There had of course been much question as to the witnesses to be selected. The Duchess of Omnium had been anxious to be one, but the Duke had forbidden it, telling his wife that she really did not know the man, and that she was carried away by a foolish enthusiasm. Lady Cantrip when asked had at once consented. She had known Phineas Finn when he had served under her husband, and had liked him much. Then what other woman’s tongue should be brought to speak of the man’s softness and tender bearing! It was out of the question that Lady Laura Kennedy should appear. She did not even propose it when her brother with unnecessary sternness told her it could not be so. Then his wife looked at him. “You shall go,” said Lord Chiltern, “if you feel equal to it. It seems to be nonsense, but they say that it is important.”
“I will go,” said Violet, with her eyes full of tears. Afterwards when her sister-in-law besought her to be generous in her testimony, she only smiled as she assented. Could generosity go beyond hers?
Lord Chiltern preceded his wife. “I have,” he said, “known Mr. Finn well, and have loved him dearly. I have eaten with him and drank with him, have ridden with him, have lived with him, and have quarrelled with him; and I know him as I do my own right hand.” Then he stretched forth his arm with the palm extended.
“Irrespectively of the evidence in this case you would not have thought him to be a man likely to commit such a crime?” asked Serjeant Birdbolt.
“I am quite sure from my knowledge of the man that he could not commit a murder,” said Lord Chiltern; “and I don’t care what the evidence is.”
Then came his wife, and it certainly was a pretty sight to see as her husband led her up to the box and stood close beside her as she gave her evidence. There were many there who knew much of the history of her life, — who knew that passage in it of her early love, — for the tale had of course been told when it was whispered about that Lady Chiltern was to be examined as a witness. Every ear was at first strained to hear her words; — but they were audible in every corner of the Court without any effort. It need hardly be said that she was treated with the greatest deference on every side. She answered the questions very quietly, but apparently without nervousness. “Yes; she had known Mr. Finn long, and intimately, and had very greatly valued his friendship. She did so still, — as much as ever. Yes; she had known him for some years, and in circumstances which she thought justified her in saying that she understood his character. She regarded him as a man who was brave and tender-hearted, soft in feeling and manly in disposition. To her it was quite incredible that he should have committed a crime such as this. She knew him to be a man prone to forgive offences, and of a sweet nature.” And it was pretty too to watch the unwonted gentleness of old Chaffanbrass as he asked the questions, and carefully abstained from putting any one that could pain her. Sir Gregory said that he had heard her evidence with great pleasure, but that he had no question to ask her himself. Then she stepped down, again took her husband’s arm, and left the Court amidst a hum of almost affectionate greeting.
And what must he have thought as he stood there within the dock, looking at her and listening to her? There had been months in his life when he had almost trusted that he would succeed in winning that fair, highly-born, and wealthy woman for his wife; and though he had failed, and now knew that he had never really touched her heart, that she had always loved the man whom, — though she had rejected him time after time because of the dangers of his ways, — she had at last married, yet it must have been pleasant to him, even in his peril, to hear from her own lips how well she had esteemed him. She left the Court with her veil down, and he could not catch her eye; but Lord Chiltern nodded to him in his old pleasant familiar way, as though to bid him take courage, and to tell him that all things would even yet be well with him.
The evidence given by Lady Cantrip and her husband and by Mr. Monk was equally favourable. She had always regarded him as a perfect gentleman. Lord Cantrip had found him to be devoted to the service of the country, — modest, intelligent, and high-spirited. Perhaps the few words which fell from Mr. Monk were as strong as any that were spoken. “He is a man whom I have delighted to call my friend, and I have been happy to think that his services have been at the disposal of his country.”
Sir Gregory Grogram replied. It seemed to him that the evidence was as he had left it. It would be for the jury to decide, under such directions as his lordship might be pleased to give them, how far that evidence brought the guilt home to the prisoner. He would use no rhetoric in pushing the case against the prisoner; but he must submit to them that his learned friend had not shown that acquaintance with human nature which the gentleman undoubtedly possessed in arguing that there had lacked time for the conception and execution of the crime. Then, at considerable length, he strove to show that Mr. Chaffanbrass had been unjustly severe upon Lord Fawn.
