by Tania Crosse
‘Oh, God, I don’t like the look of this, Seth.’
He instantly jerked up his head. ‘But I’m not giving myself up. To be frank, I’d rather die than go back. If I was guilty and deserved it, I’d serve my sentence like a man. But I’m not, and I might as well be dead as spend ten more years there.’
Rose said nothing, but met his gaze in silence. What he said appalled her, though she could understand how he must feel. Life in the prison must be unimaginably harsh, and must seem so unjust for someone who was innocent. ‘Let me see to your shoulder,’ she said instead, ‘and then you can tell me your story.’
She tried to be gentle as she tended his injuries, but it wasn’t easy, Seth holding himself tense but not uttering a sound until she had finished, even though she knew it must be torture for him. She had done her level best, but heaven alone knew if the cleansed wounds would now improve.
‘I think getting some air to them might help to dry them up. If I arrange the blankets around you . . .’
It took some minutes for him to shift into a suitable position, encumbered as he was by the plaster cast, and then Rose had to get herself comfortable, which was becoming increasingly difficult. She sat on a bale near Amber, stroking the animal’s silky, domed head and looking down on the five puppies that were nestled against their mother’s flank in a peaceful confusion of sparsely haired bodies and little round tummies that were becoming fatter by the day.
‘Lovely, aren’t they?’ Seth whispered, following her gaze, and when she turned to look at him, he was smiling through his strained expression. The breath quickened in her throat. The even set of his strong teeth was a long white slash in the stubble of his unshaven jaw, his eyes shining softly with a deep tenderness. Beneath them were the dark smudges of a man who hardly slept, who passed every minute in fear, and Rose had deliberately to shy away from the emotion that stirred mysteriously in her breast.
‘Yes,’ she gulped, and had to clear her throat. ‘Now, whilst we have the chance, you’d better tell me what happened.’
The enchanting smile at once faded from Seth’s face and his eyebrows arched. ‘It was the twenty-second of October 1874,’ he began slowly, bowing his head to concentrate his thoughts. ‘I think that date will be printed on my mind for ever. I’d been out of the army for about six months, just travelling around the country wherever I fancied. I worked as and when, casual labour, whatever was available. I didn’t really mind. When you’re used to army conditions, it doesn’t really matter. During that summer I slept in an inn, a barn, under a hedge. Just the freedom of the open road, not having to obey orders, to give orders to my men I didn’t want to give. Everything I owned was slung over my back in a kitbag. I only had myself to please—’
‘Do you not have any family?’
He jerked up his head and his eyes flashed. ‘No!’ he barked, his face taut. ‘Not that I wanted anything to do with.’ But then his expression softened. ‘I’m sorry. That must sound dreadful, but I’m afraid it’s true.’
‘And I’m sorry you feel that way. My father meant the world to me. Since he died, my life’s not been the same . . .’
Her voice trailed off in passionate sadness, but the silence that followed didn’t seem awkward.
‘You have a husband. And a child to look forward to,’ Seth finally said.
‘Ah.’ Rose breathed an enigmatic sigh and a wistful smile lifted the corners of her mouth. ‘But we’re supposed to be talking about you.’
‘Yes. As you wish.’ And she was relieved when he didn’t press her. He clasped his hands, staring down at his intertwined fingers. ‘I’d spent a few weeks working as an assistant drayman for a brewery in Exeter. I’d always jump at the chance to work with horses, you see. The chap had hurt his back, so I was just helping out, really. When he was better, I made my way to Plymouth. I still had some army pay left as well, so I was in no hurry to find work straight away. I’d had the idea that I might try and get on a ship. Work my passage to America, perhaps, and start a new life there. I’d been in Plymouth about a week, trying to decide what to do and making a few enquiries, but I was so near to Dartmoor and wanted to see it properly. Everyone said Tavistock was a good place to see it from, so I decided to walk there. I took two days over it, and arrived on the second evening. I thought I’d call in at a public house and ask about lodgings for a few nights. But I tell you, I wish to God I’d never set foot in the place! If I’d chosen a different establishment, I wouldn’t be in this mess now!’
