It was for him to begin the day's sport by making a speech, not so much in defence of his client as in accusation9 of the prosecutors10. 'It had never,' he said, 'been his fate, he might say his misfortune, to hear a case against a man in a respectable position, opened by the Crown with such an amount of envenomed virulence12.' He was then reminded that the prosecution was not carried on by the Crown. 'Then,' said he, 'we may attribute this virulence to private malice13; that it is not to be attributed to any fear that this English bride should lose her fortune, or that her French husband should be deprived of any portion of his spoil, I shall be able to prove to a certainty. Did I allow myself that audacity14 of denunciation which my learned friend has not considered incompatible15 with the dignity of his new silk gown? Could I permit myself such latitude16 of invective17 as he has adopted?'—a slight laugh was here heard in the court, and an involuntary smile played across the judge's face—'yes,' continued Mr. Chaffanbrass, 'I boldly aver18 that I have never forgotten myself, and what is due to humanity, as my learned friend did in his address to the jury. Gentlemen of the jury, you will not confound the natural indignation which counsel must feel when defending innocence19 from the false attacks, with the uncalled-for, the unprofessional acerbity20 which has now been used in promoting such an accusation as this. I may at times be angry, when I see mean falsehood before me in vain assuming the garb21 of truth—for with such juries as I meet here it generally is in vain—I may at times forget myself in anger; but, if we talk of venom11, virulence, and eager hostility22, I yield the palm, without a contest, to my learned friend in the new silk gown.'
He then went on to dispose of the witnesses whom they had heard on the previous day, and expressed a regret that an expos? should have been made so disgraceful to the commercial establishments of this great commercial city. It only showed what was the effect on such establishments of that undue23 parsimony24 which was now one of the crying evils of the times. Having thus shortly disposed of them, he came to what all men knew was the real interest of the day's doings. 'But,' said he, 'the evidence in this case, to which your attention will be chiefly directed, will be, not that for the accusation, but that for the defence. It will be my business to show to you, not only that my client is guiltless, but to what temptations to be guilty he has been purposely and wickedly subjected. I shall put into that bar an honourable member of the House of Commons, who will make some revelations as to his own life, who will give us an insight into the ways and means of a legislator, which will probably surprise us all, not excluding his lordship on the bench. He will be able to explain to us—and I trust I may be able to induce him to do so, for it is possible that he may be a little coy—he will be able to explain to us why my client, who is in no way connected either with the Scotts, or the Golightlys, or the Figgs, or the Jaqu阾an鄍es, why he was made the lady's trustee; and he will also, perhaps, tell us, after some slight, gentle persuasion26, whether he has himself handled, or attempted to handle, any of this lady's money.'
Mr. Chaffanbrass then went on to state that, as the forms of the court would not give him the power of addressing the jury again, he must now explain to them what he conceived to be the facts of the case. He then admitted that his client, in his anxiety to do the best he could with the fortune entrusted27 to him, had invested it badly. The present fate of these unfortunate bridge shares, as to which the commercial world had lately held so many different opinions, proved that: but it had nevertheless been a bona fide investment, made in conjunction with, and by the advice of, Mr. Scott, the lady's uncle, who thus, for his own purposes, got possession of money which was in truth confided28 to him for other purposes. His client, Mr. Chaffanbrass acknowledged, had behaved with great indiscretion; but the moment he found that the investment would be an injurious one to the lady whose welfare was in his hands, he at once resolved to make good the whole amount from his own pocket. That he had done so, or, at any rate, would have done so, but for this trial, would be proved to them. Nobler conduct than this it was impossible to imagine. Whereas, the lady's uncle, the honourable member of Parliament, the gentleman who had made a stalking-horse of his, Mr. Chaffanbrass's, client, refused to refund29 a penny of the spoil, and was now the instigator30 of this most unjust proceeding31.
As Mr. Chaffanbrass thus finished his oration32, Undy Scott tried to smile complacently33 on those around him. But why did the big drops of sweat stand on his brow as his eye involuntarily caught those of Mr. Chaffanbrass? Why did he shuffle34 his feet, and uneasily move his hands and feet hither and thither35, as a man does when he tries in vain to be unconcerned? Why did he pull his gloves on and off, and throw himself back with that affected36 air which is so unusual to him? All the court was looking at him, and every one knew that he was wretched. Wretched! aye, indeed he was; for the assurance even of an Undy Scott, the hardened man of the clubs, the thrice elected and twice rejected of Tillietudlem, fell prostrate37 before the well-known hot pincers of Chaffanbrass, the torturer!
The first witness called was Henry Norman. Alaric looked up for a moment with surprise, and then averted38 his eyes. Mr. Gitemthruet had concealed39 from him the fact that Norman was to be called. He merely proved this, that having heard from Mrs. Woodward, who was the prisoner's mother-in-law, and would soon be his own mother-in-law, that a deficiency had been alleged40 to exist in the fortune of Madame Jaqu阾an鄍e, he had, on the part of Mrs. Woodward, produced what he believed would cover this deficiency, and that when he had been informed that more money was wanting, he had offered to give security that the whole should be paid in six months. Of course, on him Mr. Chaffanbrass exercised none of his terrible skill, and as the lawyers on the other side declined to cross-examine him, he was soon able to leave the court. This he did speedily, for he had no desire to witness Alaric's misery41.
