Chapter VI: Part 6

"He had taken in, two days before his late mistress was seized with her fatal illness, a small brown paper parcel which had been brought by coach from London, and for which 2s. 10d carriage was charged and paid. The paper found in Mr. Frederick Everett's cabinet was, he could positively swear, from the date and figures marked on it, and the handwriting, the paper wrapper of that parcel. He had given it to young Mr. Everett, who happened to be in the library at the time. About five minutes afterwards, he had occasion to return to the library, to inform him that some fishing-tackle he had ordered was sent home. The door was ajar; and Mr. Frederick did not at first perceive his entrance, as he was standing with his back to the door. The paper parcel he, the butler, had just before delivered was lying open on the table, and Mr. Everett held in one hand a flat tin flask--the witness had no doubt the same found in the cabinet--and in the other a note, which he was reading. He, the witness, coughed, to attract Mr. Everett's attention, who hurriedly turned round, clapped down the flask and the note, shuffling them under the paper wrapper, as if to conceal them, and then, in a very confused manner, and his face as red as flame, asked witness what he wanted there? Witness thought this behavior very strange at the time; but the incident soon passed from his mind, and he had thought no more of it till the finding of the paper and flask as described by the other witnesses."

Mr. Frederick Everett, who had manifested the strangest impassability, a calmness as of despair, throughout the inquiry, which perplexed and disheartened Mr. Sharpe, whose services had been retained by Captain Everett, allowed even this mischievous evidence to pass without a word of comment or explanation; and he was, as a matter of course, fully committed for the wilful murder of his relative. The chain of circumstantial evidence, motive included, was, it was felt, complete--not a link was wanting.

These were the chief incidents disclosed to me by Mr. Sharpe during our long and painful consultation. Of the precise nature of the terrible suspicions which haunted and disturbed me, I shall only in this place say that neither Mr. Sharpe, nor, consequently, myself, would in all probability have guessed or glanced at them, but for the persistent assertions of Miss Carrington, that her lover was madly sacrificing himself from some chimerical motive of honor or duty.

"You do not know, Mr. Sharpe, as I do," she would frequently exclaim with tearful vehemence, "the generous, child-like simplicity, the chivalric enthusiasm, of his character, his utter abnegation of self, and readiness on all occasions to sacrifice his own ease, his own wishes, to forward the happiness of others; and, above all, his fantastic notions of honor--duty, if you will--which would, I feel assured, prompt him to incur any peril, death itself, to shield from danger any one who had claims upon him either of blood or of affection. You know to whom my suspicions point; and how dreadful to think that one so young, so brave, so pious, and so true, should be sacrificed for such a monster as I believe that man to be!"

To all these passionate expostulations the attorney could only reply that vague suspicions were not judicial proofs; and that if Mr. Frederick Everett would persist in his obstinate reserve, a fatal result was inevitable. But Mr. Sharpe readily consented to gratify the wishes of Mr. Carrington and his daughter on one point: he returned the money, not a very large sum, which Captain Everett had sent him, and agreed that Mr. Carrington should supply the funds necessary for the defence of the prisoner.

Our consultation the next day at Mr. Sharpe's was a sad and hopeless one. Nowhere did a gleam of cheerful light break in. The case was overwhelmingly complete against the prisoner. The vague suspicions we entertained pointed to a crime so monstrous, so incredible, that we felt it could not be so much as hinted at upon such, legally considered, slight grounds. The prisoner was said to be an eloquent speaker, and I undertook to draw up the outline of a defence, impugning, with all the dialectic skill I was master of, the conclusiveness of the evidence for the crown. To this, and a host of testimony to character which we proposed to call, rested our faint hopes of "a good deliverance!"

Business was over, and we were taking a glass of wine with Mr. Sharpe, when his chief clerk entered to say that Sergeant Edwards, an old soldier--who had spoken to them some time before relative to a large claim which he asserted he had against Captain Everett, arising out of a legacy bequeathed to him in India, and the best mode of assuring its payment by an annuity, as proposed by the captain--had now called to say that the terms were at last finally arranged, and that he wished to know when Mr. Sharpe would be at leisure to draw up the bond. "He need not fear for his money!" exclaimed Sharpe tartly, "the captain will, I fear, be rich enough before another week has passed over our heads. Tell him to call to-morrow evening; I will see him after I return from court." A few minutes afterwards, I and Mr. Kingston took our leave.

