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Alfred went on to say, that of the attempt to rinse the gla.s.s, he had a faint remembrance; that the impulse which guided his hand at the moment, must have been (as far as the thoughts of a season of sudden affliction, such as that to which he alluded, could be defined) a desire to conceal the suicide, which he feared had been committed; and that the same motive, strengthened by the frequently-expressed wishes of the deceased on the subject, had caused him to oppose, as long as possible, the examination of his lamented brother's remains.
The testimony of the witnesses had increased the feeling against the prisoner, while these unsupported attempts at explanation seemed, to such as were disposed to judge him harshly, but so many ingenious subterfuges, invented after accusation, to meet each point, and created, accordingly, in their minds, a strong sense of disgust, arising from the frightfully powerful contrast between the amiable motives laid claim to, and the horrible crime of which they still believed him guilty.
The judge demanded to know if the prisoner had, previously to being himself accused of the murder of the deceased, confided to any person his alleged belief, that a suicide had been committed, with the reasons he had now stated to the court for wis.h.i.+ng to suppress that supposed fact?
He had alluded to the subject in conversation with Mr. Geoffery Arden.
Here Geoffery, the sole evidence for the defence was called to the witness-box.
Did he remember any conversation of the nature referred to?
There was only one occasion on which he could call to mind Sir Alfred having made allusion to the cause of Sir Willoughby's death.
He was requested to state minutely what had pa.s.sed on that occasion.
About half an hour after Sir Willoughby had expired, he had followed Sir Alfred to the bed-chamber of the deceased, where he had found him reclining his face against the bed, apparently in a state of great mental suffering. He had made some attempts to calm his agitation, but without success; when, however, he was about to retire, Sir Alfred had looked up suddenly, and asked him if the Doctor had not said, that symptoms similar to those which had attended the dying moments of his brother, might have been occasioned by a fit of apoplexy. On being answered in the affirmative, he had added hastily, "Let it be so supposed then, and discourage all further inquiry;" he then again hid his face.
Had nothing more pa.s.sed?
Nothing with which he could charge his memory.
"Bad memories are the fas.h.i.+on," whispered Fips, with a grin of triumph, and a grunt of approbation.
Here the prisoner's counsel cross-examined Geoffery in the closest and ablest manner, but could not draw from him that part of the conversation in which Alfred had expressed a fear of Christian burial being denied, and his mother's affliction increased, should the suicide be suspected.
Thus mutilated, the evidence of the sole witness for the defence, told rather against than for the prisoner's cause, but, as there had been no third person present, the case was without remedy.
The judge asked if the prisoner had any other witnesses to call, or any thing more to say in his own defence; and on receiving a negative to both questions, looked disappointed. After a short pause, he commenced his charge to the jury, in the course of which he clearly and ably recapitulated the whole of the evidence.
This occupied between two and three hours, so that lights became at length necessary, though at his lords.h.i.+p's desk only, for the sake of referring to written notes, the imperfect remains of the daylight being sufficient for all other purposes.
The feelings of the court were now much excited; the solemn voice of the judge had for some time been the only sound heard, while the partial illumination at such a crisis had great effect, rendering more than ordinarily conspicuous the figure of his lords.h.i.+p; his costume so strongly a.s.sociated in our minds with the idea of his being the arbitrator of life and death; his countenance, which happened to be peculiarly striking, and, in particular, the flash of his eye, which was very remarkable; his manner, too, was impressive, the tones of his voice fine, and his diction clear and forcible; his expositions on points of law, were luminous even to the humblest apprehensions. He told the jury, that on such points it was his business to dictate to them, and theirs to be implicitly guided by his dictum. To decide what facts were proved in evidence, and the degree of credibility due to such evidence, was, he told them, their province; and in deliberating on a case which had naturally excited so intense an interest in the neighbourhood, his lords.h.i.+p entreated that the jury would dismiss from their consideration all they might have previously heard, or even thought on the subject, and confine their whole attention to the evidence delivered in court this day.