And then the Honourable Undecimus Scott was put into the witness-box. It was suggested, on his behalf, that he might give his evidence from the seat which he then occupied, but this Mr. Chaffanbrass would by no means allow. His intercourse42 with Mr. Scott, he said, must be of a nearer, closer, and more confidential43 nature than such an arrangement as that would admit. A witness, to his way of thinking, was never an efficient witness till he had his arm on the rail of a witness-box. He must trouble Mr. Scott to descend44 from the grandeur45 of his present position; he might return to his seat after he had been examined—if he then should have a mind to do so. Our friend Undy found that he had to obey, and he was soon confronted with Mr. Chaffanbrass in the humbler manner which that gentleman thought so desirable.
'You are a member of the House of Commons, I believe, Mr. Scott?' began Mr. Chaffanbrass.
Undy acknowledged that he was so.
'And you are the son of a peer, I believe?'
'Oh, a Scotch peer,' said Mr. Chaffanbrass, bringing his wig forward over his left eye in a manner that was almost irresistible—'a Scotch peer—a member of Parliament, and son of a Scotch peer; and you have been a member of the Government, I believe, Mr. Scott?'
Undy confessed that he had been in office for a short time.
'A member of Parliament, a son of a peer, and one of the Government of this great and free country. You ought to be a proud and a happy man. You are a man of fortune, too, I believe, Mr. Scott?'
'That is a matter of opinion,' said Undy; 'different people have different ideas. I don't know what you call fortune.'
'Why I call ?20,000 a fortune—this sum that the lady had who married the Frenchman. Have you ?20,000?'
'I shall not answer that question.'
'Have you ?10,000? You surely must have as much as that, as I know you married a fortune yourself,—unless, indeed, a false-hearted trustee has got hold of your money also. Come, have you got ?10,000?'
'I shall not answer you.'
'Have you got any income at all? Now, I demand an answer to that on your oath, sir.'
'My lord, must I answer such questions?' said Undy.
'Yes, sir; you must answer them, and many more like them,' said Mr. Chaffanbrass. 'My lord, it is essential to my client that I should prove to the jury whether this witness is or is not a penniless adventurer; if he be a respectable member of society, he can have no objection to let me know whether he has the means of living.'
'Perhaps, Mr. Scott,' said the judge, 'you will not object to state whether or no you possess any fixed47 income.'
'Have you, or have you not, got an income on which you live?' demanded Mr. Chaffanbrass.
'I have an income,' said Undy, not, however, in a voice that betokened48 much self-confidence in the strength of his own answer.
'You have an income, have you? And now, Mr. Scott, will you tell us what profession you follow at this moment with the object of increasing your income? I think we may surmise49, by the tone of your voice, that your income is not very abundant.'
'I have no profession,' said Undy.
'On your oath, you are in no profession?'
'Not at present.'
'On your oath, you are not a stock-jobber?'
Undy hesitated for a moment.
'No, I am not. At least, I believe not.'
'You believe not!' said Mr. Chaffanbrass—and it would be necessary to hear the tone in which this was said to understand the derision which was implied. 'You believe you are not a stock-jobber! Are you, or are you not, constantly buying shares and selling shares—railway shares—bridge shares—mining shares—and such-like?'
'I sometimes buy shares.'
'And sometimes sell them?'
'Yes—and sometimes sell them.'
Where Mr. Chaffanbrass had got his exact information, we cannot say; but very exact information he had acquired respecting Undy's little transactions. He questioned him about the Mary Janes and Old Friendships, about the West Corks51 and the Ballydehob Branch, about sundry52 other railways and canals, and finally about the Limehouse bridge; and then again he asked his former question. 'And now,' said he, 'will you tell the jury whether you are a stock-jobber or no?'
'It is all a matter of opinion,' said Undy. 'Perhaps I may be, in your sense of the word.'
'My sense of the word!' said Mr. Chaffanbrass. 'You are as much a stock-jobber, sir, as that man is a policeman, or his lordship is a judge. And now, Mr. Scott, I am sorry that I must go back to your private affairs, respecting which you are so unwilling53 to speak. I fear I must trouble you to tell me this—How did you raise the money with which you bought that latter batch—the large lump of the bridge shares—of which we were speaking?'
'I borrowed it from Mr. Tudor,' said Undy, who had prepared himself to answer this question glibly54.
'You borrowed it from Mr. Alaric Tudor—that is, from the gentleman now upon his trial. You borrowed it, I believe, just at the time that he became the lady's trustee?'
'Yes,' said Undy; 'I did so.'
'You have not repaid him as yet?'
'No—not yet,' said Undy.
'I thought not. Can you at all say when Mr. Tudor may probably get his money?'
'I am not at present prepared to name a day. When the money was lent it was not intended that it should be repaid at an early day.'
'Oh! Mr. Tudor did not want his money at an early day—didn't he? But, nevertheless, he has, I believe, asked for it since, and that very pressingly?'
'He has never asked for it,' said Undy.
