"Now, that there were in existence keys which fitted this particular lock cannot, I think, be seriously doubted by anyone who has listened carefully to the evidence which has been put forward both by the prosecution and by the defence in this case." (Gratification of jury.
How simple it all seems when a master-mind is at work upon the apparent mystery!) "The only question left for you to decide, so far as I can discover, and if I am wrong it is not for want of careful consideration, is this: whether on that night into which we are inquiring the prisoner had or had not a latchkey, and, if so, whether she used it, and in either case, whether any other person had a similar key, which he also employed in opening the door of this house." (Jury getting slightly fogged again. But they no longer sorrow as one who hath no hope. They rely on his lordship to pull them through.)
"It is perhaps a circ.u.mstance worth noting, though the explanation may be very simple, that neither side has produced a latchkey purporting to be one of those belonging to the latch in question."
(The explanation _was_ simple. Neither side had thought of it.) "But in the absence of any ocular demonstration one way or the other, we are, I think, justified in a.s.suming that the keys in question were small, portable articles, such as could conveniently be carried in the pocket. In saying this I merely appeal to your own experience as men of business and householders, who are most of you probably in the constant habit of carrying articles of this kind yourselves." (Jury in smooth water again. How could they ever have thought this matter presented difficulties?) "There, gentlemen, I must leave you. I can throw no farther light upon the hidden circ.u.mstances of that night, and must leave you to decide for yourselves on a calm and deliberate review of the evidence whether, in your opinion, such a key as I have indicated was, or was not, in the possession of the prisoner at the bar, or of any other individual whose name has or has not transpired in the course of this trial, and if so, whether the prisoner, or that other person, or both of them, did or did not obtain access to the house by means of that nature."
Collapse of jury. Dashed in a moment from their height of fancied security, they lie helpless at the bottom of the abyss.
The summing-up was nearly over. Tressamer had begun to hope the judge had forgotten him. But Sir Daniel had reserved his melodramatic effects to the last, as all orators know they ought to do.
"And now a few words as to the unusual, I may say, I hope, the extraordinary, though unhappily not quite unprecedented, line of defence which has been adopted in this case. The prisoner"s counsel has not contented himself with merely defending the prisoner; he has gone far beyond that, far beyond the necessities, so far as they present themselves to my mind, of his position, and has distinctly and deliberately brought an accusation against one who is not on trial before you, and has, therefore, no means of reb.u.t.ting the attack. For such a course there is, in my opinion, not a shadow of excuse. I have listened with great patience to the evidence in this case from the beginning to the end, and I have not detected anywhere anything that casts one particle of suspicion upon Mr. Lewis.
"He was attacked for having come so promptly to visit his relative on his return. But his explanation was straightforward, and such as to commend itself to everyone who heard him. I shall not trouble you with any defence of Mr. Lewis, however"--(grat.i.tude of the whole court)--"but I must condemn in the gravest and strongest manner the way in which Mr. Tressamer has abused his privilege as an advocate to spring a charge of this deadly character upon one who is, so far as we can see, a perfectly innocent man. If this sort of thing is to be indulged in, the honour of the Bar--that n.o.ble profession to which it is my glory to have belonged--will be dragged in the dust, and its formidable immunities will have to be sharply and summarily curtailed.
It has been well said that no a.s.sa.s.sin is so terrible to the community as the a.s.sa.s.sin of reputations, and in my opinion the man who is capable of taking advantage of a technical immunity from punishment to lie in wait for and destroy in cold blood the whole character and career of another, reveals a blackness of disposition which fits him for the commission of any crime, aye, though it were as heinous as that of which he has accused his victim."
It was a crushing rebuke. The crowded bar turned and looked at their comrade as though they expected him to sink through the floor. But he sat pale and rigid, tearing off the feather of a quill with his teeth, but showing no other sign that he had heard the judge.
"It is the prisoner who must suffer most by such a line of defence."
(Here Eleanor looked up suddenly, as if she had only just begun to pay attention to what was going on.) "Its natural effect on your minds must be to induce you to ask yourselves not the real question before you, namely, is Eleanor Owen guilty or not? But this other question: which is guilty, Eleanor Owen or John Lewis? And to that you could, as conscientious men, give only one answer.
"But that is what I want, if possible, to avoid. My princ.i.p.al reason for making the remarks I have made about Mr. Tressamer"s speech is that I do not want you to confuse the issues, as he has confused them, but to return your verdict freely and impartially, having regard solely to the bearing of the evidence which has been given upon the guilt or innocence of the prisoner."
Here his lordship abruptly came to an end, just when the long-suffering jury were expecting that he was at last going to give them a hint as to his own leaning in the case.
It was now the part of the clerk of arraigns to rise and request the jury to consider their verdict. But that functionary had taken advantage of the charge to fall into a light and pleasant slumber, from which it became necessary to rouse him. One of the Bar, therefore, put out his hand and pulled the clerk of arraigns by the sleeve. He started awake, and, hastily stumbling on to his feet, looked wildly round for information.