The Crown Court was thronged to suffocation on the following morning, and the excitement of the auditory appeared to be of the intensest kind. Miss Carrington, closely veiled, sat beside her father on one of the side-benches. A true bill against the prisoner had been found on the previous afternoon; and the trial, it had been arranged, to suit the convenience of counsel, should be first proceeded with. The court was presided over by Mr. Justice Grose; and Mr. Gurney--afterwards Mr. Baron Gurney--with another gentleman appeared for the prosecution. As soon as the judge had taken his seat, the prisoner was ordered to be brought in, and a hush of expectation pervaded the assembly. In a few minutes he made his appearance in the dock. His aspect--calm, mournful, and full of patient resignation--spoke strongly to the feelings of the audience, and a low murmur of sympathy ran through the court. He bowed respectfully to the bench, and then his sad, proud eye wandered round the auditory, till it rested on the form of Lucy Carrington, who, overcome by sudden emotion, had hidden her weeping face in her father's bosom. Strong feeling, which he with difficulty mastered, shook his frame, and blanched to a still deeper pallor his fine intellectual countenance. He slowly withdrew his gaze from the agitating spectacle, and his troubled glance meeting that of Mr. Sharpe, seemed to ask why proceedings, which _could_ only have one termination, were delayed. He had not long to wait. The jury were sworn, and Mr. Gurney rose to address them for the crown. Clear, terse, logical, powerful without the slightest pretence to what is called eloquence, his speech produced a tremendous impression upon all who heard it; and few persons mentally withheld their assent to his assertion, as he concluded what was evidently a painful task, "that should he produce evidence substantiating the statement he had made, the man who could then refuse to believe in the prisoner's guilt, would equally refuse credence to actions witnessed by his own bodily eyes."

The different witnesses were then called, and testified to the various facts I have before related. Vainly did Mr. Kingston and I exert ourselves to invalidate the irresistible proofs of guilt so dispassionately detailed. "It is useless," whispered Mr. Sharpe, as I sat down after the cross-examination of the aged butler. "You have done all that could be done; but he is a doomed man, spite of his innocence, of which I feel, every moment that I look at him, the more and more convinced. God help us; we are poor, fallible creatures, with all our scientific machinery for getting at truth!"

The case for the crown was over, and the prisoner was told that now was the time for him to address the jury in answer to the charge preferred against him. He bowed courteously to the intimation, and drawing a paper from his pocket, spoke, after a few preliminary words of course, nearly as follows:--

"I hold in my hand a very acute and eloquent address prepared for me by one of the able and zealous gentlemen who appears to-day as my counsel, and which, but for the iniquitous law which prohibits the advocate of a presumed felon, but possibly quite innocent person, from addressing the jury, upon whose verdict his client's fate depends, would no doubt have formed the subject-matter of an appeal to you not to yield credence to the apparently irrefragable testimony arrayed against me. The substance of this defence you must have gathered from the tenor of the cross-examinations; but so little effect did it produce, I saw, in that form, however ably done, and so satisfied am I that though it were rendered with an angel's eloquence, it would prove utterly impotent to shake the strong conclusions of my guilt, which you, short-sighted, fallible mortals--short-sighted and fallible _because_ mortal!--I mean no disrespect--must have drawn from the body of evidence you have heard, that I will not weary you or myself by reading it. I will only observe that it points especially to the _over_-roof, so to speak, arrayed against me--to the folly of supposing that an intentional murderer would ostentatiously persist in administering the fatal potion to the victim with his own hands, carefully excluding all others from a chance of incurring suspicion. There are other points, but this is by far the most powerful one; and as I cannot believe _that_ will induce you to return a verdict rescuing me from what the foolish world, judging from appearances, will call a shameful death, but which I, knowing my own heart, feel to be sanctified by the highest motives which can influence man--it would be merely waste of time to repeat them. From the first moment, gentlemen, that this accusation was preferred against me, I felt that I had done with this world; and, young as I am, but for one beloved being whose presence lighted up and irradiated this else cold and barren earth, I should, with little reluctance, have accepted this gift of an apparently severe, but perhaps merciful fate. This life, gentlemen," he continued after a short pause, "it has been well said, is but a battle and a march. I have been struck down early in the combat; but of what moment is that, if it be found by Him who witnesses the world-unnoticed deeds of _all_ his soldiers, that I have earned the victor's crown? Let it be your consolation, gentlemen, if hereafter you should discover that you have sent me to an undeserved death, that you at least will not have hurried a soul spotted with the awful crime of murder before its Maker. And oh," he exclaimed in conclusion, with solemn earnestness, "may _all_ who have the guilt of blood upon them hasten, whilst life is still granted them, to cleanse themselves by repentance of that foul sin, so that not only the sacrifice of one poor life, but that most holy and tremendous one offered in the world's consummate hour, may not for them have been made in vain! My lord and gentlemen, I have no more to say. You will doubtless do your duty: I _have_ done mine."

