CHAPTER XXXVI. THE LAW AND ITS CHANCES.
We left Mr. Daly at the conclusion of our last chapter in the exerciseof--what to him was always a critical matter--the functions of a politeletter-writer. His faults, it is but justice to say, were much lessthose of style than of the individual himself; for if he rarely failedto convey a clear notion of his views and intentions, he still morerarely omitted to impart considerable insight into his own character.
His abrupt and broken sentences, his sudden outbreaks of intelligenceor passion, were not inaptly conveyed by the character of a handwritingwhich was bold, careless, and hurried. Indifferent to everything likeneatness or accuracy, generally blotted, and never very legible, thesedefects, if they did not palliate, they might, in a measure, explainsomething of his habits of thought and action; but now, when about todictate to another, the case was different, and those interruptionswhich Daly would have set down by a dash of his pen, were to be conveyedby the less significant medium of mere blanks.
"I 'm ready," said Lionel, at length, as he sat for some time in silentexpectation of Daly's commencement. But that gentleman was walking upand down the room with his hands behind his back, occasionally stoppingto look out upon the lawn.
"Very well, begin--'My dear Lord Netherby,' or 'My dear Lord,'--it doesn't signify which, though I suppose he would be of another mind, andfind a whole world of difference between the two. Have you that?--verywell. Then go on to mention, in such terms as you like yourself, thesudden change of fortune that has befallen your family,--briefly, butdecisively."
"Dictate it, I'll follow you," said Lionel, somewhat put out by thismode of composition.
"Oh! it doesn't matter exactly what the words are,--say, that a d----dscoundrel, Gleeson--Honest Tom we always called him--has cut andrun with something like a hundred thousand pounds, after forging andfalsifying every signature to our leases for the last ten or fifteenyears; we are, in consequence, ruined--obliged to leave the abbey, taketo a cottage--a devilish poor one, too."
"Don't go so fast--'we are in consequence--'"
"Utterly smashed--broken up--no home, and devilish little to liveupon,--my mother's jointure being barely sufficient for herself andHelen. I want, therefore, to remind you--your Lordship, that is--toremind your Lordship of the kind pledge which you so lately made us, ata time when we little anticipated the early necessity we should haveto recall it. My father, some forty-five or six years back, raised theDarcy Light Horse, equipped, armed, and mounted six hundred men, at hisown expense. This regiment, of which he took the head, did good servicein the Low Countries, and although distinguished in many actions, hereceived nothing but thanks,--happily not wanting more, if so much.Times are changed now with him, and it would be a seasonable act ofkindness and a suitable reward to an old officer--highly esteemed ashe is and has been through life--to make up for past neglect by someappointment--the service has many such--Confound them! the pension-listshows what fellows there are--'governors and deputy-governors,' 'actingadjutants' of this, and 'deputy assistant commissaries' of that."
"I 'm not to write that, I suppose?"
"No, you needn't,--it would do no harm, though, to give them a hinton the subject; but never mind it now. 'As for myself, I 'll leave theGuards, and take service in the Line. I am only anxious for a regimenton a foreign station, and if in India, so much the better.' Is thatdown? Well--eh! that will do, I think. You may just say, that thematter ought to be arranged without any communication with your father,inasmuch as, from motives of delicacy, he might feel bound to declinewhat was tendered as an offer, though he would hold himself pledged toaccept what was called by the name of duty. Yes, Lionel, that's theway to put the case; active service, by all means active service,--noguard-mounting at Windsor or Carlton House; no Hounslow Heathengagements."
Lionel followed, as well as he was able, the suggestions, to whichsundry short interjections and broken "hems!" and "ha's!" gave no smallconfusion, and at last finished a letter, which, if it conveyed somepart of the intention, was even a stronger exponent of the character, ofhim who dictated it.
"Shall I read it over to you?"
"Heaven forbid! If you did, I 'd alter every word of it. I neverreconsidered a note that I did not change my mind about it, and I don'tbelieve I ever counted a sum of money over more than once without makingthe tot vary each time. Send it off as it is--' Yours truly, LionelDarcy.'"
