CHAPTER XXVII

THE VERDICT

"If you will tell me the points on which you are disagreed," said the

judge at length, "I may be able to throw some light upon them, and

also, perhaps, advise you."

"The points are these," said the foreman of the jury. "First of all,

some among us are far from being convinced that the prisoner, if he

were the murderer, would be likely to leave the knife in the murdered

man's body. If he had struck the blow in a passion, and had then,

overcome by panic, run away for fear of the consequences of what he had

done, we could have understood it. But as we are dealing with

circumstantial evidence, it seems utterly unlikely that a man who had

premeditated a murder should have run away leaving a weapon which could

be easily traced to him. That, at least, is the feeling of some

members of the jury, and is one of the points which causes us to be

divided.

"The second is this: there are some among us who feel very strongly the

point of the prisoner's remarks concerning the probability of his

knowing where the deceased was at the time of the murder. As he has

stated, he would probably have been in bed at the time when he was

actually killed. If the murder was premeditated, there are some who

feel the utter unlikelihood of the prisoner going out alone at midnight

on the chance of finding his victim.

"These are the points, my lord, on which we are not agreed, and unless

further light is thrown upon them, there is no likelihood of agreement."

The juryman spoke in a hesitating fashion. He was evidently labouring

under a very strong emotion, and was unable to control his voice or to

express his thoughts with anything like clearness. Still, what we have

just stated conveys a rough idea of the difficulties which faced them.

Again an intense silence pervaded the court as the foreman of the jury

sat down. The suspense seemed almost too horrible to be borne. There

was not a man in the court who was not pale to the lips, and whose

nerves were not quivering with painful excitement. Again the reporters

almost forgot their duty. In their eagerness to know what would be

said they forgot to write. Suppressed sobbing was heard almost

everywhere. Even the judge looked exceedingly grave, and for the

moment seemed unable to decide what to say.

As for Paul, it seemed to him as though his fate hung on a delicately

poised balance. The weight of a hair in either scale might decide

either his life or his death. It was one of those tragic moments which

seldom occur in any man's life, and it was only by a tremendous effort

that he remained outwardly calm. But pride came to his aid even now.

He had not shown weakness yet, and he would not show it now. He would

not break down before this gaping, excited crowd, but retain quiet

dignity even to the last. In spite of the intense excitement, too, he

was becoming almost callous. Nature has its own way of alleviating

pain, and the way she chose now to help Paul to continue to bear the

dreadful strain was to numb his feelings, and to make him almost

indifferent concerning what should take place. For the past few hours

every nerve had been at full tension, and so greatly had he been

wrought upon that he could not have remained in such a condition much

longer. And so kindly Nature had lessened the pangs he was suffering,

and made him able to bear to the end by her own anaesthetics.

"I quite understand your position, gentlemen," said the judge, "and I

will do my best to help you. We will take the points in the order in

which you mention them. First, there is the question of the knife, and

in order to fully understand the sequence of this, we will again

consider it from the very beginning. We must remember that the

prisoner was very careful about locking his office. No one was allowed

to enter it when he was absent. He kept the key in his own pocket. We

have to remember, too, that his own partner declared that he knew of no

one who entered the prisoner's office that day, and even if anyone

entered the office, there was no one who, as far as he knew, would dare

to take that knife from the prisoner's desk. The fact remains,

however--and it is facts we must consider, gentlemen, and give them

their due significance--the fact remains that the murdered man was

found with this knife in his heart. Now, gentlemen, it is for you to

decide how that knife could have left the prisoner's office. Was there

someone who could have entered the office, and, with set purpose, take

it away without the prisoner's knowledge, and use it in the way

mentioned? Or, did the prisoner take it away himself and use it as has

been described by the counsel for the prosecution? I say you must

decide on this question because it is most vital. You have heard all

the evidence in relation to this matter, and it is for you to decide

now first whether any outsider obtained entrance into the prisoner's

office and took away that knife and used it for the purpose of murder,

or whether the prisoner himself took it away in the way described?

That is the first point to be considered in relation to the knife. Now

with regard to the ostensible difficulty which appears to you. From

one standpoint, it seems utterly unlikely that a man of the prisoner's

evident intellectual acumen should have used this knife, known to be

his, for the purpose of murdering an enemy, and then have left it in

his body in such a way that it would be inevitably traced to him. I

understand your difficulty, gentlemen, and I appreciate it, and it is a

point that you must keep clearly before your mind. There is, however,

another side which you must also keep just as clearly in view. It is

this. If the prisoner had made up his mind to do this, would not a

clever man, such as he undoubtedly is, probably come to the conclusion

that it would seem so absurd that he should leave the knife in the body

of his victim that he might do so as a mere matter of bluff? A clever

man, a far-seeing man will sometimes do things which a duller man would

not do, and it is for you to decide whether these things might not have

been in the mind of the prisoner when he decided to act in this way.

