All who heard believed; and scarcely had he concluded his address, when the jury appeared impatient to rise and give their verdict in his favour. But the judge stood up, and, addressing the jury, told them that it was his most painful duty to remind them that as yet they had heard but assertion, beautiful and almost convincing assertion truly; but still it was not proof.
“Alas!” observed Francisco, “what evidence can I bring forward, except the evidence of those around me at the bar, which will not be admitted? Can I recall the dead from the grave? Can I expect those who have been murdered to rise again to assert my innocence? Can I expect that Don Cumanos will appear from distant leagues to give evidence on my behalf? Alas he knows not how I am situated, or he would have flown to my succour. No, no; not even can I expect that the sweet Spanish maiden, the last to whom I offered my protection, will appear in such a place as this to meet the bold gaze of hundreds!”
“She is here!” replied a manly voice; and a passage was made through the crowd; and Clara, supported by Edward Templemore, dressed in his uniform, was ushered into the box for the witnesses. The appearance of the fair girl, who looked round her with alarm, created a great sensation. As soon as she was sufficiently composed, she was sworn, and gave her evidence as to Francisco’s behaviour during the time that she was a prisoner on board of the Avenger. She produced the packet which had saved the life of Francisco, and substantiated a great part of his defence. She extolled his kindness and his generosity; and when she had concluded, every one asked of himself, “Can this young man be a pirate and a murderer?” The reply was, “It is impossible.”
“My lord,” said Edward Templemore, “I request permission to ask the prisoner a question. When I was on board of the wreck of the Avenger, I found this book floating in the cabin. I wish to ask the prisoner, whether, as that young lady has informed me, it is his?” And Edward Templemore produced the Bible.
“It is mine,” replied Francisco.
“May I ask you by what means it came into your possession?”
“It is the only relic left of one who is now no more. It was the consolation of my murdered mother; it has since been mine. Give it to me, sir; I may probably need its support now more than ever.”
“Was your mother murdered, say you?” cried Edward Templemore, with much agitation.
“I have already said so; and I now repeat it.”
The judge again rose, and recapitulated the evidence to the jury. Evidently friendly to Francisco he was obliged to point out to them, that although the evidence of the young lady had produced much which might be offered in extenuation, and induce him to submit it to His Majesty, in hopes of his gracious pardon after condemnation, yet, that many acts in which the prisoner had been involved had endangered his life and no testimony had been brought forward to prove that he had not, at one time, acted with the pirates, although he might since have repented. They would of course, remember that the evidence of the mate, Hawkhurst, was not of any value, and must dismiss any impression which it might have made against Francisco. At the same time he had the unpleasant duty to point out, that the evidence of the Spanish lady was so far prejudicial, that it pointed out the good terms subsisting between the young man and the pirate-captain. Much as he was interested in his fate, he must reluctantly remind the jury, that the evidence on the whole was not sufficient to clear the prisoner; and he considered it their duty to return a verdict of guilty against all the prisoners at the bar.
“My lord,” said Edward Templemore, a few seconds after the judge had resumed his seat; “may not the contents of this packet, the seal of which I have not ventured to break, afford some evidence in favour of the prisoner? Have you any objection that it should be opened previous to the jury delivering their verdict?”
“None,” replied the judge: “but what are its supposed contents?”
“The contents, my lord,” replied Francisco, “are in the writing of the pirate-captain. He delivered that packet into my hands previous to our quitting the schooner, stating that it would inform me who were my parents. My lord, in my present situation I claim that packet, and refuse that its contents should be read in court. If I am to die an ignominious death, at least those who are connected with me shall not have to blush at my disgrace, for the secret of my parentage shall die with me.”
“Nay—nay; be ruled by me,” replied Edward Templemore, with much emotion. “In the narrative, the handwriting of which can be proved by the king’s evidence, there may be acknowledgment of all you have stated, and it will be received as evidence; will it not, my lord?”
