Part 40 (1/2)

'Then you understood the prisoner not to express a deliberate purpose, so much as a vague design.'

'Just so,' said Aubrey. 'A design that depended on how things went on at the mill.' And being desired to explain his words, he added, that Leonard had said he could not bear the sight of Sam Axworthy's tyranny over the old man, and was resolved not to stay, if he were made a party to any of the dishonest tricks of the trade.

'In that case, did he say where he would have gone?'

'First to New Zealand, to my brother, the Reverend Norman May.'

Leonard's counsel was satisfied with the colour the conversation had now a.s.sumed; but the perils of re-examination were not over yet, for the adverse lawyer requested to know whence the funds were to have come for this adventurous voyage.

'We laughed a little about that, and he said he should have to try how far his quarter's salary would go towards a pa.s.sage in the steerage.'

'If your friend expressed so strong a distaste to his employers and their business, what induced him to enter it?'

Leonard's counsel again objected to this inquiry, and it was not permitted. Aubrey was dismissed, and, flushed and giddy, was met by his brother Tom, who almost took him in his arms as he emerged from the pa.s.sage.

'O, Tom! what have I done?'

'Famously, provided there's no miller in the jury. Come,' as he felt the weight on his arm, 'Flora says I am to take you down and make you take something.'

'No, no, no, I can't! I must go back.'

'I tell you there's nothing going on. Every one is breathing and baiting.' And he got him safe to a pastrycook's, and administered brandy cherries, which Aubrey bolted whole like pills, only entreating to return, and wanting to know how he thought the case going.

'Excellently. Hazlitt's evidence and yours ought to carry him through.

And Anderson says they have made so much out of the witnesses for the prosecution, that they need call none for the defence; and so the enemy will be balked of their reply, and we shall have the last word. I vow I have missed my vocation. I know I was born for a barrister!'

'Now may we come back?' said the boy, overwhelmed by his brother's cheeriness; and they squeezed into court again, Tom inserting Aubrey into his own former seat, and standing behind him on half a foot at the angle of the pa.s.sage. They were in time for the opening of the defence, and to hear Leonard described as a youth of spirit and promise, of a disposition that had won him general affection and esteem, and recommended to universal sympathy by the bereavement which was recent in the memory of his fellow-townsmen; and there was a glance at the mourning which the boy still wore.

'They had heard indeed that he was quick-tempered and impulsive; but the gentlemen of the jury were some of them fathers, and he put it to them whether a ready and generous spirit of indignation in a lad were compatible with cowardly designs against helpless old age; whether one whose recreations were natural science and manly exercise, showed tokens of vicious tendencies; above all, whether a youth, whose friends.h.i.+p they had seen so touchingly claimed by a son of one of the most highly respected gentlemen in the county, were evincing the propensities that lead to the perpetration of deeds of darkness.'

Tom patted Aubrey on the shoulder; and Aubrey, though muttering 'humbug,' was by some degrees less wretched.

'Men did not change their nature on a sudden,' the counsel continued; 'and where was the probability that a youth of character entirely unblemished, and of a disposition particularly humane and generous, should at once rush into a crime of the deep and deadly description, to which a long course of dissipation, leading to perplexity, distress, and despair, would be the only inducement?'

He then went on to speak of Leonard's position at the mill, as junior clerk. He had been there for six months, without a flaw being detected, either in his integrity, his diligence, or his regularity; indeed, it was evident that he had been gradually acquiring a greater degree of esteem and confidence than he had at first enjoyed, and had been latterly more employed by his uncle. That a young man of superior education should find the daily drudgery tedious and distasteful, and that one of sensitive honour should be startled at the ordinary, he might almost say proverbial, customs of the miller's trade, was surprising to no one; and that he should unbosom himself to a friend of his own age, and indulge together with him in romantic visions of adventure, was, to all who remembered their own boyhood, an ill.u.s.tration of the freshness and ingenuousness of the character that thus unfolded itself. Where there were day-dreams, there was no room for plots of crime.

Then ensued a species of apology for the necessity of entering into particulars that did not redound to the credit of a gentleman, who had appeared before the court under such distressing circ.u.mstances as Mr.

Samuel Axworthy; but it was needful that the condition of the family should be well understood, in order to comprehend the unhappy train of events which had conducted the prisoner into his present situation. He then went through what had been traceable through the evidence--that Samuel Axworthy was a man of expensive habits, and accustomed to drain his uncle's resources to supply his own needs; showing how the sum, which had been intrusted to the prisoner, to be paid into the local bank, had been drawn out by the elder nephew as soon as he became aware of the deposit; and how, shortly after, the prisoner had expressed to Aubrey May his indignation at the tyranny exercised on his uncle.