'Allow me to remind you, Mr. Scott, that I have the power of putting my client into that witness-box, although he is on his trial; and, having so reminded you, let me again beg you to say whether he has not asked you for repayment55 of this large sum of money very pressingly.'
'No; he has never done so.'
'By the value of your oath, sir—if it has any value—did not my client beseech56 you to allow these shares to be sold while they were yet saleable, in order that your niece's trust money might be replaced in the English funds?'
'He said something as to the expediency57 of selling them, and I differed from him.'
'You thought it would be better for the lady's interest that they should remain unsold?'
'I made no question of the lady's interest. I was not her trustee.'
'But the shares were bought with the lady's money.'
'What shares?' asked Undy.
'What shares, sir? Those shares which you had professed58 to hold on the lady's behalf, and which afterwards you did not scruple59 to call your own. Those shares of yours—since you have the deliberate dishonesty so to call them—those shares of yours, were they not bought with the lady's money?'
'They were bought with the money which I borrowed from Mr. Tudor.'
'And where did Mr. Tudor get that money?'
'That is a question you must ask himself,' said Undy.
'It is a question, sir, that just at present I prefer to ask you. Now, sir, be good enough to tell the jury, whence Mr. Tudor got that money; or tell them, if you dare do so, that you do not know.'
Undy for a minute remained silent, and Mr. Chaffanbrass remained silent also. But if the fury of his tongue for a moment was at rest, that of his eyes was as active as ever. He kept his gaze steadily60 fixed upon the witness, and stood there with compressed lips, still resting on his two hands, as though he were quite satisfied thus to watch the prey61 that was in his power. For an instant he glanced up to the jury, and then allowed his eyes to resettle on the face of the witness, as though he might have said, 'There, gentlemen, there he is—the son of a peer, a member of Parliament; what do you think of him?'
The silence of that minute was horrible to Undy, and yet he could hardly bring himself to break it. The judge looked at him with eyes which seemed to read his inmost soul; the jury looked at him, condemning62 him one and all; Alaric looked at him with fierce, glaring eyes of hatred63, the same eyes that had glared at him that night when he had been collared in the street; the whole crowd looked at him derisively65; but the eyes of them all were as nothing to the eyes of Mr. Chaffanbrass.
'I never saw him so great; I never did,' said Mr. Gitemthruet, whispering to his client; and Alaric, even he, felt some consolation66 in the terrible discomfiture67 of his enemy.
'I don't know where he got it,' said Undy, at last breaking the terrible silence, and wiping the perspiration68 from his brow.
'Oh, you don't!' said Mr. Chaffanbrass, knocking his wig back, and coming well out of his kennel69. 'After waiting for a quarter of an hour or so, you are able to tell the jury at last that you don't know anything about it. He took the small trifle of change out of his pocket, I suppose?'
'I don't know where he took it from.'
'And you didn't ask?'
'No.'
'You got the money; that was all you know. But this was just at the time that Mr. Tudor became the lady's trustee; I think you have admitted that.'
'It may have been about the time.'
'Yes; it may have been about the time, as you justly observe, Mr. Scott. Luckily, you know, we have the dates of the two transactions. But it never occurred to your innocent mind that the money which you got into your hands was a part of the lady's fortune; that never occurred to your innocent mind—eh, Mr. Scott?'
'I don't know that my mind is a more innocent mind than your own,' said Undy.
'I dare say not. Well, did the idea ever occur to your guilty mind?'
'Perhaps my mind is not more guilty than your own, either.'
'Then may God help me,' said Mr. Chaffanbrass, 'for I must be at a bad pass. You told us just now, Mr. Scott, that some time since Mr. Tudor advised you to sell these shares—what made him give you this advice?'
'He meant, he said, to sell his own.'
'And he pressed you to sell yours?'
'Yes.'
'He urged you to do so more than once?'
'Yes; I believe he did.'
'And now, Mr. Scott, can you explain to the jury why he was so solicitous70 that you should dispose of your property?'
'I do not know why he should have done so, unless he wanted back his money.'
'Then he did ask for his own money?'
'No; he never asked for it. But if I had sold the shares perhaps he might have asked for it.'
'Oh!' said Mr. Chaffanbrass; and as he uttered the monosyllable he looked up at the jury, and gently shook his head, and gently shook his hands. Mr. Chaffanbrass was famous for these little silent addresses to the jury-box.
But not even yet had he done with this suspicious loan. We cannot follow him through the whole of his examination; for he kept our old friend under the harrow for no less than seven hours. Though he himself made no further statement to the jury, he made it perfectly71 plain, by Undy's own extracted admissions, or by the hesitation72 of his denials, that he had knowingly received this money out of his niece's fortune, and that he had refused to sell the shares bought with this money, when pressed to do so by Tudor, in order that the trust-money might be again made up.
There were those who blamed Mr. Chaffanbrass for thus admitting that his client had made away with his ward's money by lending it to Undy; but that acute gentleman saw clearly that he could not contend against the fact of the property having been fraudulently used; but he saw that he might induce the jury to attach so much guilt25 to Undy, that Tudor would, as it were, be whitened by the blackness of the other's villany. The judge, he well knew, would blow aside all this froth; but then the judge could not find the verdict.
