“Also enable us to get in an extra round of golf on a Saturday,” said

Mr. Topott, viewing the beef he had exchanged for the mutton with a

deep suspicion. “But seriously, Weekes,” said he, “I don’t want you to

leave me until they’ve returned their verdict. You can just let that

_nisi prius_ business alone this afternoon, and stay with me. I have a

presentiment that things might go wrong.”

“Presentiment!” said Mr. Weekes impatiently. “Deuce take your

presentiments! Waiter, bring me some red pepper.”

“The fact is, I am frightened to death by that young fellow,” said Mr.

Topott cheerfully. “I suppose you know who he is?”

“I know what he is,” said Mr. Weekes incisively. “He is a confounded

nuisance.”

“He is the greatest player of Rugby football the game ever saw,” said

Mr. Topott impressively.

“Pity he didn’t stick to it,” said Mr. Weekes. “Better for him, better

for us. But what has his football got to do with his advocacy?”

“Well, I always think, you know,” said Mr. Topott modestly, “a man is

all of a piece as you might say. If he is preëminent in one thing he

will be preëminent in another.”

“Not at all, my dear fellow,” said Mr. Weekes, breathing contradiction,

a pastime that was dear to him. “It doesn’t follow in the least. A man

may be supreme as a crossing-sweeper, but it does not follow that he

would be equally great as a member of Parliament.”

“I am only advancing a theory,” said Mr. Topott, more modestly

than ever, “but I rather contend that it does. It is a matter of

will-power. That to which his supremacy is due in one direction, if

evoked in an equal degree in another direction will result in an equal

supremacy. What I mean to say is, that it seems to me this truly great

football-player has made up his mind to become a truly great advocate.

And that is why I fear him.”

“Moonshine,” said Mr. Weekes. “He is clever, I grant you; but

football-playing and advocacy are not on all fours, as he will discover

this afternoon very speedily when he comes to address a British jury.”

“If you don’t mind my saying so,” said Mr. Topott, with a very

apologetic air, “it struck me this morning that his football-playing

and his advocacy were very much on all fours. They both struck me as

belonging unmistakably to the man. I have, as I say, a presentiment

that things might go wrong.”

“Confound your presentiments, Topott! How can things go wrong? And why

a man of your experience should funk a mere boy who has had none, I

don’t know. He is certain to come an imperial crowner with the jury.

There isn’t half a leg for him to stand on.”

“Well, he didn’t come much of a crowner this morning,” said Mr. Topott

deferentially, “in spite of Bow-wow and in spite of you. I don’t know

where he obtained his information, but I thought the whole thing was

most artistic. And if the fellow can cross-examine in that manner,

heaven knows what he can do when he gets up on his hind legs to address

the jury. I tell you, Weekes, I am frightened to death of this young

fellow. He’s deep.”

“I tell you what it is, my boy,” said Mr. Weekes tartly, “you stayed up

an hour longer than you ought to have done at the Betterton last night,

waiting for four aces which never turned up.”

At an adjoining table the barrister of elephantine proportions, who

had expressed his determination “to stand the fellow a bottle,” was

entertaining a select coterie of his learned friends. In his inn he was

justly celebrated as a trencherman among a society which had always

been famous for its prowess at the board. He rejoiced in the name of

“Jumbo;” and, although his practice was small, only his adipose tissue

imposed the bounds to his good nature. In every way he was designed by

nature to be one of her most popular efforts.

“Who’s Northcote?” was a question that was circulating freely. None

seemed to know.

“Never heard of him. Never seen his name.”

“Well known in the police-courts, I believe.”

“It’s time he gave them up. His talents call him elsewhere.”

“It was rather poor form, I must say, trying to score off Bow-wow.”

“It is a mistake a young man is likely to make.”

“Speaking for myself, I thought Bow-wow was asking for it. It is the

time-honored story of the old-established firm of the bench and the

Treasury. Once a Treasury counsel always a Treasury counsel.”

“Jealousy, jealousy, jealousy.”

“He was altogether wrong with the police.”

“I agree. He ought to have been handled more firmly.”

“Bow-wow furnishes a good example of a lath painted to look like iron.

