CHAPTER XXVIII.

The assizes were opened at the town of S---- with all due solemnity.

There were sheriffs, and magistrates, and town council, and

javelin-men, all on the move. The judges went to church and to dinner.

The day of that most disgraceful of exhibitions, an assize ball, was

fixed, and the grand jury was sworn and charged. Did a grand jury

perform its functions properly, or even know all its attributes as

they were formerly exercised, and still exist, it would be one of the

most useful institutions in the monarchy; but, alas! its just

attributes are nearly forgotten, its functions are falling into

desuetude, and it confines its operations, almost always, to returning

as true those bills presented to it which have even a shadow of

probability on their side; or, instead of denouncing real and serious

evils, to the presentment of waggons overthrown and suffocating

court-houses.

The lawyers were seen flitting about the streets; the usual morning

consultations and evening revels took place: witnesses and jurymen

crowded the inns; an enormous quantity of bad port, bad sherry, and

worse madeira, was consumed; and solicitors merited well the simile

applied by sailors to personages who are peculiarly busy.

The calendar was very heavy. Nine very hard-fisted farmers had had

their ricks burnt; a manufacturer who indulged in truck, and was

notorious for reductions on Saturday, had been awoke in the night by

the blowing up of one of his factories; there had been a riot in one

of the workhouses where the poor were starved according to law, on the

pretence of feeding them, and punished for complaining. The

magistrate, wisely or unwisely, had sent the case to the sessions; and

it was flanked by those of a man who had died from the neglect of a

relieving officer, and a woman who had drowned her child from the

insanity of destitution. There were several affrays with poachers, in

which blood had been shed; and that of two gentlemen, who had first

horsewhipped and then shot at each other, to the extinction of one

life, and the risk of both. In short, it was an edifying display of

the results of civilization up to the period at which we have now

arrived, and of the peculiarly polished state of England, and its

respect for social order. I say nothing of the brotherly love, the

Christian charity, and the enlightened benevolence which oozed out

through the pores of the calendar. Verily it was fitted to raise us

high in the eyes of Europe.

It is marvellous with what celerity the grand jury returned true bills

against the whole of the accused. Did I say against the whole? It was

a mistake. Out of a hundred and thirty-four cases, they threw out one,

just to keep up the privilege of rejection. It was the case of a small

proprietor who had knocked down in the presence of three or four men,

a rascally labourer, who would insist upon passing along a path which

had been used by his ancestors for five generations. They threw it

out, however, and the path was closed thenceforth to all men for ever

and aye.

Amongst the other bills found, was one against Chandos Winslow, Esq.,

for the wilful murder of John Roberts, attorney-al-law, &c. &c. &c.

But it was a late case on the roll, and a good deal of condemnation

was done before that came on. The first sharp appetite was taken off

from both judge and jury, and the solicitor congratulated himself and

his client on the hanging period of the assizes being on the decline.

It is strange and not pleasant to think of, on how many small

circumstances a man's life hangs in the most civilized countries of

Europe, especially in the most Christian. A famished juror or two will

turn the balance any day; and I fear me that hunger is not an appetite

which leans to mercy. The beginning of the assizes is always a bad

time to be tried. I would not advise my felonious friend to attempt it

if it can be put off. The jury then think themselves a many-headed

Aristides. Brutus was nothing to them, and Cato a mere babe. They

would condemn their own children to magnify the law. Then, again, the

end of the assizes is as bad; for both judge and jurymen have got

tired of the thing, and want to get home to their wives and families.

This can only be accomplished by despatching their men out of hand;

and haste is always cruel, rarely just.

The charge of the judge to the grand jury is a more important matter

than people generally imagine. It is treated as a matter of course: or

at best as an opportunity afforded once in so many months for a great

functionary to make a clever speech on a very favourable subject. But

it is much more than this. It frequently gives a tone to the whole

proceedings of the court. From the grand jury it is reflected upon the

petty jury, and affects them more than it does the former. If the

judge represents strongly the serious increase of crime upon the

calendar, and urges the necessity of vindicating the law and rigidly

administering justice, the Aristides' spirit I have talked of becomes

very rampant, and you are sure to hear, "Guilty, my lord," very

frequently repeated in the court. If, on the contrary, he

congratulates the county on the small amount of crime that has

occurred since last he was seated in that place, and declares that

there are but one or two serious cases for their consideration, the

worthy jurymen think, when there are so few, it may be just as well to

let the poor fellows get off, as it is cold work hanging without

company.