I was about, a few minutes after the conclusion of this strange and unexpected address, to call our witnesses to character, when, to the surprise of the whole court, and the consternation of the prisoner, Miss Carrington started up, threw aside her veil, and addressing the judge, demanded to be heard.

Queenly, graceful, and of touching loveliness did she look in her vehemence of sorrow--radiant as sunlight in her days of joy she must have been--as she stood up, affection-prompted, regardless of self, of the world, to make one last effort to save her affianced husband.

"What would you say, young lady?" said Mr. Justice Grose, kindly. "If you have anything to testify in favor of the prisoner, you had better communicate with his counsel."

"Not that--not that," she hurriedly replied, as if fearful that her strength would fail before she had enunciated her purpose. "Put, my lord, put Frederick--the prisoner, I mean--on his oath. Bid him declare, as he shall answer at the bar of Almighty God, who is the murderer for whom he is about to madly sacrifice himself, and you will then find"--

"Your request is an absurd one," interrupted the judge with some asperity. "I have no power to question a prisoner."

"Then," shrieked the unfortunate lady, sinking back fainting and helpless in her father's arms, "he is lost--lost!"

She was immediately carried out of court; and as soon as the sensation caused by so extraordinary and painful an incident had subsided, the trial proceeded. A cloud of witnesses to character were called; the judge summed up; the jury deliberated for a few minutes; and a verdict of "guilty" was returned. Sentence to die on the day after the next followed, and all was over!

Yes; all was, we deemed, over; but happily a decree, reversing that of Mr. Justice Grose, had gone forth in Heaven. I was sitting at home about an hour after the court had closed, painfully musing on the events of the day, when the door of the apartment suddenly flew open, and in rushed Mr. Sharpe in a state of great excitement, accompanied by Sergeant Edwards, whom the reader will remember had called the previous day at that gentleman's house. In a few minutes I was in possession of the following important information, elicited by Mr. Sharpe from the half-willing, half-reluctant sergeant, whom he had found waiting for him at his office:--

In the first place, Captain Everett was _not_ the father of the prisoner! The young man was the son of Mary Fitzhugh by her _first_ marriage; and his name, consequently, was Mordaunt, not Everett. His mother had survived her second marriage barely six months. Everett, calculating doubtless upon the great pecuniary advantages which would be likely to result to himself as the reputed father of the heir to a splendid English estate, should the quarrel with Mrs. Eleanor Fitzhugh--as he nothing doubted--be ultimately made up, had brought his deceased wife's infant son up as his own. This was the secret of Edwards and his wife; and to purchase their silence, Captain Everett had agreed to give the bond for an annuity which Mr. Sharpe was to draw up. The story of the legacy was a mere pretence. When Edwards was in Yorkshire before, Everett pacified him for the time with a sum of money, and a promise to do more for him as soon as his reputed son came into the property. He then hurried the _cidevant_ sergeant back to London; and at the last interview he had with him, gave him a note addressed to a person living in one of the streets--I forget which--leading out of the Haymarket, together with a five-pound note, which he was to pay the person to whom the letter was addressed for some very rare and valuable powder, which the captain wanted for scientific purposes, and which Edwards was to forward by coach to Woodlands Manor-House. Edwards obeyed his instructions, and delivered the message to the queer bushy-bearded foreigner to whom it was addressed, who told him that, if he brought him the sum of money mentioned in the note on the following day, he should have the article required. He also bade him bring a well-stoppered bottle to put it in. As the bottle was to be sent by coach, Edwards purchased a tin flask, as affording a better security against breakage; and having obtained the powder, packed it nicely up, and told his niece, who was staying with him at the time, to direct it, as he was in a hurry to go out, to Squire Everett, Woodlands Manor-House, Yorkshire, and then take it to the booking-office. He thought, of course, though he said _Squire_ in a jocular way, that she would have directed it _Captain_ Everett, as she knew him well; but it seemed she had not. Edwards had returned to Yorkshire only two days since, to get his annuity settled, and fortunately was present in court at the trial of Frederick Mordaunt, _alias_ Everett, and at once recognized the tin flask as the one he had purchased and forwarded to Woodlands, where it must in due course have arrived on the day stated by the butler. Terrified and bewildered at the consequences of what he had done, or helped to do, Edwards hastened to Mr. Sharpe, who, by dint of exhortations, threats, and promises, judiciously blended, induced him to make a clean breast of it.