I should like to have seen him face to face with Cunningham, or old

Tottie Turnbull. There would have been trouble for one.”

“For m’lud, I’ll lay a pony. This young sportsman is quite above the

ordinary. He is going a very long way.”

“It is too early to say. We see so many geese with the plumage of the

swan in this profession.”

“Name! name!” cried the table.

“I expect when it is all reckoned up,” said Jumbo, when order had been

restored, “my young pal, Jem Smith, is the son of ‘Pot’ Northcote who

went the northern circuit for years.”

“If that is so, Jum, he is already a better man than his father. Pot

died a recorder.”

“I hope the young un will open his mug for an hour this afternoon. He’s

got the finest mask on him for a young un I ever saw.”

“Weekes might easily have to play jack-in-the-box all the afternoon.”

“In that case poor old Bow-wow will have to do a frightful amount of

scratching at his leg.”

“But the case is too dead to be worth it.”

“That won’t matter to James. He threw down his gage this morning. The

jury will have to sit tight and hold on to the handle going round the

curves, or he’ll have them in a hat before he’s done with them. And

I’ve seen Bow-wow crumple up before now.”

“So have we all.”

“Like all notorious barkers his voice is the best part about him.”

“For my part, I think you are going too fast. The lad is not so

wonderful as all this. He has done nothing out of the common as far as

I can see.”

“No, dear boy,” said Jumbo, “because you can never see anything. But

a young sportsman who can cross-examine in that manner in his first

murder case is made of the right stuff.”

“But the witness was as easy as pie. She didn’t know where she was or

what she was saying.”

“And he took an amazing advantage of her.”

“So would any one else.”

“They would, but in a very different way.”

“His cross-examination will amount to nothing, in spite of the time it

wasted.”

“Will it not, though? That is all you know of a sentimental jury of

your countrymen.”

“His attack on the police was monstrous, and he had no right to put

questions in the form he did.”

“So thought Weekes, so thought Bow-wow, but he put them all the same.

And what is more, the foreman of the jury, a highly respectable

greengrocer, took cognizance.”

“Well, where does his amazingness come in? She only answered ‘yes’ to

everything.”

“Had he wanted her to answer ‘no’ to everything she would have done so.”

“Of course she would. Everybody could see that.”

“Yes, dear boy, and what does he do? Our young friend takes the

liberty of inventing every one of his facts as he goes along. All that

about her dealings with the police and the murdered man coming from

her native village was so much fiction. It was a marvellous piece of

improvisation.”

“We shall none of us believe that.”

“Of course you won’t, dear boys; you are not expected to. But as soon

as he realized his opportunity he took an amazing advantage of it. It

was daring, I grant you, an unparalleled piece of effrontery. I don’t

know another man at the bar who, had he been capable of a _coup_ of

that kind, would have ventured to play it. The whole thing was the most

audacious piece of work ever seen.”

“But, my dear Jum, he had no right to do a thing of that kind.”

“Of course not, dear boy, but he did it.”

“But why didn’t Weekes stop him?”

“Because Weekes did not know any more than you. He would be the last

man in the world to see a thing of that kind.”

“Then why didn’t Topott call his attention to it?”

“Topott also was completely taken in.”

“Then by your own showing, Jum, you were the cleverest man in court

this morning?”

“The cleverest but one, dear old boy. My young friend Jem Smith was

the cleverest by very long chalks, but my perspicacity is deserving of

honorable mention.”

“It is not the first time,” said the table, roaring with laughter,

“that this fatal drink habit has caused you to see things.”

XXVI

THE PLEA

Northcote lunched with Mr. Whitcomb in a secluded place, where he

partook of a concoction of egg and sherry, and two Abernethy biscuits.

The solicitor’s attitude towards him had already changed. The fact

that he had adhered to his refusal to call witnesses for the defence

was allowed to pass, because he had been able to show that after all

he was entitled to hold ideas of his own on the conduct of the case.

His remarkable essay in cross-examination had restored the solicitor’s

self-esteem; the dark horse he had chosen was not going to prove so

unworthy after all.

“Of course you have got the judge dead against you now,” said the

solicitor, “and I don’t quite see what it is going to do for you; but

as far as it went it was very well done. I can’t think how you came to

put all those questions. Where did you get your information? It was not

on your brief.”