“If the handwriting is proved, I should think it may,” replied the judge, “particularly as the lady was present when the packet was delivered, and heard the captain’s assertion. Will you allow it to be offered as evidence, young man?”
“No, my lord,” replied Francisco; “unless I have permission first to peruse it myself. I will not have its contents divulged, unless I am sure of an honourable acquittal. The jury must deliver their verdict.”
The jury turned round to consult, during which Edward Templemore walked to Francisco, accompanied by Clara, to entreat him to allow the packet to be opened; but Francisco was firm against both their entreaties. At last the foreman of the jury rose to deliver the verdict. A solemn and awful silence prevailed throughout the court; the suspense was painful to a degree.
“My lord,” said the foreman of the jury, “our verdict is—”
“Stop, sir!” said Edward Templemore as he clasped one arm round the astonished Francisco, and extended the other towards the foreman. “Stop, sir! harm him not! for he is my brother!”
“And my preserver!” cried Clara, kneeling on the other side of Francisco, and holding up her hands in supplication.
The announcement was electrical; the foreman dropped into his seat; the judge and whole court were in mute astonishment. The dead silence was followed by confusion, to which, after a time, the judge in vain attempted to put a stop.
Edward Templemore, Clara, and Francisco, continued to form the same group; and never was there one more beautiful. And now that they were together, every one in court perceived the strong resemblance between the two young men.
Francisco’s complexion was darker than Edward’s from his constant exposure, from infancy, to a tropical sun; but the features of the two were the same.
It was some time before the judge could obtain silence in the court; and when it had been obtained, he was himself puzzled how to proceed.
Edward and Francisco, who had exchanged a few words, were now standing side by side.
“My lord,” said Edward Templemore, “the prisoner consents that the packet shall be opened.”
“I do,” said Francisco, mournfully; “although I have but little hope from its contents. Alas! now that I have everything to live for—not that I cling to life, I feel as if every chance was gone! The days of miracles have passed; and nothing but the miracle of the reappearance of the pirate-captain from the grave can prove my innocence.”
“He reappears from the grave to prove thine innocence, Francisco!” said a deep, hollow voice, which startled the whole court, and most of all Hawkhurst and the prisoners at the bar. Still more did fear and horror distort their countenances when into the witness-box stalked the giant form of Cain.
But it was no longer the figure which we have described in the commencement of this narrative; his beard had been removed, and he was pale, wan, and emaciated. His sunken eyes, his hollow cheek, and a short cough, which interrupted his speech, proved that his days were nearly at a close.
“My lord,” said Cain, addressing the judge, “I am the pirate Cain, and was the captain of the Avenger! Still am I free! I come here voluntarily, that I may attest the innocence of that young man! As yet, my hand has not known the manacle, nor my feet the gyves! I am not a prisoner, nor included in the indictment, and at present my evidence is good. None know me in this court, except those whose testimony, as prisoners, is unavailing; and therefore,
to save that boy, and only to save him, I demand that I may be sworn.”
The oath was administered, with more than usual solemnity.
“My lord, and gentlemen of the jury, I have been in court since the commencement of the trial, and I declare that every word which Francisco has uttered in his own defence is true. He is totally innocent of any act of piracy or murder; the packet would, indeed, have proved as much: but in that packet there are secrets which I wished to remain unknown to all but Francisco; and, rather than it should be opened, I have come forward myself. How that young officer discovered that Francisco is his brother I know not; but if he also is the son of Cecilia Templemore, it is true. But the packet will explain all.
“And now, my lords, that my evidence is received, I am content: I have done one good deed before I die, and I surrender myself, as a pirate and a foul murderer, to justice. True, my life is nearly closed—thanks to that villain there; but I prefer that I should meet that death I merit, as an expiation of my many deeds of guilt.”
Cain then turned to Hawkhurst, who was close to him, but the mate appeared to be in a state of stupor; he had not recovered from his first terror, and still imagined the appearance of Cain to be supernatural.
