Next day he wrote a long letter to Georgina telling her what had happened, expressing his deep contrition and assuring her that the thrust with which he had killed Beefy had been entirely an accident.
Two days later, to his amazement and acute distress, he received a brief reply in her round, flowing hand, 'Since you have killed one of the best men who ever lived and by so doing ruined my life you can expect no sympathy from me. Kicking your heels for a few months in prison may cure you of your belligerent ways, which may be suitable when adventuring abroad, but in this country are a menace to decent people.'
Roger could appreciate her distress at having lost Beefy, but he felt it unfair that she should entirely ignore the fact that, had she taken notice of his warning and not encouraged Gunston, she would have had no trouble with him; and that it was owing to her having called him, Roger, to her aid that the tragedy had taken place.
Being in such low spirits, he would have preferred to stay in Amesbury House and spend most of his time attempting to concentrate on the books in the library. But Droopy Ned insisted that shutting himself up and brooding was bad for him; so he allowed himself to be persuaded to join him in leading the normal life of a man-about-town.
On his visits to White's he at least met with congenial company, for the Tories there were as indignant as he about the peace terms. To add insult to injury, only the day after the Peace of Amiens had been signed, the news had come through that the French army in Egypt had surrendered.
Early in 1800, soon after Roger had brought Bonaparte's offer of peace to London, General Kleber, who was then commanding in Egypt, had concluded an armistice with Sir Sidney Smith on the basis of the French being allowed honourably to evacuate the country. But the government in London had delayed so long in ratifying the agreement that, by the time they did, Bonaparte, angered by their rejection of his offer of a general pacification, had refused his consent.
Kleber had been menaced at that time by an army of 70,000 Turks who were advancing from Heliopolis on Cairo. With only 10.000 men at his disposal he had inflicted a crushing defeat on these allies of Britain, so it had then looked as though the French would be able to maintain themselves in Egypt indefinitely.
Two factors had since reduced their chances of doing so. On Weber's assassination in June be had been succeeded by General Menou, who possessed neither his ability nor determination; and in October Henry Dundas had pushed Pitt into sending an expeditionary force to Egypt under that tough old fighter, General Sir Ralph Abercrombie. Owing to distance, reports of operations were long delayed, and for many months past it had been assumed that the war in Egypt had more or less reached a stalemate. Now this despatch had come in, reporting that on August 15th the French had capitulated.
Within a fortnight it was not only Pitt's old supporters who were denouncing the government; the City, too, and the merchants in all the principal cities of the realm were up in arms. For it now emerged that peace did not, after all, mean a resumption of free trade with the Continent. No stipulation whatever for this had been included in the Treaty, so it had gone by default; and it now became clear that the First Consul intended to reimpose the extortionate tariff on the import of British goods that had existed in the early days of the Revolution.
By the end of April the names of Cornwallis, Merry, Bonaparte and Talleyrand were being cursed on all sides, the first two as fools and the second two as tricksters, as more and more details about the negotiations at Amiens became known. During the preliminaries the British had put forward numerous requirements and matters that would have been to their country's advantage, and the French had agreed to many of them—but only verbally. When the written Treaty was produced it had contained none of them. Cornwallis had vigorously protested, but by then the whole nation was expecting the longed-for peace and. had it failed to mature, the government would have fallen: so Cornwallis had signed and brought home the awful document. But on the last day of April Roger had other things to think about. His trial had been set down for May 20th. and he had held several conferences with Sergeant Burnfurze. Now, the Sergeant, by habit a most jovial man, arrived at Amesbury House looking extremely glum.
After a preliminary cough, he boomed, 'Mr. Brook, I am sorry to say that your affair is going far from well. The agents of the law have been investigating the matter and have recommended that the charge preferred against you should be changed to one of murder.'
'Murder!' exclaimed Roger, aghast.
'Yes, sir. It seems there are certain grounds for supposing that you had reasons for wishing the deceased out of the way; and that the rapier thrust by which he met his death was directed at him deliberately.'
'This is absurd, fantastic: utter nonsense!'
'I have every confidence that you are right in that, sir. But—er—certain allegations are made that you may find difficult to deny.' Sonorously then the Sergeant gave particulars. In both January and March, Roger had on numerous occasions cither accompanied Georgina back to the St. Ermins' mansion in Berkeley Square late at night and had remained with her for several hours before taking his departure, or had spent whole evenings alone with her there. No more positive evidence could be needed that he had been her lover. Further, on the evening preceding John Beefy's death, a footman, one James Trigg, employed at Stillwaters had entered the small drawing room shortly after Roger's arrival and found him quarrelling with his host. Trigg had at once withdrawn, but a natural if reprehensible curiosity had led him to remain outside listening to the exchanges that took place. He had heard Beefy declare that he would not tolerate further visits to the house by his wife's lover and, it was argued, since Roger had been for so many years a favoured guest there, his umbrage had been such that he had seized on the opportunity to remove the impediment to his continuing to enjoy these sessions with his mistress in her country home.
