He was subjected to a rigid cross-examination, but his testimony was not shaken in the least. Perhaps not one present but was impressed with its truth.
Afy Hallijohn was recalled, and questioned as to Richard's presence at her father's house that night. It tallied with the account given by Richard; but it had to be drawn from her.
"Why did you decline to receive Richard Hare into the cottage, after appointing him to come?"
"Because I chose," returned Afy.
"Tell the jury why you chose."
"Well, I had got a friend with me--it was Captain Thorn," she added, feeling that she should only be questioned on this point, so might as well acknowledge it. "I did not admit Richard Hare, for I fancied they might get up a quarrel if they were together."
"For what purpose did Richard Hare bring down his gun--do you know?"
"It was to lend to my father. My father's gun had something the matter with it, and was at the smith's. I had heard him, the previous day, ask Mr. Richard to lend him one of his, and Mr. Richard said he would bring one, as he did."
"You lodged the gun against the wall--safely?"
"Quite safely."
"Was it touched by you, after placing it there, or by the prisoner?"
"I did not touch it; neither did he, that I saw. It was that same gun which was afterward found near my father, and had been discharged."
The next witness called was Otway Bethel. He also held share in the curiosity of the public, but not in equal degree with Afy, still less with Richard Hare. The substance of his testimony was as follows:--
"On the evening that Hallijohn was killed, I was in the Abbey Wood, and I saw Richard Hare come down the path with a gun, as if he had come down from his own home."
"Did Richard Hare see you?"
"No; he could not see me; I was right in the thicket. He went to the cottage door, and was about to enter, when Afy Hallijohn came hastily out of it, pulling the door to behind her, and holding it in her hand, as if afraid he would go in. Some colloquy ensued, but I was too far off to hear it; and then she took the gun from him and went indoors. Some time after that I saw Richard Hare amid the trees at a distance, farther off the cottage, then, than I was, and apparently watching the path. I was wondering what he was up to, hiding there, when I head a shot fired, close, as it seemed, to the cottage, and--"
"Stop a bit, witness. Could that shot have been fired by Richard Hare?"
"It could not. He was a quarter of a mile, nearly, away from it. I was much nearer the cottage than he."
"Go on."
"I could not imagine what that shot meant, or who could have fired it --not that I suspected mischief--and I knew that poachers did not congregate so near Hallijohn's cottage. I set off to reconnoiter, and as I turned the corner, which brought the house within my view, I saw Captain Thorn, as he was called, come leaping out of it. His face was white with terror, his breath was gone--in short, I never saw any living man betray so much agitation. I caught his arm as he would have passed me. 'What have you been about?' I asked. 'Was it you that fired?' He--"
"Stay. Why did you suspect him?"
"From his state of excitement--from the terror he was in--that some ill had happened, I felt sure; and so would you, had you seen him as I did. My arresting him increased his agitation; he tried to throw me off, but I am a strong man, and I suppose he thought it best to temporize. 'Keep dark upon it, Bethel,' he said, 'I will make it worth your while. The thing was not premeditated; it was done in the heat of passion. What business had the fellow to abuse me? I have done no harm to the girl.' As he thus spoke, he took out a pocket book with the hand that was at liberty; I held the other--"
"As the prisoner thus spoke, you mean?"
"The prisoner. He took a bank-note from his pocket book, and thrust it into my hands. It was a note for fifty pounds. 'What's done can't be undone, Bethel,' he said, 'and your saying that you saw me here can serve no good turn. Shall it be silence?' I took the note and answered that it should be silence. I had not the least idea that anybody was killed."
"What did you suppose had happened, then?"
"I could not suppose; I could not think; it all passed in the haste and confusion of a moment, and no definite idea occurred to me. Thorn flew on down the path, and I stood looking after him. The next was I heard footsteps, and I slipped within the trees. They were those of Richard Hare, who took the path to the cottage. Presently he returned, little less agitated than Thorn had been. I had gone into an open space, then, and he accosted me, asking if I had seen 'that hound' fly from the cottage? 'What hound?' I asked of him. 'That fine fellow, that Thorn, who comes after Afy,' he answered, but I stoutly denied that I had seen any one. Richard Hare continued his way, and I afterward found that Hallijohn was killed."
