The trial was soon over; by pleading guilty Johnnie had made it a very

simple matter for the court. The main thing was to sentence him. By an

unhappy chance the judge was in one of his occasional bad moods; he had

been entertained too well by one of the local magnates on the previous

evening and had sat late, drinking too much wine, with the result that

he had a bad liver, with a mind to match it. He was only too ready to

seize the first opportunity that offered--and poor Johnnie's case was

the first that morning--of exercising the awful power a barbarous law

had put into his hands. When the prisoner's defender declared that this

was a case which called loudly for mercy, the judge interrupted him to

say that he was taking too much upon himself, that he was, in fact,

instructing the judge in his duties, which was a piece of presumption on

his part. The other was quick to make a humble apology and to bring his

perfunctory address to a conclusion. The judge, in addressing the

prisoner, said he had been unable to discover any extenuating

circumstances in the case. The fact that he had a wife and family

dependent on him only added to his turpitude, since it proved that no

consideration could serve to deter him from a criminal act. Furthermore,

in dealing with this case, he must take into account the prevalence of

this particular form of crime; he would venture to say that it had been

encouraged by an extreme leniency in many cases on the part of those

whose sacred duty it was to administer the law of the land. A sterner

and healthier spirit was called for at the present juncture. The time

had come to make an example, and a more suitable case than the one now

before him could not have been found for such a purpose. He would

accordingly hold out no hope of a reprieve, but would counsel prisoner

to make the best use of the short time remaining to him.

Johnnie standing in the dock appeared to the spectators to be in a

half-dazed condition--as dull and spiritless a clodhopper as they had

ever beheld. The judge and barristers, in their wigs and robes and

gowns, were unlike any human beings he had ever looked on. He might have

been transported to some other world, so strange did the whole scene

appear to him. He only knew, or surmised, that all these important

people were occupied in doing him to death, but the process, the meaning

of their fine phrases, he could not follow. He looked at them, his

glazed eyes travelling from face to face, to be fixed finally on the

judge, in a vacant stare; but he scarcely saw them, he was all the time

gazing on, and his mind occupied with, other forms and scenes invisible

to the court. His village, his Marty, his dear little playmate of long

ago, the sweet girl he had won, the wife and mother of his children,

with her white, terrified face, clinging to him and crying in anguish:

"Oh, Johnnie, what will they do to 'ee?" And all the time, with it all,

he saw the vast green slope of the down, with the Salisbury road lying

like a narrow white band across it, and close to it, near the summit,

the solitary old tree.

During the delivery of the sentence, and when he was led from the dock

and conveyed back to the prison, that image or vision was still present.

He sat staring at the wall of his cell as he had stared at the judge,

the fatal tree still before him. Never before had he seen it in that

vivid way in which it appeared to him now, standing alone on the vast

green down, under the wide sky, its four separate boles leaning a little

way from each other, like the middle ribs of an open fan, holding up the

widespread branches, the thin, open foliage, the green leaves stained

with rusty brown and purple; and the ivy, rising like a slender black

serpent of immense length, springing from the roots, winding upwards,

and in and out, among the grey branches, binding them together, and

resting its round, dark cluster of massed leaves on the topmost boughs.

That green disc was the ivy-serpent's flat head and was the head of the

whole tree, and there it had its eyes, which gazed for ever over the

wide downs, watching all living things, cattle and sheep and birds and

men in their comings and goings; and although fast-rooted in the earth,

following them, too, in all their ways, even as it had followed him, to

break him at last.

POSTSCRIPT

I

DEAD MAN'S PLACK

One of my literary friends, who has looked at the Dead Man's Plack in

manuscript, has said by way of criticism that Elfrida's character is

veiled. I am not to blame for that; for have I not already said, by

implication at all events, in the Preamble, that my knowledge of her

comes from outside. Something, or, more likely, _Somebody_, gave me her

history, and it has occurred to me that this same Somebody was no such

obscurity as, let us say, the Monk John of Glastonbury, who told the

excavators just where to look for the buried chapel of Edgar, king and

_saint_. I suspect that my informant was some one who knew more about

Elfrida than any mere looker-on, monk or nun, and gossip-gatherer of her

own distant day; and this suspicion or surmise was suggested by the

following incident:

After haunting Dead Man's Plack, where I had my vision, I rambled in and

about Wherwell on account of its association, and in one of the cottages

in the village I became acquainted with an elderly widow, a woman in

feeble health, but singularly attractive in her person and manner.

