A Siren Part 58

Even as he came, bent and shaking, down the great staircase of the Palazzo leaning on Fortini's arm, and had to pa.s.s, in crossing the hall to the carriage, all the servants of his household, most of whom had not seen him since the evening of the last day of Carnival, and who were urged by curiosity to take this opportunity of looking at their terribly-changed master, it seemed to him that his martyrdom had commenced.

He pa.s.sed through the streets of the city with the blinds of the carriage drawn down, and with his eyes closed as he lay thrown back into the corner of it: but, as he felt it draw up at the entrance to the "prefettura," he suddenly grasped the lawyer's hand, and Fortini felt, with a shudder, that his hand was as cold as that of a corpse. He was altogether in such a state that Signor Fortini began to fear that there really would be some catastrophe in the court before the business of the day could be concluded.

With the aid of a servant on one side and of the lawyer on the other, however, he was got out of the carriage, and, almost supporting him, the lawyer, who had made all his arrangements previously, led him into the building by a private door and to the chamber in which the tribunal was sitting by a private pa.s.sage used only by the magistrates, and opening into the court in the immediate vicinity of the seats occupied by them, by the side of which a chair had been a.s.signed to the Marchese.

Nor had Signor Fortini's cares and preparations ended there. He had spoken with each one of the magistrates who were to try the case, in no wise telling them of the Marchese's unwillingness to appear, but representing the terrible state of mental and bodily prostration to which the dreadful nature of the late events had very naturally reduced him, and which would have rendered it utterly impossible for him to appear in court, but for his indomitable will, and the high sense of duty, which had led him to think it, under the circ.u.mstances his duty to do so.

To no soul had he whispered a word of the Marchese's very marked reluctance to attend at the trial, save to his old and intimate friend of many years standing, the Professor Tomosarchi, whom he had thought it advisable to consult as to the desirability of his seeing the Marchese before he was called on to make the effort. To his surprise he had found Tomosarchi almost as unwilling to see the Marchese, as the Marchese had been to see him. He did not say at once, as the latter had done, that he would not see him, But while admitting the strong desirability that the Marchese should be present at the trial, he yet manifested a strong reluctance, which the lawyer could not understand, to taking any share in the task of persuading and preparing him to do so.

The magistrates, who were all of them old friends of Signor Fortini, and to each of whom he had spoken, separately on the subject, had seemed to find no difficulty in understanding, that it was very natural under all the circ.u.mstances, that the Marchese should have been terribly affected, both in body and mind, by the late events. It had been suggested to them by the lawyer, that it would be well to avoid, as far as possible, anything that should make it necessary for the Marchese to speak at all, even in saluting him on his entrance. When therefore, just after the court had a.s.sembled, the Marchese, trembling and s.h.i.+vering in every limb, was led in by the little door that opened close behind the seat he was to occupy, the magistrates contented themselves with rising and bowing to him in silence. The court, as might have been expected, was very full; and it was impossible to prevent a very marked and audible manifestation of the shock produced upon the spectators by the changed appearance of one so well known to them from running through the crowd.

Even in the territories of the Pope, a criminal court is in these days an open and public one. There is no jury, and the criminal, or suspected person, may be subjected to any amount of examination on oath. But, in other respects, the method of procedure is not very dissimilar from our own. The prosecution is conducted by an officer a.n.a.logous to our attorney-general, or by his subst.i.tute; and is defended by any advocate of the court whom he may employ for the purpose. The appreciation of the credibility of testimony, the greater or lesser value of circ.u.mstantial evidence, the application and interpretation of the law, and the award of sentence, remain with the judges, subject to appeal to a higher court. Moreover, in the present case, the inquiry a.s.sumed more of the form of a general attempt to ascertain the solution of an unexplained mystery, than would have been compatible with the forms of our criminal courts, inasmuch as there were two prisoners to be tried for the crime, whom no theory of the circ.u.mstances had suggested to be accomplices, and the conviction of either of whom, according to the hypothesis which had been started, involved the absolution of the other.

