Chapter XLII

The Second Day

The court had been very full on the first day of the trial, but on the

following morning it was even more crowded, so that outsiders who had no

friend connected with justice, had hardly a chance of hearing or seeing

anything. Many of the circumstances of the case had long been known to

the public, but matters of new and of peculiar interest had been

elicited,--the distinct promise made by the woman to marry another man,

so as to render her existing husband safe in his bigamy by committing

bigamy herself,--the payment to these people by Caldigate of an immense

sum of money,--the fact that they two had lived together in Australia

whether married or not;--all this, which had now been acknowledged on

both sides, added to the romance of the occasion. While it could hardly

be doubted, on the one side, that Caldigate had married the woman,--so

strong was the evidence,--it could not be at all doubted, on the other

side, that the accusation had been planned with the view of raising

money, and had been the result of a base conspiracy. And then there was

the additional marvel, that though the money had been paid,--the whole

sum demanded,--yet the trial was carried on. The general feeling was

exactly that which Robert Bolton had attributed to the jury. People did

believe that there had been a marriage, but trusted nevertheless that

Caldigate might be acquitted,--so that his recent marriage might be

established. No doubt there was a feeling with many that anything done

in the wilds of Australia ought not 'to count' here at home in England.

Caldigate with his father was in court a little before ten, and at that

hour punctually the trial was recommenced. The first business was the

examination of Adamson, who was quite clear as to the marriage. He had

been concerned with Crinkett in money operations for many years, and

had been asked by him to be present simply as a witness. He had never

been particularly intimate with Caldigate, and had had little or

nothing to do with him afterwards. He was cross-examined by the second

gentleman, but was not subjected to much annoyance. He had put what

little money he possessed into the Polyeuka mine, and had come over to

England because he had thought that, by so doing, he might perhaps get

a portion of his money back. Had there been a conspiracy, and was he

one of the conspirators? Well, he rather thought that there had been

a conspiracy, and that he was one of the conspirators. But then he

had only conspired to get what he thought to be his own. He had lost

everything in the Polyeuka mine; and as the gentleman no doubt had

married the lady, he thought he might as well come forward,--and that

perhaps in that way he would get his money. He did not mind saying that

he had received a couple of thousand pounds, which was half what he had

put into Polyeuka. He hoped that, after paying all his expenses, he

would be able to start again at the diggings with something above a

thousand. This was all straight sailing. The purpose which he had in

view was so manifest that it had hardly been worth while to ask him the

questions.

Anna Young was the next, and she encountered the sweet courtesies of Sir

John Joram. These sweet courtesies were prolonged for above an hour,

and were not apparently very sweet to Miss Young. Of the witnesses

hitherto examined she was the worst. She had been flippantly confident

in her memories of the marriage ceremony when questioned on behalf of

the prosecution, but had forgotten everything in reference to her

friend's subsequent married life. She had forgotten even her own life,

and did not quite know where she had lived. And at last she positively

refused to answer questions though they were asked with the most

engaging civility. She said that, 'Of course a lady had affairs which

she could not tell to everybody.' 'No, she didn't mean lovers;--she

didn't care for the men at all.' 'Yes; she did mean money. She had done

a little mining, and hoped to do a little more.' 'She was to have a

thousand pounds and her expenses, but she hadn't got the money

yet,'--and so on. Probably of all the witnesses yet examined Miss Young

had amused the court the most.

There were many others, no doubt necessary for the case, but hardly

necessary for the telling of the story. Captain Munday was there, the

captain of the Goldfinder, who spoke of Caldigate's conduct on board,

and of his own belief that they two were engaged when they left the

ship. 'As we are prepared to acknowledge that there was an engagement, I

do not think that we need trouble you, Captain Munday,' said Sir John.

'We only deny the marriage.' Then the cheque for twenty thousand pounds

was produced, and clerks from the bank to prove the payment, and the old

waiter from the Jericho Coffee-house,--and others, of whom Sir John

Joram refused to take any notice whatever. All that had been

acknowledged. Of course the money had been paid. Of course the intimacy

had existed. No doubt there had been those interviews both at Folking

and up in London. But had there ever been a marriage in that tent at

Ahalala? That, and that only, was the point to which Sir John Joram

found it necessary to give attention.

A slight interval was allowed for lunch, and then Sir John rose to

begin his speech. It was felt on all sides that his speech was to be

the great affair of the trial. Would he be able so to represent these

witnesses as to make a jury believe that they had sworn falsely, and

that the undoubted and acknowledged conspiracy to raise money had been

concocted without any basis of truth? There was a quarter of an hour

during which the father remained with his son in the precincts of the

prison, and then the judge and the lawyers, and all they whose places

were assured to them trooped back into court. They who were less

privileged had fed themselves with pocketed sandwiches, not caring to

risk the loss of their seats.

