Chapter XL

Waiting For The Trial

As he returned to Cambridge Caldigate was not altogether contented

with himself. He tried to persuade himself, in reference to the money

which he had refunded, that in what he had done he had not at all

been actuated by the charge made against him. Had there been no such

accusation he would have felt himself bound to share the loss with

these people as soon as he had learned the real circumstances. The

money had been a burden to him. For the satisfaction of his own honour,

of his own feelings, it had become necessary that the money should be

refunded. And the need of doing so was not lessened by the fact that

a base conspiracy had been made by a gang of villains who had thought

that the money might thus be most readily extracted from him. That was

his argument with himself, and his defence for what he had done. But

nevertheless he was aware that he had been driven to do it now,--to

pay the money at this special moment,--by an undercurrent of hope that

these enemies would think it best for themselves to go as soon as they

had his money in their hands. He wished to be honest, he wished to be

honourable, he wished that all that he did could be what the world

calls 'above board'; but still it was so essential for him and for his

wife that they should go! He had been very steady in assuring these

wretched ones that they might go or stay, as they pleased. He had been

careful that there should be a credible witness of his assurance. He

might succeed in making others believe that he had not attempted to

purchase their absence; but he could not make himself believe it.

Even though a jury should not convict him, there was so much in his

Australian life which would not bear the searching light of

cross-examination! The same may probably be said of most of us. In such

trials as this that he was anticipating, there is often a special

cruelty in the exposure of matters which are for the most part happily

kept in the background. A man on some occasion inadvertently takes a

little more wine than is good for him. It is an accident most uncommon

with him, and nobody thinks much about it. But chance brings the case

to the notice of the police courts, and the poor victim is published to

the world as a drunkard in the columns of all the newspapers. Some young

girl fancies herself in love, and the man is unworthy. The feeling

passes away, and none but herself, and perhaps her mother, are the

wiser. But if by some chance, some treachery, a letter should get

printed and read, the poor girl's punishment is so severe that she is

driven to wish herself in the grave.

He had been foolish, very foolish, as we have seen, on board the

Goldfinder,--and wicked too. There could be no doubt about that. When it

would all come out in this dreaded trial he would be quite unable to

defend himself. There was enough to enable Mrs. Bolton to point at him

with a finger of scorn as a degraded sinner. And yet,--yet there had

been nothing which he had not dared to own to his wife in the secrecy of

their mutual confidence, and which, in secret, she had not been able to

condone without a moment's hesitation. He had been in love with the

woman,--in love after a fashion. He had promised to marry her. He had

done worse than that. And then, when he had found that the passion for

gold was strong upon her, he had bought his freedom from her. The story

would be very bad as told in Court, and yet he had told it all to his

wife! She had admitted his excuse when he had spoken of the savageness

of his life, of the craving which a man would feel for some feminine

society, of her undoubted cleverness, and then of her avarice. And then

when he swore that through it all he had still loved her,--her, Hester

Bolton,--whom he had but once seen, but whom, having seen, he had never

allowed to pass out of his mind, she still believed him, and thought

that the holiness of that love had purified him. She believed him;--but

who else would believe him? Of course he was most anxious that those

people should go.

Before he left London he wrote both to Mr. Seely and to Robert Bolton,

saying what he had done. The letter to his own attorney was long and

full. He gave an account in detail of the whole matter, declaring that

he would not allow himself to be hindered from paying a debt which he

believed to be due, by the wickedness of those to whom it was owing.

'The two things have nothing to do with each other,' he said, 'and if

you choose to throw up my defence, of course you can do so. I cannot

allow myself to be debarred from exercising my own judgment in another

matter because you think that what I decide upon doing may not tally

with your views as to my defence.' To Robert Bolton he was much shorter.

'I think you ought to know what I have done,' he said; 'at any rate, I

do not choose that you should be left in ignorance.' Mr. Seely took no

notice of the communication, not feeling himself bound to carry out his

threat by withdrawing his assistance from his client. But Robert and

William Bolton agreed to have Crinkett's movements watched by a

detective policeman. They were both determined that if possible Crinkett

and the woman should be kept in the country.

In these days the old Squire made many changes in his residence,

vacillating between his house in Cambridge and the house at Folking. His

books were at Cambridge, and he could not have them brought back; and

yet he felt that he ought to evince his constancy to his son, his

conviction of his son's innocence, by remaining at Folking. And he was

aware, too, that his presence there was a comfort both to his son and

Hester. When John Caldigate had gone up to London, his father had been

in Cambridge, but on his return he found the old Squire at his old house.

'Yes,' he said, telling the story of what he had just done, 'I have paid

twenty thousand pounds out of hand to those rascals, simply because I

thought I owed it to them!' The Squire shook his head, not being able

to approve of the act.' I don't see why I should have allowed myself to

be hindered from doing what I thought to be right because they were

doing what they knew to be wrong.'

'They won't go, you know.'

'I daresay not, sir. Why should they?'