The judicial oath is administered not as with us, but by requiring the accused person, or the witness, to a.s.sert that he is speaking the truth, while placing the extended hand on a carved representation of the crucified Redeemer. And there can be no doubt that this ceremony has a very strong effect on the imagination and nervous system among the easily moved races of the south. Many a crime has been avowed, because the paralyzed lips of the criminal were absolutely incapable of p.r.o.nouncing the lie he fully purposed to speak, while he thus openly appealed to the material figure which had the power of enabling the sluggish southern imagination to realize the presence of the Creator.

There would be little interest in detailing at length the proceedings of the trial; since nothing was elicited that would be in any way new to the reader, or that was calculated to throw any fresh light on the circ.u.mstances to be inquired into, until the business in hand was nearly concluded.

Every tenderness had been shown to the misfortunes and to the terrible state of suffering of the Marchese. A full statement of his own conduct at the ball, and on the following morning, had been extracted, with very little indulgence in the process, from the Conte Leandro, from whose white and pasty face the perspiration had rained beyond the power of any handkerchief to control it, while he described himself as an eavesdropper, an informer, and a spy. And all that had been required from the Marchese Lamberto was the admission that the Conte Leandro's statements, as far as regarded what had taken place at the ball, were correct.

But the fact was that the case was well-nigh prejudged before the professed trial began. All Ravenna, including the police authorities, who had investigated the matter, and the judges who came into court well instructed in all that had been done, and all that could be known upon the subject, had made up their minds that the stranger girl was and must have been the criminal. It was infinitely more agreeable to everybody concerned to suppose that such should be the case rather than that such a d.a.m.ning blot should fall on the n.o.blest house in the city, and that in the person of one of the most popular men in it; and, at the same time, it must be owned that the case was so strong against Paolina that a prejudice against her could hardly be called a corrupt one.

Her own conduct during the trial had tended yet farther to impress the minds of all present against her. Not that there was anything in her appearance and manner that was otherwise than calculated to conciliate pity and favourable opinion. Her entrance into the court had excited the greatest interest. She had on a black silk dress made in the simplest and plainest possible fas.h.i.+on; and the colour of it, where the neckband encircled her slender throat, made an absolutely startling contrast with the utterly colourless whiteness of her skin. Her manner was very subdued, very quiet; nor did she exhibit any signs of fear; or much of emotion, save to those who were near enough to her to perceive a quiet, silent, and undemonstrative tear steal occasionally down her dead-white cheek.

But when examined as to her disposal of herself after leaving the church of Apollinare--as to her motives for changing her purpose, if it were true, as she stated, that she did change her purpose of entering the Pineta--she became embarra.s.sed and failed to give any satisfactory reply.

Ludovico had, at an early stage of the proceedings, been removed from the court, after having been in vain again and again requested by the judges to abstain from interfering with the progress of the case against Paolina.

At last, when almost everybody in the court had made up their minds that there could, in truth, be no doubt that the young Venetian, goaded to frenzy by her jealousy, had been the author of the murder, and quite everybody was convinced that such would be the decision of the judges, the latter were on the point of retiring from the court to confer, and consider their sentence, more as a matter of form, probably, than anything else, when an incident occurred that made a change in the aspect of matters.