“Villain!” exclaimed Cain, putting his mouth close to Hawkhurst’s ear; “doubly damned villain! thou’lt die like a dog, and unrevenged! The boy is safe, and I’m alive!”
“Art thou really living?” said Hawkhurst, recovering from his fear.
“Yes, living—yes, flesh and blood; feel, wretch! feel this arm, and be convinced: thou hast felt the power of it before now,” continued Cain, sarcastically. “And now, my lord, I have done. Francisco, fare thee well! I loved thee, and have proved my love. Hate not, then, my memory, and forgive me—yes, forgive me when I’m no more,” said Cain, who then turned his eyes to the ceiling of the court-house.—“Yes, there she is, Francisco!—there she is! and see,” cried he, extending both arms above his head, “she smiles upon—yes, Francisco, your sainted mother smiles and pardons—”
The sentence was not finished; for Hawkhurst, when Cain’s arms were upheld, perceived his knife in his girdle, and, with the rapidity of thought, he drew it out, and passed it through the body of the pirate-captain.
Cain fell heavily on the floor while the court was again in confusion. Hawkhurst was secured, and Cain raised from the ground.
“I thank thee, Hawkhurst!” said Cain, in an expiring voice; “another murder thou hast to answer for: and you have saved me from the disgrace, not of the gallows, but of the gallows in thy company. Francisco, boy, farewell!” and Cain groaned deeply, and expired.
Thus perished the renowned pirate-captain, who in his life had shed so much blood, and whose death produced another murder. “Blood for blood!”
The body was removed; and it now remained but for the jury to give their verdict. All the prisoners were found guilty, with the exception of Francisco, who left the dock accompanied by his newly-found brother, and the congratulations of every individual who could gain access to him.
CHAPTER EIGHTEEN
Conclusion
Our first object will be to explain to the reader by what means Edward Templemore was induced to surmise that in Francisco, whom he considered as a rival, he had found a brother; and also to account for the reappearance of the pirate Cain.
In pursuance of his orders, Edward Templemore had proceeded on board of the wreck of the Avenger; and while his men were employed in collecting articles of great value which were on board of her, he had descended into the cabin, which was partly under water. He had picked up a book floating near the lockers, and on examination found it to be a Bible.
Surprised at seeing such a book on board of a pirate, he had taken it with him when he returned to the Enterprise, and had shown it to Clara, who immediately recognised it as the property of Francisco. The book was saturated with the salt water, and as Edward mechanically turned over the pages, he referred to the title-page to see if there was any name upon it. There was not: but he observed that the blank or fly-leaf next to the binding had been pasted down, and that there was writing on the other side. In its present state it was easily detached from the cover; and then, to his astonishment, he read the name of Cecilia Templemore—his own mother. He knew well the history; how he had been saved, and his mother and brother supposed to be lost; and it may readily be imagined how great was his anxiety to ascertain by what means her Bible had come into the possession of Francisco. He dared not think Francisco was his brother—that he was so closely connected with one he still supposed to be a pirate: but the circumstance was possible; and although he had intended to have remained a few days longer, he now listened to the entreaties of Clara, whose peculiar position on board was only to be justified by the peculiar position from which she had been rescued, and returning that evening to the wreck he set fire to her, and then made all sail for Port Royal.
Fortunately he arrived, as we have stated, on the day of the trial; and as soon as the signal was made by the admiral he immediately manned his gig, and, taking Clara with him, in case her evidence might be of use, arrived at the Court House when the trial was about half over.
In our last chapter but one, we stated that Cain had been wounded by Hawkhurst, when he was swimming on shore, and had sunk; the ball had entered his chest, and passed through his lungs. The contest between Hawkhurst and Francisco, and their capture by Edward, had taken place on the other side of the ridge of rocks in the adjacent cove, and although Francisco had seen Cain disappear, and concluded that he was dead, it was not so; he had again risen above the water, and dropping his feet and finding bottom, he contrived to crawl out, and wade into a cave adjacent, where he lay down to die.