Indeed, before making her acquaintance I had been informed by some of

her relations and others in the place that she was not only the best

person to seek information from, but was also the sweetest person in the

village. She was a native born; her family had lived there for

generations, and she was of that best South Hampshire type with an oval

face, olive-brown skin, black eyes and hair, and that soft melancholy

expression in the eyes common in Spanish women and not uncommon in the

dark-skinned Hampshire women. She had been taught at the village school,

and having attracted the attention and interest of the great lady of the

place on account of her intelligence and pleasing manners, she was taken

when quite young as lady's-maid, and in this employment continued for

many years until her marriage to a villager.

One day, conversing with her, I said I had heard that the village was

haunted by the ghost of a woman: was that true?

Yes, it was true, she returned.

Did she _know_ that it was true? Had she actually seen the ghost?

Yes, she had seen it once. One day, when she was lady's-maid, she was in

her bedroom, dressing or doing something, with another maid. The door

was closed, and they were in a merry mood, talking and laughing, when

suddenly they both at the same moment saw a woman with a still, white

face walking through the room. She was in the middle of the room when

they caught sight of her, and they both screamed and covered their faces

with their hands. So great was her terror that she almost fainted; then

in a few moments when they looked the apparition had vanished. As to the

habit she was wearing, neither of them could say afterwards what it was

like: only the white, still face remained fixed in their memory, but the

figure was a dark one, like a dark shadow moving rapidly through the

room.

If Elfrida then, albeit still in purgatory, is able to re-visit this

scene of her early life and the site of that tragedy in the forest, it

does not seem to me altogether improbable that she herself made the

revelation I have written. And if this be so, it would account for the

_veiled_ character conveyed in the narrative. For even after ten

centuries it may well be that all the coverings have not yet been

removed, that although she has been dropping them one by one for ages,

she has not yet come to the end of them. Until the very last covering,

or veil, or mist is removed, it would be impossible for her to be

absolutely sincere, to reveal her inmost soul with all that is most

dreadful in it. But when that time comes, from the very moment of its

coming she would cease automatically to be an exiled and tormented

spirit.

If, then, Elfrida is herself responsible for the narrative, it is only

natural that she does not appear in it quite as black as she has been

painted. For the monkish chronicler was, we know, the Father of Lies,

and so indeed in a measure are all historians and biographers, since

they cannot see into hearts and motives or know all the circumstances of

the case. And in this case they were painting the picture of their hated

enemy and no doubt were not sparing in the use of the black pigment.

To know all is to forgive all, is a good saying, and enables us to see

why even the worst among us can always find it possible to forgive

himself.

II

AN OLD THORN

I was pleased at this opportunity of rescuing this story from a far-back

number of the _English Review_, in which it first appeared, and putting

it in a book. It may be a shock to the reader to be brought down from a

story of a great king and queen of England in the tenth century to the

obscure annals of a yokel and his wife who lived in a Wiltshire village

only a century ago; or even less, since my poor yokel was hanged for

sheep-stealing in 1821. But it is, I think, worth preserving, since it

is the only narrative I know of dealing with that rare and curious

subject, the survival of tree-worship in our own country. That, however,

was not the reason of my being pleased.

It was just when I had finished writing the story of Elfrida that I

happened to see in my morning paper a highly eulogistical paragraph

about one of our long-dead and, I imagine, forgotten worthies. The

occasion of the paragraph doesn't matter. The man eulogised was Mr.

Justice Park--Sir James Allan Park, a highly successful barrister, who

was judge from 1816 to his death in 1838. "As judge, though not eminent,

he was sound, fair and sensible, a little irascible, but highly

esteemed." He was also the author of a religious work. And that is all

the particular Liar who wrote his biography in the D.N.B. can tell us

about him.