CHAPTER VII

The Friar's Testimony

In a criminal trial in the states of His Holiness the Pope, there is none of that absolute and inflexible adherence to certain rigid forms and rules which gives to many of the proceedings of our courts that character of an inevitable destiny-like march which is so dramatic in its operations--that sense of the presence there of a power greater than that of the greatest of the men concerned in the administration of it, which const.i.tutes on large element in an Englishman's respect for the law. At times this automatic power, which has been thus created Faust-like, by reason of the impossibility of pre-adapting its mechanism to the exigences of every case, works to unforseen and undesired ends--sometimes even to absurd ones. And, with thinkers of a certain phase of modern thought, it has been a favourite taunt against the average British mind, that it rather delights in the contemplation of such abnormal workings of the great automatic law in which it has created. Some manifest mistake or error has occurred. The man supposed to be murdered walks into court; but it is a minute too late; the verdict has been given--the sentence p.r.o.nounced. All the court judges, witnesses, counsel--look at each other in dismay; the great law automaton cannot be made to swerve in its path by any power there. And the average Englishman likes the contemplation of such a case, it is sneered; and the sneer may be joined in by those who, under other systems, have the immediate power of setting any such mistakes right by a word. But the sneer, let the Englishman be a.s.sured, would by no means be joined in by the population, who are subject to the action of courts and judges thus able by superior word to direct the course of justice.

The new incident which suddenly arose to change all the aspects of the trial and its results would, as far as the a.n.a.logy of the Roman mode of proceeding and our own holds good, have been too late in one of our courts to produce the results which it did produce. The judges were on the point of retiring to consider their decision and sentence when they were met at the little private door, by which they were about to leave the court, by one of the ushers. And the consequence of the few words he spoke to them was that they gave an order--turned back, and resumed their places.

It might well have been that the new incident might have been prevented from bringing about the result it was calculated to bring about in the Ravenna Court; but the miscarriage would have been caused in an altogether different way from that which has been spoken as sometimes characterising our own courts.

It was very clear to everybody present that the judges would p.r.o.nounce Paolina to be guilty of the crime they were investigating; and to everybody present, with one or two exceptions, this was a very agreeable and satisfactory winding-up of the unhappy affair. Ravenna would be able to wash her hands of the matter. It was wholly, both in conception and execution, the work of a stranger. Since so great a misfortune had happened, it could not be more satisfactorily accounted for.

It is probable enough, therefore, that any Tom, Jack, or Harry, who, at that conjuncture, had presented himself at the prefettura for the avowed purpose of bringing a new light to the solution of the mystery which had been already so satisfactorily solved, might have experienced considerable difficulty in obtaining for himself any access to, or hearing from, the judges.

But the person who had now thus presented himself at the prefettura of Ravenna belonged to a body, the very lowest and poorest members of which, in that country, can always find, somehow or other, some means of compa.s.sing almost any object which is not disapproved by some superior member of their own corporation. The new-comer was a friar--old Father Fabiano, the priest of St. Apollinare, as the reader may have conjectured.

The police agents had been anxious to produce him there, as the reader knows, and he had baffled their wishes. Now the result which it had been desired that he should contribute to had been brought about, or as good as brought about, without him. What did he want there now?

There was an old usher about the court, however, whose advancing years were beginning to make him disagreeably conscious that the time was at hand when a sentence to a long term of purgatory--to say nothing of any severer doom--might make it exceedingly desirable to him to stand well with all those who are understood to have influence with the government in the world beyond the grave; and,--if there had been no such person, the friar would have known somebody--some old or young woman, probably--or he would have known some other friar who knew some such, who would have been able to influence some brother, lover, or husband, in the way he wished. As it was, Father Fabiano had no difficulty at all in conveying the message he wished to communicate to the judges.

They turned back to their places in the court, to the surprise and sudden awakening of new interest in the audience, and ordered that the new witness who had presented himself should be admitted and heard.

And Father Fabiano, bowed with age, and his h.o.a.ry head bent down on his breast, but neither s.h.i.+vering nor shaking, advanced to the witness-table. The crucifix was lying on it, and the friar, with the manner of a man recognizing in a new employment tools which he is well used to, at once stretched out his emaciated and claw-like hand, and made oath that he was about to speak the truth.

The Procuratore of the court then began to examine the old man with reference to his knowledge of the circ.u.mstances connected with the visit of Paolina Foscarelli to the church of St. Apollinare, and her disposal of herself after leaving it; but the friar replied that it would be uselessly occupying the time of the court to enter into any such particulars, inasmuch as he had come thither to prove that Paolina had nothing whatever to do with the crime.