His voice had risen to an anguished crescendo, and Rose put out a hand to calm him. ‘Sssh,’ she warned. ‘Ned won’t be back for some time, but all the same.’
‘Yes, of course. It was the Exeter Inn,’ he went on, resuming his story. ‘I couldn’t have told you the name then, but I certainly know it now. It’s a coaching inn, so I didn’t want to waste money staying there, and I asked the landlord if he could recommend somewhere cheaper and he told me of a lodging house in a back street around the corner. I bought a mug of ale and sat down on my own in a corner to drink it. Naturally, there were other customers, including one obnoxious fellow, drunk as a lord and annoying everyone else. He was obviously known to the landlord, and he warned him about his behaviour. He was boasting about how much money he had in his pocket. Even took it out and counted it for everyone to see. Said he’d won it gambling. Anyway, at one point he came over to me. Singled me out as a stranger drinking on my own, tried to taunt me, that sort of thing. It was all rather ugly, and I just let him get on with it. I’ve dealt with drunken privates often enough before, and they usually just run out of steam. I stood up to go and buy another drink, and he came up to me again. I was getting fed up with him by then, and suggested to him that he’d had enough to drink, and with that, he decided to give me a bloody nose for absolutely no damned reason. There were plenty of witnesses to the fact that I didn’t retaliate. The landlord refused to serve him then and had him thrown out, but he was still shouting at me and saying it was my fault he couldn’t have another drink. The landlord apologized profusely to me and gave me a glass of brandy on the house. I thought no more about it. I didn’t stay long. I was a stranger and it was dark, and the sooner I found somewhere to stay, the better. I’d been directed into what I believe is the very old part of the town. I expect you know it. Dark, narrow streets. I hadn’t gone very far, less than a hundred yards probably, when it happened.’
He paused, and when Rose glanced at him, she saw him swallow hard, as if summoning the courage to relive whatever it was had caused him to be detained at Her Majesty’s pleasure. ‘Go on,’ she urged, aware that the time was ticking away.
He took a deep breath. ‘I saw two figures struggling in the shadows. And then I heard a cry. One of the figures collapsed on the ground and the other pounced on him. It was dark, but there was enough light coming from the windows of the houses for me to see that he was rifling through the other man’s pockets. There was a couple walking down the street, elderly I think, but they just stood back and watched. Didn’t want to get involved. God knows, I wish I’d done the same.’
‘So what did you do?’
‘Well, I shouted out and started running towards the attacker. It frightened him off and he disappeared into the darkness. It would have been pointless to give chase, and I was more concerned about the chap lying in the street. He’d been stabbed in the side, blood everywhere, and I was trying to stop it. I gained some knowledge of how to deal with wounds in the army, you see. I called out for help. For someone to fetch a doctor. But the couple hurried off round the next corner. I vaguely remember seeing someone else come along and then he, too, disappeared. I’d stopped calling out by then. I was just concentrating on saving the fellow’s life, he was bleeding so much. I was loosening his clothing, trying to make sure he was still breathing. The next thing I knew, I was being dragged away by two constables and was locked up in the police cells.’
Rose could feel her heart pumping nervously in her chest. ‘You mean they thought �
�twas you who’d attacked him?’
‘Exactly,’ he grated with such vehemence he had at once to subdue another cough. ‘The other passer-by had evidently seen me loosening his clothes and assumed I was robbing him, and went off to the police station, which I’m sure you know is just round the corner. The knife was still in him, and as you might imagine, I was covered in his blood, and they put two and two together.’
‘But . . . but surely . . .’ Rose stammered, her eyes wide with horror, ‘surely they couldn’t convict you on that?’
‘Oh, it wasn’t the only so-called evidence,’ Seth scoffed. ‘It turned out the victim was the drunkard from the inn. And . . .’ He paused, and drew in a long, slow breath. ‘The bastard swore it was me.’
Rose stiffened, and her hand went over her open mouth as she found herself trembling. ‘Oh, Seth, no. But surely ’twas his word against yours? I mean—’
But Seth shook his head. ‘There were so many other factors as well. At the inn, there were plenty of witnesses to his punching me in the face, and it was reckoned I’d followed him out to have my revenge. If only I’d flattened him there and then in the inn, which I could have done easily, none of this would have happened. The money he’d been boasting about was gone, of course, and I had a virtually identical amount in my pocket, when minutes before I’d been asking for a room somewhere cheap. I can’t blame the landlord for testifying to that when he was questioned, as it was true. They concluded, naturally,’ he spat with cutting sarcasm, ‘that the money had gone from the drunkard’s pocket into mine.’
