CHAPTER XIII: COMMITTED FOR TRIAL

After a talk with Luke Marner early in the morning Bill Swinton went

down into Marsden to hear if there was any news of Ned. He was soon back

again.

“Maister Ned's took,” he said as he met Luke, who was standing in front

of his cottage awaiting his return before starting out to renew his

search for Ned.

“Oi hear, at noine o'clock last noight he walked in to Justice

Thompson's and said as he had coom to give hisself up. He said as how

he had been over at Painton, where the old woman as was his nurse lives;

and directly as the news coom in t' arternoon as Foxey had been killed

and he was wanted for the murder, he coom straight over.”

“That's roight,” Luke said heartily; “that settles it. He must ha' been

innocent or he would ha' bolted straight away, and not coom back and

gi'd hisself oop to justice. It were only his hiding away as maade oi

think as he moight ha' done it. Noo in course he will be able to clear

hisself; for if he was over at Painton, why, he couldn't be here--that

be plain to any one.”

“Oi be aveared, by what t' constable told me, as he won't be able vor to

prove it. It seems as how he didn't get to Painton till t' morning. He

says as how he were awalking aboot on t' moor all night. So you see he

will have hard work vor to clear hisself.”

“Then I shall ha' to give meself up,” Luke said quietly. “Ye see as

it can't do him harm now, 'cause he ha' coom back; and ef oi says as I

killed the man they will open the doors, and he will only have to walk

out.”

“Oi ha' been a-thinking of that as I coom back,” Bill said, “and oi

doan't think as oi see my way clear through it now. Firstly, if Maister

Ned did it, of course he will hold his tongue and leave 'em to prove it,

which maybe they can't do; so he has a chance of getting off. But if you

cooms forward and owns up, he will be saaf, if he did it, to say so at

once; and so you will have done him harm rather nor good. Vor of course

he will be able to prove his story better nor you will yourn, and you

will have put the noose round his neck instead of getting it put round

yourn. In the second place, it be loike enough as they lawyer chaps

moight find out as your story weren't true when they coom to twisting

me inside owt in the box. They might foind as oi war a-swearing false.

There be never no saying. They moight prove as that bit of rope warn't

yourn. Polly moight swear as she hadn't been asleep till arter the

time you said you went out, and that you never moved as long as she war

awake. Lots of unexpected things moight turn up to show it war a lie and

then you know they'd drop onto Maister Ned wourse nor ever.”

“I doan't believe they would ask you any questions, Bill. When a

man cooms and says, 'Oi did a murder,' they doan't want to ask many

questions aboot it. They takes it vor granted as he wouldn't be such a

fool as vor to say he did it when he didn't. But th' other point be more

sarous. It be loike enough as t' lad did it, and if he did he will out

wi' it when oi cooms forward. If oi could get to see him first oi moight

argue him into holding his tongue by pointing owt that moi loife bain't

of so much valley as hissen, also that I owe a debt to his feyther.”

“Well, oi ha' been thinking it over,” Bill said, “and moi opinion is

thou had best hold thy tongue till the trial. Thou can'st be in the

court. Ef the jury foind him innocent, of course thou will't hold thy

tongue; ef they foind him guilty, then thou'lt get up in the court, and

thou'lt say to the joodge, civil loike:

“Moi lord, the gentlemen of the jury have made a mistake; oi am the

chap as killed Foxey and oi ha' got a young man here as a witness as moi

words is true.”

“Perhaps that will be the best way, Bill,” Luke said thoughtfully. “Oi

ha' bin thinking how we moight get over Polly's evidence agin me; every

noight oi will get up regular and coom and ha' a talk wi' you; oi will

coom out wi'out my shoes as quiet as a cat, and then if Polly sweers

as oi didn't leave t' house that noight thou can'st sweer as she knows

nothing at all aboot it, as oi ha' been out every noight to see thee.”

So the matter was allowed to stand for the time; and Bill and Luke, when

they had had their breakfast, went down again to Marsden to hear what

was going on. Marsden was greatly excited. The sensation caused by the

news of the murder scarcely exceeded that which was aroused when it was

heard that Ned Sankey had come in and given himself up. Some thought

that at the examination which was to take place at noon he would at once

confess his guilt, while others believed that he would plead not guilty,

and would throw the burden of proving that he killed his stepfather upon

the prosecution.