Towards the end of the day, when Undy was thoroughly73 worn out—at which time, however, Mr. Chaffanbrass was as brisk as ever, for nothing ever wore him out when he was pursuing his game—when the interest of those who had been sweltering in the hot court all the day was observed to flag, Mr. Chaffanbrass began twisting round his finger a bit of paper, of which those who were best acquainted with his manner knew that he would soon make use.
'Mr. Scott,' said he, suddenly dropping the derisive64 sarcasm74 of his former tone, and addressing him with all imaginable courtesy, 'could you oblige me by telling me whose handwriting that is?' and he handed to him the scrap75 of paper. Undy took it, and saw that the writing was his own; his eyes were somewhat dim, and he can hardly be said to have read it. It was a very short memorandum76, and it ran as follows: 'All will yet be well, if those shares be ready to-morrow morning.'
'Well, Mr. Scott,' said the lawyer, 'do you recognize the handwriting?'
Undy looked at it, and endeavoured to examine it closely, but he could not; his eyes swam, and his head was giddy, and he felt sick. Could he have satisfied himself that the writing was not clearly and manifestly his own, he would have denied the document altogether; but he feared to do this; the handwriting might be proved to be his own.
'It is something like my own,' said he.
'Something like your own, is it?' said Mr. Chaffanbrass, as though he were much surprised. 'Like your own! Well, will you have the goodness to read it?'
Undy turned it in his hand as though the proposed task were singularly disagreeable to him. Why, thought he to himself, should he be thus browbeaten77 by a dirty old Newgate lawyer? Why not pluck up his courage, and, at any rate, show that he was a man? 'No,' said he, 'I will not read it.'
'Then I will. Gentlemen of the jury, have the goodness to listen to me.' Of course there was a contest then between him and the lawyers on the other side whether the document might or might not be read; but equally of course the contest ended in the judge's decision that it should be read. And Mr. Chaffanbrass did read it in a voice audible to all men. 'All will yet be well, if those shares be ready to-morrow morning.' We may take it as admitted, I suppose, that this is in your handwriting, Mr. Scott?'
'It probably may be, though I will not say that it is.'
'Do you not know, sir, with positive certainty that it is your writing?'
To this Undy made no direct answer. 'What is your opinion, Mr. Scott?' said the judge; 'you can probably give an opinion by which the jury would be much guided.'
'I think it is, my lord,' said Undy.
'He thinks it is, said Mr. Chaffanbrass, addressing the jury. 'Well, for once I agree with you. I think it is also—and how will you have the goodness to explain it. To whom was it addressed?'
'I cannot say.'
'When was it written?'
'I do not know.'
'What does it mean?'
'I cannot remember.'
'Was it addressed to Mr. Tudor?'
'I should think not.'
'Now, Mr. Scott, have the goodness to look at the jury, and to speak a little louder. You are in the habit of addressing a larger audience than this, and cannot, therefore, be shamefaced. You mean to tell the jury that you think that that note was not intended by you for Mr. Tudor?'
'I think not,' said Undy.
'But you can't say who it was intended for?'
'No.'
'And by the virtue of your oath, you have told us all that you know about it?' Undy remained silent, but Mr. Chaffanbrass did not press him for an answer. 'You have a brother, named Valentine, I think.' Now Captain Val had been summoned also, and was at this moment in court. Mr. Chaffanbrass requested that he might be desired to leave it, and, consequently, he was ordered out in charge of a policeman.
'And now, Mr. Scott—was that note written by you to Mr. Tudor, with reference to certain shares, which you proposed that Mr. Tudor should place in your brother's hands? Now, sir, I ask you, as a member of Parliament, as a member of the Government, as the son of a peer, to give a true answer to that question.' And then again Undy was silent; and again Mr. Chaffanbrass leant on the desk and glared at him. 'And remember, sir, member of Parliament and nobleman as you are, you shall be indicted78 for perjury79, if you are guilty of perjury.'
'Mr. Chaffanbrass,' said the judge, 'you should not threaten your witness. Mr. Scott—surely you can answer the question.'
Mr. Chaffanbrass seemed not to have even heard what the judge said, so intently were his eyes fixed on poor Undy. 'Well, Mr. Scott,' he said at last, very softly, 'is it convenient for you to answer me? Did that note refer to a certain number of bridge shares, which you required Mr. Tudor to hand over to the stepfather of this lady?'
Undy had no trust in his brother. He felt all but sure that, under the fire of Mr. Chaffanbrass, he would confess everything. It would be terrible to own the truth, but it would be more terrible to be indicted for perjury. So he sat silent.
'My lord, perhaps you will ask him,' said Mr. Chaffanbrass.
'Mr. Scott, you understand the question—why do you not answer it?' asked the judge. But Undy still remained silent.
'You may go now,' said Mr. Chaffanbrass. 'Your eloquence82 is of the silent sort; but, nevertheless, it is very impressive. You may go now, and sit on that bench again, if, after what has passed, the sheriff thinks proper to permit it.'
Undy, however, did not try that officer's complaisance83. He retired84 from the witness-box, and was not again seen during the trial in any conspicuous85 place in the court.