‘But couldn’t you have explained how you got that money?’
‘God knows, I tried! The trouble was, I’d often stopped at farms and other places, done a day or two’s work, and then moved on. Most of the time, I didn’t take any notice of the names of the places. The brewery was the only establishment I could definitely name, and I hadn’t earned anything there as they’d given me board instead. The police sergeant did contact a colleague in Exeter and confirmed it, but it didn’t help at all. I really needed a lawyer, but they confiscated all my money as evidence, so I had nothing to pay one with.’
‘But I thought you said you still had some army pay? Couldn’t you have got them to verify that?’
‘I could have done, but there were reasons why I didn’t want them digging up my past. Personal reasons. Nothing sinister, and anyway, as far as they were concerned, I was a stranger, a man travelling the road. Of no fixed abode. I fitted the bill, so I was convicted.’
‘What about your family? Couldn’t they have helped?’
‘Oh, yes, my father would have loved that!’ Seth snorted with a hatred that shook Rose. ‘He’s a wealthy man, doing his level best to rub shoulders with the aristocracy. Our family home is a country house in Surrey with servants, land, two dogs and, of course, horses. But I was always the black sheep. Didn’t fit into my parents’ high-society aspirations. Among other things, I was in love with a girl beneath my station, as they put it. I wanted to marry her, so my father hurriedly bought me a commission in the army. Often you can be on a waiting list for years, but he had a business associate who had a cousin who was a colonel – you can imagine the sort of thing. I was only eighteen years old, so I suppose I felt I had to obey him, but when I eventually came home on leave, the girl had disappeared and I never saw her again. I found out later that her parents had been handsomely paid to move away, taking her with them. Anyway, after a couple of years, I managed to transfer into the cavalry so that at least I was working with horses. My father had to pay extra for that, and he’d already had to purchase my promotion to lieutenant as well, although of course my first commission had been sold on. But it was worth it to him to keep me out of the way, especially as my regiment was posted to India soon afterwards, leaving him and my elder brother to climb the social ladder without me being there to spoil things for them. My father wasn’t too happy, mind, when the purchase system was abolished and he hardly got any compensation. But at least when I got my captaincy, there was nothing to pay and it was keeping me thousands of miles away.’ He paused for breath, sighing heavily. ‘But I’d never been happy in the army. Not being aristocracy, I was an outsider in the officers’ mess. I didn’t hold with the ridiculous shenanigans they got up to, and I never had the money to live up to all their extravagances, even if I’d wanted to. I can’t blame them. I know it was boredom, really. We’d been out there four years, just on patrols, so I can honestly say I’ve never had to kill anyone, thank heavens. The nearest we got to action was a couple of months on exercise. It was soon after that I resigned my commission, made my way back to Bombay and found a ship I could work my passage home on. I never told my parents, although I expect it got back to them eventually. As far as they’re concerned, I’ve disappeared off the face of the earth. And that was another reason why I couldn’t tell the police about the army.’ He bowed his head, lowering his eyes before looking up at her again darkly. ‘I’d been travelling under a false name to make sure my family could never trace me. My real name’s Warrington. Captain Seth Warrington of the 15th The King’s Hussars.’
‘Good Lord.’ Rose blinked her astonished eyes at him. ‘’Tis a lot to take in.’
‘Yes, I know. But for God’s sake, please don’t tell a soul. I can assure you, though, if you were to look up my army record, you’d find in it nothing but an exemplary career. My only fault,’ and here he smiled wryly, ‘was that I was known not to be as ruthless with my men as perhaps I should have been.’
Rose chewed on her fingernail, and then stroked Amber’s head again as she considered the thoughts that swirled in her mind. ‘So the victim, the drunkard, I assume he survived?’