"And so you took a bribe to conceal one of the foulest crimes that man ever committed, Mr. Otway Bethel!"
"I took the money, and I am ashamed to confess it. But it was done without reflection. I swear that had I known what crime it was intended to hush up, I never would have touched it. I was hard up for funds, and the amount tempted me. When I discovered what had really happened, and that Richard Hare was accused, I was thunderstruck at my own deed; many a hundred times since have I cursed the money; and the fate of Richard has been as a heavy weight upon my conscience."
"You might have lifted the weight by confessing."
"To what end? It was too late. Thorn had disappeared. I never heard of him, or saw him, until he came to West Lynne this last spring, as Sir Francis Levison, to oppose Mr. Carlyle. Richard Hare had also disappeared--had never been seen or heard of, and most people supposed he was dead. To what end then should I confess? Perhaps only to be suspected myself. Besides, I had taken the money upon a certain understanding, and it was only fair that I should keep to it."
If Richard Hare was subjected to a severe cross-examination, a far more severe one was awaiting Otway Bethel. The judge spoke to him only once, his tone ringing with reproach.
"It appears then, witness, that you have retained within you, all these years, the proofs of Richard Hare's innocence?"
"I can only acknowledge it with contrition, my lord."
"What did you know of Thorn in those days?" asked the counsel.
"Nothing, save that he frequented the Abbey Wood, his object being Afy Hallijohn. I had never exchanged a word with him until that night; but I knew his name, Thorn--at least, the one he went by, and by his addressing me as Bethel, it appeared that he knew mine."
The case for the prosecution closed. An able and ingenious speech was made for the defence, the learned counsel who offered it contending that there was still no proof of Sir Francis having been the guilty man. Neither was there any proof that the catastrophe was not the result of pure accident. A loaded gun, standing against a wall in a small room, was not a safe weapon, and he called upon the jury not rashly to convict in the uncertainty, but to give the prisoner the benefit of the doubt. He should call no witnesses, he observed, not even to character. Character! for Sir Francis Levison! The court burst into a grin; the only sober face in it being that of the judge.
The judge summed up. Certainly not in the prisoner's favor; but, to use the expression of some amidst the audience, dead against him. Otway Bethel came in for a side shaft or two from his lordship; Richard Hare for sympathy. The jury retired about four o'clock, and the judge quitted the bench.
A very short time they were absent. Scarcely a quarter of an hour. His lordship returned into court, and the prisoner was again placed in the dock. He was the hue of marble, and, in his nervous agitation, kept incessantly throwing back his hair from his forehead--the action already spoken of. Silence was proclaimed.
"How say you, gentlemen of the jury? Guilty, or not guilty?"
"GUILTY."
It was a silence to be felt; and the prisoner gasped once or twice convulsively.
"But," said the foreman, "we wish to recommend him to mercy."
"On what grounds?" inquired the judge.
"Because, my lord, we believe it was not a crime planned by the prisoner beforehand, but arose out of the bad passions of the moment, and was so committed."
The judge paused, and drew something black from the receptacle of his pocket, buried deep in his robes.
"Prisoner at the bar! Have you anything to urge why sentence of death should not be passed upon you?"
The prisoner clutched the front of the dock. He threw up his head, as if shaking off the dread fear which had oppressed him, and the marble of his face changed to scarlet.
"Only this, my lord. The jury, in giving their reason for recommending me to your lordship's mercy, have adopted the right view of the case as it actually occurred. The man Hallijohn's life was taken by me, it will be useless for me to deny, in the face of the evidence given this day, but it was not taken in malice. When I quitted the girl, Afy, and went to the cottage for my hat, I no more contemplated injuring mortal man than I contemplate it at this moment. He was there, the father, and in the dispute that ensued the catastrophe occurred. My lord, it was not wilful murder."
The prisoner ceased, and the judge, the black cap on his head, crossed his hands one upon the other.
