she asked excitedly.
"I told him nothing," I answered.
"You think you didn"t, dearest," she answered; "but it"s not in your nature to keep a secret. "Tis because you"re a fine gentleman, with never a thought in your life that needs hiding; but it"s bad in law!
Stay away from Hugh Pitcairn, dearest. Stay away from him!"
"Nancy," said I, and my flattered vanity softened my tone, "I don"t understand your conduct at all; for, as far as I can see, you seem to have done all ye could to get Danvers Carmichael hanged----"
"Seemed, Jock," she said, "only seemed! Ye might trust me a bit more----"
"And you"re called for the prosecution----"
"Naturally," she returned, unmoved.
And here I just stared at her for a minute, and turned with a bit of temper showing in my conduct and left the room.
The same evening I was further blindfolded by a visit from Mr.
Magendie, the London lawyer, who by Nancy"s thought (although I did not recognize her suggestion in the matter at the time, so deftly was it made) had been brought up to Edinburgh for Danvers"s defense. I found this renowned gentleman of a slight, wiry build, below the medium height, with a distinguished head, covered with thick silver hair, hawk eyes, and a nose which turned downward like a beak. There was a Sabbath calm in his manner; his voice was gentle and suave, and his most pertinent statements came as mere suggestions. He had, I noticed, the very rare quality of fixing his whole attention on the one to whom he listened, and of putting his own personality somewhere aside as he held up the speaker to the strong light of a mind trained for inspection. I found after the interview that I had told him almost everything that I had said, done, or imagined since my birth, and at remembrance of it, recalled Nancy"s inquiries concerning my talk with Hugh, and prayed Heaven I had not been equally indiscreet before that block of steel.
It was as the London man was leaving the house that the blindfolding of me was begun anew by Huey MacGrath entering with a note, saying that Nancy would like to have Mr. Magendie come to her sitting-room on the second floor. I paced up and down the lower hall, perplexed in mind and sick with dread of the horror hanging over us, yet with something in my heart which told me that, in spite of Hugh"s statements, Nancy Stair was with us--with Sandy, and Danvers, and myself.
Near one o"clock of the morning I heard Nancy"s voice, at the turn of the stair, saying good night to the London man.
"People think he"s ice," she cried, and I knew it was Pitcairn of whom she spoke; "but try a bit of flattery with him. Not on his looks, for he cares less for them than for the wind that blows, but on his abilities. Tell him that all knowledge of the Scots law will end at his death, and that you"re flattered to be on the same case with him; tell him that Moses but antic.i.p.ated him in the Ten Commandments, and that, before the time of Leviticus, he was. He will rest calm under it. He will show naught; but in his soul he will agree with you, and think that a man who has such penetration concerning himself must have a judgment worth consideration about others."
I heard Magendie laugh aloud, and when I joined him saw that his eyes had brightened during the interview, as though he had been drinking, and that he carried himself with some excitement.
"It will be a great case, my lord! a great case!" he said, with enthusiasm. "And it"s a fine daughter ye have! A great woman! G.o.d!" he cried, seizing my hand, "if she"d go on the case with me, I"d undertake the defense of Judas!--and I"d get a verdict, too!" he added, with a laugh, as he went out into the night.
On the morning set for the trial, to add to our distressed state of mind, a tempest arose. There was rain driven into the town from the hills, and rain driven into the town from the sea, and banks of leaden clouds were blown back and forth over the trees, which were bent double by the Bedlamite wind. The grounds of Stair lay like a pond, the road ran like a river, and the broken bits of trees hurled everywhere made going abroad a dangerous business. As I entered the breakfast-room Huey threw a look at my attire.
"You"ll not be thinking of going out?" he demanded, rather than asked.
"I"m thinking of nothing else," said I.
"Ye"ll get killt," he cried, and at the words my eyes lighted with some amazement upon his own odd costume, for he was prepared to serve my breakfast in corduroys and thigh-boots.
"Why are you dressed like that?" I inquired.
"You wouldn"t be wanting me to stay at home when there"s trouble to Mr.
Danvers, would you?" he demanded fiercely. "I, who have known him since he was a week old, and have had favors from him thousands of times! And now," he went on as though I had done him some personal injury, "when there"s sorrow by him, ye"d have me keeping the chimney-lug, wi" a gla.s.s and a story-book, mayhap, and him needing friends as he sits wi"
that deevil Pitcairn glowerin" at him. Nay! Nay!" he continued, "Huey MacGrath"s not like that! I"ll be there!" he cried, his conceit and loyalty carrying a singular comfort to me. "I"ll be there, early and late, and they"ll see they have me to contend wi"!"
"Ye can"t stay in the court. You"ll be sequestered until after you"ve testified. Ye know the law for that, Huey."
"They"ll sequester me none"; he returned, grimly; "and if Dunsappie the macer tries it I"ll have him read out of the church, for I know of him that which makes me able to do it!"
"There"s Mr. Pitcairn, who knows ye well," said I.
"I"m not counting to see him," he returned with a squinting of his eye.
