"It wad be a bit wedding offering to our laird, wha hae always favored his ain folks wi" his custom. It waur a Russia leather traveling dressing-bag for his lairdship, the whilk the master had ta"en unco guid care suld be as brawa bag as ony to be boughten in Lunnen town itsel", whilk mysel" was commissioned, and proud I waur, to tak", wi" my master"s duty, to his lairdship."
"Doubtless. Now tell the jury at what hour you took this wedding offering to Lord Arondelle."
"Aweel, it wad be about half-past nine o"clock. I went wi" the dressing-case to the Arondelle Arms, where his lairdship and his lairdship"s feyther, the auld duk" were biding. The hostler telt me that his lairdship had gane for a walk o"er the brig to Castle Lone. Sae I were fain to wait there for him."
"How long did you wait?"
"Na lang. I was na mair than five minutes before I saw his lairdship coming o"er the brig toward the house. And sune his lairdship came into the inn, and I made my bow, and offered his lairdship the wedding-gift, wi" my maister"s respectful guid wishes. His lairdship smiled pleasantly, and tauld me to fetch it after him up to his chamber. I followed my laird up-stairs to his ain room, where his lairdship"s valet, Mr. Kerr, was waiting on him. His lairdship wrote a braw note of acknowledgements to my maister, and gie it me to take away. My laird also gie me a half-sovereign, for mysel". I dinna tak" the note just then to my maister. I saw by the clock on the mantel that it only lacked a quarter to ten o"clock, sae I e"en made my duty to his lairdship and run down stairs, ran a" the way o"er to Castle Lone, for I war fain to see the decorations. I got to Malcolm"s Tower just in time to hear the auld clock in the turret strike eleven, and to see the mon and the woman meet thegither in the shadows."
"Are you sure that you could not identify that man or woman?"
"Anan?"
"Would you know either of them again?" inquired Mr. Guthrie, changing the manner of his question.
"Na! I tauld ye sae before. They were half hidden i" the bushes."
"You say it was a quarter to ten when you left Lord Arondelle in his room at the inn?"
"Ay, war it."
"And that it was eleven o"clock when you witnessed the meeting between the man and the woman at Castle Lone!"
"Ay, war it. And I had to run a" the way to do it in that time. It waur guid rinning."
"You left his lordship"s valet with him, do you say?"
"Ay, I did. And the head waiter o" the Arondelle Arms, too, wha was just gaeing in wi" his lairdship"s supper."
"That will do. You may now stand down," said Mr. Guthrie.
The shock-headed apprentice, who had done such good service to his Grace the Duke of Hereward, and such damage to the false witness against him, now left the stand and made his way through the crowd to his distant seat.
Mr. Guthrie once more got upon his feet to address the Bench, and said:
"May it please the Court, I move that the testimony of the Crown"s witness, Rose Cameron, alias Rose Scott, be set aside as totally unreliable; and, further, that she be indicted for perjury."
Upon this motion of Mr. Guthrie there followed some discussion among the lawyers.
Finally it was decided to put the duke"s valet, the hotel waiter, and other witnesses, on the stand, who would be able to corroborate or rebut the evidence given by the lad Ferguson, and thereby break down or establish the testimony offered by Rose Cameron.
James Kerr was, therefore, called to the witness-stand, sworn and examined.
He said that he had been in the service of the duke"s family ever since he was nine years of age, first as page to the late d.u.c.h.ess, but for the last three years as valet to the present duke; that he was with his master at the "Arondelle Arms" on the night of the murder; that the duke, who was then the Marquis of Arondelle, left the inn at half-past eight o"clock, to walk over the bridge to Castle Lone; that he returned at half-past nine, accompanied to his room by the boy Ferguson, who brought a handsome Russia leather travelling-case; that the marquis sat down to his writing-table, wrote a note and gave it to the boy, who immediately left the house.
"At what hour was this?" inquired Mr. Guthrie.
"It was a few minutes before ten. The clock struck very soon after the boy left. I remember it well, because his lordship"s supper had been ordered for ten, and the waiter just entered to lay the cloth when the lad left, and his lordship sat down to supper at ten precisely. After the supper-service had been removed, his lordship went to his writing-desk and wrote for an hour, and then sealed and dispatched a packet directed to the _Liberal Statesman_. I took it myself to the Post-Office, to ensure its being in time for the midnight mail. It was then about half-past eleven o"clock. I was gone on my message for about five minutes. On my return I found my master where I had left him, sitting at his writing-desk, arranging his papers. But when I entered he locked his desk and said he would go to bed. I waited on him at his night toilet.
And then, as the inn was very much crowded, I slept on a lounge in my master"s bed-room. The house was full of noise; so many of the Scots were present, making merry over the approaching marriage of their chieftain"s son. Neither my master nor myself rested well that night.
I arose early to see my master"s bath. The marquis arose at eight o"clock."