Sir John Joram began by holding, extended in his fingers towards the

jury, the envelope which had undoubtedly been addressed by Caldigate to

'Mrs. Caldigate, Ahalala, Nobble,' and in which a certain letter had

been stated to have been sent by him to her. 'The words written on that

envelope,' said he, 'are to my mind the strongest evidence I have ever

met of the folly to which a man may be reduced by the softness of

feminine intercourse. I acknowledge, on the part of my client, that he

wrote these words. I acknowledge that if a man could make a woman his

wife by so describing her on a morsel of paper, this man would have made

this woman his wife. I acknowledge so much, though I do not acknowledge,

though I deny, that any letter was ever sent to this woman in the

envelope which I hold in my hand. His own story is that he wrote those

words at a moment of soft and foolish confidence, when they two together

were talking of a future marriage,--a marriage which no doubt was

contemplated, and which probably had been promised. Then he wrote the

address, showing the woman the name which would be hers should they ever

be married;--and she has craftily kept the document. That is his story.

That is my story. Now I must show you why I think it also should be your

story. The woman,--I must describe her in this way lest I should do her

an injustice by calling her Mrs. Smith, or do my client an injustice by

calling her Mrs. Caldigate,--has told you that this envelope, with an

enclosure which she produced, reached her at Nobble through the post

from Sydney. To that statement I call upon you to give no credit. A

letter so sent would, as you have been informed, bear two postmarks,

those of Sydney and of Nobble. This envelope bears one only. But that is

not all. I shall call before you two gentlemen experienced in affairs of

the post-office, and they will tell you that the postmarks on this

envelope, both that of the town, Sydney, and that by which the postage

stamp is obliterated, are cleaner, finer, and better perceived than they

would have been had it passed in ordinary course through the

post-office. Letters in the post-office are hurried quickly through the

operation of stamping, so that one passing over the other while the

stamping ink is still moist, will to some extent blot and blur that with

which it has come in contact. He will produce some dozens taken at

random, and will show that with them all such has been the case. This

blotting, this smudging, is very slight, but it exists; it is always

there. He will tell you that this envelope has been stamped as one and

alone,--by itself,--with peculiar care;--and I shall ask you to believe

that the impression has been procured by fraud in the Sydney

post-office. If that be so; if in such a case as this fraud be once

discovered, then I say that the whole case will fall to the ground, and

that I shall be justified in telling you that no word that you have

heard from these four witnesses is worthy of belief.

'Nothing worthy of belief has been adduced against my client unless that

envelope be so. That those four persons have conspired together for the

sake of getting money is clear enough. To their evidence I shall come

presently, and shall endeavour to show you why you should discredit

them. At present I am concerned simply with this envelope, on which I

think that the case hangs. As for the copy of the register, it is

nothing. It would be odd indeed if in any conspiracy so much as that

could not be brought up. Had such a register been found in the archives

of any church, however humble, and had an attested copy been produced,

that would have been much. But this is nothing. Nor is the alleged

letter from Mr. Allan anything. Were the letter genuine it would show

that such a marriage had been contemplated, not that it had been

solemnised. We have, however, no evidence to make us believe that the

letter is genuine. But this envelope,'--and he again stretched it out

towards the jury,--'is evidence. The impression of a post-office stamp

has often been accepted as evidence. But the evidence may be false

evidence, and it is for us to see whether it may not probably be so now.

'In the first place, such evidence requires peculiar sifting, which

unfortunately cannot be applied to it in the present case, because it

has been brought to us from a great distance. Had the envelope been in

our possession from the moment in which the accusation was first made,

we might have tested it, either by sending it to Sydney or by obtaining

from Sydney other letters or documents bearing the same stamp, affixed

undoubtedly on the date here represented. But that has not been within

our power. The gentlemen whom I shall bring before you will tell you

that these impressions or stamps have a knack of verifying themselves,

which makes it very dangerous indeed for fraudulent persons to tamper

with them. A stamp used in June will be hardly the same as it will be in

July. Some little bruise will have so altered a portion of the surface

as to enable detection to be made with a microscope. And the stamp used

in 1870 will certainly have varied its form in 1871. Now, I maintain

that time and opportunity should have been given to us to verify this

impression. Copies of all impressions from day to day are kept in the

Sydney post-office, and if it be found that on this day named, the 10th

of May, no impression in the Sydney office is an exact facsimile of this

impression then I say that this impression has been subsequently and

fraudulently obtained, and that the only morsel of corroborative

evidence offered to you will be shown to be false evidence. We have been

unable to get impressions of this date. Opportunities have not been

given to us. But I do not hesitate to tell you that you should demand

such opportunities before you accept that envelope as evidence on which

you can send my client to jail, and deprive that young wife, whom he has

made his own, of her husband, and afford the damning evidence of your

verdict towards robbing his son of his legitimacy.'