It was about ten days after the events we have just related that BagenalDaly sat in consultation with Darcy's lawyer in the back parlor of theKnight's Dublin residence. Lionel, who had been in conclave with themfor several hours, had just left the room, and they now remained inthoughtful silence, pondering over their late discussion.
"That young man," said Bicknell, at length, "is very far from beingdeficient in ability, but he is wayward and reckless as the rest of thefamily; he seems to have signed his name everywhere they told him,and to anything. Here are leases forever at nominal rents--no finesin renewal--rights of fishery disposed of--oak timber--marblequarries--property of every kind--made away with. Never was there suchwasteful, ruinous expenditure coupled with peculation and actual robberyat the same time."
"What's to be done?" said Daly, interrupting a catalogue of disasters hecould scarcely listen to with patience; "have you anything to propose?"
"We must move in Equity for an inquiry into the validity of thesedocuments; many of the signatures are probably false; we can lay a casefor a jury--"
"Well, I don't want to hear the details,--you mean to go to law; now,has Darcy wherewithal to sustain a suit? These Hickmans are rich."
"Very wealthy people indeed," said Bicknell, dryly. "The Knight cannotengage in a legal contest with them without adequate means. I am notsufficiently in possession of Mr. Darcy's resources to pronounce on thesafety of such a step."
"I can tell you, then: they have nothing left to live upon save hiswife's jointure. Lady Eleanor has something like a thousand a year insettlement,--certainly not more."
"If they can contrive to live on half this sum," said the lawyer,cautiously, "we may, perhaps, find the remainder enough for ourpurposes. The first expenses will be, of course, very heavy: drafts toprepare, searches to make, witnesses to examine, with opinion of highcounsel, will all demand considerable outlay."
"This is a point I can give no opinion upon," said Daly; "they have beenaccustomed to live surrounded with luxuries of every kind: whether theycan at once descend to actual poverty, or would rather cling to theremnant of their former comforts, is not in my power to tell."
"The very bond under which they have foreclosed," said Bicknell, "admitsof great question. Unfortunately, that fellow Gleeson destroyed allthe papers before his suicide, or we could ascertain if a clause ofredemption were not inserted; there was no registry of the judgment, andwe are consequently in the hands of the enemy."
"I cannot help saying," said Daly, sternly, "that if it were not forthe confounded subtleties of your craft, roguery would have a lessprofitable sphere of employment: so many hitches, so many smallcrotchety conjunctures influence the mere question of right and wrongthat a man is led at last to think less of justice itself than of thepetty artifices to secure a superiority."
"I must assure you that you are in a great error," said Bicknell,calmly; "the complication of a suit is the necessary security the lawhas recourse to against the wiles and stratagems of designing men. Whatyou call its hitches and subtleties are the provisions against craft bywhich mere honesty is protected: that they are sometimes employed todefeat justice, is saying no more than that they are only humancontrivances; for what good institution cannot be so perverted?"
"So much the better, if you can think so. Now, what are Darcy's chancesof success?--never mind recapitulating details, which remind me agreat deal too much of my own misfortunes, but say, in one word, is theprospect good or bad, or has it a tinge of both?"
"It may be any of the three, according to the way in which the claim isprosecuted; if there be sufficient mean
s--"
"Is that the great question?"
"Undoubtedly; large fees to the leading counsel, retainers, if a recordbe kept for trial at the Assizes, and payment to special juries: all areexpensive, and all necessary."
"I 'll write to Darcy to-night, then,--or, better still, I 'll write toLady Eleanor, repeating what you have told me, and asking her advice andopinion; meanwhile, lose no time in consulting Mr. Boyle,--you preferhim?"
"Certainly, in a case like this he cannot be surpassed; besides, he isalready well acquainted with all the leading facts, and has taken a deepinterest in the affair. There are classes and gradations of ability atthe bar, irrespective of degrees of actual capacity; we have the heavyartillery of the Equity Court, the light field-pieces of the King'sBench, and the Congreve rockets of Assize display: to misplace orconfound them would be a grave error."
"I know where I 'd put them all, if _my_ pleasure were to be consulted,"muttered Daly, in an undergrowl.
"Now, if we have a case for a jury, we must secure Mr. O'Halloran--"
"He who made a speech to the mob in Smithfield the other day?"
