“Very good,” said the counsel; “we may want you again by-and-by, I think, Mr. Withers; but for the present you may retire.”
The next witness called was Dr. Tappenden, who related the circumstances of the admission of Jabez North into his household, the high character he had from the Board of the Slopperton Union, and the confidence reposed in him.
“You placed great trust, then, in this person?” asked the counsel for the prosecution.
“The most implicit trust,” replied the schoolmaster; “so much so, that he was frequently employed by me to collect subscriptions for a public charity of which I was the treasurer — the Slopperton Orphan Asylum. I think it only right to mention this, as on one occasion it was the cause of his calling upon the unfortunate gentleman who was murdered.”
“Indeed! Will you be so good as to relate the circumstance?”
“I think it was about three days before the murder, when, one morning, at a little before twelve o’clock — that being the time at which my pupils are dismissed from their studies for an hour’s recreation — I said to him, ‘Mr. North, I should like you to call upon this Indian gentleman, who is staying with Mrs. Marwood, and whose wealth is so much talked of—”
“Pardon me. You said, ‘whose wealth is so much talked of.’ Can you swear to having made that remark?”
“I can.”
“Pray continue,” said the counsel.
“‘I should like you,’ I said, ‘to call upon this Mr. Harding, and solicit his aid for the Orphan Asylum; we are sadly in want of funds. I know, North, your heart is in the work, and you will plead the cause of the orphans successfully. You have an hour before dinner; it is some distance to the Black Mill, but you can walk fast there and back.’ He went accordingly, and on his return brought a five-pound note, which Mr. Harding had given him.”
Dr. Tappenden proceeded to describe the circumstance of the death of the little boy in the usher’s apartment, on the very night of the murder. One of the servants was examined, who slept on the same floor as North, and who said she had heard strange noises in his room that night, but had attributed the noises to the fact of the usher sitting up to attend upon the invalid. She was asked what were the noises she had heard.
“I heard some one open the window, and shut it a long while after.”
“How long do you imagine the interval to have been between the opening and shutting of the window?” asked the counsel.
“About two hours,” she replied, “as far as I could guess.” The next witness for the prosecution was the old servant, Martha.
“Can you remember ever having seen the prisoner at the bar?”
The old woman put on her spectacles, and steadfastly regarded the elegant Monsieur de Marolles, or Jabez North, as his enemies insisted on calling him. After a very deliberate inspection of that gentleman’s personal advantages, rather trying to the feelings of the spectators, Mrs. Martha Jones said, rather obscurely —
“He had light hair then.”
“‘He had light hair then.’ You mean, I conclude,” said the counsel, “that at the time of your first seeing the prisoner, his hair was of a different colour from what it is now. Supposing that he had dyed his hair, as is not an uncommon practice, can you swear that you have seen him before to-day?”
“I can.”
“On what occasion?” asked the counsel.
“Three days before the murder of my mistress’s poor brother. I opened the gate for him. He was very civil-spoken, and admired the garden very much, and asked me if he might look about it a little.”
“He asked you to allow him to look about the garden? Pray was this as he went in, or as he went out?”
“It was when I let him out.”
“And how long did he stay with Mr. Harding?”
“Not more than ten minutes. Mr. Harding was in his bedroom; he had a cabinet in his bedroom in which he kept papers and money, and he used to transact all his business there, and sometimes would be there till dinner-time.”
“Did the prisoner see him in his bedroom?”
“He did. I showed him upstairs myself.”
“Was anybody in the bedroom with Mr. Harding when he saw the prisoner?”
“Only his coloured servant: he was always with him.”
“And when you showed the prisoner out, he asked to be allowed to look at the garden? Was he long looking about?”
“Not more than five minutes. He looked more at the house than the garden. I noticed him looking at Mr. Harding’s window, which is on the first floor; he took particular notice of a very fine creeper that grows under the window.”
“Was the window, on the night of the murder, fastened, or not?”
“It never was fastened. Mr. Handing always slept with his window a little way open.”
After Martha had been dismissed from the witness-box, the old servant of Mr. Harding, the Lascar, who had been found living with a gentleman in London, was duly sworn, prior to being examined.
He remembered the prisoner at the bar, but made the same remark as Martha had done, about the change in colour of his hair.
“You were in the room with your late master when the prisoner called upon him?” asked the counsel.
“I was.”
“Will you state what passed between the prisoner and your master?”
“It is scarcely in my power to do so. At that time I understood no English. My master was seated at his cabinet, looking over papers and accounts. I fancy the prisoner asked him for money. He showed him papers both printed and written. My master opened a pocket-book filled with notes, the pocket-book afterwards found on his nephew, and gave the prisoner a bank note. The prisoner appeared to make a good impression on my late master, who talked to him in a very cordial manner. As he was leaving the room, the prisoner made some remark about me, and I thought from the tone of his voice, he was asking a question.”
“You thought he was asking a question?”