“Never mind where I got it,” said Northcote, with a laugh.

His composure was much greater than when his client had conversed with

him in the court.

“If only the whole case were not so dead it might have proved

enormously useful,” said the solicitor. “Yes, it was very well done.”

“Would you say that Tobin would have done it better?” said the young

man, with an odd smile.

“No, I would not,” said the solicitor. “I will pay you the compliment

of saying that even Michael Tobin would not have done it better.”

“Thank you,” said the young man drily. “And now, what would you like to

lay against an acquittal?”

“Well, you are a cool hand, I must say,” exclaimed Mr. Whitcomb,

somewhat taken aback. “For a beginner I don’t think I’ve met your

equal.”

“What will you lay against an acquittal?”

“I don’t mind laying five hundred to fifty,” said the solicitor.

“Done,” said Northcote.

“If you had asked me this morning before you went into court you might

have had five thousand to fifty.”

“Sorry I forgot to mention it, because I was just as sure then as I am

now what the result will be.”

“Why you should have this confidence I cannot understand. Really, you

know, you haven’t a leg to stand on.”

“Well, well; I am going to leave you now to take a stroll for ten

minutes. See you soon.”

Northcote went out into the traffic to take a few mouthfuls of the

London air. Fiery chemicals seemed to be consuming his nerves, and

his brain was like a sheet of molten flame. But sensations so extreme

in nowise distressed him. He felt the exhilaration of this strange

yet not unpleasant condition to be the pledge of a harmony between

mental and physical passion. It seemed to promise that the overweening

consciousness of power that had haunted him for so many weeks in his

solitude was about to be fulfilled. The painful self-distrust, the

afflicting self-consciousness which had tormented and atrophied his

energies in smaller cases had vanished altogether.

As he recalled the achievement of the morning, he felt a glow of

exaltation. Looking back upon it his mind had been as clear as a

crystal, exquisitely responsive to the will. Every bolt and nut of the

complex mechanism had been in perfect order. The very words he had

wished to use had sprung to his lips, the very tones in which he sought

to embody them had proceeded out of his mouth. So profoundly harmonious

had been his mind in its most intimate workings, that he had been able

to convey fine shades of meaning to the jury without addressing to them

a single word.

Already he seemed to know all that was salient in the character of each

individual who composed it. As he rejoiced in the masterful strength

in which he was now cloaked so valiantly, he felt it had only to abide

with him throughout the afternoon, and a signal victory would crown his

efforts. And it would abide with him throughout that period, because

all the power of his nature, which when aroused to action he felt to be

without a limit, was pledged to this contingency. In this overmastering

flush of virility in which he walked now, he stood revealed to himself

as a Titan. Bestriding the crowded pavements he seemed to be in a world

of pygmies. What was there in the life around him that could stem this

vital force? No longer did he doubt that it was in him to dominate the

judge, the jury, and the prosecution. They were none of his clay;

their mould was not the mighty one nature had used for his fashioning.

With an extraordinary boldness and elasticity in his steps he walked

back into the court. How dear, how precious, had the fetid and hideous

room become to him already! It is a ruthless joy that consumes the

orator, when, clad in his strength, he stands up in that forum which

previously his failures have caused him to dread, but which the lust

of triumph has rendered indispensable to his being. This day would be

written in its memorials. It would mark the first of a succession of

achievements within its precincts, achievements which would cause his

name to be handed down in its archives forever. Who among the listless

occupants of the surrounding benches foresaw that they were on the

threshold of another miracle that was about to happen in the world? Who

among them foresaw that a demigod was about to rise in their midst?

Those venal, high-living men, whose flesh was overlaid in luxury, how

could they hope to understand the miracle that was about to occur? How

could the poor drab, cowering in the dock, whose life so ironically

had become the pretext for the first announcement of his genius, how

could she hope to understand that a new force was about to take its

walk in the world? How dismal, coarse, and sordid everything seemed!

Not a glimpse of light, beauty, or hope was anywhere to be discerned

in the whole of that crowded and suffocating room. The darkness and

horror which oppress us so much in the streets of a great city, all

the festering sores, all the blunt evils which discolor human nature

and conspire against its dignity, seemed to have congregated here.