"I"ll stay where he is nae looking; but I"ll get a glyff of the laddie himsel", and he"ll know I"m there, and will feel better for it, though I"m only an old serving man!"
"I"m sure he will, Huey," I said, touched to the heart; "I"m sure he will; and I"ll tell him of your coming if he misses a sight of you," I added, as I saw the poor fellow"s face working with sorrow and anxiety; but his spirit and loyalty undaunted by all the courts of judiciary that ever sat.
We were preparing to be off together when Nancy came down to us, pale and heavy-eyed.
"Jock," said she, "if Mr. Magendie had the word he hoped for from Father Michel, it would be wise for him to have as many Romanists in the jury as he can get. They have reason to know the priest"s goodness." And then: "Jock, darling!" she cried, throwing her arms around my neck and weeping as though her heart would break, "there"s a trial coming between us; and ye"ll see me misjudged by the world, and by Sandy as well, who has been like an own father to me! And by him!--him, too! You"ll all be ashamed of me; but when I"m called, mayhap to-morrow or the next day," and the little hands fastened themselves around my bare throat, "don"t distrust me. Beloved, don"t distrust me! Don"t believe I"m bad, or wanting in loyalty to the dear ones of my life. Don"t believe it, though ye hear me say it myself. I can abide all that"s come to me, but to have something between us!" and she buried her face in my bosom, moaning like a hurt child.
"Nancy," said I, for the sight of any suffering of hers made me like a crazy man, "you"ve held yourself aloof from me, and have given out by your conduct that your sympathies are all for the prosecution; but in spite of it, if an angel from Heaven were to call you guilty of disloyalty to a friend I"d give him the lie, though I were d.a.m.ned for it!" I cried.
"Mine Jock," she said, "mine Jock!" and, comforted by the very violence of my language, she stood quietly by the window watching Huey as he waded through the river of water underneath which the road toward Edinburgh lay.
Sandy had remained in town over night to be with his boy at the earliest possible moment, and we sought him at the coffee-house where he had slept. He had his friends with him, but there were none to whom he paid attention save to me, holding my hand in his, and breathing deep in a kind of relief as I stood by him.
I asked him how Danvers bore himself, and he answered, with a courage and fort.i.tude beyond belief, and that Magendie gave him comforting a.s.surances. Of Nancy no word was spoken between us, for the hurt he had received from her conduct put an edge upon his suffering keener than he could bring himself to name, and there came upon me, at the sight of this pain, the impulse to tell him my own suspicions in the matter, but caution for the cause held me back.
Fierce as the morning was, the court-room was packed when we entered. I had asked and received permission to sit beside Sandy until such time as the empaneling should begin; and as we took our seats in that dread place I had a taste of the terror of the law which daunts my spirit to this day. It"s one thing to read of murders by one"s fireside, speculating over the evidence like a tale, and another to sit face to face with the charges and the life of one most dear dependent on the issue. And such was the awe inspired by the dreadful surroundings that when Carew, the Lord-President, in the wig and scarlet robes of criminal jurisdiction, preceded by the macers, took the bench, my body shook as though in mortal illness, from fear of the august power he represented, and this despite the fact that I"d drunken deeper than was wise with him many times in my early days and knew him to be sodden in his affection for Nancy from the time she had taken the case out of his hands for Jeanie Henderlin. When Danvers, who was by far the most composed of any of us, was brought in, I arose, laying my hand on his shoulder as we talked, determined that the whole town should know where my beliefs and sympathies lay.
There was little difficulty in getting the fifteen jurymen, and, as I was taken away to be sequestered, a thing happened which I tell for the love I have of human nature. There was a commotion at the door of the court-room, and I heard the macer"s tones threatening some one, and then a clear voice crying:
"If you don"t let me in I"ll break every bone in your body," and Billy Deuceace, hard-ridden and disheveled, elbowed his way to the railing itself and held out both hands to Danvers.
"Couldn"t get here any sooner, old man," he cried. "Have ridden all night! Just came up to say it"s all d.a.m.ned nonsense, you know!" he finished, and I felt that a happier beginning could scarce have occurred for us.
I was not in the court-room when the case opened, and by this reason am forced for information to the papers recording the case, which forms one of the _causes celebres_ of Scottish legal history. Even at this distance of time, at sight of these old files I feel again the helplessness and miserable sinking of heart which I felt the first time I read the indictment of Pitcairn against the boy whom I loved, no matter what he had done; and I write it again, no matter what he had done.
"The trial of Danvers Carmichael for the murder of John Stewart Aglionby Montrose, Duke of Borthwicke, Ardvilarchan, and Drumblaine in the Muirs, Lord of, etc., before the Lord-President Carew, beginning Tuesday, March tenth, 1788.
_Counsel for the Crown_
Mr. Pitcairn Mr. Inge
_Solicitor_
Mr. Caldicott
_For the Prisoner_
Mr. Magendie Mr. Elliott
_Solicitor_
Mr. Witmer
taken in shorthand by John Gurney of London.
"After addressing the bench, the case was opened for the prosecution by Mr. Pitcairn, as follows: