The jury all went out. Then another case was called on, and a fresh jury sworn in for to try it. We sat in the dock. The judge told Starlight he might sit down, and we waited till they came back. I really believe that waiting is the worst part of the whole thing, the bitterest part of the punishment. I"ve seen men when they were being tried for their lives--haven"t I done it, and gone through it myself?--waiting there an hour--two hours, half through the night, not knowing whether they was to be brought in guilty or not. What a h.e.l.l they must have gone through in that time--doubt and dread, hope and fear, wretchedness and despair, over and over and over again. No wonder some of "em can"t stand it, but keeps twitching and shifting and getting paler and turning faint when the jury comes back, and they think they see one thing or the other written in their faces. I"ve seen a strong man drop down like a dead body when the judge opened his mouth to pa.s.s sentence on him. I"ve seen "em faint, too, when the foreman of the jury said "Not guilty." One chap, he was an innocent up-country fellow, in for his first bit of duffing, like we was once, he covered his face with his hands when he found he was let off, and cried like a child. All sorts and kinds of different ways men takes it. I was in court once when the judge asked a man who"d just been found guilty if he"d anything to say why he shouldn"t pa.s.s sentence of death upon him. He"d killed a woman, cut her throat, and a regular right down cruel murder it was (only men "ll kill women and one another, too, for some causes, as long as the world lasts); and he just leaned over the dock rails, as if he"d been going to get three months, and said, cool and quiet, "No, your Honour; not as I know of." He"d made up his mind to it from the first, you see, and that makes all the difference. He knew he hadn"t the ghost of a chance to get out of it, and when his time came he faced it. I remember seeing his worst enemy come into the court, and sit and look at him then just to see how he took it, but he didn"t make the least sign. That man couldn"t have told whether he seen him or not.
Starlight and I wasn"t likely to break down--not much--whatever the jury did or the judge said. All the same, after an hour had pa.s.sed, and we still waiting there, it began to be a sickening kind of feeling. The day had been all taken up with the evidence and the rest of the trial; all long, dragging hours of a hot summer"s day. The sun had been blazing away all day on the iron roof of the courthouse and the red dust of the streets, that lay inches deep for a mile all round the town. The flies buzzed all over the courthouse, and round and round, while the lawyers talked and wrangled with each other; and still the trial went on.
Witness after witness was called, and cross-examined and bullied, and confused and contradicted till he was afraid to say what he knew or what he didn"t know. I began to think it must be some kind of performance that would go on for ever and never stop, and the day and it never could end.
At last the sun came shining level with the lower window, and we knew it was getting late. After a while the twilight began to get dimmer and grayer. There isn"t much out there when the sun goes down. Then the judge ordered the lamps to be lighted.
Just at that time the bailiff came forward.
"Your Honour, the jury has agreed." I felt my teeth shut hard; but I made no move or sign. I looked over at Starlight. He yawned. He did, as I"m alive.
"I wish to heaven they"d make more haste," he said quietly; "his Honour and we are both being done out of our dinners."
I said nothing. I was looking at the foreman"s face. I thought I knew the word he was going to say, and that word was "Guilty." Sure enough I didn"t hear anything more for a bit. I don"t mind owning that. Most men feel that way the first time. There was a sound like rushing waters in my ears, and the courthouse and the people all swam before my eyes.
The first I heard was Starlight"s voice again, just as cool and leisurely as ever. I never heard any difference in it, and I"ve known him speak in a lot of different situations. If you shut your eyes you couldn"t tell from the tone of his voice whether he was fighting for his life or asking you to hand him the salt. When he said the hardest and fiercest thing--and he could be hard and fierce--he didn"t raise his voice; he only seemed to speak more distinct like. His eyes were worse than his voice at such times. There weren"t many men that liked to look back at him, much less say anything.
Now he said, "That means five years of Berrima, d.i.c.k, if not seven. It"s cooler than these infernal logs, that"s one comfort."
I said nothing. I couldn"t joke. My throat was dry, and I felt hot and cold by turns. I thought of the old hut by the creek, and could see mother sitting rocking herself, and crying out loud, and Aileen with a set dull look on her face as if she"d never speak or smile again. I thought of the days, months, years that were to pa.s.s under lock and key, with irons and shame and solitude all for company. I wondered if the place where they shut up mad people was like a gaol, and why we were not sent there instead.
I heard part of what the judge said, but not all--bits here and there.
The jury had brought in a most righteous verdict; just what he should have expected from the effect of the evidence upon an intelligent, well-principled Nomah jury. (We heard afterwards that they were six to six, and then agreed to toss up how the verdict was to go.) "The crime of cattle and horse stealing had a.s.sumed gigantic proportions. Sheep, as yet, appeared to be safe; but then there were not very many within a few hundred miles of Nomah. It appeared to him that the prisoner known as Starlight, though from old police records his real name appeared to be----"
Here he drew himself up and faced the judge in defiance. Then like lightning he seemed to change, and said--
"Your Honour, I submit that it can answer no good purpose to disclose my alleged name. There are others--I do not speak for myself."