The most cruel fact of human existence, the knowledge of man’s innate

imperfection, appeared to be concentrated, to be rendered visible in

this inferno in which every aperture was kept so close.

As soon as the judge returned into court, Mr. Weekes rose to address

the jury. Northcote sought sternly to curb his own impatience while the

trite voice of the counsel for the prosecution marshalled the array

of facts. They were so damning that they hardly called for comment.

None could dispute the tale that they told; and the Crown had no wish

to waste the time of the court by laboring the obvious. Reposing

an implicit confidence in the triumph of a virgin reason, that one

imperishable gift of nature to mankind, Mr. Weekes was yet able to

exhibit a profound sorrow for the terrible predicament of the accused,

and the awful alternative with which twelve of her countrymen were

confronted. But painful as was their duty, and painful as was his, it

was imposed upon them by the law. Mr. Weekes resumed his seat in the

midst of a deep and respectful silence, which indicated how crucial the

situation was to all, after having spoken for three-quarters of an hour.

The uninspired but adequate words of his opponent had galled Northcote

at first, so overpowering was his desire to rise at once and deliver

that utterance with which his whole being was impregnated. But as

perforce he waited and his ears were fed by the formal phrases of his

adversary, his nervous energy seemed to concentrate under the effort

of repression. And when at last a curious hush informed him that his

hour had arrived, which at a time less momentous would have unnerved

him altogether, and he rose to his feet, to such an extent was he

surcharged with emotion that at first he could not begin.

Every eye in the crowded building was strained upon him almost

painfully, as he stood with locked lips looking at an old woman in a

bright red shawl in the public gallery. He was as pale as a ghost,

his cheeks were so cadaverous that in the murky light of the gaslit

winter afternoon they presented the appearance of bones divested of

their flesh. But there was a profound faith among the majority of the

slow-breathing multitude. Since the morning the name of the advocate

had come to be bruited among them; and in spite of his silence, which

was grinding against their tense nerves, there was that in his bearing

which excluded all sense of foreboding from their minds.

A full minute passed in complete silence while the advocate stood

staring at the old woman in the red shawl. At last his lips were

unsealed, slowly and reluctantly; the first words that proceeded from

them were of a quietude which pinned every thought. All listened with a

painful intensity without knowing why.

“My lord, gentlemen of the jury: It is with feelings of awe that I

address you. This is the first occasion on which my inexperience

has been summoned to bear the yoke of a great task; and here on its

threshold I confess to you without shame that I should faint under its

burden, had I not the knowledge that I hold a mandate to plead the

cause of not the least of God’s creatures.

“You must have heard with admiration the words which have fallen from

the lips of the learned gentleman who has pleaded the cause of the

Crown. Impregnable in his learning, ripe in his judgment, he has made

it impossible for the tyro who stands before you to imitate his force

and his integrity. Indeed, I do not know how this tyro would derive the

courage to follow him at all were it not that a special sanction had

been given to him by the grievous circumstances of this case. It is

because its nature is so terrible that he who has to share its onus is

able to forget his youth, his weakness, his absence of credentials.

“We are proud, we citizens of London, that we are born of the first

race of mankind, in the most fortunate hour of its history. It is our

boast that we are the inheritors of a freedom that was never seen

before on the earth; a freedom not only of conduct and intercourse,

but more rarely, more preciously, a freedom of opinion, a freedom of

ideas. And we prize this birthright of ours not merely because our

fathers purchased it for us with their blood, but also because its

possession is of inestimable worth in the progress of human nature.

And in the very centre of this pride of ours, which is intellectual in

its source, there arises, as the bulwark of our homage, the more than

sacred edifice which has crystallized the national life. I refer to the

constitution of England.

“We do well to accept this institution with an unreserved emotion

which, as a race, we regard as unworthy. For there are some who hold

that this hiatus between our precepts and our practice confers a yet

deeper lustre upon our love of justice. For, gentlemen, that love is

innate in the heart of every Englishman; it is the stuff of which our

constitution is composed, which quickens our pulses and tightens our

throats; it helps to form the most magnificent of all our traditions;

it is the woof of a fabric which is imperishable.