All through the previous day Mrs. Mulready had been the central object

of interest to the town gossips pending the capture of her son. Dr.

Green had been in and out of the house all day. It was known that she

had passed from one fit of hysterics into another, and that the doctor

was seriously alarmed about her state. Rumors were about that the

servants, having been interviewed at the back gate, said, that in the

intervals of her screaming and wild laughter she over and over again

accused Ned as the murderer of her husband. Dr. Green, when questioned,

peremptorily refused to give any information whatever as to his

patient's opinions or words.

“The woman is well nigh a fool at the best of times,” he said irritably,

“and at present she knows no more what she is saying than a baby. Her

mind is thrown completely off any little balance that it had and she is

to all intents and purposes a lunatic.”

Only with his friend Mr. Porson, who called upon him after the first

visit had been paid to Mrs. Mulready immediately after her husband's

body had been brought in, did Dr. Green discuss in any way what had

happened.

“I agree with you, Porson, in doubting whether the poor boy had a hand

in this terrible business. We both know, of course, that owing to the

bad training and total absence of control when he was a child in India

his temper was, when he first came here, very hot and ungovernable.

His father often deplored the fact to me, blaming himself as being to

a great extent responsible for it, through not having had time to watch

and curb him when he was a child; but he was, as you say, an excellently

disposed boy, and your testimony to the efforts which he has made to

overcome his faults is valuable. But I cannot conceal from you, who are

a true friend of the boy's, what I should certainly tell to no one else,

namely, that I fear that his mother's evidence will be terribly against

him.

“She has always been prejudiced against him. She is a silly, selfish

woman. So far as I could judge she cared little for her first husband,

who was a thousand times too good for her; but strangely enough she

appears to have had something like a real affection for this man

Mulready, who, between ourselves, I believe, in spite of his general

popularity in the town, to have been a bad fellow. One doesn't like to

speak ill of the dead under ordinary circumstances, but his character

is an important element in the question before us. Of course among my

poorer patients I hear things of which people in general are ignorant,

and it is certain that there was no employer in this part of the country

so thoroughly and heartily detested by his men.”

“I agree with you cordially,” Mr. Porson said. “Unfortunately I know

from Ned's own lips that the lad hated his stepfather; but I can't bring

myself to believe that he has done this.”

“I hope not,” the doctor said gravely, “I am sure I hope not; but I have

been talking with his brother, who is almost heartbroken, poor boy, and

he tells me that there was a terrible scene last night. It seems that

Mulready was extremely cross and disagreeable at tea time; nothing,

however, took place at the table; but after the meal was over, and the

two boys were alone together in that little study of theirs, Ned made

some disparaging remarks about Mulready. The door, it seems, was open.

The man overheard them, and brutally assaulted the boy, and indeed

Charlie thought that he was killing him. He rushed in and fetched his

mother, who interfered, but not before Ned had been sadly knocked about.

Mulready then drove off to his factory, and Ned, who seems to have been

half stunned, went out almost without saying a word, and, as you know,

hasn't been heard of since.

“It certainly looks very dark against him. You and I, knowing the boy,

and liking him, may have our doubts, but the facts are terribly against

him, and unless he is absolutely in the position to prove an alibi, I

fear that it will go hard with him.”

“I cannot believe it,” Mr. Porson said, “although I admit that the facts

are terribly against him. Pray, if you get an opportunity urge upon his

mother that her talk will do Ned horrible damage and may cost him his

life. I shall at once go and instruct Wakefield to appear for him, if

he is taken, and to obtain the best professional assistance for his

defense. I feel completely unhinged by the news, the boy has been such a

favorite of mine ever since I came here; he has fought hard against his

faults, and had the makings of a very fine character in him. God grant

that he may be able to clear himself of this terrible accusation!”

Ned's first examination was held on the morning after he had given

himself up, before Mr. Simmonds and Mr. Thompson. The sitting was a

private one. The man who first found Mr. Mulready's body testified to

the fact that a rope had been laid across the road. Constable Williams

proved that when he arrived upon the spot nothing had been touched. Man

and horse lay where they had fallen, the gig was broken in pieces, a

strong rope was stretched across the road. He said that on taking the

news to Mrs. Mulready he had learned from the servants that the prisoner

had not slept at home that night, and that there had been a serious

quarrel between him and the deceased the previous evening.