"The same. I perceive you scarcely approve of my suggestion; but hissuccess at the bar is very considerable: he knows a good deal of law,and a great deal more about mankind. A rising man, sir, I assure you."
"It must be in a falling state of society, then," said Daly, bitterly."Time was when the first requisite of a barrister was to be a gentleman.An habitual respect for the decorous observances of polite life wasdeemed an essential in one whose opinions were as often to be listenedto in questions of right feeling as of right doing. His birth, hissocial position, and his acquirements were the guarantees he gave theworld that, while discussing subtleties, he would not be seduced intoanything low or unworthy. I am sorry that notion has become antiquated."
"You would not surely exclude men of high talents from a career becausetheir origin was humble?" said Bicknell.
"And why not, sir? Upon what principle was the bodyguard of noblepersons selected to surround the person of the sovereign, save thatblood was deemed the best security for allegiance? And why should notthe law, only second in sacred respect to the person of the monarch,be as rigidly protected? The Church excludes from her ministry all who,even by physical defect, may suggest matter of ridicule or sarcasm tothe laity; for the same reason I would reject from all concern with theadministration of justice those coarser minds whose habits familiarizethem with vulgar tastes and low standards of opinion."
"I confess this seems to me very questionable doctrine, not to speak ofthe instances which the law exhibits of her brightest ornaments derivedfrom the very humblest walks in life."
"Such cases are probably esteemed the more because of that very reason,"said Daly, haughtily; "they are like the pearl in the oyster-shell, notvery remarkable in itself, but one must go so low down to seek for it.I have an excuse for warmth; I have lost the greater part of a largefortune in contesting a right pronounced by high authority to beincontrovertible. Besides," added he, with a courteous smile, "if Mr.Bicknell may oppose my opinion, he has the undoubted superiority thatattaches to liberality, his own family claiming alliance with the bestin the land."
This happy turn seemed to divert the course of a conversation which halfthreatened angrily. Again the business topic was resumed, and after ashort discussion, Bicknell took his leave, while Daly prepared to writehis letter to Lady Eleanor.
He had not proceeded far in his task when Lionel entered with anewspaper in his hand.
"Have you heard the news of the notorious robber being taken?" said he.
"Who do you mean? Barrington, is it?"
"No; Freney."
"Freney! taken?--when--how--where?"
"It's curious enough," said Lionel, coolly, seating himself to read theparagraph, without noticing the eagerness of Daly's manner; "the fellowseems to have had a taste for sporting matters which no personal fearcould eradicate. His capture took place this wise. He went over toDoncaster, to be present at the Spring Meeting, where he betted freely,and won largely. There happened, however, to come a reverse to hisfortune, and on the last day of the running he lost everything, and wasobliged to apply for assistance to a former companion, who, it wouldseem, was some hundred pounds in his debt; this worthy, having no desireto refund, threatened the police; Freney became exasperated, knocked himdown on the spot, and then, turning smartly round, chucked one of thejockeys from his saddle, sprang on the horse's back, and made off likelightning. The other, only stunned for a moment, was soon on his legsagain, and the cry of 'Freney! it was Freney the robber!' resoundedthroughout the race-course. The scene must then have been a mostexciting one, for the whole mounted population, with one accord,gave chase. Noblemen and country gentlemen, fox-hunters, farmers, andblacklegs, away they went, Freney about a quarter of a mile in front,and riding splendidly."
"That I 'm sure of," said Daly, earnestly. "Go on!"
"Mellington took the lead of every one, mounted on that greatsteeplechase horse he is so proud of,--no fences too large for him, theysay; but the robber--and what a good judge of country the fellow mustbe--left the heavy ground and preferred even breasting a long hill ofgrass-land, with several high rails, to the open country below,where the clay soil distressed his horse. By this manoeuvre, says thenewspaper, he was obliged to make a circuit which again brought thegreat body of his pursuers close up with him; and now his dexterity asa horseman became apparent, for while riding at top speed, and handlinghis horse with the most perfect judgment, he actually contrived todivest himself of his heavy greatcoat. He had but just accomplished thisvery difficult task, when Lord Mellington once more came up. There wasa heavy dike in front, with a double post and rail, and at this theyrushed desperately, each, apparently, calculating on the other beingthrown, or at least checked.