Roger continued to protest his innocence but, when the bulky Sergeant Burnfurze had waddled away on his absurdly short legs, he had to admit to himself with considerable alarm that the case appeared very black against him. Georgina's impetuous nature had often led her to use endearments to him in front of the servants and, owing to their long association, he had allowed himself to become careless about his comings and goings at Berkeley Square. Delightful as had been those little suppers they had enjoyed together in her boudoir in front of a roaring fire, it looked now as though he might have to pay a very heavy price for them.
Greatly perturbed, he consulted Droopy; but that astute, if eccentric, man of the world could give him no comfort. Jenny, Roger knew, would let herself be torn in pieces rather than talk, and many of the other servants at Stillwaters and at Berkeley Square were too attached both to their mistress and to himself to admit to what they must know; but there were others who would have no such scruples and, above all, there was the quarrel that James Trigg, a comparative newcomer to the household, had overheard.
On May 8th Roger was again taken into custody, escorted to Guildford, and charged with murder. The Grand Jury found a true Bill, and it was ordered that, instead of being arraigned for manslaughter, he should stand his trial on the 20th on the capital charge.
His father came up from Hampshire to see him and offered financial support to the limit of his resources. Colonel Thursby came over from Stillwaters and showed the deepest concern. Georgina, he told Roger, had decided that she wished to be quite alone for a while, in order that she might endeavour to forget the tragedy of which Stillwaters constantly reminded her; so she had taken a small house at Weymouth with Jenny to look after her. He added that, since she could not assist in Roger's defence, he hoped to persuade the authorities to refrain from calling her as a witness so that she should be spared the ordeal of appearing in Court and, should he succeed in that, he did not intend to inform her that the charge against Roger had been increased to a degree that now endangered his life. But. should the worst happen, he would, of course, set out at once for Weymouth himself and break the terrible news to her.
Droopy and Sergeant Burnfurze took rooms at the George, other eminent lawyers were sent for and there were numerous consultations, but on considering the weight of evidence none of them could hold out firm hope of an acquittal.
On the morning of the 20th the trial was opened with due solemnity. In a hushed silence the scarlet-robed Judge took his scat. As the crowd subsided with a rustle, Roger was brought in, bowed to the Judge and looked about him. Among the dozen grey-wigged lawyers in the well of the Court he saw his father, Colonel Thursby and Droopy, and smiled at them. Glancing round, he was for a moment surprised to see that the public gallery, instead of being occupied with the usual small, nondescript crowd, was packed to capacity with men and women of fashion, many of whom he knew. He realized then that it was Georgina's name being coupled with his own in such a scandal that had brought them down from London.
The Counsel for the Crown was a small, waspish man who wore his wig slightly awry, had a nose ending in so sharp a point that it quite fascinated Roger, and took snuff with great frequency. Having outlined the case he called his witnesses. George Gunston again told the truth and nothing but the truth. James Trigg stood up well to Sergeant Burnfurze's browbeating and could not be shaken in his story. Several other servants testified, mostly with reluctance, that they had seen their mistress and Roger in compromising situations.
Burnfurze took the only line of defence open to him: namely that Gunston had given Roger great provocation and had refused a challenge to meet him in a duel; that Roger had snatched up a sword only with the intention of driving him from the house; that the deceased's appearance on the scene was entirely fortuitous and that he had become a victim of the brawl only because Roger had been so nearly dead-drunk as to be incapable of directing the thrust of his weapon.
Under cross-examination Gunston, his honour being at stake, flatly denied that he had refused a challenge. He insisted that he had refused only to fight Roger there and then without seconds and the observance of proper formalities.
During the evidence much had been said to show that, although Roger's visits to Stillwaters occurred only at long intervals, he obviously regarded it as his second home, particularly as his little daughter was being brought up there with the young Earl of St. Ermins. It was therefore evident that, having been debarred from visiting the house in future, he had much to lose; whereas with Beefy dead he would be free to continue staying there and making merry in it with his mistress.
In his summing up the Judge stressed this point, and it was clear that on the evidence he believed Roger to be guilty. As Roger was about to be led away he felt it as good as certain that he would be convicted, and he wondered vaguely what the black cap was like that the Judge would put on when sentencing him to be hanged by the neck until dead, after the passing of the next three Sundays.
He had always expected to die from a sword thrust or a bullet, and the thought of being strangled while kicking wildly at the end of a rope both nauseated and frightened him. The Judge had been scrupulously fair, except in one particular for which he could not be blamed, and that could have made no material difference. Gunston's evidence had been truthful and the jury had, if anything, appeared sympathetic. So there were no grounds on which he could lodge an appeal. Thinking again of the horrible death that awaited him, he wished now that the bullet that had hit him at Marengo had done so a few inches lower and proved fatal.
The Judge had already left the dais and the jury had risen, when there was a stir at the back of the Court. Two black-clad women were pushing their way through the press. At the sound of the slight commotion Roger turned, halted, pushed aside the two gaolers who were leading him away and started back towards the dock. He felt certain that he had caught sight of Jenny's face. If so, the other figure, heavily veiled in crepe, could only be Georgina.