After hearing this evidence Ned was asked if he was in a position to

account for the time which had elapsed between his leaving home and his

arrival at his nurse's cottage.

He replied that he could only say that he had been wandering on the

moor.

The case was remanded for a week, as the evidence of Mrs. Mulready

and the others in the house would be necessary, and it was felt that

a mother could not be called upon to testify against her son with her

husband lying dead in the house.

“I am sorry indeed to see you in this position,” Mr. Simmonds said to

Ned. “My friendship for your late father, and I may say for yourself,

makes the position doubly painful to me, but I can only do my duty. I

should advise you to say nothing at this period of the proceedings; but

if there is anything which you think of importance to say, and which

will give another complexion to the case, I am ready to hear it.”

“I have nothing to say, sir,” Ned said quietly, “except that I am wholly

innocent of the affair. As you may see by my face I was brutally beaten

by my stepfather on the evening before his death. I went out of the

house scarce knowing what I was doing. I had no fixed intention of going

anywhere or of doing anything, I simply wanted to get away from home. I

went on to the moors and wandered about, I suppose for some hours. Then

I threw myself down under the shelter of a pile of stones and lay there

awake till it was morning. Then I determined to go to the house of my

old nurse and to stop there until I was fit to be seen. In the afternoon

I heard what had taken place here, and that I was accused of the murder,

and I at once came over here and gave myself up.”

“As you are not in a position to prove what you state,” Mr. Simmonds

said, “we have nothing to do but to remand the case until this day week.

I may say that I have received a letter from Dr. Green saying that he

and Mr. Porson are ready to become your bail to any amount; but we could

not think of accepting bail in a charge of murder.”

Ned bowed and followed the constable without a word to the cells. His

appearance had not been calculated to create a favorable impression.

His clothes were stained and muddy; his lips were swollen, his eyes were

discolored and so puffed that he could scarcely see between the lids,

his forehead was bruised and cut in several places. He had passed two

sleepless nights; his voice had lost its clearness of ring and was low

and husky. Mr. Simmonds shook his head to his fellow magistrate.

“I am afraid it's a bad case, Thompson, but the lad has been terribly

ill used, there is no doubt about that. It's a thousand pities he takes

up the line of denying it altogether. If he were to say, what is no

doubt the truth, that having been brutally beaten he put the rope across

the road intending to punish and even injure his stepfather, but without

any intention of killing him, I think under the circumstances of extreme

provocation, and what interest we could bring to bear on the matter,

he would get off the capital punishment, for the jury would be sure to

recommend him to mercy. I shall privately let Green and Porson, who

are evidently acting as his friends in the matter, know that I think it

would be far better for him to tell the truth and throw himself on the

mercy of the crown.”

“They may not find him guilty,” Mr. Thompson said. “The jury will see

that he received very strong provocation; and after all, the evidence

is, so far as we know at present, wholly circumstantial, and unless

the prosecution can bring home to him the possession of the rope, it is

likely enough they will give him the benefit of the doubt.”

“His life is ruined anyhow,” Mr. Simmonds said. “Poor lad! poor lad!

Another fortnight and I was going to apply for a commission for him.

I wish to heavens I had done so at Christmas, and then all this misery

would have been spared.”

As soon as Ned had been led back to the cell Mr. Porson obtained

permission to visit him. He found him in a strange humor.

“Well, my poor boy,” he began, “this is a terrible business.”

“Who do you mean it is a terrible business for, Mr. Porson, me or him?”

Ned spoke in a hard unnatural voice, without the slightest tone of

trouble or emotion. Mr. Porson perceived at once that his nerves were

brought up to such a state of tension by the events of the preceding

forty-eight hours that he was scarce responsible for what he was saying.

“I think I meant for you, Ned. I cannot pretend to have any feeling for

the man who is dead, especially when I look at your face.”

“Yes, it is not a nice position for me,” Ned said coldly, “just at the

age of seventeen to be suspected of the murder of one's stepfather, and

such a nice stepfather too, such a popular man in the town! And not only

suspected, but with a good chance of being hung for it.”

