CHAPTER XII

THE TRIAL

It is a most terrible thing for a man of sensibility to stand in the

dock of the Old Bailey before the awful array of Judges, Lord Mayor,

Sheriffs and Aldermen. I know very well that most of the hardened

wretches that stand there have no sense of terror and little of anxiety.

For them the Judge is like that fabled Sister who cuts the thread of

life: they have come to the end of their rope: their time is up: they

are fatalists in a stupid way: the sentence is passed: they bear no

malice against the informer: the game has been played according to the

rules--what more can a man desire? Tyburn awaits them. And afterwards?

They neither know nor do they care.

Early on the morning of the trial, Mr. Dewberry came to see me. He was

cheerful, and rubbed his hands with great satisfaction. 'The case,' he

said, 'is complete. Never was a case more complete or more astonishing

as you shall see.' He would not explain further: he said that walls,

even in Newgate, have ears: that I must rely upon his word. 'Sir,' he

said, 'so much I will explain because it may give you ease. Never has a

man gone forth to be tried for his life, with a greater confidence in

the result than you ought to have. And, with that assurance enter the

Court with a light heart.'

They knocked off my irons before going into Court. Thus relieved, I was

marched along a dismal passage, leading from the prison to the Old

Bailey. The Court was crowded, not so much out of compliment to me, but

because it was bruited abroad among the rogues of St. Giles's that two

of their body were that day about to achieve greatness. They were,

truly: but not in the way that was expected. The crowd, in fact,

consisted chiefly of pickpockets and thieves, with their ladies. And the

heroes of the day were the Bishop and the Captain.

At first, a prisoner entering the court, sees nothing. When the mist

before his eyes clears away he observes the jury being sworn in--one

after the other, they lift the great chained Bible and kiss its leathern

cover, black with ten thousand kisses, and take their seats: he observes

the counsel arranging their papers: the officers of the court standing

about and the crowd in the gallery and about the doors: the box for the

witnesses--my heart sank when I saw sitting together my four enemies,

looking calm and assured, as if there was no doubt possible as to the

results. Nay, the Captain seemed unable to repress or to conceal the

pride he felt in imagination, at thinking of the figure he should cut.

Mr. Ramage, my own witness, I saw modestly sitting in a corner. Tom

Shirley, another witness for me, if he would prove of any use, was also

there. As I entered the dock Mr. Probus turned and his lips moved as if

he was speaking to Tom. I could not hear what he said, but I knew it,

without the necessity of ears. He said, 'Sir, I saw you in Newgate three

weeks ago. Your friend might have saved his life, had he accepted my

offer. It is now too late.' Then he turned his hatchet face to me and

grinned. Well--he grins no longer. Under the Dock stood Alice, and with

her, closely veiled, Jenny herself. They took my hands: Alice held the

right and Jenny the left. 'Courage, my dear,' said Alice. 'It will soon

be over now.' 'It is all over already,' whispered Jenny. 'There is such

evidence as will astonish you--and the whole world.' She kissed my hand

and dropped a tear upon it. I was to learn afterwards what she meant,

and what were her own sacrifices and perils in bringing forward this

evidence.

Then Mr. Dewberry came bustling up. 'That is your lawyer, Mr. Caterham,

King's Counsel, now arranging his papers. I was with him yesterday. He

will make a great case--a very great case--out of this. The attorney

arranges it all and the higher branch gets the credit of it all. Never

mind. That is your Junior, behind, Mr. Stanton. There's a head for you:

there's an eye. I can always tell what they think of the case by the way

they arrange their papers. The Counsel in front of him is Serjeant

Cosins, King's Counsel, an able man--oh, yes--an able man: he conducts

the prosecution. We shall open his eyes presently. He thinks he has got

an ordinary case to conduct. He will see. He will see.'

Then the Judges came in: the Lord Mayor, Mr. Justice Parker, the

Aldermen, the Recorder, and the Sheriffs. The Lord Mayor sat in the

middle under the great sword of Justice: but the case was conducted by

Mr. Justice Parker, who sat on his right hand. I looked along the row of

faces on the Bench. They all seemed white, cold, stern, hard and

unforgiving. Despite assurances, my heart sank low.