Much, he remarked, had been often and eloquently said respecting the extreme fallibility of circ.u.mstantial evidence; but where all the circ.u.mstances agreed, such might, in his opinion, be even more conclusive than positive testimony: for, in the one case, we deduced the fact from known facts, and therefore knew it as it were of our own knowledge; while in the other case, we staked our belief on the veracity of a witness or witnesses, which, though generally believed to be credible, might by possibility be otherwise. In the present instance, he was sorry to say, that the painful duty of his office compelled him to point out to their attention, that the chain of circ.u.mstantial evidence seemed more than commonly strong and connected, while every link was supported by the testimony of a host of, at least credible, and in many instances more than credible, since they were unwilling witnesses: still, it was for them to decide whether all the circ.u.mstances did agree, and whether the evidence in support of each circ.u.mstance was undoubted; for, if they felt a doubt, it was their duty to give the prisoner the benefit of that doubt. It was unfortunately a case so ultimately connected with the most powerful and agitating feelings, that it was difficult in the extreme to confine the attention to the naked force of evidence. He again, therefore, entreated those on whom the ultimate responsibility of the verdict rested, to lay aside their feelings, and use only their judgments.
His own feelings were, he confessed, powerfully interested by the defence of the prisoner; yet, he felt it there again his painful duty, to point out that there was neither circ.u.mstance nor fact, brought forward in the whole of that defence, based on any evidence whatever; that all rested on the unsupported a.s.sertions of the accused party. That the plea attempted to be set up, of Sir Willoughby's insanity, was not only unsustained by evidence, but that the very contrary had been proved, on the testimony of those most intimately acquainted and closely connected with the deceased. While there was at least negative proof, that even the prisoner had never expressed such an opinion, till after it became necessary to meet the accusation against himself. And lastly, that the prosperous and peculiarly happy circ.u.mstances, in which the late Sir Willoughby Arden was placed at the time of his sudden demise, made it wholly incredible, that, being in possession of his reason, he should of his own will, have taken the poison. It had been proved in evidence, that Sir Willoughby had been in perfect health, at and for some time after dinner--that he had supped in company with the prisoner only--that the remains of a.r.s.enic had been found in one of the gla.s.ses--that Sir Willoughby had died immediately after supper--that his death had been occasioned by a.r.s.enic--that the prisoner had attempted to rinse the gla.s.s in which the remains of a.r.s.enic were afterwards found--that a packet containing a.r.s.enic had lain on a certain morning, in a certain apartment--that the prisoner had been seen to come from that apartment alone, in the afternoon; that it was not an apartment usually inhabited or visited by the prisoner--that there was evidence the prisoner was aware the packet of a.r.s.enic lay there--that the said packet was missed the next morning, from the said apartment--that the said packet was subsequently found in a locked escritoire of the prisoner's, to which he alone had access--that a torn piece of paper, visibly a portion of the outer cover of the said packet of a.r.s.enic, had been seen, by a witness whose respectability and credibility were beyond a doubt, fall from within the breast of the waistcoat of the prisoner--that the prisoner had resisted the opening of the body--that Dr. Harman's opinion the deceased had died by the effects of poison, would not have amounted to evidence, had the body not been opened--and finally that the defence rested entirely on the unsubstantiated a.s.sertions of the prisoner himself. As probable motives could not become subjects of proof, though much had been said of them on the trial, he would say nothing of them here: they were all calculated to awaken feelings for, or against the prisoner; and once more, he entreated the jury to dismiss every thing but evidence from their minds, and give their verdict accordingly. He then told them distinctly what verdict it was their duty to their country to give, if they considered these facts proved, and what verdict was due to humanity, and the prisoner, if they still felt a doubt.
From the circ.u.mstance we have already mentioned, of candles being placed on the desk of the judge only, the twilight-like sort of obscurity which, by the time his lords.h.i.+p approached the conclusion of his charge, had stolen over the rest of the court-house, added much to the solemn effect of this most anxious part of the proceedings. The forms of the jurymen, but dimly discerned, leaning over with painful eagerness, to catch, as it were, the very thoughts of the judge; their eyes glancing in the distant light, as they removed them, from time to time, from his countenance, to look round on each other; and when he ceased speaking, the pause that followed--and then--the verdict, which issuing as it now did, from the gloom in which the whole group was wrapped, sounded more awfully, more like the condensed, irrecoverable decision of the _judicial twelve_, than when, in the broad light of day, the foreman, though in his official capacity in fact the voice of all, still looks the individual.