"Prisoner at the bar. You have been convicted by clear and undoubted evidence of the crime of wilful murder. The jury have pronounced you guilty; and in their verdict I entirely coincide. That you took the life of that ill-fated and unoffending man, there is no doubt; you have, yourself, confessed it. It was a foul, a barbarous, a wicked act. I care not for what may have been the particular circumstances attending it; he may have provoked you by words; but no provocation of that nature could justify your drawing the gun upon him. Your counsel urged that you were a gentleman, a member of the British aristocracy, and therefore deserved consideration. I confess that I was much surprised to hear such a doctrine fall from his lips. In my opinion, you being what you are, your position in life makes your crime the worse, and I have always maintained that when a man possessed of advantages falls into sin, he deserves less consideration than does one who is poor, simple, and uneducated. Certain portions of the evidence given to-day (and I do not now allude to the actual crime) tell very greatly against you, and I am sure not one in the court but must have turned from them with abhorrence. You were pursuing the daughter of this man with no honorable purpose--and in this point your conduct contrasts badly with the avowal of Richard Hare, equally a gentleman with yourself. In this pursuit you killed her father; and not content with that, you still pursued the girl--and pursued her to ruin, basely deceiving her as to the actual facts, and laying the crime upon another. I cannot trust myself to speak further upon this point, nor is it necessary that I should; it is not to answer for that, that you stand before me. Uncalled, unprepared, and by you unpitied, you hurried that unfortunate man into eternity, and you must now expiate the crime with your own life. The jury have recommended you to mercy, and the recommendation will be forwarded in due course to the proper quarter, but you must be aware how frequently this clause is appended to a verdict, and how very rarely it is attended to, just cause being wanting. I can but enjoin you, and I do so most earnestly, to pass the little time that probably remains to you on earth in seeking repentance and forgiveness. You are best aware, yourself, what your past life has been; the world knows somewhat of it; but there is pardon above for the most guilty, when it is earnestly sought. It now only remains for me to pass the sentence of the law. It is, that you, Francis Levison, be taken back to the place from whence you came, and thence to the place of execution, and that you be there hanged by the neck until you are dead. And may the Lord God Almighty have mercy on your soul!"
"Amen!"
The court was cleared. The day's excitement was over, and the next case was inquired for. Not quite over, however, yet, the excitement, and the audience crowded in again. For the next case proved to be the arraignment of Richard Hare the younger. A formal proceeding merely, in pursuance of the verdict of the coroner's inquest. No evidence was offered against him, and the judge ordered him to be discharged. Richard, poor, ill-used, baited Richard was a free man again.
Then ensued the scene of all scenes. Half, at least, of those present, were residents of, or from near West Lynne. They had known Richard Hare from infancy--they had admired the boy in his pretty childhood-- they had liked him in his unoffending boyhood, but they had been none the less ready to cast their harsh stones at him, and to thunder down their denunciations when the time came. In proportion to their fierceness then, was their contrition now; Richard had been innocent all the while; they had been more guilty than he.
An English mob, gentle or simple, never gets up its excitement by halves. Whether its demonstration be of a laudatory or a condemnatory nature, the steam is sure to be put on to bursting point. With one universal shout, with one bound, they rallied round Richard; they congratulated him; they overwhelmed him with good wishes; they expressed with shame their repentance; they said the future would atone for the past. Had he possessed a hundred hands, they would have been shaken off. And when Richard extracted himself, and turned, in his pleasant, forgiving, loving nature, to his father, the stern old justice, forgetting his pride and pomposity, burst into tears and sobbed like a child, as he murmured something about his also needing forgiveness.
"Dear father," cried Richard, his own eyes wet, "it is forgiven and forgotten already. Think how happy we shall be again together, you, and I, and my mother."
The justice's hands, which had been wound around his son, relaxed their hold. They were twitching curiously; the body also began to twitch, and he fell upon the shoulder of Colonel Bethel in a second stroke of paralysis.
CHAPTER XLIII.
THE DEATH CHAMBER.
By the side of William Carlyle's dying bed knelt the Lady Isabel. The time was at hand, and the boy was quite reconciled to his fate. Merciful, indeed, is God to dying children! It is astonishing how very readily, when the right means are taken, they may be brought to look with pleasure, rather than fear, upon their unknown journey.