It was then past seven o'clock; but Mr. Chaffanbrass insisted on going on with the examination of Captain Val. It did not last long. Captain Val, also, was in that disagreeable position, that he did not know what Undy had confessed, and what denied. So he, also, refused to answer the questions of Mr. Chaffanbrass, saying that he might possibly damage himself should he do so. This was enough for Mr. Chaffanbrass, and then his work was done.
At eight o'clock the court again adjourned86; again Charley posted off—for the third time that day—to let Gertrude know that, even as yet, all was not over; and again he and Alaric spent a melancholy87 evening at the neighbouring tavern88; and then, again, on the third morning, all were re-assembled at the Old Bailey.
Or rather they were not all re-assembled. But few came now, and they were those who were obliged to come. The crack piece of the trial, that portion to which, among the connoisseurs89, the interest was attached, that was all over. Mr. Chaffanbrass had done his work. Undy Scott, the member of Parliament, had been gibbeted, and the rest was, in comparison, stale, flat, and unprofitable. The judge and jury, however, were there, so were the prosecuting90 counsel, so were Mr. Chaffanbrass and Mr. Younglad, and so was poor Alaric. The work of the day was commenced by the judge's charge, and then Alaric, to his infinite dismay, found how all the sophistry91 and laboured arguments of his very talented advocate were blown to the winds, and shown to be worthless. 'Gentlemen,' said the judge to the jurors, after he had gone through all the evidence, and told them what was admissible, and what was not—'gentlemen, I must especially remind you, that in coming to a verdict in the matter, no amount of guilt on the part of any other person can render guiltless him whom you are now trying, or palliate his guilt if he be guilty. An endeavour has been made to affix92 a deep stigma93 on one of the witnesses who has been examined before you; and to induce you to feel, rather than to think, that Mr. Tudor is, at any rate, comparatively innocent—innocent as compared with that gentleman. That is not the issue which you are called on to decide; not whether Mr. Scott, for purposes of his own, led Mr. Tudor on to guilt, and then turned against him; but whether Mr. Tudor himself has, or has not, been guilty under this Act of Parliament that has been explained to you.
'As regards the evidence of Mr. Scott, I am justified94 in telling you, that if the prisoner's guilt depended in any way on that evidence, it would be your duty to receive it with the most extreme caution, and to reject it altogether if not corroborated95. That evidence was not trustworthy, and in a great measure justified the treatment which the witness encountered from the learned barrister who examined him. But Mr. Scott was a witness for the defence, not for the prosecution. The case for the prosecution in no way hangs on his evidence.
'If it be your opinion that Mr. Tudor is guilty, and that he was unwarily enticed96 into guilt by Mr. Scott; that the whole arrangement of this trust was brought about by Mr. Scott or others, to enable him or them to make a cat's-paw of this new trustee, and thus use the lady's money for their own purposes, such an opinion on your part may justify97 you in recommending the prisoner to the merciful consideration of the bench; but it cannot justify you in finding a verdict of not guilty.'
As Alaric heard this, and much more to the same effect, his hopes, which certainly had been high during the examination of Undy Scott, again sank to zero, and left him in despair. He had almost begun to doubt the fact of his own guilt, so wondrously98 had his conduct been glossed99 over by Mr. Chaffanbrass, so strikingly had any good attempt on his part been brought to the light, so black had Scott been made to appear. Ideas floated across his brain that he might go forth100, not only free of the law, but whitewashed101 also in men's opinions, that he might again sit on his throne at the Civil Service Board, again cry to himself 'Excelsior,' and indulge the old dreams of his ambition.
But, alas102! the deliberate and well-poised wisdom of the judge seemed to shower down cold truth upon the jury from his very eyes. His words were low in their tone, though very clear, impassive, delivered without gesticulation or artifice103, such as that so powerfully used by Mr. Chaffanbrass; but Alaric himself felt that it was impossible to doubt the truth of such a man; impossible to suppose that any juryman should do so. Ah me! why had he brought himself thus to quail104 beneath the gaze of an old man seated on a bench? with what object had he forced himself to bend his once proud neck? He had been before in courts such as this, and had mocked within his own spirit the paraphernalia105 of the horsehair wigs106, the judges' faded finery, and the red cloth; he had laughed at the musty, stale solemnity by which miscreants107 were awed108, and policemen enchanted109; now, these things told on himself heavily enough; he felt now their weight and import.
And then the jury retired from the court to consider their verdict, and Mr. Gitemthruet predicted that they would be hungry enough before they sat down to their next meal. 'His lordship was dead against us,' said Mr. Gitemthruet; 'but that was a matter of course; we must look to the jury, and the city juries are very fond of Mr. Chaffanbrass; I am not quite sure, however, that Mr. Chaffanbrass was right: I would not have admitted so much myself; but then no one knows a city jury so well as Mr. Chaffanbrass.'
Other causes came on, and still the jury did not return to court. Mr. Chaffanbrass seemed to have forgotten the very existence of Alaric Tudor, and was deeply engaged in vindicating110 a city butcher from an imputation111 of having vended112 a dead ass4 by way of veal113. All his indignation was now forgotten, and he was full of boisterous114 fun, filling the court with peals115 of laughter. One o'clock came, two, three, four, five, six, seven, and still no verdict. At the latter hour, when the court was about to be adjourned, the foreman came in, and assured the judge that there was no probability that they could agree; eleven of them thought one way, while the twelfth was opposed to them. 'You must reason with the gentleman,' said the judge. 'I have, my lord,' said the foreman, 'but it's all thrown away upon him.' 'Reason with him again,' said the judge, rising from his bench and preparing to go to his dinner.
