“Well,” he said in loud tones, frankly addressing the girls round the stove as much as Constance. “I’ve met with some rare good arguments this new year, no mistake! There’s been some as say that Dan never meant to do it. That’s as may be. But if it’s a good reason for not hanging, there’s an end to capital punishment in this country. ‘Never meant’! There’s a lot of ’em as ‘never meant’! Then I’m told as she was a gallivanting woman and no housekeeper, and as often drunk as sober. I’d no call to be told that. If strangling is a right punishment for a wife as spends her time in drinking brandy instead of sweeping floors and airing sheets, then Dan’s safe. But I don’t seem to see Judge Lindley telling the jury as it is. I’ve been a juryman under Judge Lindley myself—and more than once—and I don’t seem to see him, like!” He paused with his mouth open. “As for all them nobs,” he continued, “including th’ rector, as have gone to Stafford to kiss the book and swear that Dan’s reputation is second to none—if they could ha’ sworn as Dan wasn’t in th’ house at all that night, if they could ha’ sworn he was in Jericho, there’d ha’ been some sense in their going. But as it is, they’d ha’ done better to stop at home and mind their business. Bless us! Sam wanted me to go!”
He laughed again, in the faces of the horrified and angry women.
“I’m surprised at you, Mr Critchlow! I really am!” Constance exclaimed.
And the assistants inarticulately supported her with vague sounds. Miss Insull got up and poked the stove. Every soul in the establishment was loyally convinced that Daniel Povey would be acquitted, and to breathe a doubt on the brightness of this certainty was a hideous crime. The conviction was not within the domain of reason; it was an act of faith; and arguments merely fretted, without in the slightest degree disturbing it.
“Ye may be!” Mr Critchlow gaily concurred. He was very content.
Just as he shuffled round to leave the shop, Cyril entered.
“Good afternoon, Mr Critchlow,” said Cyril, sheepishly polite.
Mr Critchlow gazed hard at the boy, then nodded his head several times rapidly, as though to say: “Here’s another fool in the making! So the generations follow one another!” He made no answer to the salutation, and departed.
Cyril ran round to his mother’s corner, pitching his bag on to the showroom stairs as he passed them. Taking off his hat, he kissed her, and she unbuttoned his overcoat with her cold hands.
“What’s old Methuselah after?” he demanded.
“Hush!” Constance softly corrected him. “He came in to tell me the trial had started.”
“Oh, I knew that! A boy bought a paper and I saw it. I say, mother, will father be in the paper?” And then in a different tone: “I say, mother, what is there for tea?”
When his stomach had learnt exactly what there was for tea, the boy began to show an immense and talkative curiosity in the trial. He would not set himself to his home-lessons. “It’s no use, mother,” he said, “I can’t.” They returned to the shop together, and Cyril would go every moment to the door to listen for the cry of a newsboy. Presently he hit upon the idea that perhaps newsboys might be crying the special edition of the Signal in the marketplace, in front of the Town Hall, to the neglect of St Luke’s Square. And nothing would satisfy him but he must go forth and see. He went, without his overcoat, promising to run. The shop waited with a strange anxiety. Cyril had created, by his restless movements to and fro, an atmosphere of strained expectancy. It seemed now as if the whole town stood with beating heart, fearful of tidings and yet burning to get them. Constance pictured Stafford, which she had never seen, and a court of justice, which she had never seen, and her husband and Daniel in it. And she waited.
Cyril ran in. “No!” he announced breathlessly. “Nothing yet.”
“Don’t take cold, now you’re hot,” Constance advised.
But he would keep near the door. Soon he ran off again.
And perhaps fifteen seconds after he had gone, the strident cry of a Signal boy was heard in the distance, faint and indistinct at first, then clearer and louder.
“There’s a paper!” said the apprentice.
“Sh!” said Constance, listening.
“Sh!” echoed Miss Insull.
“Yes, it is!” said Constance. “Miss Insull, just step out and get a paper. Here’s a halfpenny.”
The halfpenny passed quickly from one thimbled hand to another. Miss Insull scurried.