'By and by, another sum is ama.s.sed,' continued Leonard's advocate. 'How dispose of it? The local bank is evidently no security from the rapacity of the elder nephew. Once aware of its existence, he knows how to use means for compelling its surrender; and the feeble old man can no longer call his hard-earned gains his own except on sufferance.

The only means of guarding it is to lodge it secretly in a distant bank, without the suspicion of his nephew Samuel; but the invalid is too infirm to leave his apartment; his fingers, crippled by gout, refuse even to guide the pen. He can only watch for an opportunity, and this is at length afforded by the absence of the elder nephew for two days at the county races. This will afford time for a trustworthy and intelligent messenger to convey the sum to town, deposit it in Messrs, Drummond's bank, and return un.o.bserved. When, therefore, supper is brought in, Mr. Axworthy sends for the lad on whom he has learnt to depend, and shows much disappointment at his absence. Where is he? Is he engaged with low companions in the haunts of vice, that are the declivity towards crime? Is he gaming, or betting, or drinking? No.

He has obeyed the summons of his country; he is a zealous volunteer, and is eagerly using a weapon presented to him by a highly respected gentleman of large fortune in a neighbouring county; nay, so far is he from any sinister purpose, that he is making an appointment with a fellow-rifleman for the ensuing Monday. On his return at dark, he receives a pressing summons to his uncle's room, and hastens to obey it without pausing to lay aside his rifle. The commission is explained, and well understanding the painfulness of the cause, he discreetly asks no questions, but prepares to execute it. The sum of 124 12s. is taken from the drawer of the desk, the odd money a.s.signed to travelling expenses, the 120 placed in a bag brought in from the office for the purpose, bearing the initials of the owner, and a receipt in a private pocket-book was signed by him for the amount, and left open on the table for the ink to dry.

'Who that has ever been young, can doubt the zest and elevation of receiving for the first time a confidential mission? Who can doubt that even the favourite weapon would be forgotten where it stood, and that it would only be accordant to accredited rules that the window should be preferable to the door? Had it not already figured in the visions of adventure in the Sunday evening's walk? was it not a favourite mode of exit in the mornings, when bathing and fis.h.i.+ng were more attractive than the pillow! Moreover, the moonlight disclosed what appeared like a figure in the court-yard, and there was reason at the time to suppose it a person likely to observe and report upon the expedition. The opening of the front door might likewise attract notice; and if the cousin should, as was possible, return that night, the direct road was the way to meet him. The hour was too early for the train which was to be met, but a lighted candle would reveal the vigil, and moonlight on the meadows was attractive at eighteen.

Gentlemen of soberer and maturer years might be incredulous, but surely it was not so strange or unusual for a lad, who indulged in visions of adventure, to find a moonlight walk by the river-side more inviting than a bed-room.

'Shortly after, perhaps as soon as the light was extinguished, the murder must have been committed. The very presence of that light had been guardians.h.i.+p to the helpless old man below. When it was quenched, nothing remained astir, the way from without was open, the weapon stood only too ready to hand, the memorandum-book gave promise of booty and was secured, though nothing else was apparently touched. It was this very book that contained the signature that would have exonerated the prisoner, and to which he fearlessly appealed upon his arrest at the Paddington Station, before, for his additional misfortune, he had time to discharge himself of his commission, and establish his innocence by the deposit of the money at the bank. He has thus for a while become the victim of a web of suspicious circ.u.mstances. But look at these very circ.u.mstances more closely, and they will be found perfectly consistent with the prisoner's statement, never varying, be it remembered, from the explanation given to the policeman in first surprise and horror of the tidings of the crime.

'It might have been perhaps thought that there was another alternative between entire innocence and a deliberate purpose of robbery and murder-namely, that reproof from the old man had provoked a blow, and that the means of flight had been hastily seized upon in the moment of confusion and alarm. This might have been a plausible line of defence, and secure of a favourable hearing; but I beg to state that the prisoner has distinctly refused any such defence, and my instructions are to contend for his perfect innocence. A nature such as we have already traced is, as we cannot but perceive, revolted by the bare idea of violence to the aged and infirm, and recoils as strongly from the one accusation as from the other.