"You have also to consider this. It is true it has been urged that the

murderous deed was uninterrupted, but we cannot be sure of this. Might

not the one who struck the blow have heard approaching footsteps at the

time, and then in a state of panic have rushed away? These things you

must carefully consider. But the real point at issue, the vital point

which you have to consider is: could anyone else have become possessed

of the knife in the first place? Did anyone else become possessed of

that knife? If not, then the difficulty in your minds is easy to

explain.

"That is the first point. Now for the second. What you urge, and most

rightly urge, too--and I fully appreciate the evident thought and care

which you have bestowed upon it--is the unlikelihood of the prisoner

going out at midnight to commit murder, when he had no knowledge

whatever that the murdered man would not be in his own home. You say

that some of you feel that his going out under such circumstances, and

depending on chance as to whether he should meet him, was altogether

unnatural. I will admit that you have to consider this point

carefully, remembering that a man's life or death depends upon the

decision at which you arrive. But there is another thought which you

must keep clearly before your minds. You have no knowledge that the

prisoner was not aware of the murdered man's whereabouts. They had a

quarrel the previous evening. How do we know that the murdered man did

not tell the prisoner something of his plans, or where he intended to

be? He has not submitted himself to cross-examination, and therefore

we have not been able to hear from him. Consequently, we have no

knowledge that the murdered man did not, during the excited

conversation, say something of his intentions, or let fall some hint

whereby a man with the quick perception of the prisoner, might find out

what he intended to do. If this were the case--and while there is no

proof that it is so, it is not at all improbable--it would remove your

difficulty. If they met, it is probable that another quarrel ensued,

and then in the heat of passion the prisoner might have struck the blow

which resulted in his victim's death, and then rushed away and uttered

the words which the man Ashley overhead. This is all I can say on

these points, gentlemen, and you have to consider, in the light of the

evidence to which you have listened, whether this might be the case.

As has been repeatedly said, the whole case rests upon circumstantial

evidence, and it is for you carefully to consider the matter again, and

may Almighty God guide you in your momentous deliberations!"

Again it was evident that the judge tried to be fair, but again his

elucidation of the points at issue was deadly, as far as the prisoner

was concerned. Rightly or wrongly, more than one felt that the judge

had made up his mind as to the guilt of Paul Stepaside, and speaking as

he did, in cold, calculated words, yet with all the authority of his

position behind him, many felt that each sentence strengthened the

chain of evidence which would hang the prisoner.

Paul listened without moving a muscle or uttering a sound, nevertheless

his eyes were fixed upon the judge with a kind of stony stare. It

seemed to him that there was a kind of malignant cunning in the judge's

words, that the man was conjuring up possibilities in support of the

evidence which seemed to point to him.

Again the jury retired, and a solemn silence reigned. This time there

was not even the sound of whispered consultations as to what the

verdict might be. It was a kind of ghastly waiting for the jurymen to

return. Slowly the clock ticked on, and it seemed to be numbering the

seconds of Paul Stepaside's life. And yet there were many who simply

could not believe that any jury could find him guilty. Standing there

alone in the dock, tall, erect, calm, his features refined by the long

weeks of suffering through which he had passed, thin and pale as a

consequence of his confinement and anxiety, many felt that it was

impossible he should be guilty of such a bloodthirsty deed. And yet in

face of the judge's summing up, in face of the terrible speech which

Mr. Bakewell had delivered, it seemed as if the gallows would surely

claim their victim.

Minute after minute passed, until the waiting seemed unbearable. At

length, however, the door of the room in which the jury sat opened, and

one by one they returned. With strained eyes, all looked at their

faces, trying to read there what their decision was. It seemed almost

grotesque that these twelve, commonplace, unimaginative men, with no

ability out of the common order, with little or no knowledge of the

law, with minds unfitted to grasp the inwardness of the evidence which

had been given, should have to pronounce the verdict of life or death

upon the young man who stood in the dock. Under ordinary circumstances

Paul's voice, Paul's opinion, would have weighed more than all theirs

put together. Yet such was the case. They held in their hands the

issues of life and death. What they had decided upon would be final.

"Gentlemen, are you agreed as to your verdict?" And as the listeners

heard the question asked it seemed as though their heart-strings were

strained, and as though they could not bear to hear the answer.

"Yes."

"Do you find the prisoner guilty, or not guilty?"

"Guilty!"

It seemed like a knell of doom in the court. The pent-up feelings of

the crowded spectators burst forth in a mighty sob. More than one

gasped, "No, no." The utmost confusion prevailed, and more than one

had to be carried out of the court, overcome by emotion. The jurymen

sat each in his place pale and evidently moved. The verdict had been

according to the best of their abilities. Perhaps had the judge's

summing up been different they would have given the alternative

finding, but the feeling was that the judge, who was far wiser than

they, believed in the prisoner's guilt, and they, carried away by his

weight and authority, and by his cold, yet telling, words, pronounced

the verdict of "Guilty."

Paul, when he heard the verdict, reeled for a moment, and felt as

though his limbs were giving way under him; but only for a moment. His

resolution and his pride, which had borne him through the rest of the

trial, should bear him through this. He would not show any weakness.