"But," remarked the Procuratore, "if it is in your power to do that, why did you not give the necessary information to the Commissary of Police when you were, on several occasions, examined at St. Apollinare?"

"Signori miei," said the old man, addressing himself to the court in general, "it is no affair of mine to meddle with the administration of human justice. No words that I could say could undo the deed, or bring the murdered woman back to life. Evil enough had been done. Why should I cause further trouble, and sorrow, and shame, to others? It was more fitting to one of my order to leave retribution in the hands of Him who can best award it, and whose mercy may touch the heart of the sinner with repentance."

"But if so, frate mio," rejoined the Procuratore, "what, pray, is the motive that now brings you here?"

"Surely, the determination that the innocent shall not suffer for the guilty. It seemed to me that it would never be known, save to Him who knows the secrets of all hearts, what hand had done that terrible deed; but now I know that the fallibility of all human judgment has led questi Signori to the conclusion that the girl Paolina is guilty, and her condemnation would be a misfortune greater than the first--I knowing the hand which did that deed."

"Ha, you know the murderer; you suppose you know him? You come to offer us your guess, your suggestion?"

"I come, Signori miei, with pain and sorrow and great reluctance, to save you from condemning an innocent person by naming him who is guilty."

A sort of buzz and almost s.h.i.+ver of interest, anxiety, and expectation ran through the court, as the old friar spoke the above words in a stronger voice than that in which he had yet spoken.

"Friar," said the Procuratore solemnly and severely; "it is my duty, before you speak, to warn you to take heed to what you say. You are about, you say, to make an accusation the most tremendous that one man can bring against another. Bethink you whether you are able to substantiate what you are about to utter. Remember that, if you cannot substantiate it, it would be an hundred-fold better that your suspicion should remain unuttered."

The Procuratore, as well as every one else in the court, had little or no doubt that the friar was about to accuse the Marchese Ludovico as the perpetrator of the murder. And some, among whom were Signor Fortini, and Signor Logarini the Commissary of Police, were persuaded that the old man was going to trump up some story in the hope of saving his countrywoman, Paolina.

"Were it not for the necessity of protecting the innocent, Signori, G.o.d knows how much I should prefer to carry my terrible secret with me to the grave. Signori miei, these eyes SAW the deed done, that put the sleeping woman to death. Only G.o.d and I, the lowest of his servants! G.o.d and I saw the Marchese Lamberto di Castelmare do that deed!"

A loud indignant murmur of incredulity was beginning to rise throughout the crowded court, like the first getting up of a storm wind.

But it was suddenly hushed, and turned into a spasm of horror and intense shock, that made every man hold his breath, when the sound of a sudden heavy fall was heard; and it was seen that the Marchese Lamberto had fallen insensible to the ground.

CHAPTER VIII

The Truth!

The Professor Tomosarchi was in the court, and had been, as it happened, though unseen by the Marchese, fixing his eyes on him at the moment when the catastrophe narrated in the last chapter occurred. Springing forwards, therefore, the medical man was in a moment by the side of his old friend.

If, according to the strict letter of the requirements of their duty, the magistrates or the police authorities present ought, under the circ.u.mstances, to have prevented the free departure of the accused man to his own home, it did not occur to any one to do so. Professor Tomosarchi and Fortini between them, got him, still insensible, to his carriage, and took him to his home.

"Is it more than a mere fainting fit?" said the lawyer, as they both were supporting the person of the insensible Marchese. "Could you not do some thing to restore consciousness? Can that old friar have spoken the truth?"

"Apoplexy," said the Professor, with a serious and almost scared look into the other's eyes. "Apoplexy, and no mistake about it. Don't you hear the stertorous breathing. No, nothing can be attempted till we get him home. We shall be at the palazzo in a minute. We shall see; but I doubt--I doubt!"