She came in triumphantly with the sheet, which Constance tremblingly took. Constance could not find the report at first. Miss Insull pointed to it, and read—
“ ‘Summing up’! Lower down, lower down! ‘After an absence of thirty-five minutes the jury found the prisoner guilty of murder, with a recommendation to mercy. The judge assumed the black cap and pronounced sentence of death, saying that he would forward the recommendation to the proper quarter.’ ”
Cyril returned. “Not yet!” he was saying—when he saw the paper lying on the counter. His crest fell.
Long after the shop was shut, Constance and Cyril waited in the parlour for the arrival of the master of the house. Constance was in the blackest despair. She saw nothing but death around her. She thought: misfortunes never come singly. Why did not Samuel come? All was ready for him, everything that her imagination could suggest, in the way of food, remedies, and the means of warmth. Amy was not allowed to go to bed, lest she might be needed. Constance did not even hint that Cyril should go to bed. The dark, dreadful minutes ticked themselves off on the mantelpiece until only five minutes separated Constance from the moment when she would not know what to do next. It was twenty-five minutes past eleven. If at half-past Samuel did not appear, then he could not come that night, unless the last train from Stafford was inconceivably late.
The sound of a carriage! It ceased at the door. Mother and son sprang up.
Yes, it was Samuel! She beheld him once more. And the sight of his condition, moral and physical, terrified her. His great strapping son and Amy helped him upstairs. “Will he ever come down those stairs again?” This thought lanced Constance’s heart. The pain was come and gone in a moment, but it had surprised her tranquil common sense, which was naturally opposed to, and gently scornful of, hysterical fears. As she puffed, with her stoutness, up the stairs, that bland cheerfulness of hers cost her an immense effort of will. She was profoundly troubled; great disasters seemed to be slowly approaching her from all quarters.
Should she send for the doctor? No. To do so would only be a concession to the panic instinct. She knew exactly what was the matter with Samuel: a severe cough persistently neglected, no more. As she had expressed herself many times to inquirers, “He’s never been what you may call ill.” Nevertheless, as she laid him in bed and posseted him, how frail and fragile he looked! And he was so exhausted that he would never even talk about the trial.
“If he’s not better tomorrow I shall send for the doctor!” she said to herself. As for his getting up, she swore she would keep him in bed by force if necessary.
IV
The next morning she was glad and proud that she had not yielded to a scare. For he was most strangely and obviously better. He had slept heavily, and she had slept a little. True that Daniel was condemned to death! Leaving Daniel to his fate, she was conscious of joy springing in her heart. How absurd to have asked herself: “Will he ever come down those stairs again?”!
A message reached her from the forgotten shop during the morning, that Mr Lawton had called to see Mr Povey. Already Samuel had wanted to arise, but she had forbidden it in the tone of a woman who is dangerous, and Samuel had been very reasonable. He now said that Mr Lawton must be asked up. She glanced round the bedroom. It was “done”; it was faultlessly correct as a sick chamber. She agreed to the introduction into it of the man from another sphere, and after a preliminary minute she left the two to talk together. This visit of young Lawton’s was a dramatic proof of Samuel’s importance, and of the importance of the matter in hand. The august occasi
on demanded etiquette, and etiquette said that a wife should depart from her husband when he had to transact affairs beyond the grasp of a wife.
The idea of a petition to the Home Secretary took shape at this interview, and before the day was out it had spread over the town and over the Five Towns, and it was in the Signal. The Signal spoke of Daniel Povey as “the condemned man.” And the phrase started the whole district into an indignant agitation for his reprieve. The district woke up to the fact that a Town Councillor, a figure in the world, an honest tradesman of unspotted character, was cooped solitary in a little cell at Stafford, waiting to be hanged by the neck till he was dead. The district determined that this must not and should not be. Why! Dan Povey had actually once been Chairman of the Bursley Society for the Prosecution of Felons, that association for annual eating and drinking, whose members humorously called each other “felons”! Impossible, monstrous, that an ex-chairman of the “Felons” should be a sentenced criminal!
However, there was nothing to fear. No Home Secretary would dare to run counter to the jury’s recommendation and the expressed wish of the whole district. Besides, the Home Secretary’s nephew was M.P. for the Knype division. Of course a verdict of guilty had been inevitable. Everybody recognized that now. Even Samuel and all the hottest partisans of Daniel Povey recognized it. They talked as if they had always foreseen it, directly contradicting all that they had said on only the previous day. Without any sense of any inconsistency or of shame, they took up an absolutely new position. The structure of blind faith had once again crumbled at the assault of realities, and unhealthy, un-English truths, the statement of which would have meant ostracism twenty-four hours earlier, became suddenly the platitudes of the Square and the market-place.