It was the newspaper paragraph which reminded me that I had written

about this same judge, giving my estimate of his character in my book,

_A Shepherd's Life_, also that I was _thinking_ about Park, the sound

and fair and sensible judge, when I wrote "An Old Thorn." Here then,

with apologies to the reader for quoting from my own book, I reproduce

what I wrote in 1905.

"From these memories of the old villagers I turn to the newspapers of

the day to make a few citations.

"The law as it was did not distinguish between a case of the kind just

related, of the starving, sorely-tempted Shergold, and that of the

systematic thief: sheep-stealing was a capital offence and the man must

be hanged, unless recommended to mercy, and we know what was meant by

'mercy' in those days. That so barbarous a law existed within memory of

people to be found living in most villages appears almost incredible to

us; but despite the recommendations to 'mercy' usual in a large majority

of cases, the law of that time was not more horrible than the temper of

the men who administered it. There are good and bad among all, and in

all professions, but there is also a black spot in most, possibly all

hearts, which may be developed to almost any extent, to change the

justest, wisest, most moral men into 'human devils.' In reading the old

reports and the expressions used by the judges in their summings-up and

sentences, it is impossible not to believe that the awful power they

possessed, and its constant exercise, had not only produced the

inevitable hardening effect, but had made them cruel in the true sense

of the word. Their pleasure in passing dreadful sentences was very

thinly disguised by certain lofty conventional phrases as to the

necessity of upholding the law, morality, and religion; they were,

indeed, as familiar with the name of the Deity as any ranter in a

conventicle, and the 'enormity of the crime' was an expression as

constantly used in the case of the theft of a loaf of bread, or of an

old coat left hanging on a hedge, by some ill-clad, half-starved wretch,

as in cases of burglary, arson, rape, and murder.

"It is surprising to find how very few the real crimes were in those

days, despite the misery of the people; that nearly all the 'crimes' for

which men were sentenced to the gallows and to transportation for life,

or for long terms, were offences which would now be sufficiently

punished by a few weeks', or even a few days', imprisonment. Thus in

April, 1825, I note that Mr. Justice Park commented on the heavy

appearance of the calendar. It was not so much the number (170) of the

offenders that excited his concern as it was the nature of the crimes

with which they were charged. The worst crime in this instance was

sheep-stealing!

"Again, this same Mr. Justice Park, at the Spring Assizes at Salisbury,

1827, said that though the calendar was a heavy one, he was happy to

find, on looking at the depositions of the principal cases, that they

were not of a very serious character. Nevertheless he passed sentence of

death on twenty-eight persons, among them being one for stealing half a

crown!

"Of the twenty-eight all but three were eventually reprieved, one of the

fated three being a youth of 19, who was charged with stealing a mare

and pleaded guilty in spite of a warning from the judge not to do so.

This irritated the great man who had the power of life and death in his

hand. In passing sentence the judge 'expatiated on the prevalence of the

crime of horse-stealing and the necessity of making an example. The

enormity of Read's crime rendered him a proper example, and he would

therefore hold out no hope of mercy towards him.' As to the plea of

guilty, he remarked that nowadays too many persons pleaded guilty,

deluded with the hope that it would be taken into consideration and they

would escape the severer penalty. He was determined to put a stop to

that sort of thing; if Read had not pleaded guilty no doubt some

extenuating circumstance would have come up during the trial and he

would have saved his life.

"There, if ever, spoke the 'human devil' in a black cap!

"I find another case of a sentence of transportation for life on a youth

of 18, named Edward Baker, for stealing a pocket-handkerchief. Had he

pleaded guilty it might have been worse for him.

"At the Salisbury Spring Assizes, 1830, Mr. Justice Gazalee, addressing

the grand jury, said that none of the crimes appeared to be marked with

circumstances of great moral turpitude. The prisoners numbered 130; he

passed sentences of death on twenty-nine, life transportations on five,

fourteen years on five, seven years on eleven, and various terms of hard

labour on the others." (_A Shepherd's Life_, pp. 241-4.)