His face was blanched, and his lips were white, but his eyes still

burned with a steady light, and in a few seconds he again stood erect

and calm, and looked at the judge's face.

The judge communicated for a moment with the Clerk of Arraigns, who

went through the usual formula, and then the clerk, addressing the

prisoner in the dock, said to him:

"Paul Stepaside, you have been found guilty of the wilful murder of

Edward Wilson. Have you anything to say why sentence of death should

not be passed upon you in due form?"

Paul hesitated a moment as if undecided whether he should

speak--everything seemed to be pure mockery now. The end of all things

had come. He knew that when a jury pronounced a verdict of guilty of

wilful murder, especially as there were no extenuating circumstances

sufficient in any way to lessen the guilt, all hope was gone. And yet

he felt as though he must say something. It seemed like allowing

himself to be led as a lamb to a butcher if he uttered no word of

protest.

"My lord and gentlemen of the jury," he said, "I feel impelled to say a

few words, even although I realise their uselessness. I have no

complaint to make concerning the motives which inspired the jury. I

have no doubt that each one has tried to do his duty. Neither do I

complain of the action of the counsel for the prosecution in doing his

utmost to fasten the guilt upon me. I suppose it was his duty so to

do, and he has done it. Neither, I suppose, ought I to complain of

your lordship's summing up, although it struck me as more like another

speech by the counsel for prosecution than the judicial analysis of

evidence by an impartial judge. But then my position has been of such

a nature that perhaps my own judgment is warped. Be that as it may,

however, and knowing that, whatever I may say, I cannot alter anything

that has been done, I wish to repeat that I am utterly and wholly

guiltless concerning this murder. My hand never struck the blow that

killed Edward Wilson, and I have no knowledge whatever concerning the

murder. In the course of events, I suppose I shall be hanged, but, my

lord and gentlemen, you will hang an innocent man, and by your finding

to-day, you will send a man into eternity who is not only altogether

innocent of the murder, but altogether unconnected with it! I shall go

into the great silence, into the land of forgetfulness, but of this I

am sure, you, my lord, and you, gentlemen of the jury, must for ever be

haunted by the thought that you have sent an innocent man to an

unmerited doom."

The tones of his voice gathered in strength and condemnatory intonation

as he proceeded, and when he had finished it seemed to many as though

he were the judge and those to whom he spoke were criminals. More than

one of the jury, who had been unconvinced, but who had given way to the

opinions of others, felt as though his words were true. They shuddered

as he spoke, and it seemed to them that they were guilty, even as he

said they were.

But the word had gone forth and could not be recalled. When once a

jury, after careful deliberation, has uttered the verdict of "Guilty,"

that verdict is final. Even although the judge were convinced of

Paul's innocence, he could only pronounce sentence of death. In that

respect he was no more responsible than the hangman who had to fasten

the rope around his neck. Each would play his part in the grim

tragedy, and each would have to do so, because he had accepted the

responsibilities of his office.

It was evident that the judge was greatly wrought upon. His hands

trembled, his face was haggard, and in his eyes was an expression that

looked like fear. He turned for a moment and saw that the chaplain was

standing behind him, a pale, cadaverous-looking man indeed, a veritable

death's-head.

The judge put on the black cap.

"Paul Stepaside," he said, "you have this day been found guilty of

wilful murder. The jury have, upon the evidence given, passed that

verdict upon you," he stopped. He had seemed on the point of saying

something else, but was unable to do so. Perhaps, as is often the

case, he was going to preach him a homily upon a wasted life, or upon a

career cut off in the middle, destroyed by an act of brutal passion,

but he did not do so. Perhaps there was something in Paul's face which

forbade him. Perhaps he almost feared the scornful smile which was on

Paul's lips, and the steady look in his eyes.

A painful silence followed, a silence of nearly a minute, and then the

judge pronounced his sentence.

"You will be taken from this place to the place from whence you came,

and from there to the place of execution, and there you will be hanged

by the neck until you are dead, and your body will be buried in the

precincts of the prison where you will have been confined after your

conviction, and may the Lord have mercy on your soul."

He spoke the words in slow, measured tones, and with deathly

impressiveness. Although he was a little man, his voice was deep,

almost sonorous, and thus when the chaplain followed him with a thin,

piping voice, "Amen!" there was something so incongruous in the

contrast that many who had been wrought up to a high state of

excitement felt like giving way to hysterical laughter. Nevertheless,

the utmost silence prevailed, until Paul spoke again.

"Thank you, my lord," he said. "I am an innocent man, and when my time

comes, I will meet death as an innocent man should!"

For a moment he looked around the court, scanned the faces of those

present with an expression almost like curiosity. It seemed as if he

realised he was looking at them for the last time. It was a look of

farewell. He was no longer a prisoner, he was a condemned man. He

nodded to some of the people whom he had known in Brunford, and then,

with a proud smile, he left the box, under the vigilance of two

policemen, who led him to the condemned cell.

The Day of Judgment · 第 27 / 34 章