“Ned, my dear boy,” Mr. Porson said kindly, “don't talk in that way. You

know that we, your friends, are sure that you did not do it.”

“Are you quite sure, sir?” Ned said. “I am not quite sure myself. I know

I should have done it if I had had the chance. I thought over all sorts

of ways in which I might kill him, and I wouldn't quite swear that I did

not think of this plan and carry it out, though it doesn't quite seem

to me that I did. I have no very definite idea what happened that night,

and certainly could give but a vague account of myself from the time I

left the house till next morning, when I found myself lying stiff and

half frozen on the moor. Anyhow, whether I killed him or not it's all

the same. I should have done so if I could. And if some one else has

saved me the trouble I suppose I ought to feel obliged to him.”

Mr. Porson saw that in Ned's present state it was useless to talk to

him. Two nights without sleep, together with the intense excitement he

had gone through, had worked his brain to such a state of tension that

he was not responsible for what he was saying. Further conversation

would do him harm rather than good. What he required was rest and, if

possible, sleep. Mr. Porson therefore only said quietly:

“We will not talk about it now, Ned; your brain is over excited with all

you have gone through. What you want now is rest and sleep.”

“I don't feel sleepy, Mr. Porson. I don't feel as if I should ever get

to sleep again. I don't look like it, do I?”

“No, Ned, I don't think you do at present; but I wish you did, my boy.

Well, remember that we, your old friends, all believe you innocent of

this thing, and that we will spare no pains to prove it to the world.

I see,” he said, looking at the table, “that you have not touched your

breakfast. I am not surprised that you could not eat it. I will see that

you have a cup of really good tea sent you in.”

“No,” Ned said with a laugh which it pained Mr. Porson to hear, “I have

not eaten since I had tea at home. It was only the day before yesterday,

but it seems a year.”

On leaving the cell Mr. Porson went to Dr. Green, who lived only three

or four doors away, told him of the state in which he had found Ned,

and begged him to give him a strong and, as far as possible, tasteless

sedative, and to put it in a cup of tea.

“Yes, that will be the best thing,” the doctor replied. “I had better

not go and see him, for talking will do him harm rather than good. We

shall be having him on our hands with brain fever if this goes on. I

will go round with the tea myself to the head constable and tell him

that no one must on any account be permitted to see Ned, and that rest

and quiet are absolutely necessary for him. I will put a strong dose of

opium into the tea.”

Ten minutes later Dr. Green called upon the chief constable and told him

that he feared from what he had heard from Mr. Porson that Ned was in

a very critical state, and that unless he got rest and sleep he would

probably have an attack of brain fever, even if his mind did not give

way altogether.

“I was intending to have him removed at once,” the officer said, “to

a comfortable room at my own house. He was only placed where he is

temporarily. I exchanged a few words with him after the examination and

was struck myself with the strangeness of his tone. Won't you see him?”

“I think that any talk is bad for him,” the doctor said. “I have put

a strong dose of opium in this tea, and I hope it will send him off to

sleep. When he recovers I will see him.”

“I think, doctor,” the constable said significantly, “it would be a good

thing if you were to see him at once. You see, if things go against him,

and between ourselves the case is a very ugly one, if you could get in

the box and say that you saw him here, and that, in your opinion, his

mind was shaken, and that as likely as not he had not been responsible

for his actions from the time he left his mother's house, it might save

his life.”

“That is a capital idea,” Dr. Green said, “and Porson's evidence would

back mine. Yes, I will go in and see him even if my visit does do him

harm.”

“I will move him into his new quarters first,” the officer said; “then

if he drinks the tea he may, if he feels sleepy, throw himself on the

bed and go off. He will be quiet and undisturbed there.”

Two or three minutes later the doctor was shown into a comfortable room.

A fire was burning brightly, and the tea was placed on a little tray

with a new roll and a pat of butter.

Ned's mood had somewhat changed. He received the doctor with a

boisterous laugh.

“How are you, doctor? Here I am, you see, monarch of all I survey. This

is the first time you have visited me in a room which I could consider

entirely my own. Not a bad place either.”

“I hope you will not be here long, Ned,” Dr. Green said, humoring him.

“We shall all do our best to get you out as soon as we can.”

“I don't think your trying will be of much use, doctor; but what's the

odds as long as you are happy!”