And then one of the great fundamental supports of the British constitution was brought into play. Reason was thrown away upon this tough juryman, and, therefore, it was necessary to ascertain116 what effect starvation might have upon him. A verdict, that is, a unanimous decision from these twelve men as to Alaric's guilt, was necessary; it might be that three would think him innocent, and nine guilty, or that any other division of opinion might take place; but such divisions among a jury are opposed to the spirit of the British constitution. Twelve men must think alike; or, if they will not, they must be made to do so. 'Reason with him again,' said the judge, as he went to his own dinner. Had the judge bade them remind him how hungry he would soon be if he remained obstinate117, his lordship would probably have expressed the thought which was passing through his mind. 'There is one of us, my lord,' said the foreman, 'who will I know be very ill before long; he is already so bad that he can't sit upright.'
There are many ludicrous points in our blessed constitution, but perhaps nothing so ludicrous as a juryman praying to a judge for mercy. He has been caught, shut up in a box, perhaps, for five or six days together, badgered with half a dozen lawyers till he is nearly deaf with their continual talking, and then he is locked up until he shall die or find a verdict. Such at least is the intention of the constitution. The death, however, of three or four jurymen from starvation would not suit the humanity of the present age, and therefore, when extremities118 are nigh at hand, the dying jurymen, with medical certificates, are allowed to be carried off. It is devoutly119 to be wished that one juryman might be starved to death while thus serving the constitution; the absurdity120 then would cure itself, and a verdict of a majority would be taken.
But in Alaric's case, reason or hunger did prevail at the last moment, and as the judge was leaving the court, he was called back to receive the verdict. Alaric, also, was brought back, still under Mr. Gitemthruet's wing, and with him came Charley. A few officers of the court were there, a jailer and a policeman or two, those whose attendance was absolutely necessary, but with these exceptions the place was empty. Not long since men were crowding for seats, and the policemen were hardly able to restrain the pressure of those who pushed forward; but now there was no pushing; the dingy121, dirty benches, a few inches of which had lately been so desirable, were not at all in request, and were anything but inviting122 in appearance; Alaric sat himself down on the very spot which had lately been sacred to Mr. Chaffanbrass, and Mr. Gitemthruet, seated above him, might also fancy himself a barrister. There they sat for five minutes in perfect silence; the suspense123 of the moment cowed even the attorney, and Charley, who sat on the other side of Alaric, was so affected that he could hardly have spoken had he wished to do so.
And then the judge, who had been obliged to re-array himself before he returned to the bench, again took his seat, and an officer of the court inquired of the foreman of the jury, in his usual official language, what their finding was.
'Guilty on the third count,' said the foreman. 'Not guilty on the four others. We beg, however, most strongly to recommend the prisoner to your lordship's merciful consideration, believing that he has been led into this crime by one who has been much more guilty than himself.'
'I knew Mr. Chaffanbrass was wrong,' said Mr. Gitemthruet. 'I knew he was wrong when he acknowledged so much. God bless my soul! in a court of law one should never acknowledge anything! what's the use?'
And then came the sentence. He was to be confined at the Penitentiary124 at Millbank for six months. 'The offence,' said the judge, 'of which you have been found guilty, and of which you most certainly have been guilty, is one most prejudicial to the interests of the community. That trust which the weaker of mankind should place in the stronger, that reliance which widows and orphans125 should feel in their nearest and dearest friends, would be destroyed, if such crimes as these were allowed to pass unpunished. But in your case there are circumstances which do doubtless palliate the crime of which you have been guilty; the money which you took will, I believe, be restored; the trust which you were courted to undertake should not have been imposed on you; and in the tale of villany which has been laid before us, you have by no means been the worst offender126. I have, therefore, inflicted127 on you the slightest penalty which the law allows me. Mr. Tudor, I know what has been your career, how great your services to your country, how unexceptionable your conduct as a public servant; I trust, I do trust, I most earnestly, most hopefully trust, that your career of utility is not over. Your abilities are great, and you are blessed with the power of thinking; I do beseech you to consider, while you undergo that confinement128 which you needs must suffer, how little any wealth is worth an uneasy conscience.'
And so the trial was over. Alaric was taken off in custody129; the policeman in mufti was released from his attendance; and Charley, with a heavy heart, carried the news to Gertrude and Mrs. Woodward.
'And as for me,' said Gertrude, when she had so far recovered from the first shock as to be able to talk to her mother—'as for me, I will have lodgings130 at Millbank.'