The day before this incident would have provoked mirth. To-day it caused nothing but impatient annoyance, except to a few junior barristers, who thought it professional to show callous indifference to what was going on. At last, however, the clerk of arraigns was made to realise what stage had been reached, and he called the bailiff of the court and gave the jury over to his charge, with the following form of words:
"You shall take this jury to some convenient place, where you shall lock them up without meat, fire, or light; you shall suffer no man to speak to them, neither shall you speak to them yourself, except to ask them if they have agreed upon their verdict; so help you G.o.d."
The oath was taken, and the twelve men filed slowly out.
CHAPTER X.
THE VERDICT.
The secrets of the jury-room are little understood. Doubtless this is because all the more intellectual cla.s.ses are exempted, by a beautiful provision of our law, from serving on juries, and the remainder have not yet produced a man competent to chronicle his experiences.
The Mynyddshire jurymen were very much like their brethren all over the country. They had sworn a solemn oath to well and truly try, and true deliverance make, between our sovereign lady the Queen and the prisoner at the bar, and they honestly tried to act up to their obligation.
Mr. Jenkins, the Queen Street stationer, was among them, and his first words, after the door was closed on them, were:
"Well, I don"t know what you think, sir, but I couldn"t make out whether he was for her or against her."
The person addressed was the foreman, a rich building contractor from a large seaport at the end of the county. He was a man of judicial mind, a model foreman, and wisely abstained from committing himself at this early stage. He turned round and asked his next neighbour, who happened to be the farmer from near Porthstone, whose remarks to Mr.
Jenkins were given in the fourth chapter:
"How did it strike you, sir?"
"I thought he was against her," was the answer. "Didn"t you hear him say, "The prisoner must suffer by that line of defence"? And then he didn"t say nothing about reasonable doubts."
"No; but the young barrister did--the one that prosecuted," observed a tall, thin man, a tailor by trade.
"He"s got nothing to do with it," said the farmer. "I thought him a fool all along. I know his whole family, and they"re all alike."
"What a terrible speech Mr. Tressamer made!" ventured a fifth juryman, a short, stumpy watchmaker from Porthstone itself. "I believe he"s her lover."
"What!" cried the foreman, losing his calm demeanour in the presence of this interesting revelation. "How d"ye know that?"
"Oh, it was common talk in Porthstone," was the answer. "They knew each other ever since they was children, and he used to come down every summer and go about with her. That"s what made him so fierce against Mr. Lewis, you may depend."
"And did you know her?" "What was she like, really?" "What do you think of her?" broke from several voices as the whole jury cl.u.s.tered round the little man.
But he drew in his horns at once.
"Don"t ask me anything," he said. "I"ve mended her watch, and I always thought she was all right up to this, but the Lord only knows whether she did it." He paused, and then, as if there were some vague connection in his mind between this charge and a general disposition towards acts of dishonesty, he added: "She always paid me regular."
Perhaps the jury scented an underlying distrust in this. At any rate, one of them said:
"I watched the judge carefully all through, and I saw him frown at her several times. To my mind he meant us to say guilty."
The word came with a little shock to the men. They instinctively realized its terrible gravity as falling from their lips. The tall, thin tailor put in his word again:
"Anyhow, he said there was no evidence of motive."
"Except they jewels," corrected the farmer.
"Ah, but there was nothing came out about them."
"Phoo! that there was. Didn"t you see how her counsel was fighting to keep it back? You may depend she knew all about them, and could tell us where they are now if she liked."
"You seem to have made up your mind," said another man, who had been talking aside to a little knot of three; "but for the life of me I couldn"t make it out one way or the other. What did you think he meant about that latchkey?"
This was offensive. It was reminding them of their weak point. It threw the whole room into confusion. Eight or nine of the jury all began to speak at once, and four or five could find no listeners.
When the hubbub had a little subsided, the foreman said:
"Gentlemen, it"s no use talking it over in this way. We must argue it out one at a time. I propose that we all sit round the table, and the one that has anything to say stands up and says it properly."
This suggestion was well received, but it had a fatal effect on three of the jury, who were wholly unable to attempt anything so much like a set speech as this course involved.
As soon as all were seated the foreman commenced:
"Gentlemen this is a doubtful case, a very doubtful case. Talk of reasonable doubts, there"s nothing but reasonable doubts, so far as I can see, from beginning to end. Now, it would have been a great help to us if the judge had showed us which way he thought we ought to go, but I must confess I couldn"t tell which side he meant to lean. If any other gentleman thinks otherwise, we shall be glad to hear him."
But no other gentleman thought otherwise. The man who had thrown out the suggestion about the latchkey, and who was a fishing-boat proprietor from a seaside suburb of Abertaff, murmured from his seat: