Mary Barton (53 page)

"She'll keep! I'll not trouble myself about her," said he to himself, as he wrote with trembling hands a little note of information to Mr. Bridgnorth, who had conjectured, when Will had first disturbed the awful tranquillity of the life-and-death court, that the witness had arrived (better late than never) on whose evidence rested all the slight chance yet remaining to Jem Wilson of escaping death. During the commotion in the court, among all the cries and commands, the dismay and the directions, consequent upon Will's entrance, and poor Mary's fearful attack of illness, Mr. Bridgnorth had kept his lawyer-like presence of mind; and long before Job Legh's almost illegible note was poked at him, he had recapitulated the facts on which Will had to give evidence, and the manner in which he had been pursued, after his ship had taken her leave of the land.

The barrister who defended Jem took new heart when he was put in possession of these striking points to be adduced, not so much out of earnestness to save the prisoner, of whose innocence he was still doubtful, as because he saw the opportunities for the display of forensic eloquence which were presented by the facts; "a gallant tar brought back from the pathless ocean by a girl's noble daring," "the dangers of too hastily judging from circumstantial evidence," etc. etc.; while the counsellor for the prosecution prepared himself by folding his arms, elevating his eyebrows, and putting his lips in the form in which they might best whistle down the wind such evidence as might be produced by a suborned witness, who dared to perjure himself. For, of course, it is etiquette to suppose that such evidence as may be given against the opinion which lawyers are paid to uphold, is anything but based on truth; and "perjury," "conspiracy," and "peril of your immortal soul," are light expressions to throw at the heads of those who may prove (not the speaker, there would then be some excuse for the hasty words of personal anger, but) the hirer of the speaker to be wrong, or mistaken.

But when once Will had attained his end, and felt that his tale, or part of a tale, would be heard by judge and jury; when once he saw Jem standing safe and well before him (even though he saw him pale and careworn at the felons' bar), his courage took the shape of presence of mind, and he awaited the examination with a calm, unflinching intelligence, which dictated the clearest and most pertinent answers. He told the story you know so well: how his leave of absence being nearly expired, he had resolved to fulfil his promise, and go to see an uncle residing in the Isle of Man; how his money (sailor-like) was all expended in Manchester, and how, consequently, it had been necessary for him to walk to Liverpool, which he had accordingly done on the very night of the murder, accompanied as far as Hollins Green by his friend and cousin, the prisoner at the bar. He was clear and distinct in every corroborative circumstance, and gave a short account of the singular way in which he had been recalled from his outward-bound voyage, and the terrible anxiety he had felt, as the pilot-boat had struggled home against the wind. The jury felt that their opinion (so nearly decided half-an-hour ago) was shaken and disturbed in a very uncomfortable and perplexing way, and were almost grateful to the counsel for the prosecution, when he got up, with a brow of thunder, to demolish the evidence, which was so bewildering when taken in connection with everything previously adduced. But if such, without looking to the consequences, was the first impulsive feeling of some among the jury, how shall I describe the vehemence of passion which possessed the mind of poor Mr. Carson, as he saw the effect of the young sailor's statement? It never shook his belief in Jem's guilt in the least, that attempt at an alibi; his hatred, his longing for vengeance, having once defined an object to itself, could no more bear to be frustrated and disappointed than the beast of prey can submit to have his victim taken from his hungry jaws. No more likeness to the calm stern power of Jupiter was there in that white eager face, almost distorted by its fell anxiety of expression.

The counsel to whom etiquette assigned the cross-examination of Will, caught the look on Mr. Carson's face, and in his desire to further the intense wish there manifested, he over-shot his mark even in his first insulting question—

"And now, my man, you've told the court a very good and very convincing story; no reasonable man ought to doubt the unstained innocence of your relation at the bar. Still there is one circumstance you have forgotten to name; and I feel that without it your evidence is rather incomplete. Will you have the kindness to inform the gentlemen of the jury what has been your charge for repeating this very plausible story? How much good coin of Her Majesty's realm have you received, or are you to receive, for walking up from the docks, or some less credible place, and uttering the tale you have just now repeated,—very much to the credit of your instructor, I must say? Remember, sir, you are upon oath."