It was late in the afternoon when Sir Gregory had finished his speech, and the judge’s charge was reserved for a sixth day.
CHAPTER LXIV
Confusion in the Court
On the following morning it was observed that before the judges took their seats Mr. Chaffanbrass entered the Court with a manner much more brisk than was expected from him now that his own work was done. As a matter of course he would be there to hear the charge, but, almost equally as a matter of course, he would be languid, silent, cross, and unenergetic. They who knew him were sure, when they saw his bearing on this morning, that he intended to do something more before the charge was given. The judges entered the Court nearly half an hour later than usual, and it was observed with surprise that they were followed by the Duke of Omnium. Mr. Chaffanbrass was on his feet before the Chief Justice had taken his seat, but the judge was the first to speak. It was observed that he held a scrap of paper in his hand, and that the barrister held a similar scrap. Then every man in the Court knew that some message had come suddenly by the wires. “I am informed, Mr. Chaffanbrass, that you wish to address the Court before I begin my charge.”
“Yes, my lud; and I am afraid, my lud, that I shall have to ask your ludship to delay your charge for some days, and to subject the jury to the very great inconvenience of prolonged incarceration for another week; — either to do that or to call upon the jury to acquit the prisoner. I venture to assert, on my own peril, that no jury can convict the prisoner after hearing me read that which I hold in my hand.” Then Mr. Chaffanbrass paused, as though expecting that the judge would speak; — but the judge said not a word, but sat looking at the old barrister over his spectacles.
Every eye was turned upon Phineas Finn, who up to this moment had heard nothing of these new tidings, — who did not in the least know on what was grounded the singularly confident, — almost insolently confident assertion which Mr. Chaffanbrass had made in his favour. On him the effect was altogether distressing. He had borne the trying week with singular fortitude, having stood there in the place of shame hour after hour, and day after day, expecting his doom. It had been to him as a lifetime of torture. He had become almost numb from the weariness of his position and the agonising strain upon his mind. The gaoler had offered him a seat from day to day, but he had always refused it, preferring to lean upon the rail and gaze upon the Court. He had almost ceased to hope for anything except the end of it. He had lost count of the days, and had begun to feel that the trial was an eternity of torture in itself. At nights he could not sleep, but during the Sunday, after Mass, he had slept all day. Then it had begun again, and when the Tuesday came he hardly knew how long it had been since that vacant Sunday. And now he heard the advocate declare, without knowing on what ground the declaration was grounded, that the trial must be postponed, or that the jury must be instructed to acquit him.
“This telegram has reached us only this morning,” continued Mr. Chaffanbrass. “‘Mealyus had a house door-key made in Prague. We have the mould in our possession, and will bring the man who made the key to England.’ Now, my lud, the case in the hands of the police, as against this man Mealyus, o
r Emilius, as he has chosen to call himself, broke down altogether on the presumption that he could not have let himself in and out of the house in which he had put himself to bed on the night of the murder. We now propose to prove that he had prepared himself with the means of doing so, and had done so after a fashion which is conclusive as to his having required the key for some guilty purpose. We assert that your ludship cannot allow the case to go to the jury without taking cognisance of this telegram; and we go further, and say that those twelve men, as twelve human beings with hearts in their bosoms and ordinary intelligence at their command, cannot ignore the message, even should your ludship insist upon their doing so with all the energy at your disposal.”
Then there was a scene in Court, and it appeared that no less than four messages had been received from Prague, all to the same effect. One had been addressed by Madame Goesler to her friend the Duchess, — and that message had caused the Duke’s appearance on the scene. He had brought his telegram direct to the Old Bailey, and the Chief Justice now held it in his hand. The lawyer’s clerk who had accompanied Madame Goesler had telegraphed to the Governor of the gaol, to Mr. Wickerby, and to the Attorney-General. Sir Gregory, rising with the telegram in his hand, stated that he had received the same information. “I do not see,” said he, “that it at all alters the evidence as against the prisoner.”
