So there were private interests, as well as a public interest, among that swelling ocean of men and women; and Richard had but very few backers in the great and terrible game that was being played.
In a corner of the gallery of the court, high up over the heads of the multitude, there was a little spot railed off from the public, and accessible only to the officials, or persons introduced by them. Here, among two or three policemen, stood our friend Mr. Joseph Peters, with his mouth very much on one side, and his eyes fixed intently upon the prisoner at the bar. The gallery in which he stood faced the dock, though at a great distance from it.
If there was one man in that vast assembly who, next to the prisoner, was most wretched, that man was the prisoner’s counsel. He was young, and this was only his third or fourth brief; and this was, moreover, the first occasion upon which he had ever been intrusted with an important case. He was an intensely nervous and excitable man, and failure would be to him worse than death; and he felt failure inevitable. He had not one inch of ground for the defence; and, in spite of the prisoner’s repeated protestations of his innocence, he believed that prisoner to be guilty. He was an earnest man; and this belief damped his earnestness. He was a conscientious man; and he felt that to defend Richard Marwood was something like a dishonest action.
The prisoner pleaded “Not guilty” in a firm voice. We read of this whenever we read of the trial of a great criminal; we read of the firm voice, the calm demeanour, the composed face, and the dignified bearing; and we wonder. Would it not be more wonderful were it otherwise? If we consider the pitch to which that man’s feelings have been wrought; the tension of every nerve; the exertion of every force, mental and physical, to meet those five or six desperate hours, we wonder no longer. The man’s life has become a terrible drama, and he is playing his great act. That mass of pale and watchful faces carries him through the long agony. Or perhaps it is less an agony than an excitement. It may be that his mind is mercifully darkened, and that he cannot see beyond the awful present into the more awful future. He is not busy with the vision of a ghastly structure of wood and iron; a dangling rope swinging loose in the chill morning air, till it is tightened and strained by a quivering and palpitating figure, which so soon grows rigid. He does not, it is to be hoped, see this. Life for him to-day stands still, and there is not room in his breast—absorbed with the one anxious desire to preserve a proud and steady outward seeming—for a thought of that dreadful future which may be so close at hand.
So, Richard Marwood, in an unfaltering voice, pleaded “Not guilty.”
There was among that vast crowd but one person who believed him.
Ay, Richard Marwood, thou mightest reverence those dirty hands, for they have spelt out the only language, except that of thy wretched mother, that ever spoke conviction of thy innocence.
Now the prisoner, though firm and collected in his manner, spoke in so low and subdued a voice as to be only clearly audible to those near him. It happened that the judge, one of the celebrities of the bench, was afflicted with a trifling infirmity, which he would never condescend to acknowledge. That infirmity was partial deafness. He was what is called hard of hearing on one side, and his—to use a common expression—game ear happened to be nearest Richard.
“Guilty,” said the judge. “So, so—Guilty. Very good.”
“Pardon me, my lord,” said the counsel for the defence, “the prisoner pleaded not guilty.”
“Nonsense, sir. Do you suppose me deaf?” asked his lordship; at which there was a slight titter among the habitués of the court.
The barrister gave his head a deprecatory shake. Of course, a gentleman in his lordship’s position could not be deaf.
“Very well, then,” said the judge, “unless I am deaf, the prisoner pleaded guilty. I heard him, sir, with my own ears—my own ears.”
The barrister thought his lordship should have said “my own ear,” as the game organ ought not to count.
“Perhaps,” said the judge, “perhaps the prisoner will be good enough to repeat his plea; and this time he will be good enough to speak out.”
“Not guilty,” said Richard again, in a firm but not a loud voice—his long imprisonment, with days, weeks, and months of slow agony, had so exhausted his physical powers, that to speak at all, under such circumstances, was an effort.
“Not guilty?” said the judge. “Why, the man doesn’t know his own mind. The man must be a born idiot—he can’t be right in his intellect.”
Scarcely had the words passed his lordship’s lips, when a long low whistle resounded through the court.
Everybody looked up towards a corner of the gallery from which the sound came, and the officials cried “Order!”
Among the rest the prisoner raised his eyes, and looking to the spot from which this unexampled and daring interruption proceeded, recognized the face of the man who had spelt out the words “Not guilty” in the railway carriage. Their eyes met: and the man signalled to Richard to watch his hands, whilst with his fingers he spelt out several words slowly and deliberately.
This occurred during the pause caused by the endeavours of the officials to discover what contumacious person had dared to whistle at the close of his lordship’s remark.
The counsel for the prosecution stated the case—a very clear case it seemed too—against Richard Marwood.
“Here,” said the barrister, “is the case of a young man, who, after squandering a fortune, and getting deeply in debt in his native town, leaves that town, as it is thought by all, never to return. For seven years he does not return. His widowed and lonely mother awaits in anguish for any tidings of this heartless reprobate; but, for seven long years, by not so much as one line or one word, sent through any channel whatever, does he attempt to relieve her anxiety. His townsmen believe him to be dead; his mother believes him to be dead; and it is to be presumed from his conduct that he wishes to be lost sight of by all to whom he once was dear. But at the end of this seven years, his uncle, his mother’s only brother, a man of large fortune, returns from India and takes up his temporary abode at the Black Mill. Of course all Slopperton knows of the arrival of this gentleman, and knows also the extent of his wealth. We are always interested in rich people, gentlemen of the jury. Now, it is not very difficult to imagine, that through some channel or other the prisoner at the bar was made aware of his uncle’s return, and his residence at the Black Mill. The fact was mentioned in every one of the five enterprising journals which are the pride of Slopperton. The prisoner may have seen one of these journals; he may have had some former boon companion resident in Slopperton, with whom he may have been in correspondence. Be that as it may, gentlemen, on the eighth night after Mr. Montague Harding’s arrival, the prisoner at the bar appears, after seven years’ absence, with a long face and a penitent story, to beg his mother’s forgiveness. Gentlemen, we know the boundless power of maternal love; the inexhaustible depth of affection in a mother’s breast. His mother forgave him. The fatted calf was killed; the returned wanderer was welcomed to the home he had rendered desolate; the past was wiped out; and seven long years of neglect and desertion were forgotten. The family retired to rest. That night, gentlemen, a murder was committed of a deeper and darker dye than guilt ordinarily wears: a murder which in centuries hence will stand amongst the blackest chapters in the gloomy annals of crime. Under the roof whose shelter he had sought for the repose of his old age, Montague Harding was cruelly and brutally murdered.
“Now, gentlemen, who committed this outrage? Who was the monster in human form that perpetrated this villanous, cowardly, and bloodthirsty deed? Suspicion, gentlemen of the jury, only points to one man; and to that man suspicion points with so unerring a finger, that the criminal stands revealed in the broad glare of detected guilt. That man is the prisoner at the bar. On the discovery of the murder, the returned wanderer, the penitent and dutiful son, was of course sought for. But was he