But in this cave there was one of the Avenger’s boats, two of the pirates mortally wounded, and the four Kroumen, who had concealed themselves there with the intention of taking no part in the conflict, and, as soon as it became dark, of making their escape in the boat, which they had hauled up dry into the cave.
Cain staggered in, recovered the dry land; and fell. Pompey, the Krouman, perceiving his condition, went to his assistance and bound up his wound, and the stanching of the blood soon revived the pirate-captain. The other pirates died unaided.
Although the island was searched in every direction, this cave, from the water flowing into it, escaped the vigilance of the British seamen; and when they re-embarked, with the majority of the pirates captured, Cain and the Kroumen were undiscovered.
As soon as it was dark, Cain informed them of his intentions; and although the Kroumen would probably have left him to his fate, yet, as they required his services to know how to steer to some other island, he was assisted into the stern-sheets, and the boat was backed out of the cave.
By the direction of Cain they passed through the passage between the great island and the northern Caique, and before daylight were far away from any chance of capture.
Cain had now to a certain degree recovered, and knowing that they were in the channel of the small traders, he pointed out to the Kroumen that, if supposed to be pirates, they would inevitably be punished, although not guilty, and that they must pass off as the crew of a small coasting-vessel which had been wrecked. He then, with the assistance of Pompey, cut off his beard as close as he could, and arranged his dress in a more European style. They had neither water nor provisions, and were exposed to a vertical sun. Fortunately for them, and still more fortunately for Francisco, on the second day they were picked up by an American brig bound to Antigua.
Cain narrated his fictitious disasters, but said nothing about his wound, the neglect of which would certainly have occasioned his death a very few days after he appeared at the trial, had he not fallen by the malignity of Hawkhurst.
Anxious to find his way to Port Royal, for he was indifferent as to his own life, and only wished to save Francisco, he was overjoyed to meet a small schooner trading between the islands, bound to Port Royal. In that vessel he obtained a passage for himself
and the Kroumen, and had arrived three days previous to the trial, and during that time had remained concealed until the day that the Admiralty Court assembled.
It may be as well here to remark, that Cain’s reason for not wishing the packet to be opened was, that among the other papers relative to Francisco were directions for the recovery of the treasure which he had concealed, and which, of course, he wished to be communicated to Francisco alone.
We will leave the reader to imagine what passed between Francisco and Edward after the discovery of their kindred, and proceed to state the contents of the packet, which the twin-brothers now opened in the presence of Clara alone.
We must, however, condense the matter, which was very voluminous. It stated that Cain, whose real name was Charles Osborne, had sailed in a fine schooner from Bilboa, for the coast of Africa, to procure a cargo of slaves; and had been out about twenty-four hours when the crew perceived a boat apparently with no one in her, about a mile ahead of them. The water was then smooth, and the vessel had but little way. As soon as they came up with the boat, they lowered down their skiff to examine her.
The men sent in the skiff soon returned, towing the boat alongside. Lying at the bottom of the boat were found several men almost dead, and reduced to skeletons; and in the stern-sheets a negro woman, with a child at her breast, and a white female in the last state of exhaustion.
Osborne was then a gay and unprincipled man, but not a hardened villain and murderer, as he afterwards became; he had compassion and feeling—they were all taken on board the schooner: some recovered, others were too much exhausted. Among those restored was Cecilia Templemore and the infant, who at first had been considered quite dead; but the negro woman, exhausted by the demands of her nursling and her privations, expired as she was being removed from the boat. A goat, that fortunately was on board, proved a substitute for the negress; and before Osborne had arrived off the coast, the child had recovered its health and vigour, and the mother her extreme beauty.
The Pirate Story Megapack: 25 Classic and Modern Tales Page 136