Such was the substance of James Kerr"s testimony, which perfectly corroborated that of the lad Ferguson, and greatly damaged that of Rose Cameron.
The hotel waiter happened to be among those who had cast all their worldly interests to the winds, abandoned their callings of whatever sort, and come at all risk of consequences to be present at the trial.
He was found in the court-room, called to the witness-stand, sworn and examined.
His testimony corroborated that of the two last witnesses, and utterly broke down that of Rose Cameron.
There was further consultation between the Bar and the Bench. Finally the testimony of the Crown"s witness was set aside, and a warrant was made out for the arrest of Rose Cameron, otherwise Rose Scott, upon the charge of perjury.
The warrant was sent out to the sheriff"s room, to which, after leaving the witness-stand, Rose Cameron had been conducted.
And now the crowd in the court-room, composed chiefly of neighbors, friends, kinsmen, and clansmen of the young Duke of Hereward, breathed freely.
The thunder-cloud had pa.s.sed.
Their hero was vindicated. Truly they had never for an instant doubted his integrity, much less had they suspected him of a heinous, an atrocious crime. Still, it was an immense relief to have the black shadow of that b.l.o.o.d.y charge withdrawn.
There was but one more witness for the prosecution to be examined; that witness was no less a person than the young Duke of Hereward himself.
He was called to the stand, and sworn.
Every pair of eyes in the court-room availed themselves of the opportunity afforded by the elevated position of the witness-stand, to gaze on the man who had so recently been the subject of such a terrible accusation; and all admired the calmness, self-possession, and forbearance of his conduct during the fearful ordeal through which he had just pa.s.sed.
He simply testified as to the finding of the dead body, the position of the corpse, the condition of the room, and so forth. He was not subjected to a cross-examination, but was courteously notified that he was at liberty to retire.
He resumed his former seat.
The case for the prosecution was closed.
Mr. Kinlock, junior counsel for the prisoner, arose for the defence. He made a short address to the jury, in which he spoke of the slight grounds upon which his unhappy client had been charged with an atrocious crime, and brought to trial for his life. The law demanded a victim for that heinous crime, which had shocked the whole community from its centre to its circ.u.mference, and his unfortunate client had been selected as a sin offering. He reminded the jury how the very esteem and confidence of the master and the fidelity and obedience of the servant had been most ingeniously turned into strong circ.u.mstantial evidence, to fix the a.s.sa.s.sination of the master upon the servant. The deceased, had entirely trusted the prisoner; had given him a pa.s.s-key with which he might enter his chambers at any hour of the day or night; and hence it was argued that the prisoner, being the only one who had the entree to the deceased"s apartments, must have been the person who admitted the murderer to his victim. The prisoner had faithfully obeyed his master"s orders for the day, in declining to enter his rooms before his bell should ring; and thence it was argued that he only delayed to call his master because he knew that master lay murdered in his room, and he wished to give the murderers, with whom he was said to be confederated, time to make good their escape. He was sure, he said, that a just and intelligent jury must at once perceive the cruel injustice of such far-fetched inferences. In addition he would call witnesses who would testify to the good character of the accused, and prove that the great esteem and confidence in which he had been held by his late master was abundantly justified by the excellent character and blameless conduct of the servant.
Mr. Kinlock then proceeded to call his witnesses.
They were the fellow-servants of the accused. Some of them were the very same witnesses that had been called by the prosecution, and were now re-called for the defence. One and all, in turn, testified to the uniform good behavior of the valet while in the service of Sir Lemuel Levison, deceased.
The presiding judge, Baron Stairs, summed up the evidence in a very few words.
The evidence against the prisoner at the bar was circ.u.mstantial only. It had appeared in evidence that some servant of the family had admitted the a.s.sa.s.sin to the house. It did not appear who that servant was. The valet John Potts, was the only one who had the pa.s.s-key to the apartments of the deceased. That circ.u.mstance had fixed suspicion upon him; had brought him to trial; the trial had brought out no new facts; the witness princ.i.p.ally relied on by the prosecution had not only failed to give any testimony to convict the prisoner, but had certainly perjured herself to shield the real criminal, whoever he was, and to accuse a n.o.ble personage, whose high character and lofty station alike placed him infinitely above suspicion. On the other hand, many witnesses had testified to the good character and conduct of the prisoner, and the estimation in which he had been held by his late master. Such was the evidence, pro and con.
His lordship concluded by saying that the jury might now retire and deliberate upon their verdict, remembering that in all cases of uncertainty they should lean to the side of mercy.
The jury arose from their seats, and, conducted by a bailiff, retired to the room provided for them.
Many of the people now left the court-room to get refreshments.
But as the judges remained upon the bench, the Duke of Hereward kept his seat. He felt sure that the jury would not long deliberate before bringing in their verdict.
Meanwhile he turned to glance at the prisoner.