“Yes. In the Hindostanee language we have no interrogative form of speech, we depend entirely on the inflexion of the voice; our ears are therefore more acute than an Englishman’s. I am certain he asked my master some questions about me.”
“And your master — ?”
“After replying to him, turned to me, and said, ‘I am telling this gentleman what a faithful fellow you are, Mujeebez, and how you always sleep in my dressing-room.”’
“You remember nothing more?”
“Nothing more.”
The Indian’s deposition, taken in the hospital at the time of the trial of Richard Marwood, was then read over to him. He certified to the truth of this deposition, and left the witness-box.
The landlord of the Bargeman’s Delight, Mr. Darley, and Mr. Peters (the latter by an interpreter), were examined, and the story of the quarrel and the lost Indian coin was elicited, making considerable impression on the jury.
There was only one more witness for the crown, and this was a young man, a chemist, who had been an apprentice at the time of the supposed death of Jabez North, and who had sold to him a few days before that supposed suicide the materials for a hair-dye.
The counsel for the prosecution then summed up.
It is not for us to follow him through the twistings and windings of a very complicated mass of evidence; he had to prove the identity of Jabez North with the prisoner at the bar, and he had to prove that Jabez North was the murderer of Mr. Montague Harding. To the mind of every spectator in that crowded court he succeeded in proving both.
In vain the prisoner’s counsel examined and cross-examined the witnesses.
The witnesses for the defence were few. A Frenchman, who represented himself as a Chevalier of the Legion of Honour, failed signally in an endeavour to prove an alibi, and considerably damaged the defence. Other witnesses appeared, who swore to having known the prisoner in Paris the year of the murder. They could not say they had seen him during the November of that year — it might have been earlier, it might have been later. On
being cross-examined, they broke down ignominiously, and acknowledged that it might not have been that year at all. But they had known him in Paris about that period. They had always believed him to be a Frenchman. They had always understood that his father fell at Waterloo, in the ranks of the Old Guard. On cross-examination they all owned to having heard him at divers periods speak English. He had, in fact, spoken it fluently, yes, even like an Englishman. On further cross-examination it also appeared that he did not like being thought an Englishman; that he would insist vehemently upon his French extraction; that nobody knew who he was, or whence he came; and that all any one did know of him was what he himself had chosen to state.
The defence was long and laboured. The prisoner’s counsel did not enter into the question of the murder having been committed by Jabez North, or not having been committed by Jabez North. What he endeavoured to show was, that the prisoner at the bar was not Jabez North; but that he was a victim to one of those cases of mistaken identity of which there are so many on record both in English and foreign criminal archives. He cited the execution of the Frenchman Joseph Lesurges, for the murder of the Courier of Lyons. He spoke of the case of Elizabeth Canning, in which a crowd of witnesses on either side persisted in supporting entirely conflicting statements, without any evident motive whatsoever. He endeavoured to dissect the evidence of Mr. William Withers; he sneered at that worthy citizen’s wholesale slaughter of the English of her most gracious Majesty and subjects. He tried to overthrow that gentleman by ten minutes on the wrong side of the Slopperton docks; he did his best to damage him by puzzling him as to whether the truck he spoke of had two legs and one wheel, or two wheels and one leg: but he tried in vain. Mr. Withers was not to be damaged; he stood as firm as a rock, and still swore that he carried the dead body of Jim Lomax out of Blind Peter and on to the heath, and that the man who commanded him so to do was the prisoner at the bar. Neither was Mr. Augustus Darley to be damaged; nor yet the landlord of the Bargeman’s Delight, who, in spite of all cross-examination, preserved a gloomy and resolute attitude, and declared that “that young man at the bar, which his hair was then light, had a row with a young woman in the tap-room, and throwed that there gold coin to her, which she chucked it back savage.” In short, the defence, though it lasted two hours and a half, was a very lame one; and a close observer might have seen one flash from the blue eyes of the man standing at the bar, which glanced in the direction of the eloquent Mr. Prius, Q.C., as he uttered the last words of his peroration, revengeful and murderous enough, brief though it was, to give to the spectator some idea that the Count de Marolles, innocent and injured victim of circumstantial evidence as he might be, was not the safest person in the world to offend.
The judge delivered his charge to the jury, and they retired.
There was breathless impatience in the court for three-quarters of an hour; such impatience that the three-quarters seemed to be three entire hours, and some of the spectators would have it that the clock had stopped. Once more the jury took their places.
“Guilty!” A recommendation to mercy? No! Mercy was not for such as he. Not man’s mercy. Oh, Heaven be praised that there is One whose mercy is as far above the mercy of the tenderest of earth’s creatures as heaven is above that earth. Who shall say where is the man so wicked he may not hope for compassion there?
The judge put on the black cap and delivered the sentence. “To be hanged by the neck!”
The Count de Marolles looked round at the crowd. It was beginning to disperse, when he lifted his slender ringed white hand. He was about to speak. The crowd, swaying hither and thither before, stopped as one man. As one man, nay, as one surging wave of the ocean, changed, in a breath, to stone. He smiled a bitter mocking defiant smile.