I pass over the reading of the indictment, my pleading and the opening

of the case. The Prosecutor said that although it was a most simple

case, which would not occupy the attention of the court very long, it

was at the same time one of the most flagrant and audacious robberies

that had ever been brought before the court of the Old Bailey: that the

facts were few: that he was not aware of any possible line of defence:

'Oh yes,' observed my Counsel, smiling, 'a very possible line of

defence': that he, for one, should be prepared to receive any line of

defence that could be set up. But he thought his learned brother would

not waste the time of the Court.

He then rehearsed the history of the facts and proceeded to call the

witnesses. First he called Samuel Carstairs, Doctor of Divinity (I do

not intend to set down the whole of the evidence given by him or by the

others because you already know it).

The Doctor, with alacrity, stepped into the witness-box: he was clean

shaven, in a new wig, a silken cassock; snow white bands; and a flowing

gown. But that his face was red and his neck swollen and his appearance

fleshy and sensual--things which may sometimes be observed even among

the City Clergy--he presented the appearance of a prosperous

ecclesiastic. For my own part I can never satisfy myself whether he was

in Holy Orders at all. One hopes, for the sake of the Church that he was

not. After kissing the Testament with fervour, he turned an unblushing

front to the Prosecutor. He said that he was a Clergyman, a Doctor of

Divinity, formerly of Trinity College, Dublin, and some time the holder

of certain benefices in the neighbourhood of that city. He deposed that

on the night in question he was making his way through Leicester Fields

to Charing Cross at the time of nine in the evening or thereabouts: that

suddenly a young man rushed out of some dark recess and flourished a

cudgel over him, crying, 'Your money or your life!' That being a man of

peace, as becomes his profession, he instantly complied with the demand

and handed over his purse: that he also cried out either on account of

the extremity of his fear, or for help: that help came in the shape of a

stranger, who felled the ruffian: that they called the watch: carried

the senseless robber to the guard-house, and that the witness's purse

was found in his pocket.

My counsel deferred cross-examining this witness for the present.

Next came the Captain. He, too, stood unabashed while he poured out his

tale of perjury. He assumed the style and title of a Gentleman from the

North, Mr. Ferdinando Fenwick: and he entirely bore out the previous

witness's evidence. My counsel also deferred his cross-examination of

this witness.

Mr. Merridew was the third witness. He followed suit. He deposed that

he was a Sheriff's officer. He had seen the assault and the rescue: he

had also helped to carry the robber to the round house. This witness's

cross-examination was also deferred.

Mr. Probus, attired in black velvet with fine lace ruffles and

neckerchief, so that his respectable appearance could not but impress

the jury, said that he was passing the watch-house, by accident, about

midnight, having been summoned by a client, when he saw an unconscious

figure carried in: that he followed from motives of humanity hoping to

be of use to some fellow Christian: that he then perceived, to his

amazement, that the robber was none other than the son of his old friend

and employer the late Sir Peter Halliday, Alderman and ex-Lord Mayor:

that he saw the worthy clergyman's purse taken from his pocket so that

there could be no doubt of his guilt. He also added that it was four

years and more since Sir Peter had turned his son out of doors, since

when he believed that the young man had earned a precarious living by

playing the fiddle to sailors and such low company.

Then the cross-examination began.

My counsel asked him first, whether he knew any of the three preceding

witnesses. He did not: they were strangers to him. Had he never seen the

man Merridew? He never had. Did not Merridew owe him money? He did not.

He was now attorney to Mr. Matthew Halliday? Had he ever taken the man

Merridew to Mr. Halliday's counting-house? He had not. 'In fact, Mr.

Probus, you know nothing at all about Mr. Merridew?' 'Nothing.' 'And

nothing about the other two men?' 'Nothing.'

'I come now, Mr. Probus, to a question which will astonish the Court.

Will you tell me in what way the prisoner's death will benefit you?'

'In no way.'

'Oh! In no way. Come, Sir, think a little. Collect yourself, I pray you.

You are attorney to Mr. Matthew Halliday. You have lent him money?' No

answer. 'Please answer my question.' No answer. 'Never mind, I shall

find an answer from you before long. Meantime I inform the Jury that you

have lent him £25,000 on the condition that he pays 15 per cent.

interest on £40,000, the sum to be repaid. That is the exact description

of the transaction, I believe?'