"Freney, now only a dozen strides in advance, turned in his saddle, anddrawing a pistol from his breast, took an aim,--as steadily, too, asif firing at a mark. Lord Mellington saw the dreadful purpose of therobber; he shouted aloud, and, pulling up with all his might, he bentdown to the very mane of his horse. Freney pulled the trigger, and withone mad plunge Lord Mellington's horse came headforemost to the ground,with his rider under him. Freney was not long the victor; the racer hebestrode breasted the high rail, and, unable to clear it, fell heavilyforward, smashing the frail timbers before him, and pitching the rideron his head. He was up in a second and away; for about twenty yardshis speed was immense, then, reeling, he staggered forwards and fellsenseless; before he rallied he was taken, and in handcuffs. There is adescription of the fellow," said Lionel, "and, by Jove! one would thinkthey were describing some wild denizen of the woods, or some strangeanimal of savage life, so eloquent is the paragraph about his appearanceand personal strength."
"A well-knit fellow, no doubt, and more than a match for most in singlecombat," said Daly, musing.
"You have seen him, then?"
"Ay, that I have, and must see him again. Where is he confined?"
"In Newgate."
"That is so far fortunate, because the jailer is an old acquaintance ofmine."
"I have a great curiosity to see this Freney."
"Come along with me, then," said Daly, as he arose and rang the bell toorder a carriage; "you shall gratify your curiosity; but I must ask youto leave us alone together afterwards, for, strange as it may seem, wehave a little affair of confidence between us."
It did, indeed, appear not a little strange that any secret negotiationor understanding should exist between two such men; but Lionel did notventure to ask any explanation of the difficulty, but silently preparedto accompany him. As they went along towards Newgate, Daly relatedseveral anecdotes of Freney, all of which tended to show that the fellowhad all his life felt that strange passion for danger so attractive tocertain minds, and that his lawless career was more probably adoptedfrom this tendency than any mere desire of money-getting. Many of hisrobberies resembled feats of daring rather than cautious schemes
toobtain property. "Society," added Daly, "is truly not much benefitedbecause the highwayman is capricious; but still, one cannot divestoneself of a certain interest for a rascal who has always shown himselfready to risk his neck, and who has never been charged with any distinctact of cruelty. When I say this much, I must caution you againstindulging a sympathy for a law-breaker because he is not a perfectmonster of iniquity; such fellows are very rare, and we are always toowell inclined to admire the few good qualities of a bad man, just as weare astonished at a few words spoken plain by a parrot.
"'The things themselves are neither strange nor rare; We wonder how the devil they came there.'"
While Daly wisely cautioned his young companion against the indulgenceof a false and mawkish sympathy for the criminal, he in his own heartcould not help feeling the strongest interest for any misfortune of aspirit so wild and so reckless.
Daly's card, passed through the iron grating of the strong door, soonprocured them admission, and they were conducted into a small andneatly furnished room, where a mild-looking middle-aged man was seated,reading. He rose as they entered, and saluted them respectfully.
"Good evening, Dunn; I hope I see you well. My friend Captain Darcy--Mr.Dunn. We have just heard that the noted Freney has taken up his lodgingshere, and are curious to see him."
"I 'm afraid I must refuse your request, Mr. Daly; my orders are mostpositive about the admission of any one to the prisoner: there have beenI can't say how many people here on the same errand since four o'clock,when he arrived."
"I think I ought to be free of the house," said Daly, laughing; "Imatriculated here at least, if I didn't take out a high degree."
"So you did, sir," said Dunn, joining in the laugh. "Freney is in thevery same cell you occupied for four months."
"Come, come, then, you can't refuse me paying a visit to my oldquarters."
"There is another objection, and a stronger one,--. Freney himselfdeclines seeing any one, and asked a special leave of the sheriff torefuse all comers admission to him."
"This surprises me," said Daly. "Why, the fellow has a prodigious dealof personal vanity, and I cannot conceive his having adopted such aresolution."