As I have said, however, the calendar was heavy, and the judge made a

very serious and impressive charge, alluding particularly to the case

of the murder of Mr. Roberts. He called the attention of the grand

jury particularly to it; recommended them to cast from their minds

everything they had heard, and to consider the matter simply on the

testimony which supported the charge. He represented their duties as

merely preliminary; (in which, indeed, he was right;) but though he

never mentioned the name of the accused person, he declared the act to

have been most barbarous and horrible; spoke of the deceased as an

innocent, honourable, industrious man, whose murder was an awful stain

upon the county and the kingdom; and in aggravating the heinousness of

the offence, produced, naturally enough, a very unfavourable opinion

of the person charged with committing it. While he was speaking in

reprobation of the crime with so much eloquence, the minds of the

grand jury necessarily connected it with Chandos Winslow as the

perpetrator, and of course they returned a true bill, as they would

have done had not the evidence been half so strong against him. It is

very possible that the grand jury did dismiss from their minds all

they had heard before, though that is rarely done, and little to be

expected; but they assuredly did not dismiss from their minds the

judge's charge, and that was quite sufficient.

The speech of his lordship was printed and circulated in the town of

S---- that night, and when the solicitor read it, he muttered between

his teeth, "He will sum up against the prisoner, that is clear. Our

only hope is in the striking of the jury."

How horrible that any man should be able to divine, or pretend to

divine, how a judge will sum up in a case, the evidence upon which is

not yet before him! But, nevertheless, a solicitor of experience is

seldom wrong in such matters.

Chandos Winslow, too, read the charge, and came to the same

conclusion. In the cold and measured phrase, in the well-poised and

cautious words, even in the scrupulous abstinence from all allusion to

himself, he saw an impression against him, and was sure that it had

not only been felt, but communicated. The most deadly poison is that

which acts with the least outward signs. He thought over the

circumstances deeply, and remained in thought for many hours. He tried

to view his own case as if it were not his own. He recalled every

fact, and arranged the one in connexion with the other. He separated

what he himself knew, but was resolved not to communicate, from that

which was before the public eye, and a terrible mass of criminatory

circumstances was left unmixed. He looked at the whole steadfastly and

resolutely, and he asked himself what he had to oppose to it. The

answer was--"Nothing."

Vague professions of innocence, the testimony of persons who had known

him long to his general character--this was all; but he knew well that

all this was nothing in a case like that before him. He was aware,

moreover, that the refusal to give explanations would be construed

into a mere consciousness of guilt, and yet he could neither do away

the presumption of crime which existed in a thousand of the facts

against him, nor even account for one moment of his time without

casting back the charge of murder upon his own brother. It was a

terrible situation. The thought of Rose Tracy aggravated it, shook his

firmness, made his resolution waver; and starting up, he paced his

cell backwards and forwards for some minutes. But he conquered

himself; he conquered the repugnance to death and cold forgetfulness;

he conquered the clinging of the heart to life and love, and he sat

down again, saying aloud, "No, I will not be the destroyer of my

brother."

I will not say that hope went out, for the hope beyond this life

remained; but the hope of saving himself, the hope of his counsel

making any available defence, passed away as he reviewed the strong

presumptive proofs against him, spreading out, link after link, in a

long chain, which bound him ready for a death of ignominy. He made up

his mind to it. He gave up the consideration of the charge and the

defence. He took one step over the earthly future, and, as if standing

at the ports of the tomb, he ventured to cast his eyes beyond. It is,

it must be, an awful moment for any man, when the words of fate are

pronounced and heard, when the irreversible decree has been notified

to us, "This night shall thy soul be required of thee!" when all the

soft ties are to be broken; when all the warm affections are to come

to an end; when all the new cold things of an untried fate are before

us, and the prospect from the top of the bleak hill of death swells

into eternity. Then comes the terrible question, "How shall I answer

at the Throne of one perfectly pure, perfectly holy, for all the

trespasses committed in this mortal state? how have I stood the trial,

trod the path assigned to me? how have I fought the fight? how have I

employed the talent?"

Who is there at such a moment that can dare to answer, "Well?"

What would it be, when the presence of an earthly judge is terrible to

an offender, to plead one's own cause, to be one's own advocate before

the Almighty and Omniscient; to stand polluted in the Holy of Holies,

in the presence of Him who will not behold iniquity? But there is an

Advocate to raise his voice in our behalf; not to defend, but to

mediate, to justify us by his righteousness, to atone for us by his

blood, to make the compensation which eternal justice requires for

sin, and reconcile the offending creature to the offended Creator.

To Him Chandos Winslow raised his spirit in faith, and his voice in

prayer, and he found strength that no philosophy can give, hope when

all the hopes of earth had passed away.

A Whim, and Its Consequences Collection of British Authors Vol. CXIV · 第 28 / 48 章