"The statement of a Juryman is not evidence," the Prosecuting Counsel interposed.
"I fear, my learned brother," said the Judge, "that when the Jury retire, it will become a strong piece of evidence, whatever direction I may give them."
The Serjeant declined to re-examine this evidence.
Then my counsel called Mr. Merridew, who very reluctantly got into the box again.
He denied solemnly that he knew either of the preceding witnesses. He denied that he knew the Black Jack. He owned, with a pretence at pride, that he had frequently served his country by informing against rogues and had taken the reward to which he was ent.i.tled. He denied that he encouraged young fellows to become highwaymen in hopes of securing the higher reward. He denied that he knew Mr. Probus. He swore that he should not benefit by the conviction of the prisoner.
You observe that the object of the Counsel was to make everyone plunge deeper into the mire of perjury. His case was strong indeed, or he would not have followed this method.
The Counsel then called half a dozen witnesses in succession. They were turnkeys from York, Winchester, Reading and Portsmouth and other places.
They identified the Rev. Dr. Samuel Carstairs, D.D., as a person notoriously engaged in frauds for which an educated person was necessary. He had been imprisoned for two years at Winchester for embezzlement: for a twelvemonth with a flogging at York for fraud: he was whipped through the High Street of Portsmouth and down to Point and back again for similar practices. They also identified the Captain as a rogue from tender years: hardly a whipping-post anywhere but knew the sound of his voice: hardly a prison in which he had not pa.s.sed some of his time.
And now the case looked brighter. Everyone was interested, from the Aldermen to the Jury: it was a case of surprises: only Serjeant Cosins stood with his papers in his hand looking perplexed and annoyed. So far there was no doubt about the two fellows, the authors of the charge, being notorious and arrant rogues. A very pitiful figure they cut, as they sat side by side on the witnesses" bench. Even their own friends in the gallery were laughing at them, for the admiration of the rogue is for successful roguery, while for detected roguery he has nothing but contempt.
Then the Counsel called John Ramage. He said that he was an accountant in the counting-house of Messrs. Halliday Brothers: that in that capacity he knew the position of the House: that in two years the managing partner, Mr. Matthew Halliday, had reduced the business to a state of insolvency: that they might become bankrupts at any moment: that creditors were pressing, and the end could not be far off. He went on to state that he revealed the secrets of his office because he was informed that the knowledge was necessary for the defence of Mr. William Halliday, and that the safety and innocence of his late master"s only son were of far more importance to him than the credit of the House. And here the tears came into his eyes. This, however, was the least important part of the case. For he went on to depose that the position of his desk near the door of Mr. Matthew"s office enabled him to hear all that went on: that Mr. Probus was constantly engaged with Mr.
Matthew: that every day there were complaints and quarrels between them: that Mr. Probus wanted his money back, and that Mr. Matthew could not pay him: that every day they ended with the regret that they could not touch this sum of money waiting for the survivor: that every day they sighed to think what a happy event it would be for them both if Mr.
William Halliday were dead. That, one day, Mr. Probus said that there were many ways for even a young man to die: he might, for instance, fall into the hands of the law: to this Mr. Matthew gave no reply, but when he was alone began to drink. That Mr. Probus returned the next day with Mr. Merridew, who said that the job was easy and should be done, but he should expect to stand in: he said that the thing would cost a good deal, but that, for a thousand pounds, he thought that Mr. Will Halliday"s case might be considered certain. "When I heard this," the witness said, "I hastened to Lambeth, where Mr. Will was living with his wife. I could not see him because he was playing for Madame Vallance"s a.s.sembly. I therefore went again to Lambeth the next day, which was Sunday, and I told him all. While I was telling him, Mr. Probus himself came. So they put me in the kitchen where I could hear what was said.
Mr. Probus made another effort to persuade Mr. Will to sell his chance of succession. Then he went away in a rage, threatening things. So I implored Mr. Will to get out of the way of the villains. He promised: but it was too late. The next thing I hear is that he has been charged with highway robbery. Mr. Will--the best of men!"
I now thought my case was going pretty well.
There were, however, other witnesses.
To my amazement Jenny"s mother appeared. She was dressed up as a most respectable widow with a white cap, a black dress, and a white ap.r.o.n.
She curtseyed to the Court and kissed the book with a smack, as if she enjoyed it.
She said that she was a widow, and respectable: that she kept the Black Jack, which was much frequented by the residents of St. Giles"s. The Counsel did not press this point but asked her if she knew the Rev. Dr.
Carstairs. She replied that she knew him, under other names, as a frequenter of her house off and on for many years: that he was familiarly known as the "Bishop": that she did not inquire into the trades of her customers, but that it was understood that the Bishop was one of those who use their skill in writing for various purposes: for threatening persons who have been robbed: for offering stolen property for sale: for demanding money: for forging doc.u.ments: and other branches of roguery demanding a knowledge of writing. She showed her own knowledge of the business by her enumeration of the branches. She said, further, that the gentleman had slept at the Black Jack every night for the last two months: that he had a bed there, took his meals there, and carried on his business there. As regards Mr. Ferdinando Fenwick, she knew him as the "Captain," or as Tom Kestever, and she identified him in the same way and beyond any power of doubt. As for Merridew, she knew him very well: he was a thief-taker by profession: he gave his man a good run and then laid information against him: he encouraged young rogues and showed them how to advance in their profession: and she deposed that on a certain day Merridew came to the house where the Bishop and the Captain were drinking together and sat with them: that all their talk was about getting a man out of the way: that the Bishop did not like it, but was told by Mr. Merridew very plainly that he must, and that he then a.s.sented.