"Perhaps I can guess his meaning," said the jailer, shrewdly; "thegreater number of those who came here, and also who tried to see him inLiverpool, were artists of one kind or other, wanting to take bustsor profiles of him. Now, my surmise is, Freney would not dislike thenotoriety, if it were not that it might be inconvenient one of thesedays. To be plain, sir, though he is doubly ironed, and in the strongestpart of the strongest jail in Ireland, he is at this moment meditatingon an escape, in the event of which he calculates all the trouble andannoyance it would give him to have his picture or his cast stuck up inevery town and village of the kingdom. This, at least, is my reading ofthe mystery; but I think it is not without some show of probability."
"Well, the objection could scarcely apply to me," said Daly; "if hisportrait be not taken by a more skilful artist than I am, he may be veryeasy on the score of recognition. Pray let me send in my name to him,and if he refuses to see me, I 'll not press the matter further."
Partly from an old feeling of kindness towards Daly, Dunn gave nofurther opposition, but in reality he was certain that Freney's refusalwould set the matter at rest. His surprise was consequently great whenthe turnkey returned with a civil message from Freney that he would bevery glad to see Mr. Daly.
"Your friend can remain here," said Dunn, in a voice that plainly showedhe was not quite easy in his mind as to the propriety of theinterview; and Daly, to alleviate suspicions natural enough in one socircumstanced, assented, and walked on after the turnkey, alone.
"That's the way he spends his time; listen to him now," whispered theturnkey, as they stopped at the door of the cell, from within which thedeep tones of a man's voice were heard singing to himself, as he slowlypaced the narrow chamber, his heavy fetters keeping a melancholy time tothe melody:--
"'T was afther two when he quitted Naas, But he gave the spar, and he went the pace, 'As many an like may now give chase,' Says he, 'I give you warning. You may raise the country far and near, From Malin Head down to Cape Clear, But the divil a man of ye all I fear, I 'll be far away before morning.'
"By break of day he reach'd Kildare, The black horse never turn'd a hair; Says Freney, 'We 've some time to spare, This stage we 've rather hasten'd.' So he eat four eggs and a penny rowl, And he mix'd of whiskey such a bowl! The drink he shared with the beast, by my sowl, For Jack was always dacent.
"'You might tighten the girths,' Jack Freney cried, 'For I 've soon a heavy road to ride.' 'Twas the truth he tould, for he never lied; The way was dark and rainy. 'Good-by,' says he, 'I 'll soon be far, And many a mile from Mullingar.' So he kiss'd the girl behind the bar, 'T is the divil you wor, Jack Freney!"
"Sorra lie in that, any way," said the robber, as he repeated the lastline over once more, with evident self-satisfaction.
"Who comes there?" cried he, sternly, as the heavy bolts were shot back,and the massive door opened.
"Why don't you say, 'Stand and deliver'?" said the turnkey, with a laughas harsh and grating as the creak of the rusty hinges.
"And many a time I did to a better man," said Freney.
"You may leave us now," said Daly, to the turnkey.
"Mr. Daly, your sarvant," said the robber, saluting him; "you 're theonly man in Ireland I wanted to see."
"I wish our meeting had been anywhere else," said Daly, sorrowfully, ashe took his seat on a stool opposite the bed where Freney sat.
"Well, well, so it is, sir; it's just what every one prophesied thismany a day,--as if there was much cunning in saying that I 'd be hangedsome time or other; why, if they wanted to surprise me, they 'd havetould me I 'd never be taken. You heard how it was, I suppose?"
Daly nodded, and Freney went on:--
"The English horse wouldn't rise to the rail; if I was on the chestnutmare or Black Billy, I would n't be where I am now."
"I have several things to ask you about, Freney; but first, how I canserve you? You must have counsel in this business."
"No, sir, I thank you; it's only throwing good money after bad. I'llplead guilty,--it will save time with us all."
"But you give yourself no chance, man."
"Faix, I spoiled my chance long ago, Mr. Daly. Do you know, sir,"--herehe spoke in a low, determined tone,--"there's not a mail in Ireland Idid n't stop at one time or other. There's few country gentlemen I haven't lightened of their guineas; the court wouldn't hold the witnessesagainst me if I were to stand my trial."