The judge stopped a bit; then hesitated. Starlight bowed. "I do not--a--know whether there is any necessity to make public a name which many years since was not better known than honoured. I say the--a--prisoner known as Starlight has, from the evidence, taken the princ.i.p.al part in this nefarious transaction. It is not the first offence, as I observe from a paper I hold in my hand. The younger prisoner, Marston, has very properly been found guilty of criminal complicity with the same offence. It may be that he has been concerned in other offences against the law, but of that we have no proof before this court. He has not been previously convicted. I do not offer advice to the elder criminal; his own heart and conscience, the promptings of which I a.s.sume to be dulled, not obliterated, I feel convinced, have said more to him in the way of warning, condemnation, and remorse than could the most impressive rebuke, the most solemn exhortation from a judicial bench. But to the younger man, to him whose vigorous frame has but lately attained the full development of early manhood, I feel compelled to appeal with all the weight which age and experience may lend. I adjure him to accept the warning which the sentence I am about to pa.s.s will convey to him, to endure his confinement with submission and repentance, and to lead during his remaining years, which may be long and comparatively peaceful, the free and necessarily happy life of an honest man. The prisoner Starlight is sentenced to seven years"
imprisonment; the prisoner Richard Marston to five years" imprisonment; both in Berrima Gaol."
I heard the door of the dock unclose with a snap. We were taken out; I hardly knew how. I walked like a man in his sleep. "Five years, Berrima Gaol! Berrima Gaol!" kept ringing in my ears.
The day was done, the stars were out, as we moved across from the courthouse to the lock-up. The air was fresh and cool. The sun had gone down; so had the sun of our lives, never to rise again.
Morning came. Why did it ever come again? I thought. What did we want but night?--black as our hearts--dark as our fate--dismal as the death which likely would come quick as a living tomb, and the sooner the better. Mind you, I only felt this way the first time. All men do, I suppose, that haven"t been born in gaols and workhouses. Afterwards they take a more everyday view of things.
"You"re young and soft, d.i.c.k," Starlight said to me as we were rumbling along in the coach next day, with hand and leg-irons on, and a trooper opposite to us. "Why don"t I feel like it? My good fellow, I have felt it all before. But if you sear your flesh or your horse"s with a red-hot iron you"ll find the flesh hard and callous ever after. My heart was seared once--ay, twice--and deeply, too. I have no heart now, or if I ever feel at all it"s for a horse. I wonder how old Rainbow gets on."
"You were sorry father let us come in the first time," I said. "How do you account for that, if you"ve no heart?"
"Really! Well, listen, Richard. Did I? If you guillotine a man--cut off his head, as they do in France, with an axe that falls like the monkey of a pile-driver--the limbs quiver and stretch, and move almost naturally for a good while afterwards. I"ve seen the performance more than once. So I suppose the internal arrangements immediately surrounding my heart must have performed some kind of instinctive motion in your case and Jim"s. By the way, where the deuce has Jim been all this time? Clever James!"
"Better ask Evans here if the police knows. It is not for want of trying if they don"t."
"By the Lord Harry, no!" said the trooper, a young man who saw no reason not to be sociable. "It"s the most surprisin" thing out where he"s got to. They"ve been all round him, reg"lar cordon-like, and he must have disappeared into the earth or gone up in a balloon to get away."
Chapter 19
It took us a week"s travelling or more to get to Berrima. Sometimes we were all night in the coach as well as all day. There were other pa.s.sengers in the coach with us. Two or three bushmen, a station overseer with his wife and daughter, a Chinaman, and a lunatic that had come from Nomah, too. I think it"s rough on the public to pack madmen and convicts in irons in the same coach with them. But it saves the Government a good deal of money, and the people don"t seem to care. They stand it, anyhow.
We would have made a bolt of it if we"d had a chance, but we never had, night nor day, not half a one. The police were civil, but they never left us, and slept by us at night. That is, one watched while the other slept. We began to sleep soundly ourselves and to have a better appet.i.te. Going through the fresh air had something to do with it, I daresay. And then there was no anxiety. We had played for a big stake and lost. Now we had to pay and make the best of it. It was the tenth day (there were no railways then to shorten the journey) when we drove up to the big gate and looked at the high walls and dark, heavy lines of Berrima Gaol, the largest, the most severe, the most dreaded of all the prisons in New South Wales. It had leaked out the day before, somehow, that the famous Starlight and the other prisoner in the great Momberah cattle robbery were to be brought in this particular day. There was a fair-sized crowd gathered as we were helped down from the coach. At the side of the crowd was a small mob of blacks with their dogs, spears, "possum rugs and all complete. They and their gins and pickaninnies appeared to take great notice of the whole thing. One tallish gin, darker than the others, and with her hair tucked under an old bonnet, wrapped her "possum cloak closely round her shoulders and pushed up close to us. She looked hard at Starlight, who appeared not to see her.