Johnnie Budd was done to death before my principal informants, one 89

years old, the other 93, were born; but in their early years they knew

the widow and her three children, and had known them and their children

all their lives; thus the whole story of Johnnie and Marty was familiar

to them. Now, when I thought of Johnnie's case and how he was treated at

the trial, as it was told me by these old people, it struck me as so

like that of the poor young man Read, who was hanged because he pleaded

guilty, that I at once came to the belief that it was Mr. Justice Park

who had tried him. I have accordingly searched the newspapers of that

day, but have failed to find Johnnie's case. I can only suppose that

this particular case was probably considered too unimportant to be

reported at large in the newspapers of 1821. He was just one of a number

convicted and sentenced to capital punishment.

When Johnnie was hanged his poor wife travelled to Salisbury and

succeeded in getting permission to take the body back to the village for

burial. How she in her poverty, with her three little children to keep,

managed it I don't know. Probably some of the other poor villagers who

pitied and perhaps loved her helped her to do it. She did even more: she

had a grave-stone set above him with his name and the dates of his birth

and death cut on it. And there it is now, within a dozen yards of the

church door in the small old churchyard--the smallest village churchyard

known to me; and Johnnie's and Marty's children's children are still

living in the village.

FINIS

* * * * *

THE WORKS OF W. H. HUDSON

BIRDS OF LA PLATA

With 22 Coloured Plates by H. Gronvold, specially drawn under

the Author's supervision.

This book contains articles on some 200 birds of La Plata actually known

to the Author, arranged under species, and characterised by that

intimate personal touch which constitutes the chief charm of his

writing. Originally published in 1888 under the title _Argentine

Ornithology_, in collaboration with Philip Lutley Sclater, it has now

been thoroughly revised by Mr. Hudson, who has deleted all except his

own work, and has written a new Introduction of considerable length.

The coloured plates of this new book have been done by Mr. H. Gronvold,

under the most careful supervision of the Author, whose intimate

knowledge of the birds in their life and true environment has helped the

artist to give a vivid and faithful presentment of the different

species.

The illustrations constitute an integral part of the book itself, and

are not mere decorative additions. This book now forms a companion

volume to another work of Mr. Hudson's, _The Naturalist in La Plata_.

A COMPANION VOLUME

THE NATURALIST IN LA PLATA

_The Naturalist in La Plata_ can now be obtained in a new and cheaper

edition than the original, which was first published in 1892. The

letterpress and the drawings in the text by J. Smit have been left as

they were; the only change is in the form of the book and in the

substitution of new plates for the old ones. This book forms a companion

volume to _Birds of La Plata_.

FAR AWAY AND LONG AGO

An Autobiographical Sketch of the Writer's Boyhood

"To read his book is to read another chapter in that enormous book which

is written from time to time by Rousseau and George Sand and Aksakoff

among other people--a book which we can never read enough of; and

therefore we must beg Mr. Hudson not to stop here, but to carry the

story on to the farthest possible limits."--_Times Literary Supplement._

"A low-pitched narrative, but once listened to it is as enthralling as

Mr. Hudson found the voice of the golden plover."--_Athenæum._

"He who does not know the work of W. H. Hudson is missing one of the

finest pleasures of contemporary literature."--_Daily News._

"Regarding the author hitherto primarily as a naturalist we rediscover

him as an acute psychologist.... For many readers the chief interest of

the book will lie in the charming reflective presentment of the thoughts

of a boy's mind."--_Bookman._

BIRDS IN TOWN AND VILLAGE

With 8 Coloured Plates after E. J. Detmold

Head and Tail Pieces by Herbert Cole

"Mr. Hudson loves all birds; they are his work, his recreation, his

life; he writes about them as no one else can: he sees what others

miss."--_Manchester Guardian._

"This book is full of his unsurpassed perception and unique

charm.... Some of his best passages about birds are equally delightful

and vivid sketches of human life."--_Times Literary Supplement._

"Mr. Hudson is more than a naturalist. He is a man of genius who

transmutes lead into gold--the lead of knowledge into the gold of

feeling.... As you hear the music of his prose ... you recapture

the delicious tenderness of childhood with its wistful wonder and

vision.... Mr. Hudson is a nightingale naturalist with a voice that

throbs in waves of magical melody."

--James Douglas in _The Star_.

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