"With all that, you must still employ a lawyer; these fellows are ascrafty in _their_ walk as ever you were in _yours_. Who will you have?Name the man, and leave the rest to me."
Freney seemed to deliberate for a few moments, and he threw hiseyes down at the heavy irons on his legs, and he gazed at the strongstanchions of the windows, and then said, in a low voice,--
"There's a chap called Hosey M'Garry, in a cellar in Charles Street:he's an ould man with one eye, and not a tooth in his head; but he's theonly man that could sarve me now."
"Hosey M'Garry," repeated Daly, "Charles Street," as he wrote down theaddress with his pencil: "a strange name and residence for a lawyer."
"I did n't say he was, sir," said Freney, laughing.
"And who and what is he, then?"
"The only man, now alive, that can make a cowld chisel to cut ironwithout noise."
440]
"Ah! that's what you're thinking of; you'd rather trust to the flaws ofthe iron than of the indictment. Perhaps you are not far wrong, afterall."
"If I was in the court below without the fetters," said Freney, eagerly,"I could climb the wall with a holdfast and a chisel, and get down thesame way on the other side; once there, Mr. Daly, I 'd sing the ouldballad,--
"For the divil a man of ye all I fear,
I 'll be far away before morning."
"And how are these tools to reach you here? If they admit any of yourfriends, won't they search them first?"
"So they will, barrin' it was a gentleman," replied Freney, while hiseyes twinkled with a peculiarly cunning lustre.
"So, then, you rely on _me_ for this piece of service?" said Daly, aftera pause.
"Troth, you're the only gentleman of my acquaintance," said Freney,quaintly.
"Well, I suppose I must not give you a bad impression of the order; I'll do it."
"I knew you would," rejoined Freney, calmly. "You might bring two filesat the same time, and a phial of sweet oil to keep down the noise. Hush!here's Gavin coming to turn you out,--he said ten minutes."
"Well, then, you shall see me to-morrow, Freney, and I 'll endeavor tosee your friend in the mean time." This was said as the turnkey stood atthe open door.
"This gentleman wants to have a look at you, Freney," said thejailer,--"as if he could n't see you for nothing, some Saturday morningsoon."
"Maybe he 'd not know me in a nightcap," replied Freney, laughing, whilehe turned the lamplight full on Lionel Darcy's features.
"The very fellow that rode off with the horse!" exclaimed Lionel as hesaw him.
"Young O'Reilly!" said Freney. "What signifies that charge now? Won't itsatisfy you if they hang me for something else?"
"That's Captain Darcy, man," broke in Daly. "Is all your knowledge ofmankind of so little use to you that you cannot distinguish between aborn gentleman and an upstart?"
"By my oath," said the robber, aloud, "I 'm as glad as a ten-pound noteto know that it wasn't a half-bred one that showed the spirit you did!Hurrah! there's hopes for ould Ireland yet, when the blood and bone isstill left in her! And wasn't it real luck that I saw you this night? IfI did n't, I 'd have done you a bad turn. One word, Mr. Daly, one wordin your ear."
The robber drew Daly towards him, and whispered eagerly for someseconds.
A violent exclamation burst from Daly as he listened, and then he criedout, "What! are you sure of this? Don't deceive me, man!"
"May I never, but it's true."
"Why, then, not have told it before?"
"Because"--here he faltered--"because--faix, I 'll tell the truth--Ithought that young gentleman was Hickman's grandson, and I could n'tbring myself to do him a spite after what I had seen."
"The time is up, gentlemen," said the turnkey, who, out of the delicacyof his official feeling, was slowly pacing the corridor up and downwhile they talked together.
"If this be but true," muttered Daly to himself, "there's another castof the dice for it yet."
"I am sorry for that fellow," said Lionel, aloud; "he did me a good turnonce: I might have gone down the torrent, were it not for his aid."
"So you might, man," said Daly, speaking in a half-soliloquy; "he givesthe only chance of victory I've seen yet."
These words, so evidently inapplicable to Lionel's observations, werea perfect enigma; but he did not dare to ask for any explanation, andwalked on in silence beside him.
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