Colonel Thursby had left the well of the Court to meet them. Roger's gaolers tried to make him accompany them out and across the corridor to a cell; but he insisted on remaining where he was, and they were reluctant to make a scene by manhandling him. There were hasty, whispered exchanges between Georgina, her father and Sergeant Burnfurze, then the latter went out to speak to the Judge.
Order was called for. The Judge returned and addressed the Counsel for the Prosecution. 'I am informed that the Countess of St. Ermins is now in Court and has asked to be allowed to give evidence. As this may throw new light on this case I am of the opinion we should hear Her Ladyship.'
Georgina mounted the stand, threw back her veil, took the oath and addressed the Judge in a low voice, 'My Lord, I pray you pardon my belated appearance but it was only yesterday that my maid learned from a news sheet that Mr. Brook is accused of murdering my late husband and was to be brought to trial today. I have been travelling all night to get here, because I was the only independent witness of this terrible affair and felt it my duty to give an account of it to the Court.'
The Judge nodded but made no comment, and she went on in a stronger voice to describe what had taken place. Her account differed from Gunston's on two points. She said that he had refused Roger's challenge to a duel; and that at the fatal moment when Roger had lunged at him, the Colonel, having the much heavier weapon, had knocked Roger's rapier aside; so deflecting the thrust that, with considerable impetus still behind it, the blade had pierced her husband's body.
In the first matter she had told the truth, in the second she had deliberately perjured herself; but if she was believed Roger's life would be saved.
Sergeant Burnfurze put a few questions to her, bringing out that Roger, having been very drunk, could have had little control over his weapon yet, having lurched forward, the whole weight of his body would have been behind it.
Counsel for the Prosecution then rose to cross-examine. He asked if it was true that on the evening preceding the tragedy her husband had said in her presence that he would not tolerate further visits to Stillwaters by the defendant.
'Yes,' Georgina replied. 'He did say something to that effect.'
The little lawyer took a pinch of snuff, gave a self-satisfied smile and said, 'Perhaps Your Ladyship can tell us your husband's reason for being averse to continuing to receive Mr. Brook in his house?'
Looking straight at him, Georgina cried in ringing tones, ‘I will; although I doubt not you have already ferreted it out. 'Twas because some rattle-trap servant had told him that Mr. Brook was my lover. And 'twas the truth. I care not who knows it! We have been lovers since we were boy and girl, and no woman ever had a finer, braver man on whom to bestow her favours.'
Georgina's bold declaration caused an excited buzz to run round the Court. The usher called for silence; then Counsel, looking at the jury, said with a slight sneer, 'Her Ladyship's admission is all that was needed to show that she and her lover were so enamoured of one another that they would brook no hindrance to their immoralities. As to my Lady's story of the rapier being struck aside. I leave you, gentlemen, to judge its worth.'
The moment he sat down, Burnfurze lumbered to his feet. 'M'Lud! I protest! I take great exception to my learned colleague's innuendo. My Lady St. Ermins has testified on oath that the rapier was struck aside. She was in a better position to see what occurred than Colonel Gunston, and he has admitted under cross-examination that this was like no ordinary duel, but an exchange of wild blows the sequence of which neither he nor the defendant can recall exactly.
'As to Her Ladyship's generous admission that she and the defendant had been lovers for many years, nothing could more completely demolish the case for the Prosecution. Had they but just met and become newly engaged in a passionate association, it is perhaps possible that the defendant, seized by violent jealousy while too drunk to control his emotion, might have made a thrust at the hated husband of his mistress. But here we have a couple who have been lovers since their teens. In fact this extra-marital relationship was such that passion must have long since died down and given place to an almost conjugal state. And pray observe, gentlemen of the jury, that ther
e was no question of the association being brought to an abrupt end. Stillwaters alone was to be denied to the couple as a place at which to meet. They were perfectly free to see one another wherever and whenever else they would.'
The Judge again summed up. He gave some weight to Georgina's statement that Roger's rapier had been knocked from its intended course by Gunston's heavier weapon, and Burnfurze's argument that as the association between Georgina and Roger had existed for many years it was not reasonable to suppose that a sudden upsurge of jealousy had led him to seize the offered opportunity to kill her husband. But he put it to the jury that, in view of Lady St. Ermins' confessed life-long attachment to the defendant, they might consider the evidence she had given to be very highly prejudiced in his favour.
The Court thereupon rose. The judge was solemnly escorted from it, the jury retired to consider their verdict and Roger was taken by his warders to a cell across the corridor.
The jury were absent for six hours. During that time the strain on Roger, waiting to hear the verdict they would bring in, was appalling. He was well aware that Georgina had perjured herself in the hope of saving him; for it had been his off-balance stagger that had caused his rapier to pierce Beefy's side—not, as she had sworn, a blow from Gunston's sword that had turned the thrust. But, after her admission that he had been the one man who really counted in her life, would the jury believe that?
At last the summons came for him to be escorted back to the courtroom. It was by then twilight and candles had been lit, throwing queer shadows upon the walls. The jury filed into their box. The foreman rose, bowed to the Judge and said, 'My Lord, we find the accused "Not guilty".'
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