since turned out an exceedingly

bad character, struck me as being very much more probable than that

he should do it, himself."

Mrs. Ellison was next called. Her evidence as to the robbery was a

mere repetition of that given by the squire. The counsel then

turned to the question of the poisoning.

"I would rather say nothing about it," Mrs. Ellison said. "It is a

matter which has been productive of much pain to me, and I would

rather say nothing about it."

"But you must, madam," the judge said sharply. "You are here to

answer any question which may enable the jury to form an opinion on

this case."

"I am sorry to press you, Mrs. Ellison," the counsel continued,

"but I really must do so. You took a different opinion to that held

by your husband?"

"I regret to say that I did. Mr. Ellison told me the reasons he had

for suspecting the boy. I thought those reasons sufficient, and

have seen no cause for changing my opinion."

After the evidence for the prosecution had been given, the counsel

for the defence pointed out that there was, in fact, no evidence

whatever connecting Reuben with the robbery, beyond the discovery

of his tools on the premises; and that, as to this trumpery story

of the poisoning a dog, four years before, apparently only for the

purpose of showing some sort of animus, he regarded it as

altogether contemptible. When a man meant to commit a burglary in a

house, he did so in order to obtain possession of the goods, and

not from any spite against the owner. Had this young fellow felt

any malice, for this ridiculous charge on which he had been

dismissed, he would not have allied himself with burglars to rob

the house; but would probably have vented his spite in the usual

fashion, by setting fire to a stack or outhouse; but so far as he

could see, there was no foundation for the charge brought against

him, and they had already heard Mr. Ellison declare that he

regretted he had suspected him, and that he believed him to be

innocent.

But even had it been proved, up to the hilt, that the prisoner had

poisoned the dog, he should still hold it as wholly unconnected

with the present matter. If he had poisoned the dog, what then? It

was not a heinous sin, nor would it affect his moral character. No

boy likes having a piece taken out of his calf by a savage dog, and

there would have been nothing so very dreadful had he revenged

himself. It was probable that, even among the jury, there was one

or more who, if he had not absolutely set poison for his

neighbour's cats, for destroying his young chickens or scratching

up his flower beds, had threatened to do so, and would not have

regarded it as a very serious crime had he done so.

Therefore he contended that the jury should put this trumpery

affair altogether out of their minds; on the double ground that, in

the first place, the prisoner at the bar did not poison the dog;

and that, had he done so, it would have had nothing whatever to do

with the present affair.

"Why, gentlemen," he said, "it is an insult to your understanding

to ask you to credit that this young fellow--whose character, which

I shall presently prove to you, by unimpeachable evidence, is of

the highest kind--has, for four years, cherished such malice

against his employer, for dismissing him mistakenly, that he has

become the consort of thieves and burglars, has stained his hands

in crime, and rendered himself liable to transportation, for the

purpose merely of spiting that gentleman. Such a contention would

be absolutely absurd. I must beg you to dismiss it altogether from

your mind, and approach it from a different standpoint, altogether.

Divested of this extraneous business, the matter is a most simple

one.

"The prisoner left his mother's cottage, at seven o'clock in the

evening, to go over for an hour or two to his friend Mr.

Shrewsbury, the schoolmaster of Tipping. He took with him a few

tools, as he had promised to put some shelves in his friend's

house. On the way he heard some talking down a lane, which he knew

led to only a field. Thinking it strange, he went to see who it was

and, some distance down, he found a horse and cart standing and,

listening to the conversation of two men who were sitting under the

hedge, he heard enough to inform him that a burglary was intended

upon the house of Mr. Ellison. He was about to make off to give the

alarm, when he was suddenly attacked by some men who had come up

behind, and was felled to the ground. While lying insensible, he

was bound hand and foot and left in a ditch; where he remained till

the burglars returned from completing the work on hand. They then

threw him into the cart, and put him down some twenty miles away.

Being greatly exhausted by loss of blood, it was late in the

afternoon before he arrived at Lewes, when he was at once arrested.

"This, gentlemen, is the prisoner's story, as related to the chief

constable when he was taken to the lockup. Nothing can be simpler

or more probable; and in some points, at least, I shall be able to

confirm it by independent testimony. Mr. Shrewsbury will tell you

that the prisoner had arranged to come over to see him, and bring

his tools. He will also tell you that, two days after the

prisoner's arrest, he went with Jones, the village constable, and

found the marks where the horse and trap had stood; while, just

inside the field, the grass was trampled with feet; and in the

bottom of the dry ditch was a great dark patch, which he was able

to ascertain to be blood. Doctor Hewitt will tell you that he was

called in to strap up the prisoner's head, after his arrest; and

that the cut was a very severe one, and must have been inflicted by

a heavy weapon, with great force.

"I am convinced, gentlemen, that after hearing this evidence you

will agree with me, not only that the prisoner is perfectly

innocent of the charge, but that he is a most ill-used person; and

that it is a matter of surprise and regret that the magistrates

should have committed him for trial, when the only shadow of

evidence against him was the discovery of these tools, a discovery

which he at once explained. Of other evidence, there is not one jot

or tittle. No attempt has been made to prove that the prisoner was

in the habit of consorting with bad characters; no attempt has been

made to show any connection, whatever, between him and the men who

came in a horse and trap across the hills, for the purpose of

effecting a burglary at Mr. Ellison's; and who, as we know, did

effect it. No scrap of the property stolen from the house has been

found upon him and, in order to account for the severe wound on his

head, the counsel for the prosecution has started the hypothesis

that it was given in the course of a quarrel, during the division

of the plunder.

"But had that been the case, gentlemen, the prisoner would not have

been standing here alone. Robbed and ill-treated by these

companions of his, he would naturally have put the officers of

justice on their track and, as he must have been in communication

with them, and well acquainted with their ways and haunts, he could

have given information which would have led to their early arrest.

He could well have done this, for the crown would have made no

difficulty, whatever, in promising a lad like this a free pardon,

on condition of his turning evidence against these burglars; whose

mode of procedure shows them to have been old hands, and who are,

no doubt, the same who have committed the various robberies which

have lately taken place in this part of the country.

"The prisoner is the son of highly respectable parents. His

employer will come before you, and give you evidence of the

extremely high character he bears. Mr. Shrewsbury will tell you

that he has, for the last four years, devoted no inconsiderable

portion of his leisure time to improve his education, and enable

him to recover the position occupied by his father, who was a

much-respected miller in this neighbourhood. I shall leave the case

in your hands, gentlemen, with an absolute confidence that you

will, without a moment's hesitation, find a verdict proclaiming the

innocence of my client; and enable him to leave the dock, without a

stain upon his character."

A Final Reckoning: A Tale of Bush Life in Australia · 第 4 / 18 章