The Palliser Novels (380 page)

There were many other points on which Mr. Chaffanbrass insisted at great length; — but, chiefly, perhaps, on the improbability, he might say impossibility, that the plot for a murder so contrived should have entered into a man’s head, have been completed and executed, all within a few minutes. “But under no hypothesis compatible with the allegations of the prosecution can it be conceived that the murder should have been contemplated by my client before the quarrel at the club. No, gentlemen; — the murderer had been at his work for days. He had examined the spot and measured the distances. He had dogged the steps of his victim on previous nights. In the shade of some dark doorway he had watched him from his club, and had hurried by his secret path to the spot which he had appointed for the deed. Can any man doubt that the murder has thus been committed, let who will have been the murderer? But, if so, then my client could not have done the deed.” Much had been made of the words spoken at the club door. Was it probable, — was it possible, — that a man intending to commit a murder should declare how easily he could do it, and display the weapon he intended to use? The evidence given as to that part of the night’s work was, he contended, altogether in the prisoner’s favour. Then he spoke of the life-preserver, and gave a rather long account of the manner in which Phineas Finn had once taken two garotters prisoner in the street. All this lasted till the great men on the bench trooped out to lunch. And then Mr. Chaffanbrass, who had been speaking for nearly four hours, retired to a small room and there drank a pint of port wine. While he was doing so, Mr. Serjeant Birdbolt spoke a word to him, but he only shook his head and snarled. He was telling himself at the moment how quick may be the resolves of the eager mind, — for he was convinced that the idea of attacking Mr. Bonteen had occurred to Phineas Finn after he had displayed the life-preserver at the club door; and he was telling himself also how impossible it is for a dull conscientious man to give accurate evidence as to what he had himself seen, — for he was convinced that Lord Fawn had seen Phineas Finn in the street. But to no human being had he expressed this opinion; nor would he express it, — unless his client should be hung.

After lunch he occupied nearly three hours in giving to the jury, and of course to the whole assembled Court, the details of about two dozen cases, in which apparently strong circumstantial evidence had been wrong in its tendency. In some of the cases quoted, the persons tried had been acquitted; in some, convicted and afterwards pardoned; in one pardoned after many years of punishment; — and in one the poor victim had been hung. On this he insisted with a pathetic eloquence which certainly would not have been expected from his appearance, and spoke with tears in his eyes, — real unaffected tears, — of the misery of those wretched jurymen who, in the performance of their duty, had been led into so frightful an error. Through the whole of this long recital he seemed to feel no fatigue, and when he had done with his list of judicial mistakes about five o’clock in the afternoon, went on to make what he called the very few remarks necessary as to the evidence which on the next day he proposed to produce as to the prisoner’s character. He ventured to think that evidence as to the character of such a nature, — so strong, so convincing, so complete, and so free from all objection, had never yet been given in a criminal court. At six o’clock he completed his speech, and it was computed that the old man had been on his legs very nearly seven hours. It was said of him afterwards that he was taken home speechless by one of his daughters and immediately put to bed, that he roused himself about eight and ate his dinner and drank a bottle of port in his bedroom, that he then slept, — refusing to stir even when he was waked, till half-past nine in the morning, and that then he scrambled into his clothes, breakfasted, and got down to the Court in half an hour. At ten o’clock he was in his place, and nobody knew that he was any the worse for the previous day’s exertion.

This was on a Tuesday, the fifth day of the trial, and upon the whole perhaps the most interesting. A long array of distinguished persons, — of women as well as men, — was brought up to give to the jury their opinion as to the character of Mr. Finn. Mr. Low was the first, who having been his tutor when he was studying at the bar, knew him longer than any other Londoner. Then came his countryman Laurence Fitzgibbon, and Barrington Erle, and others of his own party who had been intimate with him. And men, too, from the opposite side of the House were brought up, Sir Orlando Drought among the number, all of whom said that they had known the prisoner well, and from their knowledge would have considered it impossible that he should have become a murderer. The two last called were Lord Cantrip and Mr. Monk, one of whom was, and the other had been, a Cabinet Minister. But before them came Lady Cantrip, — and Lady Chiltern, whom we once knew as Violet Effingham, whom this very prisoner had in early days fondly hoped to make his wife, who was still young and beautiful, and who had never before entered a public Court.

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.

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, or 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.”