He said very much more about the envelope, clearly showing his own

appreciation of its importance and declaring again and again that if

he could show that a stain of perjury affected the evidence in any

one point all the evidence must fall to the ground, and that if there

were ground to suspect that the envelope had been tampered with,

then that stain of perjury would exist. After that he went on to the

four conspirators, as he called them, justifying the name by their

acknowledged object of getting money from his client. 'That they came

to this country as conspirators, with a fraudulent purpose, my learned

friend will not deny.'

'I acknowledge nothing of the kind,' said the learned friend.

'Then my learned friend must feel that his is a case in which he cannot

safely acknowledge anything. I do not doubt, gentlemen, but that you

have made up your mind on that point.' He went on to show that they

clearly were conspirators;--that they had confessed as much themselves.

'It is no doubt possible that my client may have married this female

conspirator, and she is not the less entitled to protection from the

law because she is a conspirator. Nor, because she is a conspirator,

should he be less amenable to the law for the terrible injury he would

then have done to that other lady. But if they be conspirators,--if it

be shown to you that they came to this country,--not that the woman

might claim her husband, not that the others might give honest

testimony against a great delinquent,--but in order that they might

frighten him out of money, then I am entitled to tell you that you

should not rest on their evidence unless it be supported, and that

the fact of their conspiracy gives you a right, nay, makes it your

imperative duty, to suspect perjury.'

The remainder of the day was taken up with Sir John's speech, and with

the witnesses which he called for the defence. He certainly succeeded in

strengthening the compassion which was felt for Caldigate and for the

unfortunate young mother at Folking. 'It was very well,' he said, 'for

my learned friend to tell you of the protection which is due to a

married woman when a husband has broken the law, and betrayed his trust

by taking another wife to himself, as this man is accused of having

done. But there is another aspect in which you will regard the question.

Think of that second wife and of her child, and of the protection which

is due to her. You well know that she does not suspect her husband, that

she fears nothing but a mistaken verdict from you,--that she will be

satisfied, much more than satisfied, if you will leave her in possession

of her home, her husband, and the unalloyed domestic happiness she has

enjoyed since she joined her lot with his. Look at the one woman, and

then at the other. Remember their motives, their different lives, their

different joys, and what will be the effect of your verdict upon each of

them. If you are satisfied that he did marry that woman, that vile

woman, the nature of whose life has been sufficiently exposed to you,

of course your verdict must be against him. The law is the law, and must

be vindicated. In that case it will be your duty, your terrible duty, to

create misery, to destroy happiness, to ruin a dear innocent young

mother and her child, and to separate a loving couple, every detail of

whose life is such as to demand your sympathy. And this you must do at

the bidding of four greedy, foul conspirators. Innocent, sweet,

excellent in all feminine graces as is the one wife,--unlovely

unfeminine, and abhorrent as is the other,--you must do your duty. God

forbid that I should ask you to break an oath, even for the sake of that

young mother. But in such a case, I do think, I may ask you to be very

careful as to what evidence you accept. I do think that I may again

point out to you that those four witnesses, bound as they are together

by a bond of avarice, should be regarded but as one,--and as one to

whose sworn evidence no credit is due unless it be amply corroborated. I

say that there is no corroboration. This envelope would be strong

corroboration if it had been itself trustworthy.' When he sat down the

feeling in court was certainly in favour of John Caldigate.

Then a cloud of witnesses were brought up for the defence, each of whom,

however, was soon despatched. The two clerks from the post-office gave

exactly the evidence which Sir John had described, and exposed to the

jury their packet of old letters. In their opinion the impression on the

envelope was finer and cleaner than that generally produced in the

course of business. Each of them thought it not improbable that the

impression had been surreptitiously obtained. But each of them

acknowledged, on cross-examination, that a stamp so clean and perfect

might be given and maintained without special care; and each of them

said that it was quite possible that a letter passing through the

post-office might escape the stamp of one of the offices in which it

would be manipulated.

Then there came the witnesses as to character, and evidence was given as

to Hester's determination to remain with the man whom she believed to be

her husband. As to this there was no cross-examination. That Caldigate's

life had been useful and salutary since his return to Folking no one

doubted,--nor that he had been a loving husband. If he had committed

bigamy, it was, no doubt, for the public welfare that such a crime

should be exposed and punished. But that he should have been a bigamist,

would be a pity,--oh, such a pity! The pity of it; oh, the pity of it!

For now there had been much talk of Hester and her home at Folking, and

her former home at Chesterton; and people everywhere concerned

themselves for her peace, for her happiness, for her condition of life.

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