Jenny"s sister, Doll, next appeared. She was transformed into a young and pleasing woman with a silver ring for greater respectability. Her evidence corroborated that of her mother. But she added an important particular, that one morning when there was no one in the place but the Bishop and the Captain, Mr. Probus came with Mr. Merridew and sat conversing with those two gentlemen for a long time.
Then the young fellow called Jack went into the box. By this time the interest of everyone in the court was intense, because here was the unrolling of a plot which for audacity and wickedness was perhaps unequalled. And the wretched man Probus, still writhing in his seat, cast his eyes to the door in hopes of a chance at flight: in his agony his wig was pushed back, and the whole of his head exposed to view. I confess that horror rather than revenge possessed me.
The young fellow called Jack gave his evidence in a straightforward way.
He confessed that he had run away from his native village in consequence of an unfortunate love affair; that he had come up to town, hoping to get employment: that he had been taken to the Black Jack by someone who met him in the street: that he had there been introduced to Mr.
Merridew, who promised to find him work: that in fact he had been employed by him in shop-lifting and in small street robberies: his employer, he explained, would go along the street first and make a sign where he could carry off something: that he was promised promotion to be a highwayman by Mr. Merridew if he should deserve it: that he had been told to keep himself in readiness to help in knocking a gentleman on the head: that the thing was talked over with him by the Bishop and the Captain: that at the last moment they told him they should want none of his help. Asked what he should do after giving this evidence, replied that if Mr. Merridew got off, he should have to enlist in order to save his neck, which would be as good as gone. More he said, but this was the most important.
Then Mr. Caterham called Mr. Halliday.
My unfortunate cousin entered the witness-box pale and trembling. In answer to questions he acknowledged that he had lost the whole of his fortune and ruined a once n.o.ble business in the s.p.a.ce of three or four years. He confessed that his bankruptcy was inevitable: that Probus had been urgent with him to get his cousin to sell his chance of succession in order to raise money by which he himself might recover his money: that he was willing to do so if his cousin would sell: but his cousin would not. He said that Mr. Probus had come to him stating that a man"s life might be lost in many ways: that, for instance, he might fall into the hands of the law: that he had brought Mr. Merridew, who offered to arrange so that his cousin might lose his life in some such way if he were paid a thousand pounds down; that he would not listen to such detestable overtures; that he heard of his cousin"s arrest: that he had informed his cousin"s attorney of the offer made him by Probus and Merridew: but he had neither paid nor promised a thousand pounds, or anything at all: and that he had never been a consenting party to the plot.
He was allowed to stand down: he remained in the court, trembling and shivering, as pitiable an object as the wretched conspirators themselves.
If there had been interest in the case before, judge what it was now in the appearance of the next witness, for there entered the box none other than Jenny herself, the bewitching Jenny. She was all lace and ribbons, as beautiful a creature as one could expect to see anywhere. She smiled upon the Judge and upon the Lord Mayor: she smiled upon the Jury: she smiled upon me, the prisoner in the Dock. In answer to the questions put to her, she answered, in substance: "My name is Jenny Halliday. I am the wife of the last witness, Matthew Halliday. I am an actress. I am known by my maiden name, Jenny Wilmot. As an entertainer, I am known as Madame Vallance." There was now the most breathless attention in Court. "By birth, I am the daughter of the landlady of the Black Jack. It is a place of resort of the residents of St. Giles"s. Most of them, to my certain knowledge, probably all, are thieves. I sometimes go there to see my mother and sister, not to see the frequenters of the place.
Whenever I do go there, I always find the two witnesses who just now called themselves Carstairs and Fenwick: at the Black Jack they were always called the Bishop and the Captain. I have always heard, and I understand, that they are rogues of the deepest dye. The Bishop is not a clergyman at all: he is so called because he dresses like a clergyman and can write well: the Captain is a highwayman: most of his fraternity call themselves Captains: he is the son of a butcher in Clare market.
His name is Tom Kestever. Both are Mr. Merridew"s men: that is, they have to carry out whatever he orders, and they live in perpetual terror that their time is up. The last time I was in the Black Jack, Merridew came in, drank a gla.s.s or two of punch in a friendly way, and so left them. When he said that he did not know the men, it was flat perjury. He was continually in the Black Jack looking up his people; admonishing the young and threatening the elders. Not a rogue in London but knows Mr.
Merridew, and trembles at the thought of him."