He replied unwillingly, 'If you please to say so.'

'Very well. Now your client has spent, or lost, the whole of his money

and yours--do not deny the fact because I am going to prove it

presently. He cannot pay you one farthing. In fact, before long the firm

of Halliday Brothers will become bankrupt.' (There was a movement and a

whisper among the Aldermen and Sheriffs on the Bench.) 'Is this true or

not?' No answer.

'My Lud, I press for an answer. This is a most important question. I can

find an answer from another witness, but I must have an answer from the

witness now in the box.'

'Answer the question immediately, Sir,' said the Judge.

'I do not know.'

'You do not know? Come, Sir, have you been informed, or have you not, by

Mr. Matthew Halliday himself, of his position?'

'I have not.'

'You have not. Mark his answer, gentlemen of the Jury. Do not forget his

statement. He says that he knows nothing and has been told nothing of

his client's present unfortunate condition. Let us go on. The late Sir

Peter Halliday left a large sum of money--£100,000, I believe--to the

survivor of two--either his son or his nephew?'

'That is true.'

If Halliday Brothers becomes bankrupt, your claim would rank with those

of the other creditors?'

'I suppose so.'

'In which case you would get little or nothing of the £40,000. But if

the prisoner could be persuaded to sell his chance of succession before

the declaration of bankruptcy, your client could raise money on that

succession out of which you could be paid in full, if he consented?'

'Yes, if he consented.'

'You have already made three several attempts to make him sell, have you

not?'

'Acting by my client's instructions.'

'The first time, when he refused, you threatened revenge, did you not?'

'I did not.'

'You then clapped him in a debtors' prison on a trumped-up charge of

debt?'

'It was a debt due to an estate placed in my hands.'

'The prisoner denied the debt: said that the instrument was given to him

by the owner, did he not?'

'Perhaps.'

'But you put him in prison and kept him there?'

'I did, acting for my clients, the executors.'

'The next time you called upon him and offered to buy his share was

about six weeks ago?'

'It was, acting on instructions from my client.'

'He refused. You then threatened him again?'

'I did not.'

'Two days afterwards the alleged robbery took place at which you were an

accidental observer?'

'Accidental.'

'I said so--accidental. Now, if this case should prove fatal to the

prisoner, on his death your client, not a bankrupt, would take the whole

of the £100,000?'

'He would.'

'You would then expect to be paid?' No answer. 'I say, you would then

expect to be paid?'

'I should hope to be.'

'In full?'

'I should hope so.'

'Then you would be the better by £40,000 by the execution of the

prisoner?'

'If you put it so, I should.'

'You made a third and last attempt, a few days ago, to obtain his

consent?'

'I did, acting on my client's instructions.'

'When he was in Newgate. There were present two other friends of the

prisoner. You then offered, if he would sign the document, to withdraw

the principal witnesses?'

'I did not.'

'I put it in another way. You promised, if he would sign, that the

principal witnesses should not appear?'

'I did not.'

'You swear that you did not?'

'I swear that I did not.'

'You say that you have no power to withdraw witnesses?'

'I have no power to withdraw witnesses.'

'You have no power over the case at all?'

'None.'

Mr. Caterham sat down. Serjeant Cosins stood up.

'You might be the better by the prisoner's death. You are not however in

any way concerned with the case except as an accidental observer?'

'Not in any way.'

'And you are not in any way acquainted with the witnesses who are

chiefly concerned?'

'Not at all.'

Mr. Probus sat down.

Mr. Caterham called again, the Rev. Dr. Samuel Carstairs.

'My Lud,' he began, 'I must ask that none of the witnesses in this case

be allowed to leave the court without your Ludship's permission.'

The Bishop entered the box, but with much less assurance than he had

previously assumed. And the cross-examination began.

I then understood what Jenny meant when she talked of making the case

complete. He swore again that his name was Carstairs: that he had held

preferment in the county of Dublin: he named, in fact, three places: he

had never used any other name: he was not once called Onslow, at another

time Osborne: at another Oxborough: he knew nothing about these names:

he had never been tried at York for fraud: or at Winchester for

embezzlement: he had never been whipped at the cart-tail at Portsmouth.