“Let your evidence go to the jury, then,” said Mr. Chaffanbrass, “with such observations as his lordship may choose to make on the telegram. I shall be contented. You have already got your other man in prison on a charge of bigamy.”
“I could not take notice of the message in charging the jury, Mr. Chaffanbrass,” said the judge. “It has come, as far as we know, from the energy of a warm friend, — from that hearty friendship with which it seemed yesterday that this gentleman, the prisoner at the bar, has inspired so many men and women of high character. But it proves nothing. It is an assertion. And where should we all be, Mr. Chaffanbrass, if it should appear hereafter that the assertion is fictitious, — prepared purposely to aid the escape of a criminal?”
“I defy you to ignore it, my lord.”
“I can only suggest, Mr. Chaffanbrass,” continued the judge, “that you should obtain the consent of the gentlemen on the other side to a postponement of my charge.”
Then spoke out the foreman of the jury. Was it proposed that they should be locked up till somebody should come from Prague, and that then the trial should be recommenced? The system, said the foreman, under which Middlesex juries were chosen for service in the City was known to be most horribly cruel; — but cruelty to jurymen such as this had never even been heard of. Then a most irregular word was spoken. One of the jurymen declared that he was quite willing to believe the telegram. “Every one believes it,” said Mr. Chaffanbrass. Then the Chief Justice scolded the juryman, and Sir Gregory Grogram scolded Mr. Chaffanbrass. It seemed as though all the rules of the Court were to be set at defiance. “Will my learned friend say that he doesn’t believe it?” asked Mr. Chaffanbrass. “I neither believe nor disbelieve it; but it cannot affect the evidence,” said Sir Gregory. “Then send the case to the jury,” said Mr. Chaffanbrass. It seemed that everybody was talking, and Mr. Wickerby, the attorney, tried to explain it all to the prisoner over the bar of the dock, not in the lowest possible voice. The Chief Justice became angry, and the guardian of the silence of the Court bestirred himself energetically. “My lud,” said Mr. Chaffanbrass, “I maintain that it is proper that the prisoner should be informed of the purport of these telegrams. Mercy demands it, and justice as well.” Phineas Finn, however, did not understand, as he had known nothing about the latch-key of the house in Northumberland Street.
Something, however, must be done. The Chief Justice was of opinion that, although the preparation of a latch-key in Prague could not really affect the evidence against the prisoner, — although the facts against the prisoner would not be altered, let the manufacture of that special key be ever so clearly proved, — nevertheless the jury were entitled to have before them the facts now tendered in evidence before they could be called upon to give a verdict, and that therefore they should submit themselves, in the service of their country, to the very serious additional inconvenience which they would be called upon to endure. Sundry of the jury altogether disagreed with this, and became loud in their anger. They had already been locked up for a week. “And we are quite prepared to give a verdict,” said one. The judge again scolded him very severely; and as the Attorney-General did at last assent, and as the unfortunate jurymen had no power in the matter, so it was at last arranged. The trial should be postponed till time should be given for Madame Goesler and the blacksmith to reach London from Prague.
If the matter was interesting to the public before, it became doubly interesting now. It was of course known to everybody that Madame Goesler had undertaken a journey to Bohemia, — and, as many supposed, a roving tour through all the wilder parts of unknown Europe, Poland, Hungary, and the Principalities for instance, — with the object of looking for evidence to save the life of Phineas Finn; and grandly romantic tales were told of her wit, her wealth, and her beauty. The story was published of the Duke of Omnium’s will, only not exactly the true story. The late Duke had left her everything at his disposal, and, it was hinted that they had been privately married just before the Duke’s death. Of course Madame Goesler became very popular, and the blacksmith from Prague who had made the key was expected with an enthusiasm which almost led to preparation for a public reception.