The single word p.r.o.nounced was--Guilty!!!
As though the whole a.s.sembly had hitherto held their breath, a sort of universal gasp was distinctly heard; and during the moment, the judge was preparing to p.r.o.nounce the awful sentence of the law, a movement was observable in the part of the gallery where Lady Arden, though not visible, was known to be.
CHAPTER XI.
From the first our hero had, as we have already said, many friends whom no appearances, however strong, could induce to believe him guilty of the crime of which he was accused. It seemed, however, to be universally expected that he would be acquitted; and while this was the belief, there were some who said that in the face of such evidence it would be a great shame, and that when men of rank offended against the laws, they ought more especially to be made public examples of.
No sooner, however, was he actually condemned, than almost every one was shocked; the tide of public opinion, with but few exceptions, turned in his favour; nay, a sort of tumult arose around the court-house, and in the streets adjacent. We must, however, return to the feelings of those more immediately concerned.
The dismay of Lady Arden was as complete as it was astounding; she seemed as totally unprepared for the event, as though the possibility of a fatal result to the trial had never been antic.i.p.ated. Her excitement was terrible; the pallid cheek was gone, and burning spots of crimson had succeeded, while the l.u.s.tre of her eye was rendered supernatural by a restless sense of the necessity for instant action! There was as yet, none of the quiescence of desolation; she neither lay nor even sat; she stood, yet standing wrote, and with her own hand, though in strange, large characters, unlike her own, a powerful and heart-rending appeal to royalty itself. "Time! time! at least!" was the prayer of her pet.i.tion; "The day of truth may dawn," she said, "when it is too late! Let not my child be judicially murdered during the frightful darkness of misjudgment."
Lord Darlingford, who enjoyed the private friends.h.i.+p of his Majesty, set out with this letter to carry it himself to the foot of the throne; while applications were also being made through the proper official channels. Thus was the early part of the night occupied. The latter portion was spent in deep and secret consultation with Mr. Edwards, now the chaplain of the gaol, but formerly the private tutor of Willoughby and Alfred when boys. So thorough was this gentleman's knowledge of our hero's character, and so entire his conviction of his innocence, that he had been from the first resolved, should it become necessary, to use every facility which his sacred and confidential office gave him, to favour an escape. Indeed his feeling was, that he should be an accessary to murder, did he omit any means in his power to save the life of our hero. He had accordingly, before the trial, as a matter of precaution against the worst, made a journey to *****, and without giving his name, and of course without a.s.signing his object, got Mrs. ****, the famous modeller in wax, to make a mask or model of his countenance, so perfect a resemblance, both of him and of life, that there was nothing wanting to make the deception complete, but the play of feature requisite in conversation. The object of the present anxious conference was to mature the plan of how and when, with least fear of detection, our hero should, aided by this disguise, attempt to personate Mr. Edwards, and so pa.s.s out of the gaol, while he, Mr. Edwards, remained in his stead. Nothing could of course have tempted Alfred to contemplate an escape previously to his trial, to which alone he looked for the justification of his aspersed character, while the difficulty--nay, the almost impossibility of escape after condemnation, was awful to contemplate. No friend or relative would now be admitted to the prisoner, except by a special order, and in presence of a turnkey, while the difficulty was increased by the new regulation to prevent suicide, of locking up two other prisoners for minor offences with the person condemned to suffer death; so that they were thus never even for a moment alone. The chaplain, no doubt, had the privilege of conferring with Alfred without witness; on his appearing, therefore, it was a matter of course to remove the other two prisoners. By virtue of the same privilege the chaplain could dismiss the turnkey, not only out of sight, but out of hearing for half an hour, or an hour, at pleasure; and on these circ.u.mstances was every hope founded. It was also customary for Mr. Edwards on quitting prisoners, merely to bolt them in himself, and go away, without waiting the reappearance of the turnkey. This at first sight appears an irregular proceeding, and would seem