“That's right, my boy, nothing like looking at matters cheerfully. You

know, lad, how warmly all your old friends are with you. Would you like

me to bring Charlie next time I come?”

“No, no, doctor,” Ned said almost with a cry. “No. I have thought it

over, and Charlie must not see me. It will do him harm and I shall

break down. I shall have to see him at the trial--of course he must be

there--that will be bad enough.”

“Very well,” the doctor said quietly, “just as you like, Ned. I shall be

seeing you every day, and will give him news of you. I am going to see

him now.”

“Tell him I am well and comfortable and jolly,” Ned said recklessly.

“I will tell him you are comfortable, Ned, and I should like to tell him

that you had eaten your breakfast.”

“Oh, yes! Tell him that. Say I ate it voraciously.” And he swallowed

down the cup of tea and took a bite at the roll.

“I will tell him,” Dr. Green said. “I will come in again this evening,

and will perhaps bring in with me a little medicine. You will be all the

better for a soothing draught.”

“I want no draughts,” Ned said. “Why should I? I am as right as

ninepence.”

“Very well. We will see,” the doctor said. “Now I must be going my

rounds.”

As soon as he had gone Ned began pacing up and down the room, as he

had done the whole of the past night without intermission. Gradually,

however, the powerful narcotic began to take effect. His walk became

slower, his head began to droop, and at last he stumbled toward the bed

in the corner of the room, threw himself heavily down, and was almost

instantly sound asleep. Five minutes later the door opened quietly and

Dr. Green entered.

He had been listening outside the door, had noticed the change in the

character of Ned's walk, and having heard the fall upon the bed, and had

no fear of his rousing himself at his entrance. The boy was lying across

the bed, and the doctor, who was a powerful man, lifted him gently and

laid him with his head upon the pillow. He felt his pulse, and lifted

his eyelid.

“It was a strong dose,” he said to himself, “far stronger than I should

have dared give him at any other time, but nothing less would have

acted, with his brain in such an excited state. I must keep in the town

today and look in from time to time and see how he is going on. It may

be that I shall have to take steps to rouse him.”

At the next visit Dr. Green looked somewhat anxious as he listened to

the boy's breathing and saw how strongly he was under the influence of

the narcotic.

“Under any other circumstances,” he said to the chief constable, who had

entered the room with him, “I should take strong measures to arouse him

at once, but as it is I will risk it. I know it is a risk both for

him and me, for a nice scrape I should get in if he slipped through

my fingers; but unless he gets sleep I believe his brain will go, and

anything is better than that.”

“Yes, poor lad,” the officer said. “When I look at his face I confess my

sympathies are all with him rather than with the man he killed.”

“I don't think he killed him,” the doctor said quietly. “I am almost

sure he didn't.”

“You don't say so!” the chief constable said, surprised. “I had not the

least doubt about it.”

“No. Nobody seems to have the least doubt about it,” the doctor said

bitterly. “I am almost sure that he had nothing to do with it; but if

he did it it was when he was in a state of such passion that he was

practically irresponsible for his actions. At any rate, I am prepared to

swear that his mind is unhinged at present. I will go back now and fetch

two or three books and will then sit by him. He needs watching.”

For several hours the doctor sat reading by Ned's bedside. From time to

time he leaned over the lad, listened to his breathing, felt his pulse,

and occasionally lifted his eyelid. After one of these examinations,

late in the afternoon, he rose with a sigh of relief, pulled down the

blinds, gently drew the curtains, and then, taking his books, went down

and noiselessly closed the door after him.

“Thank God! he will do now,” he said to the chief constable; “but it has

been a very near squeak, and I thought several times I should have to

take immediate steps to wake him. However, the effects are passing off,

and he will soon be in a natural sleep. Pray let the house be kept as

quiet as possible, and let no one go near him. The chances are he will

sleep quietly till morning.”

The doctor called again the last thing that evening, but was told that

no stir had been heard in Ned's room, and the same report met him when

he came again next morning.

“That is capital,” he said. “Let him sleep on. He has a long arrears

to make up. I shall not be going out today; please send in directly he

wakes.”

“Very well,” the officer replied. “I will put a man outside his door,

and the moment a move is heard I will let you know.”

Through the Fray: A Tale of the Luddite Riots · 第 13 / 20 章