As these lies ran out glibly I began to take heart. I looked at Probus:

he was sitting on the bench, his fingers interlaced, cold drops of dew

rising upon his forehead and nose. But the Bishop held out bravely, that

is, with a brazen impudence.

'You know, Doctor, I believe, the Black Jack?'

'A tavern, is it? No, sir, I do not. One of my profession should not be

seen in taverns.'

'Yet surely you know the Black Jack, close to St. Giles's Church?'

'No, sir, I am a stranger in London.'

'Do you know the nickname of the "Bishop"?'

'No.'

'Oh! you never were called the "Bishop"?'

'No.'

'Do you know the gallant gentleman who rescued you?'

'No, I do not.'

'You do not know him? Never met him, I suppose, at the Black Jack?'

'Never.'

'Never? Do you know the other witness, Mr. Merridew?'

'No, I do not.'

'Where were you staying for the night when this romantic incident

happened?'

For the first time the Bishop hesitated. 'I--I--forget,' he said.

'Come, come, you cannot forget so simple a thing, you know. Where were

you staying?'

'It was in a street off the Strand--I forget its name--I am a stranger

to this city.'

'Well--where did you stay last night?'

'In the same street--I forget its name.'

'Not at the Black Jack, St. Giles's?'

He was pressed upon this point, but nothing could be got out of him. He

stuck to the point--he had forgotten the name of the street, and he knew

nothing of the Black Jack.

So he stood down. The Captain was called by the name he gave

himself--Ferdinando Fenwick. He said he had never been known by any

other name, that he had no knowledge of the name of Tom Kestever. He had

never heard that name. Nor did he know of any occasion on which the said

Tom Kestever had been ducked for a pickpocket: flogged for a rogue:

imprisoned and tried on a capital charge for cattle lifting. Oh! Jenny,

the case was well got up, truly. He, too, had never heard of the Black

Jack, and stoutly stood it out that he was a gentleman of Cumberland.

Asked what village or town of Cumberland, he named Whitehaven as the

place in which he was born and had his property--to wit, five farms

contiguous to the town and two or three messuages in the town.

When this evidence was concluded a juryman rose and asked permission of

the Court to put a question to the witness, which was granted him.

'Those farms,' he said, 'are contiguous to Whitehaven? Yes, and you were

born in that town? What was your father by occupation?'

'He was a draper.'

'My lord,' said the Juryman, 'I am myself a native of Whitehaven. I am

the son of the only draper in the town. I am apparently about the same

age as the witness. I have never seen him in the town. There is no

reputable tradesman of that name in the town, or anywhere near it. There

are gentlefolk of the name, but in Northumberland.'

'I wish, Sir,' said the Counsel, 'that I had you in the box.'

'The statement of a Juryman is not evidence,' the Prosecuting Counsel

interposed.

'I fear, my learned brother,' said the Judge, 'that when the Jury

retire, it will become a strong piece of evidence, whatever direction I

may give them.'

The Serjeant declined to re-examine this evidence.

Then my counsel called Mr. Merridew, who very reluctantly got into the

box again.

He denied solemnly that he knew either of the preceding witnesses. He

denied that he knew the Black Jack. He owned, with a pretence at pride,

that he had frequently served his country by informing against rogues

and had taken the reward to which he was entitled. He denied that he

encouraged young fellows to become highwaymen in hopes of securing the

higher reward. He denied that he knew Mr. Probus. He swore that he

should not benefit by the conviction of the prisoner.

You observe that the object of the Counsel was to make everyone plunge

deeper into the mire of perjury. His case was strong indeed, or he would

not have followed this method.

The Counsel then called half a dozen witnesses in succession. They were

turnkeys from York, Winchester, Reading and Portsmouth and other places.

They identified the Rev. Dr. Samuel Carstairs, D.D., as a person

notoriously engaged in frauds for which an educated person was

necessary. He had been imprisoned for two years at Winchester for

embezzlement: for a twelvemonth with a flogging at York for fraud: he

was whipped through the High Street of Portsmouth and down to Point and

back again for similar practices. They also identified the Captain as a

rogue from tender years: hardly a whipping-post anywhere but knew the

sound of his voice: hardly a prison in which he had not passed some of

his time.