to offer another facility; it was, however, the duty of the dismissed turnkey to be in waiting at the foot of the stairs, or in some pa.s.sage by the way. Alfred, indeed, in the perfect disguise proposed, might (as Mr. Edwards) pa.s.s him un.o.bstructed, but then it became the man's further duty, on seeing the chaplain go by, to return instantly to the condemned cell, and replace there the two men appointed to remain with the prisoner. It was thus evident that every thing depended either on gaining over this one turnkey, or on his being dilatory in the performance of this last specified duty; for, except the deception was thus quickly discovered, by the immediate return of this man to the cell, and the alarm consequently given before Alfred got clear of the gates, neither any other of the turnkeys, nor the porter, so long as they believed him to be Mr. Edwards, would think of interfering with his pa.s.sing out. These were the facilities. Then again the difficulties were, that nothing could be attempted during daylight, and the lock-up hour varied with the season, so as to be always before dark. During the preparations for the night, too, all persons connected with the prison were peculiarly vigilant, and on the alert. Mr. Edwards would certainly be at liberty to remain with the prisoner some time after dark if he chose; but then, his departure would be so anxiously waited for, and the ident.i.ty of the prisoner so promptly looked to by those whose business it was to make final arrangements for the night, that any attempt to escape at that hour must, to a certainty, be discovered before the prisoner could get clear of the gates.
A morning escape, therefore, before daylight, would be the least impossible, as the governor would not then be up, and probably but one or two of the turnkeys would be stirring; while, even those, with the dangers, as it were, of the night over, and the day before them, would be less fearful, and consequently less vigilant. The difficulty in this case was, that the chaplain's visiting the prisoner at so early an hour on any day _but_ that of the execution, would excite so great suspicion, that it was necessary to put off the attempt until the last morning. To this Lady Arden was strenuously opposed: to her it appeared like wilfully casting away every chance, every hope, but the one--and--should that fail--oh, it was maddening to contemplate the alternative!!!
He did not mean, Mr. Edwards argued, to leave it to the last, if so doing could be avoided; if any prior opportunity of escape could possibly be obtained it should be seized; but a rash or unsuccessful attempt would but close the door against all future hope, and therefore be much worse than none. To arguments such as these, Lady Arden's judgment was compelled to yield, though her feelings were still strongly opposed to the miserable idea of waiting in supineness, and seeing the terrible hour approach--her son, still in the hands of his murderers!
and to think, that should the attempt at last fail when that hour arrived, they would then have a right--to----"A right----oh, no!" she exclaimed, suddenly interrupting herself: then with vehement enthusiasm she proceeded, "No! not were he, in truth, the veriest of criminals--man--weak, short-sighted, mortal man, whose own frail tenure is but a breath of air, and a few drops of blood--what right has he, with impious hands, to take away that mysterious gift of life which Heaven, for his own inscrutable ends, has given?"
And although it was strongly excited feelings on her own individual case which awakened such thoughts in Lady Arden's mind, perhaps she was right;--perhaps, if even the murderer's b.l.o.o.d.y hands were but fettered, and the law itself declared it dared not break into the sacred citadel of life;--that it dared not prematurely dissolve the mystic union betwixt body and soul, formed by heaven, and incomprehensible to mortal ken:--perhaps were there no such thing as legal murder, sanctioning, at least, the act--reconciling the imagination to the fact of a violent death by human hands--the slayer of man would become, in the eyes of his fellow men, so utterly a monster, so thoroughly a fiend, that the crime of murder would disappear from the face of the earth.
Ere, however, such a happy age can arrive, not only must salutary laws bind, or civilization change the secret a.s.sa.s.sin; but rapine, calling itself conquest, must be banished from the world; and the murderer of tens of thousands, to gild a sceptre, or gem a crown, cease to be held on high, with laurel wreaths encircling his brow.
CHAPTER XII.
The next day, which was Sat.u.r.day, Lady Arden, by means of an order from the sheriff, obtained an interview with her son; but it was short and unsatisfactory, and a turnkey was necessarily present.