It took Will a minute to extract the meaning from the garb of unaccustomed words in which it was invested, and during this time he looked a little confused. But the instant the truth flashed upon him he fixed his bright clear eyes, flaming with indignation, upon the counsellor, whose look fell at last before that stern unflinching gaze. Then, and not till then, Will made answer—

"Will you tell the judge and jury how much money you've been paid for your impudence towards one who has told God's blessed truth, and who would scorn to tell a lie, or blackguard any one, for the biggest fee as ever lawyer got for doing dirty work? Will you tell, sir?—But I'm ready, my lord judge, to take my oath as many times as your lordship or the jury would like, to testify to things having happened just as I said. There's O'Brien, the pilot, in court now. Would somebody with a wig on please to ask him how much he can say for me?"

It was a good idea, and caught at by the counsel for the defence. O'Brien gave just such testimony as was required to clear Will from all suspicion. He had witnessed the pursuit, he had heard the conversation which took place between the boat and the ship; he had given Will a homeward passage in his boat. And the character of an accredited pilot, appointed by the Trinity House, was known to be above suspicion.

Mr. Carson sank back on his seat in sickening despair. He knew enough of courts to be aware of the extreme unwillingness of juries to convict, even where the evidence is most clear, when the penalty of such conviction is death. At the period of the trial most condemnatory to the prisoner, he had repeated this fact to himself, in order to damp his too certain expectation for a conviction. Now it needed not repetition, for it forced itself upon his consciousness, and he seemed to KNOW, even before the jury retired to consult, that by some trick, some negligence, some miserable hocus-pocus, the murderer of his child, his darling, his Absalom, who had never rebelled—the slayer of his unburied boy would slip through the fangs of justice, and walk free and unscathed over that earth where his son would never more be seen.

It was even so. The prisoner hid his face once more to shield the expression of an emotion he could not control, from the notice of the over-curious; Job Legh ceased his eager talking to Mr. Bridgnorth; Charley looked grave and earnest; for the jury filed one by one back into their box, and the question was asked to which such an awful answer might be given.

The verdict they had come to was unsatisfactory to themselves at last; neither being convinced of his innocence, nor yet quite willing to believe him guilty in the teeth of the alibi. But the punishment that awaited him, if guilty, was so terrible, and so unnatural a sentence for man to pronounce on man, that the knowledge of it had weighed down the scale on the side of innocence, and "Not Guilty" was the verdict that thrilled through the breathless court.

One moment of silence, and then the murmurs rose, as the verdict was discussed by all with lowered voice. Jem stood motionless, his head bowed; poor fellow, he was stunned with the rapid career of events during the last few hours.

He had assumed his place at the bar with little or no expectation of an acquittal; and with scarcely any desire for life, in the complication of occurrences tending to strengthen the idea of Mary's more than indifference to him; she had loved another, and in her mind Jem believed that he himself must be regarded as the murderer of him she loved. And suddenly, athwart this gloom which made life seem such a blank expanse of desolation, there flashed the exquisite delight of hearing Mary's avowal of love, making the future all glorious, if a future in this world he might hope to have. He could not dwell on anything but her words, telling of her passionate love; all else was indistinct, nor could he strive to make it otherwise. She loved him.

And life, now full of tender images, suddenly bright with all exquisite promises, hung on a breath, the slenderest gossamer chance. He tried to think that the knowledge of her love would soothe him even in his dying hours; but the phantoms of what life with her might be would obtrude, and made him almost gasp and reel under the uncertainty he was enduring. Will's appearance had only added to the intensity of this suspense.

The full meaning of the verdict could not at once penetrate his brain. He stood dizzy and motionless. Some one pulled his coat. He turned, and saw Job Legh, the tears stealing down his brown furrowed cheeks, while he tried in vain to command voice enough to speak. He kept shaking Jem by the hand, as the best and necessary expression of his feeling.