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1
prosecution
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| n.起诉，告发，检举，执行，经营 | |
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rummaging
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| 翻找，搜寻( rummage的现在分词 )； 海关检查 | |
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honourable
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| adj.可敬的；荣誉的，光荣的 | |
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ass
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| n.驴；傻瓜，蠢笨的人 | |
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fortified
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| adj. 加强的 | |
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meditating
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| a.沉思的，冥想的 | |
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wig
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| n.假发 | |
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supercilious
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| adj.目中无人的，高傲的；adv.高傲地；n.高傲 | |
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accusation
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| n.控告，指责，谴责 | |
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prosecutors
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| 检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人 | |
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venom
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| n.毒液，恶毒，痛恨 | |
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virulence
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| n.毒力，毒性；病毒性；致病力 | |
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malice
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| n.恶意，怨恨，蓄意；[律]预谋 | |
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14
audacity
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| n.大胆，卤莽，无礼 | |
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15
incompatible
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| adj.不相容的，不协调的，不相配的 | |
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latitude
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| n.纬度，行动或言论的自由(范围)，(pl.)地区 | |
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invective
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| n.痛骂，恶意抨击 | |
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18
aver
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| v.极力声明；断言；确证 | |
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19
innocence
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| n.无罪；天真；无害 | |
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acerbity
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| n.涩，酸，刻薄 | |
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21
garb
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| n.服装，装束 | |
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hostility
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| n.敌对，敌意；抵制［pl.］交战，战争 | |
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23
undue
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| adj.过分的；不适当的；未到期的 | |
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24
parsimony
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| n.过度节俭，吝啬 | |
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25
guilt
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| n.犯罪；内疚；过失，罪责 | |
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persuasion
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| n.劝说；说服；持有某种信仰的宗派 | |
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entrusted
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| v.委托，托付( entrust的过去式和过去分词 ) | |
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confided
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| v.吐露（秘密，心事等）( confide的过去式和过去分词 )；（向某人）吐露（隐私、秘密等） | |
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29
refund
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| v.退还，偿还；n.归还，偿还额，退款 | |
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30
instigator
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| n.煽动者 | |
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31
proceeding
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| n.行动，进行，(pl.)会议录，学报 | |
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oration
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| n.演说，致辞，叙述法 | |
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33
complacently
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| adv. 满足地, 自满地, 沾沾自喜地 | |
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34
shuffle
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| n.拖著脚走，洗纸牌；v.拖曳，慢吞吞地走 | |
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35
thither
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| adv.向那里；adj.在那边的，对岸的 | |
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affected
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| adj.不自然的，假装的 | |
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37
prostrate
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| v.拜倒，平卧，衰竭；adj.拜倒的，平卧的，衰竭的 | |
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38
averted
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| 防止，避免( avert的过去式和过去分词 )； 转移 | |
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39
concealed
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| a.隐藏的，隐蔽的 | |
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alleged
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| a.被指控的，嫌疑的 | |
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41
misery
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| n.痛苦，苦恼，苦难；悲惨的境遇，贫苦 | |
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42
intercourse
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| n.性交；交流，交往，交际 | |
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43
confidential
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| adj.秘（机）密的，表示信任的，担任机密工作的 | |
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44
descend
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| vt./vi.传下来，下来，下降 | |
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45
grandeur
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| n.伟大，崇高，宏伟，庄严，豪华 | |
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46
scotch
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| n.伤口，刻痕；苏格兰威士忌酒；v.粉碎，消灭，阻止；adj.苏格兰(人)的 | |
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47
fixed
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| adj.固定的，不变的，准备好的；(计算机)固定的 | |
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48
betokened
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| v.预示，表示( betoken的过去式和过去分词 ) | |
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49
surmise
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| v./n.猜想，推测 | |
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50
virtue
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| n.德行，美德；贞操；优点；功效，效力 | |
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51
corks
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| n.脐梅衣；软木( cork的名词复数 )；软木塞 | |
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52
sundry
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| adj.各式各样的，种种的 | |
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53
unwilling
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| adj.不情愿的 | |
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54
glibly
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| adv.流利地，流畅地；满口 | |
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55
repayment
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| n.偿还，偿还款；报酬 | |
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56
beseech
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| v.祈求，恳求 | |
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57
expediency
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| n.适宜；方便；合算；利己 | |
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58
professed
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| 公开声称的，伪称的，已立誓信教的 | |
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59
scruple
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| n./v.顾忌，迟疑 | |
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60
steadily
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| adv.稳定地；不变地；持续地 | |
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61
prey
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| n.被掠食者，牺牲者，掠食；v.捕食，掠夺，折磨 | |
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62
condemning
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| v.（通常因道义上的原因而）谴责( condemn的现在分词 )；宣判；宣布…不能使用；迫使…陷于不幸的境地 | |
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63
hatred
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| n.憎恶，憎恨，仇恨 | |
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64
derisive
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| adj.嘲弄的 | |
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65
derisively
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| adv. 嘲笑地，嘲弄地 | |
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66
consolation
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| n.安慰，慰问 | |
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67