It was her wish to have remained entirely in the prison, but the permission could not be obtained. Yet her manner was not characterized by the lingering of tenderness; instinct or desperation seemed at this crisis to have awakened in her bosom a fierceness foreign to her habitual nature. Her att.i.tude, her countenance implied the frantic conception, that she could afford personal protection to her son: and, unconsciously directed by the same impulse, she even stood between Alfred and the door of the prison. Shortly, however, she was obliged to depart.
Mr. Edwards's visits were as late, as early, and as frequent as usage would permit. His ingenuity was constantly employed; his vigilance on the ceaseless watch; but the night of Sat.u.r.day wore away, and the morning of Sunday dawned, and no opportunity of making an attempt at escape affording the slightest prospect of success, had offered. During the long, wretched day of suspense and agony nothing could be done.
Another interview, if possible more heart-rending than the last, had been granted to Lady Arden, and evening was again approaching, while no accounts had yet come from Lord Darlingford. At length a letter did arrive by express. It did not say, in so many words, that he had failed in his mission; it even spoke of continued efforts: but it strenuously recommended that the escape should be attempted at all hazards. Such a letter, to the feelings of the parties interested, amounted to a repet.i.tion of the sentence of condemnation.
There was now but the one solitary hope left for every thought to cling around; while it appeared to be reduced in probability to the straw at which the drowning man catches: for what the two preceding nights had offered no opportunity of accomplis.h.i.+ng, there seemed but little chance should be compa.s.sed on this last remaining one. The evening, too, was already gone, and the lock-up completed; nay, the night itself was on the wane; so that now, all seemed to depend on Mr. Edwards's early visit to the prison, the one last hour before dawn, on the thus fast approaching morning of the Monday, the day fixed for the execution.
Some hours after midnight, a desperate storm of thunder, hail and rain came on. And strange it was, that the roaring elements should thus seem, as it were, to sanction the legendary belief, already mentioned, as prevalent among the ignorant persons of the neighbourhood, that all events disastrous to a member of the Arden family were accompanied, or preceded, by terrible tempests. And, however irrational such an idea, many inhabitants of Arden, as they lay in their beds that awful night, and were suddenly awakened by the thunder, ere they slept again, shuddered involuntarily at the thought, that the old superst.i.tion was being at the very moment fulfilled.
The storm continued, and between five and six in the morning was still raging. Rejoicing in the din, the confusion, and the prospect of prolonged darkness it afforded, Mr. Edwards wended his way through its fury towards the gates of the gaol. He entered, and proceeded to the condemned cell. From his coming so early it was supposed that he meant to pray and converse with the prisoner for some hours. In a much shorter time, however, than was expected, the porter saw him, as he supposed, approaching, with a somewhat hasty step, along the pa.s.sage, to take his departure. It was Alfred: but the disguise was perfect; and the porter had no suspicion. A moment more and he must have pa.s.sed safely out--when a sudden cry was heard--"Stop the prisoner! Stop the prisoner!" And the turnkeys, running and breathless, appeared in pursuit.
CHAPTER XIII.
During a night of such awful importance, fear and hope both, as its hours advanced, mounting towards their climax, it will be readily believed that Lady Arden had not attempted to seek repose.
Regardless of the searching wind and driving rain which beat against her face and bosom, the blinding flashes of the lightning, and the thunder's deafening roar, she leaned from the open window of her sleeping-apartment, and though the darkness was still impenetrable, continued to gaze with intense anxiety, now in the direction of the town of Arden, and now in that of the ruined castle; while Mrs. Dorothea, Lady Darlingford, and Madeline stood behind her, trembling with the combined effect of fear and cold, and shrinking from each fresh accession of the storm's fury, against which they were less defended by the panoply of a fevered mind.
If Lady Arden was at all conscious of the raving of the tempest, it was rather calculated to yield her satisfaction than otherwise, for it was highly favourable to the attempt she knew was even then being made for Alfred's escape.
The window at which she now stood, was the same from which, with an almost prophetic melancholy, she had looked on the night of the festival for the coming of age of her sons. "The pitiless pelting of the storm,"
too, was such as it had been on that night--but here the parallel ceases: changed indeed was all beside!