'But the jury will believe that you intended to purchase their absence.'

'I think I have made all that clear.'

'I am afraid not, John. The man applied to you for the money, and was

refused. That was the beginning of it. Then the application was repeated

by the woman with a threat; and you again refused. Then they present

themselves to the magistrates, and make the accusation; and, upon that,

you pay the money. Of course it will come out at the trial that you paid

it immediately after this renewed application from Bollum. It would have

been better to have defied them.'

'I did defy them,' said John Caldigate. But all that his father said

seemed to him to be true, so that he repented himself of what he had

done.

He made no inquiry on the subject, but, early in May he heard from Mr.

Seely that Crinkett and the woman were still in London, and that they

had abandoned the idea of going at once to Australia. According to Mr.

Seely's story,--of the truth of which he declared himself to be by

no means certain,--Crinkett had wished to go, but had been retained

by the woman. 'As far as I can learn,' said Mr. Seely, 'she is in

communication with the Boltons, who will of course keep her if it be

possible. He would get off if he could; but she, I take it, has got

hold of the money. When you made the cheque payable to her order, you

effectually provided for their remaining here. If he could have got the

money without her name, he would have gone, and she would have gone

with him.'

'But that was not my object,' said Caldigate angrily. Mr. Seely

thereupon shrugged his shoulders. Early in June the man came back who

had been sent out to Sydney in February on behalf of Caldigate. He also

had been commissioned to seek for evidence, and to bring back with him,

almost at any cost, whatever witness or witnesses he might find whose

presence in England would serve Caldigate's cause. But he brought no

one, and had learned very little. He too had been at Ahalala and at

Nobble. At Nobble the people were now very full of the subject and were

very much divided in opinion. There were Crinketters and

anti-Crinketters, Caldigatites and anti-Caldigatites. A certain number

of persons were ready to swear that there had been a marriage, and an

equal number, perhaps, to swear that there had been none. But no new

fact had been brought to light. Dick Shand had not been found,--who had

been living with Caldigate when the marriage was supposed to have been

solemnised. Nor had that register been discovered from which the copy of

the certificate was supposed to have been taken. All through the

Colony,--so said this agent,--a very great interest was felt in the

matter. The newspapers from day to day contained paragraphs about it.

But nobody had appeared whom it was worth while to bring home. Mrs.

Henniker, of the hotel at Nobble, had offered to swear that there had

been no marriage. This offer she made and repeated when she had come to

understand accurately on whose behalf this last agent had come to the

Colony. But then, before she had understood this, she had offered to

swear the reverse; and it became known that she was very anxious to be

carried back to the old country free of expense. No credible witness

could be found who had heard Caldigate call the woman Mrs. Smith after

the date assigned to the marriage. She no doubt had used various names,

had called herself sometimes Mrs. Caldigate, sometimes Mrs. Smith, but

generally, in such documents as she had to sign in reference to her

mining shares, Euphemia Cettini. It was by that name that she had been

known in Sydney when performing on the stage, and it was now alleged on

her behalf that she had bought and sold shares in that name under the

idea that she would thus best secure to herself their separate and

undisturbed possession. Proof was brought home that Caldigate himself

had made over to her shares in that name; but Mr. Seely did not depend

much on this as proof against the marriage.

Mr. Seely seemed to depend very little on anything,--so little that

Caldigate almost wished that he had carried out his threat and thrown

up the case. 'Does he not believe you when you tell him?' his wife

asked. Caldigate was forced to confess that apparently the lawyer did

not believe him. In fact, Mr. Seely had even said as much. 'In such

cases a lawyer should never believe or disbelieve; or, if he does,

he should never speak of his belief. It is with your acquittal or

conviction that I am concerned, in which matter I can better assist you

by cool judgment than by any fervid assurance.' All this made Caldigate

not only angry but unhappy, for he could not fail to perceive that the

public around him were in the same mind as Mr. Seely. In his own parish

they believed him, but apparently not beyond his parish. It might be

possible that he should escape,--that seemed to be the general opinion;

but then general opinion went on to declare that there was no reason

for supposing that he had not married the woman merely because he said

that he had not done so.

Then gradually there fell upon poor Hester's mind a doubt,--and, after

that, almost a conviction. Not a doubt as to her husband's truth! No

suspicion on that score ever troubled her for a moment. But there came

upon her a fear, almost more than a fear, that these terrible enemies

would be strong enough to override the truth, and to carry with them

both a judge and a jury. As the summer months ran on, they all became

aware that for any purpose of removing the witnesses the money had been

paid in vain. Crinkett was living in all opulence at a hotel at

Brighton; and the woman, calling herself Mrs. Caldigate, had taken

furnished apartments in London. Rumour came that she was frequently seen

at the theatres, and that she had appeared more than once in an open

carriage in the parks. There was no doubt but that Caldigate's money had

made them very comfortable for the present. The whole story of the money

had been made public, and of course there were various opinions about

it. The prevailing idea was, that an attempt had been made to buy off

the first wife, but that the first wife had been clever enough to get

the money without having to go. Caldigate was thought to have been very

foolish; on which subject Bollum once expressed himself strongly to a

friend. 'Clever!' he said; 'Caldigate clever! The greatest idiot I ever

came across in my life! I'd made it quite straight for him,--so that

there couldn't have been a wrinkle. But he wouldn't have it. There are

men so soft that one can't understand 'em.' To do Bollum justice it

should be said that he was most anxious to induce his uncle and the

woman to leave the country when they had got the money.

