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"He said where he had been, and that he was going up to the Hold,"
replied the witness, in tones of palpable hesitation, as if weighing his words.
"You are sure it was Jim Sanders?" asked a very silent magistrate who sat at the end of the bench.
Mr. Apperley opened his eyes at this. "Sure it was Jim Sanders? Why, of course I'm sure of it?"
"Well, it appears that only you, so far as can be learnt, saw Jim Sanders at all near the spot after the alarm went out."
"Like enough," answered the farmer. "If the boy went to all these places, one after the other, he couldn't be at the Hold. But there's no mistake about my having seen him, and talked to him."
The danger appeared to be over. The Bench seemed to have no intention of asking further questions of Mr. Apperley, and Nora breathed freely again. But it often happens that when we deem ourselves most secure, hidden danger is all the nearer. As the witness was turning round to retire, Flood, the lawyer, stepped forward.
"A moment yet, if you please, Mr. Apperley. I must ask you a question or two, with the permission of the Bench. I believe you had met Jim Sanders before that, last night--soon after the breaking out of the fire?"
"Yes," replied the farmer; "it was at the bend of the road between the Hold and Barbrook. I had that minute caught sight of the flame, not knowing rightly where it was or what it was, and Jim came running up and said, as well as he could speak for his hurry and agitation, that it was in Mr. Chattaway's rick-yard."
"Agitated, was he?" asked the Bench; and a keen observer might have noticed Mr. Flood's brow contract with a momentary annoyance.
"So agitated as hardly to know what he was saying, as it appeared to me," returned the witness. "He went away at great speed in the direction of Barbrook; on his way--as I learnt afterwards--to fetch the fire-engines."
"And very laudable of him to do so," spoke up the lawyer. "But I have a serious question to put to you now, Mr. Apperley; be so good as to attend to me, and speak up. Did not Jim Sanders distinctly tell you that it was Rupert Trevlyn who had fired the rick?"
Mr. Apperley paused in indecision. On the one hand, he was a plain, straightforward, honest man, possessing little tact, no cunning; on the other, he shrank from harming Rupert. Nora's words had left a strong impression upon him, and the mysterious absence of Jim Sanders was also producing its effect, as it was on three-parts of the people in court.
He and they were beginning to ask why Jim should run away unless he had been guilty.
"Have you lost your voice, Mr. Apperley?" resumed the lawyer. "Did or did not Jim Sanders say it was Rupert Trevlyn who fired the rick?"
"I cannot say but he did," replied Mr. Apperley, as an unpleasant remembrance came across him that he had proclaimed this fact the previous night to as many as chose to listen, to which incaution Mr.
Flood no doubt owed his knowledge. "But Jim appeared so fl.u.s.tered and wild," he continued, "that my belief is--and I have said this before--that he didn't rightly know what he was saying."
"Unless I am misinformed, you had just before met Rupert Trevlyn,"
continued Mr. Flood. "_He_ was wild and fl.u.s.tered, was he not?"
"He was."
"Were both coming from the same direction?"
"Yes. As if they had run straight from the Hold."
"From the rick-yard, eh?"
"It might be that they had; 'twas pretty straight, if they leaped a hedge or two."
"Just so. You were walking soberly along the high-road, on your way to Bluck the farrier's, when you were startled by the apparition of Rupert Trevlyn flying from the direction of the rick-yard like a wild animal--I only quote your own account of the fact, Mr. Apperley. Rupert was pale and breathless; in short, as you described him, he must have been under the influence of some great terror, or _guilt_. Was this so? Tell their wors.h.i.+ps."
"It was so," replied Mr. Apperley.
"You tried to stop him, and you could not; and as you stood looking after him, wondering whether he was mad, and, if not mad, what could have put him into such a state, Jim Sanders came up and told you a piece of news that was sufficient to account for any amount of agitation--namely, that Rupert Trevlyn had just set fire to one of the ricks in the yard at the Hold."
It was utterly impossible that Mr. Apperley in his truth could deny this, and a faint cry broke from the lips of Mrs. Chattaway. But when Mr. Flood had done with the farmer, it was Mr. Peterby's turn to question him. He had not much to ask him, but elicited the positive avowal--and the farmer seemed willing to make as much of it as did Mr.
Peterby--that Jim Sanders was in as great a state of agitation as Rupert Trevlyn, or nearly so. He, Mr. Apperley, summed up the fact by certain effective words.
"Yes, they were both agitated--both wild; and if those signs were any proof of the crime, the one looked as likely to have committed it as the other."
The words told with the Bench. Mr. Flood exerted his eloquence to prove that Rupert Trevlyn, and he alone, must have been guilty. Not that he had any personal ill-feeling towards Rupert; he only spoke in his lawyerly instinct, which must do all it could for his client's cause.