And now the case looked brighter. Everyone was interested, from the

Aldermen to the Jury: it was a case of surprises: only Serjeant Cosins

stood with his papers in his hand looking perplexed and annoyed. So far

there was no doubt about the two fellows, the authors of the charge,

being notorious and arrant rogues. A very pitiful figure they cut, as

they sat side by side on the witnesses' bench. Even their own friends in

the gallery were laughing at them, for the admiration of the rogue is

for successful roguery, while for detected roguery he has nothing but

contempt.

Then the Counsel called John Ramage. He said that he was an accountant

in the counting-house of Messrs. Halliday Brothers: that in that

capacity he knew the position of the House: that in two years the

managing partner, Mr. Matthew Halliday, had reduced the business to a

state of insolvency: that they might become bankrupts at any moment:

that creditors were pressing, and the end could not be far off. He went

on to state that he revealed the secrets of his office because he was

informed that the knowledge was necessary for the defence of Mr. William

Halliday, and that the safety and innocence of his late master's only

son were of far more importance to him than the credit of the House. And

here the tears came into his eyes. This, however, was the least

important part of the case. For he went on to depose that the position

of his desk near the door of Mr. Matthew's office enabled him to hear

all that went on: that Mr. Probus was constantly engaged with Mr.

Matthew: that every day there were complaints and quarrels between them:

that Mr. Probus wanted his money back, and that Mr. Matthew could not

pay him: that every day they ended with the regret that they could not

touch this sum of money waiting for the survivor: that every day they

sighed to think what a happy event it would be for them both if Mr.

William Halliday were dead. That, one day, Mr. Probus said that there

were many ways for even a young man to die: he might, for instance, fall

into the hands of the law: to this Mr. Matthew gave no reply, but when

he was alone began to drink. That Mr. Probus returned the next day with

Mr. Merridew, who said that the job was easy and should be done, but he

should expect to stand in: he said that the thing would cost a good

deal, but that, for a thousand pounds, he thought that Mr. Will

Halliday's case might be considered certain. 'When I heard this,' the

witness said, 'I hastened to Lambeth, where Mr. Will was living with his

wife. I could not see him because he was playing for Madame Vallance's

Assembly. I therefore went again to Lambeth the next day, which was

Sunday, and I told him all. While I was telling him, Mr. Probus himself

came. So they put me in the kitchen where I could hear what was said.

Mr. Probus made another effort to persuade Mr. Will to sell his chance

of succession. Then he went away in a rage, threatening things. So I

implored Mr. Will to get out of the way of the villains. He promised:

but it was too late. The next thing I hear is that he has been charged

with highway robbery. Mr. Will--the best of men!'

I now thought my case was going pretty well.

There were, however, other witnesses.

To my amazement Jenny's mother appeared. She was dressed up as a most

respectable widow with a white cap, a black dress, and a white apron.

She curtseyed to the Court and kissed the book with a smack, as if she

enjoyed it.

She said that she was a widow, and respectable: that she kept the Black

Jack, which was much frequented by the residents of St. Giles's. The

Counsel did not press this point but asked her if she knew the Rev. Dr.

Carstairs. She replied that she knew him, under other names, as a

frequenter of her house off and on for many years: that he was

familiarly known as the 'Bishop': that she did not inquire into the

trades of her customers, but that it was understood that the Bishop was

one of those who use their skill in writing for various purposes: for

threatening persons who have been robbed: for offering stolen property

for sale: for demanding money: for forging documents: and other branches

of roguery demanding a knowledge of writing. She showed her own

knowledge of the business by her enumeration of the branches. She said,

further, that the gentleman had slept at the Black Jack every night for

the last two months: that he had a bed there, took his meals there, and

carried on his business there. As regards Mr. Ferdinando Fenwick, she

knew him as the 'Captain,' or as Tom Kestever, and she identified him in

the same way and beyond any power of doubt. As for Merridew, she knew

him very well: he was a thief-taker by profession: he gave his man a

good run and then laid information against him: he encouraged young

rogues and showed them how to advance in their profession: and she

deposed that on a certain day Merridew came to the house where the

Bishop and the Captain were drinking together and sat with them: that

all their talk was about getting a man out of the way: that the Bishop

did not like it, but was told by Mr. Merridew very plainly that he must,

and that he then assented.