Despatch was necessary in the affair of the petition, for the condemned man had but three Sundays. But there was delay at the beginning, because neither young Lawton nor any of his colleagues was acquainted with the proper formula of a petition to the Home Secretary for the reprieve of a criminal condemned to death. No such petition had been made in the district within living memory. And at first young Lawton could not get sight or copy of any such petition anywhere, in the Five Towns or out of them. Of course there must exist a proper formula, and of course that formula and no other could be employed. Nobody was bold enough to suggest that young Lawton should commence the petition, “To the Most Noble the Marquess of Welwyn, K.C.B., May it please your Lordship,” and end it, “And your petitioners will ever pray!” and insert between those phrases a simple appeal for the reprieve, with a statement of reasons. No! the formula consecrated by tradition must be found. And, after Daniel had arrived a day and a half nearer death, it was found. A lawyer at Alnwick had the draft of a petition which had secured for a murderer in Northumberland twenty years’ penal servitude instead of sudden death, and on request he lent it to young Lawton. The prime movers in the petition felt that Daniel Povey was now as good as saved. Hundreds of forms were printed to receive signatures, and these forms, together with copies of the petition, were laid on the counters of all the principal shops, not merely in Bursley, but in the other towns. They were also to be found at the offices of the Signal, in railway waiting-rooms, and in the various reading-rooms; and on the second of Daniel’s three Sundays they were exposed in the porches of Churches and chapels. Chapelkeepers and vergers would come to Samuel and ask with the heavy inertia of their stupidity: “About pens and ink, sir?” These officials had the air of audaciously disturbing the sacrosanct routine of centuries in order to confer a favour.
Samuel continued to improve. His cough shook him less, and his appetite increased. Constance allowed him to establish himself in the drawing-room, which was next to the bedroom, and of which the grate was particularly efficient. Here, in an old winter overcoat, he directed the vast affair of the petition, which grew daily to vaster proportions. Samuel dreamed of twenty thousand signatures. Each sheet held twenty signatures, and several times a day he counted the sheets; the supply of forms actually failed once, and Constance herself had to hurry to the printers to order more. Samuel was put into a passion by this carelessness of the printers. He offered Cyril sixpence for every sheet of signatures which the boy would obtain. At first Cyril was too shy to canvass, but his father made him blush, and in a few hours Cyril had developed into an eager canvasser. One whole day he stayed away from school to canvass. Altogether he earned over fifteen shillings, quite honestly except that he got a companion to forge a couple of signatures with addresses lacking at the end of a last sheet, generously rewarding him with sixpence, the value of the entire sheet.
When Samuel had received a thousand sheets with twenty thousand signatures, he set his heart on twenty-five thousand signatures. And he also announced his firm intention of accompanying young Lawton to London with the petition. The petition had, in fact, become one of the most remarkable petitions of modern times. So the Signal said. The Signal gave a daily account of its progress, and its progress was astonishing. In certain streets every householder had signed it. The first sheets had been reserved for the signatures of members of Parliament, ministers of religion, civic dignitaries, justices of the peace, etc. These sheets were nobly filled. The aged rector of Bursley signed first of all; after him the Mayor of Bursley, as was right; then sundry M.P.s.
Samuel emerged from the drawing-room. He went into the parlour, and, later, into the shop; and no evil consequence followed. His cough was nearly, but not quite, cured. The weather was extraordinarily mild for the season. He repeated that he should go with the petition to London; and he went; Constance could not validly oppose the journey. She, too, was a little intoxicated by the petition. It weighed considerably over a hundredweight. The crowning signature, that of the M.P. for Knype, was duly obtained in London, and Samuel’s one disappointment was that his hope of twenty-five thousand signatures had fallen short of realization—by only a few score. The few score could have been got had not time urgently pressed. He returned from London a man of mark, full of confidence; but his cough was worse again.