As she drew back some one staggered against her; an angry scowl pa.s.sed over her face, so savage and bitter that I felt quite astonished. I should have been astonished, I mean, if I had not been able, by that very change, to know again the restless eyes and grim set mouth of Warrigal.
It was only a look, and he was gone. The lock creaked, the great iron door swung back, and we were swallowed up in a tomb--a stone vault where men are none the less buried because they have separate cells. They do not live, though they appear to be alive; they move, and sometimes speak, and appear to hear words. Some have to be sent away and buried outside. They have been dead a long time, but have not seemed to want putting in the ground. That makes no change in them--not much, I mean.
If they sleep it"s all right; if they don"t sleep anything must be happiness after the life they have escaped. "Happy are the dead" is written on all prison walls.
What I suffered in that first time no tongue can tell. I can"t bear now to think of it and put it down. The solitary part of it was enough to drive any man mad that had been used to a free life. Day after day, night after night, the same and the same and the same over again.
Then the dark cells. I got into them for a bit. I wasn"t always as cool as I might be--more times that mad with myself that I could have smashed my own skull against the wall, let alone any one else"s. There was one of the warders I took a dislike to from the first, and he to me, I don"t doubt. I thought he was rough and surly. He thought I wanted to have my own way, and he made it up to take it out of me, and run me every way he could. We had a goodish spell of fighting over it, but he gave in at last. Not but what I"d had a lot to bear, and took a deal of punishment before he jacked up. I needn"t have had it. It was all my own obstinacy and a sort of dogged feeling that made me feel I couldn"t give in. I believe it done me good, though. I do really think I should have gone mad else, thinking of the dreadful long months and years that lay before me without a chance of getting out.
Sometimes I"d take a low fit and refuse my food, and very near give up living altogether. The least bit more, and I"d have died outright. One day there was a party of ladies and gentlemen came to be shown over the gaol. There was a lot of us pa.s.sing into the exercise yard. I happened to look up for a minute, and saw one of the ladies looking steadily at us, and oh! what a pitying look there was in her face. In a moment I saw it was Miss Falkland, and, by the change that came into her face, that she knew me again, altered as I was. I wondered how she could have known me. I was a different-looking chap from when she had seen me last. With a beastly yellow-gray suit of prison clothes, his face sc.r.a.ped smooth every day, like a fresh-killed pig, and the look of a free man gone out of his face for ever--how any woman, gentle or simple, ever can know a man in gaol beats me. Whether or no, she knew me. I suppose she saw the likeness to Jim, and she told him, true enough, she"d never forget him nor what he"d done for her.
I just looked at her, and turned my head away. I felt as if I"d make a fool of myself if I didn"t. All the depth down that I"d fallen since I was shearing there at Boree rushed into my mind at once. I nearly fell down, I know. I was pretty weak and low then; I"d only just come out of the doctor"s hands.
I was pa.s.sing along with the rest of the mob. I heard her voice quite clear and firm, but soft and sweet, too. How sweet it sounded to me then!
"I wish to speak a few words to the third prisoner in the line--the tall one. Can I do so, Captain Wharton?"
"Oh! certainly, Miss Falkland," said the old gentleman, who had brought them all in to look at the wonderful neat garden, and the baths, and the hospital, and the unnatural washed-up, swept-up barracks that make the cleanest gaol feel worse than the roughest hut. He was the visiting magistrate, and took a deal of interest in the place, and believed he knew all the prisoners like a book. "Oh! certainly, my dear young lady.
Is Richard Marston an acquaintance of yours?"
"He and his brother worked for my father at Boree," she said, quite stately. "His brother saved my life."
I was called back by the warder. Miss Falkland stepped out before them all, and shook hands with me. Yes, SHE SHOOK HANDS WITH ME, and the tears came into her eyes as she did so.
If anything could have given a man"s heart a turn the right way that would have done it. I felt again as if some one cared for me in the world, as if I had a soul worth saving. And people may talk as they like, but when a man has the notion that everybody has given him up as a bad job, and has dropped troubling themselves about him, he gets worse and worse, and meets the devil half-way.
She said--
"Richard Marston, I cannot tell how grieved I am to see you here. Both papa and I were so sorry to hear all about those Momberah cattle."
I stammered out something or other, I hardly knew what.
She looked at me again with her great beautiful eyes like a wondering child.
"Is your brother here too?"
"No, Miss Falkland," I said. "They"ve never caught Jim yet, and, what"s more, I don"t think they will. He jumped on a bare-backed horse without saddle or bridle, and got clear."
She looked as if she was going to smile, but she didn"t. I saw her eyes sparkle, though, and she said softly--
"Poor Jim! so he got away; I am glad of that. What a wonderful rider he was! But I suppose he will be caught some day. Oh, I do so wish I could say anything that would make you repent of what you have done, and try and do better by and by. Papa says you have a long life before you most likely, and might do so much with it yet. You will try, for my sake; won"t you now?"