Jenny's sister, Doll, next appeared. She was transformed into a young

and pleasing woman with a silver ring for greater respectability. Her

evidence corroborated that of her mother. But she added an important

particular, that one morning when there was no one in the place but the

Bishop and the Captain, Mr. Probus came with Mr. Merridew and sat

conversing with those two gentlemen for a long time.

Then the young fellow called Jack went into the box. By this time the

interest of everyone in the court was intense, because here was the

unrolling of a plot which for audacity and wickedness was perhaps

unequalled. And the wretched man Probus, still writhing in his seat,

cast his eyes to the door in hopes of a chance at flight: in his agony

his wig was pushed back, and the whole of his head exposed to view. I

confess that horror rather than revenge possessed me.

The young fellow called Jack gave his evidence in a straightforward way.

He confessed that he had run away from his native village in consequence

of an unfortunate love affair; that he had come up to town, hoping to

get employment: that he had been taken to the Black Jack by someone who

met him in the street: that he had there been introduced to Mr.

Merridew, who promised to find him work: that in fact he had been

employed by him in shop-lifting and in small street robberies: his

employer, he explained, would go along the street first and make a sign

where he could carry off something: that he was promised promotion to be

a highwayman by Mr. Merridew if he should deserve it: that he had been

told to keep himself in readiness to help in knocking a gentleman on the

head: that the thing was talked over with him by the Bishop and the

Captain: that at the last moment they told him they should want none of

his help. Asked what he should do after giving this evidence, replied

that if Mr. Merridew got off, he should have to enlist in order to save

his neck, which would be as good as gone. More he said, but this was the

most important.

Then Mr. Caterham called Mr. Halliday.

My unfortunate cousin entered the witness-box pale and trembling. In

answer to questions he acknowledged that he had lost the whole of his

fortune and ruined a once noble business in the space of three or four

years. He confessed that his bankruptcy was inevitable: that Probus had

been urgent with him to get his cousin to sell his chance of succession

in order to raise money by which he himself might recover his money:

that he was willing to do so if his cousin would sell: but his cousin

would not. He said that Mr. Probus had come to him stating that a man's

life might be lost in many ways: that, for instance, he might fall into

the hands of the law: that he had brought Mr. Merridew, who offered to

arrange so that his cousin might lose his life in some such way if he

were paid a thousand pounds down; that he would not listen to such

detestable overtures; that he heard of his cousin's arrest: that he had

informed his cousin's attorney of the offer made him by Probus and

Merridew: but he had neither paid nor promised a thousand pounds, or

anything at all: and that he had never been a consenting party to the

plot.

He was allowed to stand down: he remained in the court, trembling and

shivering, as pitiable an object as the wretched conspirators

themselves.

If there had been interest in the case before, judge what it was now in

the appearance of the next witness, for there entered the box none other

than Jenny herself, the bewitching Jenny. She was all lace and ribbons,

as beautiful a creature as one could expect to see anywhere. She smiled

upon the Judge and upon the Lord Mayor: she smiled upon the Jury: she

smiled upon me, the prisoner in the Dock. In answer to the questions put

to her, she answered, in substance: 'My name is Jenny Halliday. I am the

wife of the last witness, Matthew Halliday. I am an actress. I am known

by my maiden name, Jenny Wilmot. As an entertainer, I am known as Madame

Vallance.' There was now the most breathless attention in Court. 'By

birth, I am the daughter of the landlady of the Black Jack. It is a

place of resort of the residents of St. Giles's. Most of them, to my

certain knowledge, probably all, are thieves. I sometimes go there to

see my mother and sister, not to see the frequenters of the place.

Whenever I do go there, I always find the two witnesses who just now

called themselves Carstairs and Fenwick: at the Black Jack they were

always called the Bishop and the Captain. I have always heard, and I

understand, that they are rogues of the deepest dye. The Bishop is not a

clergyman at all: he is so called because he dresses like a clergyman

and can write well: the Captain is a highwayman: most of his fraternity

call themselves Captains: he is the son of a butcher in Clare market.