His confidence in the power of public opinion and the inherent virtue of justice might have proved to be well placed, had not the Home Secretary happened to be one of your humane officials. The Marquess of Welwyn was celebrated through every stratum of the governing classes for his humane instincts, which were continually fighting against his sense of duty. Unfortunately his sense of duty, which he had inherited from several centuries of ancestors, made havoc among his humane instincts on nearly every occasion of conflict. It was reported that he suffered horribly in consequence. Others also suffered, for he was never known to advise a remission of a sentence of flogging. Certain capital sentences he had commuted, but he did not commute Daniel Povey’s. He could not permit himself to be influenced by a wave of popular sentiment, and assuredly not by his own nephew’s signature. He gave to the case the patient, remorseless examination which he gave to every case. He spent a sleepless night in trying to discover a reason for yielding to his humane instincts, but without success. As Judge Lindley remarked in his confidential report, the sole arguments in favour of Daniel were provocation and his previous high character; and these were no sort of an argument. The provocation was utterly inadequate, and the previous high character was quite too ludicrously beside the point. So once more the Marquis’s humane instincts were routed and he suffered horribly.
V
On the Sunday morning after the day on which the Signal had printed the menu of Daniel Povey’s supreme breakfast, and the exact length of the “drop” which the executioner had administered to him, Constance and Cyril stood together at the window of the large bedroom. The boy was in his best clothes; but Constance’s garments gave no sign of the Sabbath. She wore a large apron over an old dress that was rather tight for her. She was pale and looked ill.
“Oh, mother!” Cyril exclaimed suddenly. “Listen! I’m sure I can hear the band.”
She checked him with a soundless movement of her lips; and they both
glanced anxiously at the silent bed, Cyril with a gesture of apology for having forgotten that he must make no noise.
The strains of the band came from down King Street, in the direction of St Luke’s Church. The music appeared to linger a long time in the distance, and then it approached, growing louder, and the Bursley Town Silver Prize Band passed under the window at the solemn pace of Handel’s “Dead March.” The effect of that requiem, heavy with its own inherent beauty and with the vast weight of harrowing tradition, was to wring the tears from Constance’s eyes; they fell on her aproned bosom, and she sank into a chair. And though the cheeks of the trumpeters were puffed out, and though the drummer had to protrude his stomach and arch his spine backwards lest he should tumble over his drum, there was majesty in the passage of the band. The boom of the drum, desolating the interruptions of the melody, made sick the heart, but with a lofty grief; and the dirge seemed to be weaving a purple pall that covered every meanness.
The bandsmen were not all in black, but they all wore crape on their sleeves and their instruments were knotted with crape. They carried in their hats a black-edged card. Cyril held one of these cards in his hands. It ran thus:
SACRED TO THE MEMORY OF
DANIEL POVEY
A TOWN COUNCILLOR OF THIS TOWN
JUDICIALLY MURDERED AT 8 O’CLOCK IN THE MORNING
8TH FEBRUARY 1888
“HE WAS MORE SINNED AGAINST THAN SINNING”
In the wake of the band came the aged Rector, bareheaded, and wearing a surplice over his overcoat; his thin white hair was disarranged by the breeze that played in the chilly sunshine; his hands were folded on a gilt-edged book. A curate, churchwardens, and sidesmen followed. And after these, tramping through the dark mud in a procession that had apparently no end, wound the unofficial male multitude, nearly all in mourning, and all, save the more aristocratic, carrying the memorial card in their hats. Loafers, women, and children had collected on the drying pavements, and a window just opposite Constance was ornamented with the entire family of the landlord of the Sun Vaults. In the great bar of the Vaults a barman was craning over the pitch-pine screen that secured privacy to drinkers. The procession continued without break, eternally rising over the verge of King Street “bank”, and eternally vanishing round the corner into St Luke’s Square; at intervals it was punctuated by a clergyman, a Nonconformist minister, a town crier, a group of foremen, or a few Rifle Volunteers. The watching crowd grew as the procession lengthened. Then another band was heard, also playing the march from Saul. The first band had now reached the top of the Square, and was scarcely audible from King Street. The reiterated glitter in the sun of memorial cards in hats gave the fanciful illusion of an impossible whitish snake that was straggling across the town. Three-quarters of an hour elapsed before the tail of the snake came into view, and a rabble of unkempt boys closed in upon it, filling the street.
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