Mr. Peterby, on the other hand, argued that the circ.u.mstances were more conclusive of the guilt of James Sanders. Mr. Apperley had testified that both were nearly equally agitated; and if Rupert was the most so, it was only natural, for a gentleman's feelings were more easily stirred than an ignorant day-labourer's. In point of fact, this agitation might have proceeded from terror alone in each of them. Looking at the case dispa.s.sionately, what real point was there against Rupert Trevlyn? None.
Who dared to a.s.sert that he was guilty? No one but the runaway, James Sanders, who most probably proffered the charge to screen himself. Where was James Sanders, Mr. Peterby continued, looking round the court.
Nowhere: he had decamped; and this, of itself, ought to be taken by all sensible people as conclusive of guilt. He asked the Bench, in their justice, not to remand Rupert Trevlyn, as was urged by Mr. Flood, but to discharge him, and issue a warrant for the apprehension of James Sanders.
Ah, what anxious hearts were some of those in court as the magistrates consulted with each other. Mr. Chattaway had had the grace not to return to his seat, and waited, as did the rest of the audience. Presently the chairman spoke--and it is very possible that the general disfavour in which Mr. Chattaway was held had insensibly influenced their decision.
It appeared to the Bench, he said, that there were not sufficient facts proved against Rupert Trevlyn to justify their keeping him in custody, or in remanding the case. That he may have smarted in pa.s.sion under the personal chastis.e.m.e.nt inflicted by Mr. Chattaway was not unlikely, and that gentleman had proved that, when he left the rick-yard, the lighted torch was, so to say, in possession of the prisoner. Mr. Apperley had likewise testified to meeting Rupert Trevlyn soon afterwards in a state of wild agitation. In the opinion of the Bench, these facts were not worth much: the lighted torch was proved to be in the possession of James Sanders in the rick-yard after this, as it had been before it; and the prisoner's agitation might have been solely the effect of the beating inflicted on him by Mr. Chattaway. Except the a.s.sertion of the boy, James Sanders, as spoken to by Mr. Apperley and the servant-maid, Bridget Sanders, there was nothing to connect the prisoner with the actual crime. It had been argued by Mr. Peterby that James Sanders himself had probably committed it, wilfully or accidentally, and that his absence might be regarded as pretty conclusive proof of this. Be that as it might, the Bench had come to the decision that there were not sufficient grounds for detaining the prisoner, and therefore he was discharged.
He was discharged! And the shout of approbation that arose in court made the very walls ring.
CHAPTER XLI
A NIGHT ENCOUNTER
The first to press up to Rupert Trevlyn after his restored liberty was George Ryle. George held a very decided opinion upon the unhappy case; but strove to bury it five-fathom deep in his heart, and he hated Mr.
Chattaway for the inflicted horsewhipping. Holding his arm out to Rupert, he led him towards the exit; but the sea of faces, of friendly voices, of shaking hands, was great, and somehow he and Rupert were separated.
"It is a new lease of life for me, George," whispered a soft, sweet voice in his ear, and he turned to behold the glowing cheeks of Mrs.
Chattaway, glowing with thanksgiving and unqualified happiness.
Unqualified? Ah, if she could only have looked into the future, as George did in his forethought! Jim Sanders would probably not remain absent for ever. But he suffered his face to become radiant as Mrs.
Chattaway's, as he stayed to talk with her.
"Yes, dear Mrs. Chattaway, was it not a shout! I will drive Rupert home.
I have my gig here. Treve shall walk. I wonder--I have been wondering whether it would not be better for all parties if Rupert came and stayed a week with Treve at the Farm? It might give time for the unpleasantness to blow over between him and Mr. Chattaway."
"How good you are, George! If it only might be! I'll speak to Diana."
She turned to Miss Diana Trevlyn and George saw Rupert talking with Mr.
Peterby. At that moment, some one took possession of George.
It was Mr. Wall, the linen-draper. He had been in court all the time, his sympathies entirely with the prisoner, in spite of his early friends.h.i.+p with the master of Trevlyn Hold. Ever since that one month pa.s.sed at Mr. Wall's house, which George at the time thought the blackest month that could have fallen to the lot of mortal, Mr. Wall and George had been great friends.
"This has been a nasty business," he said in an undertone. "Where _is_ Jim Sanders?"
George disclaimed, and with truth, all knowledge on the point. Mr. Wall resumed.
"I guess how it was; an outbreak of the Trevlyn temper. Chattaway was a fool to provoke it. Cruel, too. He had no more right to take a whip to Rupert Trevlyn than I have to take one to my head-shopman. Were the ricks insured?"