Asked about Mr. Probus, she said she did not know him at all, save by repute. That he constantly threatened the prisoner with consequences if he did not consent to sell his chance of succession: and that she had been present on a certain occasion in Newgate when Mr. Probus visited the prisoner and offered him there and then, if he would sign the doc.u.ment offered, that the princ.i.p.al witnesses should not appear at the Trial, which would thus fall through.
Asked as to her knowledge of the prisoner, she deposed that she found him in the King"s Bench Prison, sent there through the arts of Mr.
Probus: that she took him out, paying the detainers: that she then gave him employment in her orchestra: that he was a young gentleman of the highest principle, married to a wife of saintly conduct and character: that he was incapable of crime--that he lived quietly, was not in debt, and received for his work in the orchestra the sum of thirty shillings a week, which was enough for their modest household.
Asked again about her husband, she said that she could not live with him, partly because he was an inveterate gambler: and that to gratify this pa.s.sion there was nothing he would not sell. That he had gamed away a n.o.ble fortune and ruined a n.o.ble business: that steps had already been taken to make him bankrupt: and that it was to save his own money that the man Probus had designed this villainy.
"Call Thomas Shirley." It was the Junior Counsel who rose.
Tom went into the box and answered the preliminary questions. "Do you remember meeting Mr. Probus in Newgate about a month ago?"
"I do."
"What offer did he make?"
"He offered my brother-in-law 5,000 down if he would sell his chance of the succession, and further promised that the princ.i.p.al witnesses should not appear."
"You swear that this was his offer?"
"I swear it."
The counsel looked at Serjeant Cosins who shook his head.
"You may sit down, Sir."
"My Lud," said Mr. Caterham, "my case is completed. I have no other evidence unless you direct me to sweep the streets of St. Giles"s and compel them to come in."
When all the evidence was completed there was a dead silence in the Court. Everybody was silent for a s.p.a.ce: the faces of the rogues in the gallery were white with consternation: here were the very secrets of their citadel, their home, the Black Jack, disclosed, and by the very people of the Black Jack, the landlady and her daughters. The Jury looked at each other in amazement. Here was the complete revelation of a plot which for wickedness and audacity went beyond everything ever invented or imagined. What would happen next?
"Brother Cosins," said the Judge.
He threw his papers on the desk. "My Lud," he said, "I throw down my brief."
Then the Judge charged the Jury. "Gentlemen," he said, "it has been clearly established--more clearly than I ever before experienced, that a wicked--nay a most horrible--crime, designed by one man, carried out by three others, has been perpetrated against the prisoner, William Halliday. It is a case in which everything has been most carefully prepared: the perjury of the witnesses has been established beyond a doubt even though the witnesses have been in part taken from the regions of St. Giles"s, and from actual criminals. Gentlemen, there is but one verdict possible."
They did not leave the box: they conferred for a moment: rose and through their foreman p.r.o.nounced their verdict--"Not Guilty." They added a hope that the conspirators would not escape.
"They shall not," said the Judge. "William Halliday, the verdict of the jury sets you free. I am happy to say that you leave this court with an unblemished character: and that you have the most heartfelt commiseration of the court for your wholly undeserved sufferings and anxiety." Then the Judge turned to the four. "I commit Eliezer Probus: Samuel Carstairs alias what he pleases: the man who calls himself Ferdinando Fenwick: and John Merridew for trial on the charge of conspiracy and perjury."
CHAPTER XIII
THE COMPANY OF REVENGE
The case was over--I stepped out of the Dock: I was free: everybody, including Mr. Caterham, K.C., was shaking my hand: the Lord Mayor sent for me to the Bench and shook my hand warmly: he said that he had known my worthy father, Sir Peter, and that he rejoiced that my innocence had been made as clear as the noonday: all the Jury shook hands with me: my cousin Tom paid my dues to the prison, without payment of which even a free man, proved innocent, must go back to the prison again and there stay till he discharges them--because a gaoler everywhere has a heart made of flint. At last, surrounded by my friends I went out of Court.
Outside in the street there was a crowd who shouted and cried my name with "Death to the Conspirators!" But I saw many who did not shout. Who are they who had no sympathy with innocence? They stood apart, with lowering faces. They came down from the public gallery where--I was afterwards told--the appearance in that witness-box first of the well-known landlady of the Black Jack--their ancient friend: next, of her daughter--also their friend: thirdly, of the young fellow called Jack, one of themselves, a rogue and the companion of rogues: and lastly, of the woman of whom they had been so proud, Jenny the actress, Jenny the Orange Girl: Jenny of Drury Lane: filled them with dismay and rage. What? Their own people turn against their own friends? The landlady of the Black Jack, even the landlady of the Black Jack, that most notorious receiver of stolen goods, and harbourer of rogues, to give evidence against her own customers? Thief betray thief? Dog bite dog? Heard ever man the like? Now you understand the lowering and gloomy faces. These people whispered to each other in the Gallery of the Court House: they murmured to each other outside on the pavement: when we climbed into a hackney coach--Jenny--her mother and sister--the young fellow called Jack and myself--they followed us--in pairs;--by fours, talking low and cursing below their breath. After a while they desisted: but one or two of them still kept up with the coach.