discomfiture
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| n.崩溃；大败；挫败；困惑 | |
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68
perspiration
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| n.汗水；出汗 | |
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69
kennel
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| n.狗舍，狗窝 | |
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70
solicitous
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| adj.热切的，挂念的 | |
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71
perfectly
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| adv.完美地，无可非议地，彻底地 | |
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72
hesitation
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| n.犹豫，踌躇 | |
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73
thoroughly
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| adv.完全地，彻底地，十足地 | |
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74
sarcasm
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| n.讥讽，讽刺，嘲弄，反话 （adj.sarcastic） | |
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75
scrap
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| n.碎片；废料；v.废弃，报废 | |
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76
memorandum
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| n.备忘录，便笺 | |
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77
browbeaten
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| v.（以言辞或表情）威逼，恫吓( browbeat的过去分词 ) | |
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78
indicted
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| 控告，起诉( indict的过去式和过去分词 ) | |
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perjury
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| n.伪证；伪证罪 | |
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80
writhing
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| （因极度痛苦而）扭动或翻滚( writhe的现在分词 ) | |
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81
torment
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| n.折磨；令人痛苦的东西(人)；vt.折磨；纠缠 | |
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82
eloquence
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| n.雄辩；口才，修辞 | |
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83
complaisance
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| n.彬彬有礼，殷勤，柔顺 | |
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84
retired
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| adj.隐退的，退休的，退役的 | |
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conspicuous
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| adj.明眼的，惹人注目的；炫耀的，摆阔气的 | |
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adjourned
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| （使）休会， （使）休庭( adjourn的过去式和过去分词 ) | |
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87
melancholy
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| n.忧郁，愁思；adj.令人感伤（沮丧）的，忧郁的 | |
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88
tavern
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| n.小旅馆，客栈；小酒店 | |
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connoisseurs
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| n.鉴赏家，鉴定家，行家( connoisseur的名词复数 ) | |
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prosecuting
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| 检举、告发某人( prosecute的现在分词 )； 对某人提起公诉； 继续从事（某事物）； 担任控方律师 | |
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sophistry
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| n.诡辩 | |
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92
affix
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| n.附件，附录 vt.附贴，盖(章)，签署 | |
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93
stigma
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| n.耻辱，污名；(花的)柱头 | |
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94
justified
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| a.正当的，有理的 | |
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corroborated
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| v.证实，支持（某种说法、信仰、理论等）( corroborate的过去式 ) | |
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enticed
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| 诱惑，怂恿( entice的过去式和过去分词 ) | |
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97
justify
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| vt.证明…正当(或有理)，为…辩护 | |
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98
wondrously
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| adv.惊奇地，非常，极其 | |
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99
glossed
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| v.注解( gloss的过去式和过去分词 )；掩饰（错误）；粉饰；把…搪塞过去 | |
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forth
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| adv.向前；向外，往外 | |
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whitewashed
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| 粉饰，美化，掩饰( whitewash的过去式和过去分词 ) | |
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102
alas
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| int.唉(表示悲伤、忧愁、恐惧等) | |
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103
artifice
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| n.妙计，高明的手段；狡诈，诡计 | |
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104
quail
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| n.鹌鹑；vi.畏惧，颤抖 | |
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paraphernalia
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| n.装备；随身用品 | |
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106
wigs
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| n.假发，法官帽( wig的名词复数 ) | |
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107
miscreants
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| n.恶棍，歹徒( miscreant的名词复数 ) | |
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108
awed
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| adj.充满敬畏的，表示敬畏的v.使敬畏，使惊惧( awe的过去式和过去分词 ) | |
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109
enchanted
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| adj. 被施魔法的，陶醉的，入迷的 动词enchant的过去式和过去分词 | |
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110
vindicating
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| v.澄清（某人/某事物）受到的责难或嫌疑( vindicate的现在分词 )；表明或证明（所争辩的事物）属实、正当、有效等；维护 | |
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imputation
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| n.归罪，责难 | |
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vended
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| v.出售（尤指土地等财产）( vend的过去式和过去分词 )；（尤指在公共场所）贩卖；发表（意见，言论）；声明 | |
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113
veal
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| n.小牛肉 | |
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114
boisterous
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| adj.喧闹的，欢闹的 | |
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115
peals
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| n.（声音大而持续或重复的）洪亮的响声( peal的名词复数 )；隆隆声；洪亮的钟声；钟乐v.（使）（钟等）鸣响，（雷等）发出隆隆声( peal的第三人称单数 ) | |
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116
ascertain
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| vt.发现，确定，查明，弄清 | |
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117
obstinate
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| adj.顽固的，倔强的，不易屈服的，较难治愈的 | |
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118
extremities
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| n.端点( extremity的名词复数 )；尽头；手和足；极窘迫的境地 | |
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119
devoutly
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| adv.虔诚地，虔敬地，衷心地 | |
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120
absurdity
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| n.荒谬，愚蠢；谬论 | |
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121
dingy
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| adj.昏暗的，肮脏的 | |
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122
inviting
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| adj.诱人的，引人注目的 | |
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123
suspense
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| n.（对可能发生的事）紧张感，担心，挂虑 | |
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124
penitentiary
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| n.感化院；监狱 | |
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125
orphans
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| 孤儿( orphan的名词复数 ) | |
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126
offender
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| n.冒犯者，违反者，犯罪者 | |
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127
inflicted
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| 把…强加给，使承受，遭受( inflict的过去式和过去分词 ) | |
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128
confinement
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| n.幽禁，拘留，监禁；分娩；限制，局限 | |
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129
custody
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| n.监护，照看，羁押，拘留 | |
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lodgings
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| n. 出租的房舍, 寄宿舍 | |
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