And yet, let the blacksmith from Prague be ever so minute in his evidence as to the key, let it be made as clear as running water that Mealyus had caused to be constructed for him in Prague a key that would open the door of the house in Northumberland Street, the facts as proved at the trial would not be at all changed. The lawyers were much at variance with their opinions on the matter, some thinking that the judge had been altogether wrong in delaying his charge. According to them he should not have allowed Mr. Chaffanbrass to have read the telegram in Court. The charge should have been given, and the sentence of the Court should have been pronounced if a verdict of guilty were given. The Home Secretary should then have granted a respite till the coming of the blacksmith, and have extended this respite to a pardon, if advised that the circumstances of the latch-key rendered doubtful the propriety of the verdict. Others, however, maintained that in this way a grievous penalty would be inflicted on a man who, by general consent, was now held to be innocent. Not only would he, by such an arrangement of circumstances, have been left for some prolonged period under the agony of a condemnation, but, by the necessity of the case, he would lose his seat for Tankerville. It would be imperative upon the House to declare vacant by its own action a Seat held by a man condemned to death for murder, and no pardon from the Queen or from the Home Secretary would absolve the House from that duty. The House, as a House of Parliament, could only recognise the verdict of the jury as to the man’s guilt. The Queen, of course, might pardon whom she pleased, but no pardon from the Queen would remove the guilt implied by the sentence. Many went much further than this, and were prepared to prove that were he once condemned he could not afterwards sit in the House, even if re-elected.
Now there was unquestionably an intense desire, — since the arrival of these telegrams, — that Phineas Finn should retain his seat. It may be a question whether he would not have been the most popular man in the House could he have sat there on the day after the telegrams arrived. The Attorney-General had declared, — and many others had declared with him, — that this information about the latch-key did not in the least affect the evidence as given against Mr. Finn. Could it have been possible to convict the other man, merely because he had surreptitiously caused a door-key of the house in which he lived to be made for him? And how would this new information have been received had Lord Fawn sworn unreservedly that the man he had seen running out of the mews had been Phineas Finn? It was acknowledged that the latchkey could not be accepted
as sufficient evidence against Mealyus. But nevertheless the information conveyed by the telegrams altogether changed the opinion of the public as to the guilt or innocence of Phineas Finn. His life now might have been insured, as against the gallows, at a very low rate. It was felt that no jury could convict him, and he was much more pitied in being subjected to a prolonged incarceration than even those twelve unfortunate men who had felt sure that the Wednesday would have been the last day of their unmerited martyrdom.
Phineas in his prison was materially circumstanced precisely as he had been before the trial. He was supplied with a profusion of luxuries, could they have comforted him; and was allowed to receive visitors. But he would see no one but his sisters, — except that he had one interview with Mr. Low. Even Mr. Low found it difficult to make him comprehend the exact condition of the affair, and could not induce him to be comforted when he did understand it. What had he to do, — how could his innocence or his guilt be concerned, — with the manufacture of a paltry key by such a one as Mealyus? How would it have been with him and with his name for ever if this fact had not been discovered? “I was to be hung or saved from hanging according to the chances of such a thing as this! I do not care for my life in a country where such injustice can be done.” His friend endeavoured to assure him that even had nothing been heard of the key the jury would have acquitted him. But Phineas would not believe him. It had seemed to him as he had listened to the whole proceeding that the Court had been against him. The Attorney and Solicitor-General had appeared to him resolved upon hanging him, — men who had been, at any rate, his intimate acquaintances, with whom he had sat on the same bench, who ought to have known him. And the judge had taken the part of Lord Fawn, who had seemed to Phineas to be bent on swearing away his life. He had borne himself very gallantly during that week, having in all his intercourse with his attorney, spoken without a quaver in his voice, and without a flaw in the perspicuity of his intelligence. But now, when Mr. Low came to him, explaining to him that it was impossible that a verdict should be found against him, he was quite broken down. “There is nothing left of me,” he said at the end of the interview. “I feel that I had better take to my bed and die. Even when I think of all that friends have done for me, it fails to cheer me. In this matter I should not have had to depend on friends. Had not she gone for me to that place every one would have believed me to be a murderer.”
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