"Here, make yourself scarce! I should think you'd be glad to get out of that!" exclaimed the gaoler, as he brought up another livid prisoner, from out whose eyes came the anxiety which he would not allow any other feature to display.

Job Legh pressed out of court, and Jem followed unreasoningly.

The crowd made way, and kept their garments tight about them, as Jem passed, for about him there still hung the taint of the murderer.

He was in the open air, and free once more! Although many looked on him with suspicion, faithful friends closed round him; his arm was unresistingly pumped up and down by his cousin and Job; when one was tired, the other took up the wholesome exercise, while Ben Sturgis was working off his interest in the scene by scolding Charley for walking on his head round and round Mary's sweetheart, for a sweetheart he was now satisfactorily ascertained to be, in spite of her assertion to the contrary. And all this time Jem himself felt bewildered and dazzled; he would have given anything for an hour's uninterrupted thought on the occurrences of the past week, and the new visions raised up during the morning; ay, even though that tranquil hour were to be passed in the hermitage of his quiet prison cell. The first question sobbed out by his choking voice, oppressed with emotion, was—

"Where is she?"

They led him to the room where his mother sat. They had told her of her son's acquittal, and now she was laughing, and crying, and talking, and giving way to all those feelings which she had restrained with such effort during the last few days. They brought her son to her, and she threw herself upon his neck, weeping there. He returned her embrace, but looked around, beyond. Excepting his mother, there was no one in the room but the friends who had entered with him.

"Eh, lad!" she said, when she found voice to speak. "See what it is to have behaved thysel! I could put in a good word for thee, and the jury could na go and hang thee in the face of th' character I gave thee. Was na it a good thing they did na keep me from Liverpool? But I would come; I knew I could do thee good, bless thee, my lad. But thou'rt very white, and all of a tremble."

He kissed her again and again, but looking round as if searching for some one he could not find, the first words he uttered were still—

"Where is she?"

"Fear no more the heat o' th' sun,

Nor the furious winter's rages;

Thou thy wordly task hast done,

Home art gone and ta'en thy wages.

—Cymbeline.

"While day and night can bring delight, Or nature aught of pleasure give; While joys above my mind can move, For thee, and thee alone I live:

"When that grim foe of joy below Comes in between to make us part, The iron hand that breaks our band, It breaks my bliss—it breaks my heart." —BURNS.

She was where no words of peace, no soothing hopeful tidings could reach her; in the ghastly spectral world of delirium. Hour after hour, day after day, she started up with passionate cries on her father to save Jem; or rose wildly, imploring the winds and waves, the pitiless winds and waves, to have mercy; and over and over again she exhausted her feverish fitful strength in these agonised entreaties, and fell back powerless, uttering only the wailing moans of despair. They told her Jem was safe, they brought him before her eyes; but sight and hearing were no longer channels of information to that poor distracted brain, nor could human voice penetrate to her understanding.

Jem alone gathered the full meaning of some of her strange sentences, and perceived that, by some means or other, she, like himself, had divined the truth of her father being the murderer.

Long ago (reckoning time by events and thoughts, and not by clock or dial-plate), Jem had felt certain that Mary's father was Harry Carson's murderer; and although the motive was in some measure a mystery, yet a whole train of circumstances (the principal of which was that John Barton had borrowed the fatal gun only two days before) had left no doubt in Jem's mind. Sometimes he thought that John had discovered, and thus bloodily resented, the attentions which Mr. Carson had paid to his daughter; at others, he believed the motive to exist in the bitter feuds between the masters and their work-people, in which Barton was known to take so keen an interest. But if he had felt himself pledged to preserve this secret, even when his own life was the probable penalty, and he believed he should fall execrated by Mary as the guilty destroyer of her lover, how much more was he bound now to labour to prevent any word of hers from inculpating her father, now that she was his own; now that she had braved so much to rescue him; and now that her poor brain had lost all guiding and controlling power over her words.