‘Oh, yes. Mainly due to my own actions, the physician in question testified at my trial. If he’d died, I’d probably have found myself swinging at the end of a rope. Mind you, sometimes I wonder if that wouldn’t have been the best thing,’ he added, muttering under his breath.
Rose was appalled. ‘No. Don’t you dare say that. We should never give up hope.’
‘And what hope should I have?’ He exhaled heavily, and dropped his head back, his eyes closed. ‘I was an idiot to run off like that. I’d worked all through the winter in the quarry, and then nine months clearing prison farmland, soaking wet as we dug drainage ditches, and then harnessed to chains dragging out boulders. I’m sure you’ve seen it often enough. You’d treat animals better. So I’d done the worst part. If you work hard, you can earn marks towards your ticket of leave. Reduce your sentence by up to quarter, so my twelve years could have been cut down to a mere nine. The warder by the tunnel, he’s in charge of me. I’m lucky in that, at least. He’s a good sort. One of the few. Not that they’re allowed room for much compassion. The authorities are pretty hard on them, too, or so I gather. Anyway, I worked hard, and he awarded me maximum good marks. And because I’d behaved myself, I was considered trustworthy enough to be transferred to working with the animals. With the mist coming down, the land parties weren’t allowed out. But the animals still have to be fed, and when the mist became so thick and the warder nearest me was busy taking a swig from his hip flask, well, I suddenly thought I might never have such a good chance again. It was a split-second decision. If I’d stopped to think, I wouldn’t have been such a fool. So now, if I’m caught, I’ll be flogged for my troubles and lose all my good marks. I could even have another five years added to my sentence.’
Rose had listened pensively, her lips puckered. ‘But surely, if you can prove you’re innocent—’
‘If you can’t prove it when you’re on trial, you don’t get another chance. I couldn’t have a lawyer to gather any other evidence on my behalf, but I was allowed to cross-examine the witnesses. But the victim, Jonas Chant his name was, he stuck to his story. Well, he would, wouldn’t he? If I were convicted, he’d get his money back. Except that it was my money. The real culprit still had his. I pointed out that he couldn’t possibly have known what his assailant looked like. It was dar
k, and he was four sheets to the wind. Christ, I didn’t recognize him in the dark! But he swore blind it was me. And the chap who’d fetched the policeman, I asked him if he actually saw me attack him, and he admitted he hadn’t. He just saw me going through the devil’s clothes. I was only trying to get to his wounds. But none of my arguments did any good. The jury was convinced, and that was it.’
Rose had pressed her hands together as if in prayer and rested her compressed lips against her joined forefingers as she mulled over what he had told her. ‘What if you could find the elderly couple? If they testify they saw the real attacker run off, and you coming to the rescue, surely that would prove your innocence? And maybe someone else at the inn saw something. Someone behaving suspiciously. As if they were intent on following that devil out into the street. And what if you could retrace your steps, find some of the other places you worked and prove you’d earned that money?’
‘No.’ Seth turned his head towards her and gave an indulgent smile, though a deep sadness glimmered in his eyes. ‘It’s too late. Much as it would be my dearest wish to clear my name. I’m afraid that once you’re convicted, that’s it. There’s no way you can appeal against your sentence, even if you come up with indisputable new evidence.’
Rose flicked up her head, her chin set stubbornly. ‘That’s insane.’
‘It’s the law,’ Seth murmured as he snapped a blade of straw and twined it tightly about his fingers.
‘Then the law’s an ass.’ To her amazement, she heard Seth chuckle, but then they both fell into a ponderous, contemplative silence. Rose really could not believe – could not accept – the injustice of it. But the fact that Seth was being so open about everything that had happened only served to increase her trust in him. ‘Are you absolutely certain there’s no other way?’ she asked as her angry frustration broke the surface again.
Seth cocked one ironic eyebrow. ‘Well, I believe there’s something called a royal pardon. Still makes it sound as if you’re guilty, though, doesn’t it, even though you have to prove yourself beyond a shadow of a doubt? But it’s so rare as to be virtually impossible, and it takes a massive amount of power and influence, not to say money to pay High Court lawyers and everything else that’s involved. You’re trying to overturn a jury’s verdict and a circuit judge’s sentence, after all. So I haven’t a cat in hell’s chance of that, have I?’