“Worthy citizens of Slopperton,” he said, his clear enunciation ringing through the building distinct and musical, “I thank you for the trouble you have taken this day on my account. I have played a great game, and I have lost a great stake; but, remember, I first won that stake, and for eight years held it and enjoyed it. I have been the husband of one of the most beautiful and richest women in France. I have been a millionaire, and one of the wealthiest merchant princes of the wealthy south. I started from the workhouse of this town; I never in my life had a friend to help me or a relation to advise me. To man I owe nothing. To God I owe only this, a will as indomitable as the stars He made, which have held their course through all time. Unloved, unaided, unprayed for, unwept; motherless, fatherless, sisterless, brotherless, friendless; I have taken my own road, and have kept to it; defying the earth on which I have lived, and the unknown Powers above my head. That road has come to an end, and brought me — here! So be it! I suppose, after all, the unknown Powers are strongest I Gentlemen, I am ready.” He bowed and followed the officials who led him from the dock to a coach waiting for him at the entrance to the court. The crowd gathered round him with scared faces and eager eyes.
The last Slopperton saw of the Count de Marolles was a pale handsome face, a sardonic smile, and the delicate white hand which rested upon the door of the hackney-coach.
Next morning, very early, men with grave faces congregated at street-corners, and talked together earnestly. Through Slopperton like wildfire spread the rumour of something, which had only been darkly hinted at the gaol.
The prisoner had destroyed himself!
Later in the afternoon it was known that he had bled himself to death by means of a lancet not bigger than a pin, which he had worn for years concealed in a chased gold ring of massive form and exquisite workmanship.
The gaoler had found him, at six o’clock on the morning after his trial, seated, with his bloodless face lying on the little table of his cell, white, tranquil, and dead.
The agents from an exhibition of wax-works, and several phrenologists, came to look at and to take casts of his head, and mass of the handsome and aristocratic face. One of the phrenologists, who had given an opinion on his cerebral development ten years before, when Mr. Jabez North was considered a model of all Sloppertonian virtues and graces, and who had been treated with ignominy for that very opinion, was now in the highest spirits, and introduced the whole story into a series of lectures, which were afterwards very popular. The Count de Marolles, with very long eyelashes, very small feet, and patent-leather boots, a faultless Stultsian evening costume, a white waistcoat, and any number of rings, was much admired in the Chamber of Horrors at the eminent wax-work exhibition above mentioned, and was considered well worth the extra sixpence for admission. Young ladies fell in love with him, and vowed that a being — they called him a being — with such dear blue glass eyes, with beautiful curly eyelashes, and specks of lovely vermilion in each corner, could never have committed a horrid murder, but was, no doubt, the innocent victim of that cruel circumstantial evidence. Mr. Splitters put the Count into a melodrama in four periods — not acts, but periods: 1. Boyhood — the Workhouse. 2. Youth — the School. 3. Manhood — the Palace. 4. Death — the Dungeon. This piece was very popular, and as Mr. Percy Cordonner had prophesied, the Count was represented as living en permanence in Hessian boots with gold tassels; and as always appearing, with a spirited disregard for the unities of time and space, two or three hundred miles distant from the spot in which he had appeared five minutes before, and performing in scene four the very action which his foes had described as being already done in scene three. But the transpontine audiences to whom the piece was represented were not in the habit of asking questions, and as long as you gave them plenty of Hessian boots and pistol-shots for their money, you might snap your fingers at Aristotle’s ethics, and all the Greek dramatists into the bargain. What would they have cared for the classic school? Would they have given a thank-you for “Zaire, vows pleurez!” or “Qu’il mourut!” No; give them enough blue fire and honest British sentiment, with plenty of chintz waistcoats and top-boots, and you might laugh Corneille and Voltaire to scorn, and be sure of a long run on the Surrey side of the water.
So t
he race was run, and, after all, the cleverest horse was not the winner. Where was the Countess de Marolles during her husband’s trial? Alas! Valerie, thine has been a troubled youth, but it may be that a brighter fate is yet in store for thee!
CHAPTER THE LAST. FAREWELL TO ENGLAND.
SCARCELY had Slopperton subsided in some degree from the excitement into which it had been thrown by the trial and suicide of Raymond de Marolles, when it was again astir with news, which was, if anything, more exciting. It is needless to say that after the trial and condemnation of De Marolles, there was not a little regretful sympathy felt by the good citizens of Slopperton for their unfortunate townsman, Richard Marwood, who, after having been found guilty of a murder he had never committed, had perished, as the story went, in a futile attempt to escape from the asylum in which he had been confined. What, then, were the feelings of Slopperton when, about a month after the suicide of the murderer of Montague Harding, a paragraph appeared in one of the local papers which stated positively that Mr. Richard Marwood was still alive, he having succeeded in escaping from the county asylum?
Delphi Works of M. E. Braddon Page 43