His name is Tom Kestever. Both are Mr. Merridew's men: that is, they

have to carry out whatever he orders, and they live in perpetual terror

that their time is up. The last time I was in the Black Jack, Merridew

came in, drank a glass or two of punch in a friendly way, and so left

them. When he said that he did not know the men, it was flat perjury. He

was continually in the Black Jack looking up his people; admonishing the

young and threatening the elders. Not a rogue in London but knows Mr.

Merridew, and trembles at the thought of him.'

Asked about Mr. Probus, she said she did not know him at all, save by

repute. That he constantly threatened the prisoner with consequences if

he did not consent to sell his chance of succession: and that she had

been present on a certain occasion in Newgate when Mr. Probus visited

the prisoner and offered him there and then, if he would sign the

document offered, that the principal witnesses should not appear at the

Trial, which would thus fall through.

Asked as to her knowledge of the prisoner, she deposed that she found

him in the King's Bench Prison, sent there through the arts of Mr.

Probus: that she took him out, paying the detainers: that she then gave

him employment in her orchestra: that he was a young gentleman of the

highest principle, married to a wife of saintly conduct and character:

that he was incapable of crime--that he lived quietly, was not in debt,

and received for his work in the orchestra the sum of thirty shillings a

week, which was enough for their modest household.

Asked again about her husband, she said that she could not live with

him, partly because he was an inveterate gambler: and that to gratify

this passion there was nothing he would not sell. That he had gamed away

a noble fortune and ruined a noble business: that steps had already been

taken to make him bankrupt: and that it was to save his own money that

the man Probus had designed this villainy.

'Call Thomas Shirley.' It was the Junior Counsel who rose.

Tom went into the box and answered the preliminary questions. 'Do you

remember meeting Mr. Probus in Newgate about a month ago?'

'I do.'

'What offer did he make?'

'He offered my brother-in-law £5,000 down if he would sell his chance of

the succession, and further promised that the principal witnesses should

not appear.'

'You swear that this was his offer?'

'I swear it.'

The counsel looked at Serjeant Cosins who shook his head.

'You may sit down, Sir.'

'My Lud,' said Mr. Caterham, 'my case is completed. I have no other

evidence unless you direct me to sweep the streets of St. Giles's and

compel them to come in.'

When all the evidence was completed there was a dead silence in the

Court. Everybody was silent for a space: the faces of the rogues in the

gallery were white with consternation: here were the very secrets of

their citadel, their home, the Black Jack, disclosed, and by the very

people of the Black Jack, the landlady and her daughters. The Jury

looked at each other in amazement. Here was the complete revelation of a

plot which for wickedness and audacity went beyond everything ever

invented or imagined. What would happen next?

'Brother Cosins,' said the Judge.

He threw his papers on the desk. 'My Lud,' he said, 'I throw down my

brief.'

Then the Judge charged the Jury. 'Gentlemen,' he said, 'it has been

clearly established--more clearly than I ever before experienced, that a

wicked--nay a most horrible--crime, designed by one man, carried out by

three others, has been perpetrated against the prisoner, William

Halliday. It is a case in which everything has been most carefully

prepared: the perjury of the witnesses has been established beyond a

doubt even though the witnesses have been in part taken from the regions

of St. Giles's, and from actual criminals. Gentlemen, there is but one

verdict possible.'

They did not leave the box: they conferred for a moment: rose and

through their foreman pronounced their verdict--'Not Guilty.' They added

a hope that the conspirators would not escape.

'They shall not,' said the Judge. 'William Halliday, the verdict of the

jury sets you free. I am happy to say that you leave this court with an

unblemished character: and that you have the most heartfelt

commiseration of the court for your wholly undeserved sufferings and

anxiety.' Then the Judge turned to the four. 'I commit Eliezer Probus:

Samuel Carstairs alias what he pleases: the man who calls himself

Ferdinando Fenwick: and John Merridew for trial on the charge of

conspiracy and perjury.'

The Orange Girl · 第 12 / 26 章