“It is the thought of this love of justice dominant in the breast of

every London citizen, which sustains him who pleads the cause of the

accused. For in a charge of this awful nature the constitution enacts

with a noble wisdom that the prisoner at the bar is entitled to any

doubt that may arise in any one of your minds in regard to the absolute

conclusiveness of all the evidence that may be urged against her. That

is a humane provision, gentlemen. It is worthy of the source from which

it springs. Without this provision I do not know how any advocate would

be prevailed upon to incur his responsibility; nor, gentlemen, do I

know how any jury of twelve humane and enlightened Englishmen would be

gathered into this court to adjudicate upon the life or death of an

Englishwoman. It is a humane and far-sighted provision, and it enables

the advocate of this unhappy Englishwoman to address you with a feeling

of security which otherwise he could never have hoped to possess.

“I feel, gentlemen, that the exigencies of this case may compel me to

speak to you at great length, but of one thing you may be assured.

I shall not speak at all unless every word I am called to utter is

weighed with care and fidelity in the scales of the reason that God has

given to me, and I know, gentlemen, from the look upon your faces, that

with equal care and equal fidelity you will weigh them in the scales

of the reason God has given to you. I have placed myself in the most

favorable position for addressing you I can devise. I shall hope to

speak with the utmost distinction of which I am capable; and I shall

hope not to employ a word whose meaning is obscure to you, or a phrase

which is equivocal or open to misconstruction. That you are prepared

to surrender your whole attention to me you tell me with your looks.

That I shall hold that attention I dare to believe, unless the hand of

Providence deprives me of the power to give utterance to those things

with which my mind is charged to the bursting-point.

“You will not refute me when I assert that the fact in our common

experience which at the present time has the greatest power to oppress

us is the imperfection of human nature. And upon entering a court of

justice this fact is apt to demoralize a feeling mind. The science of

appraising criminal evidence has been carried among us to a curious

pitch, as witness the unexampled skill of my learned friend; the

paraphernalia of incrimination, if the expression may be allowed to me,

is consummate; but in spite of the rare ingenuity of great legal minds,

human nature is fallible. It is liable to err. It does err. To the deep

grief of science it errs with great frequency. Indeed, its errors are

so numerous that they even impinge upon the sacred domain of justice.

Miscarriages of justice occur every day.

“In a cause of this nature it is most necessary that steps should be

taken to exclude the element of injustice by all means that are known

to us. We are bound, gentlemen, to keep that contingency constantly

before our eyes. Such a contingency fills me with trembling; and I

believe it fills you, for in this instance a miscarriage of justice

would not only be irreparable, it would be a crime against our human

nature.

“The question arises, how can we safeguard ourselves against this

element of injustice? What means can we adopt to keep it out?

Gentlemen, it devolves upon me, the advocate of the accused, to furnish

that means. By taking thought I shall endeavor to provide it. To that

end I propose to divide what I have to say to you into three parts. The

first will deal with your legal duty. The second will deal with the

duty to which every Christian Englishman must subscribe or forfeit his

name, and with his name the title-deeds of his humanity. The third will

show the consequences which must and do wait upon the evasion of this

second duty, which is the highest and noblest known to mankind, which

in itself completely transcends this legal one, this technical one you

are sworn to obey.”

“I can see he means to be all night,” said Mr. Weekes to his junior,

with marked irritation. “Lover of the sound of his own voice.”

“He is going wrong already,” said Mr. Topott complacently. “Saying too

much; overdoing it generally.”

“Every inch a performer,” said Jumbo at the back to a companion.

“There’s a fortune in that voice and manner. Hope the lad won’t say too

much.”

“Has done already,” said his companion. “That cant of a duty higher

than the legal one is merely ridiculous.”

The ex-president of the Oxford Union and his friend, whose youth

rendered them sternly critical, were following Northcote’s every word

with the closest attention.

“He’s got a brogue you could cut with a knife,” said the ex-president,

with an air of resenting a personal injury.

“You are wrong,” said his friend, with an absence of compromise. “He

was at school with me.”

Henry Northcote · 第 13 / 22 段