Though very miserable, Hester was very brave. In the presence of her

husband she would never allow herself to seem to doubt. She would speak

of their marriage as a thing so holy that nothing within the power of

man could disturb it. Of course they were man and wife, and of course

the truth would at last prevail. Was not the Lord able, in His own good

time, to set all these matters right? And in discussing the matter with

him she would always seem to imply that the Lord's good time would be

the time of the trial. She would never herself hint to him that there

might be a period of separation coming. Though in secrecy she was

preparing for what might befall him, turning over in her woman's mind

how she might best relieve the agony of his jail, she let no sign

escape her that she looked forward to such misery. She let no such sign

escape her in her intercourse with him. But with his father she could

speak more freely. It had, indeed, come to be understood between her and

the old Squire, that it would be best that they should discuss the

matter openly. Arrangements must be made for their future life, so that

when the blow came they might not be unprepared. Hester declared that

nothing but positive want of shelter should induce her to go back to

Chesterton. 'They think him to be all that's bad,' she said. 'I know him

to be all that's good. How is it possible that we should live together?'

The old man had, of course, turned it over much in his mind. If it could

be true that that woman had in truth become his son's wife, and that

this dear, sweet, young mother had been deceived, betrayed, and cheated

out of her very existence, then that house at Folking could be no proper

home for her. Her grave would be best, but till that might be reached

any home would be better than Folking. But he was almost sure that it

was not so, and her confidence,--old as he was, and prone to be

suspicious,--made him confident.

When the moment came he could not doubt how he would answer her. He

could not crush her spirit by seeming for a moment to have a suspicion.

'Your home, of course, shall be here,' he said. 'It shall be your own

house.'

'And you?'

'It shall be my house too. If it should come to that, we will be, at any

rate, together. You shall not be left without a friend.'

'It is not for myself,' she said; 'but for his boy and for him;--what

will be best for them. I would take a cabin at the prison-gate, so as to

be nearest to him,--if it were only myself.' And so it was settled

between them, that should that great misery fall upon them, she would

remain at Folking and he would remain with her. Nothing that judge or

jury could do would deprive her of the right to occupy her husband's

house.

In this way the months of May and June and the first fortnight of July

wore themselves away, and then the time for the trial had come. Up to

the last it had been hoped that tidings might be heard either by letter

or telegram from Dick Shand; but it seemed that he had vanished from the

face of the earth. No suggestion of news as to his whereabouts was

received on which it might have been possible to found an argument for

the further postponement of the trial. Mr. Seely had been anxious for

such postponement,--perhaps thinking that as the hotel at Brighton and

the carriages in the park were expensive, Crinkett and the lady might

take their departure for Australia without saying a word to the lawyer

who had undertaken the prosecution. But there was no adequate ground for

delay, and on Tuesday the 17th July the trial was to be commenced. On

the previous day Caldigate, at his own request, was introduced to Sir

John Joram, who had been brought down special to Cambridge for his

defence. Mr. Seely had advised him not to see the barrister who was to

defend him, leaving it, however, quite at his option to do so or not as

he pleased. 'Sir John will see you, but I think he had rather not,' said

Mr. Seely. But Caldigate had chosen to have the interview. 'I have

thought it best to say just one word to you,' said Caldigate.

'I am quite at your service,' said Sir John.

'I want you to hear from my own lips that a falser charge than this was

never made against a man.'

'I am glad to hear it,' said Sir John,--and then he paused. 'That is to

say, Mr. Caldigate, I am bound in courtesy to you to make some such

civil reply as I should have made had I not been employed in your case,

and had circumstances then induced you to make such a statement to me.

But in truth, as I am so employed, no statement from your lips ought to

affect me in the least. For your own sake I will say that no statement

will affect me. It is not for me to believe or disbelieve anything in

this matter. If carried away by my feelings, I were to appeal to the

jury for their sympathy because of my belief, I should betray your

cause. It will be my duty not to make the jury believe you, who, in your

position, will not be expected even to tell the truth; but to induce

them, if possible, to disbelieve the witnesses against you who will be

on their oath. Second-hand protestations from an advocate are never of

much avail, and in many cases have been prejudicial. I can only assure

you that I understand the importance of the interests confided to me,

and that I will endeavour to be true to my trust.'

Caldigate, who wanted sympathy, who wanted an assurance of confidence in

his word, was by no means contented with his counsellor; but he was too

wise at the present moment to quarrel with him.

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