As much astounded as elated by this unlooked-for information, it was some minutes before I could sufficiently concentrate my thoughts upon the proper course to be pursued. I was not, however, long in deciding. Leaving Mr. Sharpe to draw up an affidavit of the facts disclosed, I hastened off to the jail, in order to obtain a thorough elucidation of all the mysteries.

The revulsion of feeling in the prisoner's mind when he learned that the man for whom he had so recklessly sacrificed himself was not only _not_ his father, but a cold-blooded villain, who, according to the testimony of Sergeant Edwards, had embittered, perhaps shortened, his mother's last hours, was immediate and excessive. "I should have taken Lucy's advice!" he bitterly exclaimed, as he strode to and fro in his cell; "have told the truth at all hazards, and have left the rest to God." His explanation of the incidents that had so puzzled us all, was as simple as satisfactory. He had always, from his earliest days, stood much in awe of his father, who in the, to young Mordaunt, sacred character of parent, exercised an irresistible control over him; and when the butler entered the library, he believed for an instant it was his father who had surprised him in the act of reading his correspondence; an act which, however unintentional, would, he knew, excite Captain Everett's fiercest wrath. Hence arose the dismay and confusion which the butler had described. He re-sealed the parcel, and placed it in his reputed father's dressing-room; and thought little more of the matter, till, on entering his aunt's bedroom on the first evening of her illness, he beheld Everett pour a small portion of white powder from the tin flask into the bottle containing his aunt's medicine. The terrible truth at once flashed upon him. A fierce altercation immediately ensued in the father's dressing-room, whither Frederick followed him. Everett persisted that the powder was a celebrated Eastern medicament, which would save, if anything could, his aunt's life. The young man was not of course deceived by this shallow falsehood, and from that moment administered the medicine to the patient with his own hands, and kept the bottles which contained it locked up in his cabinet. "On the very morning of my aunt's death, I surprised him shutting and locking one of my cabinet drawers. So dumbfounded was I with horror and dismay at the sight, that he left the room by a side-door without observing me. You have now the key to my conduct. I loathed to look upon the murderer; but I would have died a thousand deaths rather than attempt to save my own life by the sacrifice of a father's--how guilty soever he might be."

Furnished with this explanation, and the affidavit of Edwards, I waited upon the judge, and obtained not only a respite for the prisoner, but a warrant for the arrest of Captain Everett.

It was a busy evening. Edwards was despatched to London in the friendly custody of an intelligent officer, to secure the person of the foreign-looking vender of subtle poisons; and Mr. Sharpe, with two constables, set off in a postchaise for Woodlands Manor-House. It was late when they arrived there, and the servants informed them that Captain Everett had already retired. They of course insisted upon seeing him; and he presently appeared, wrapped in a dressing-gown, and haughtily demanded their business with him at such an hour. The answer smote him as with a thunderbolt, and he staggered backwards, till arrested by the wall of the apartment, and then sank feebly, nervelessly, into a chair. Eagerly, after a pause, he questioned the intruders upon the nature of the evidence against him. Mr. Sharpe briefly replied that Edwards was in custody, and had revealed everything.

"Is it indeed so?" rejoined Everett, seeming to derive resolution and fortitude from the very extremity of despair. "Then the game is unquestionably lost. It was, however, boldly and skilfully played, and I am not a man to whimper over a fatal turn of the dice. In a few minutes, gentlemen," he added, "I shall have changed my dress, and be ready to accompany you."

"We cannot lose sight of you for an instant," replied Mr. Sharpe. "One of the officers must accompany you."

"Be it so: I shall not detain either him or you long."

Captain Everett, followed by the officer, passed into his dressing-room. He pulled off his gown; and pointing to a coat suspended on a peg at the further extremity of the apartment, requested the constable to reach it for him. The man hastened to comply with his wish. Swiftly, Everett opened a dressing-case which stood on a table near him: the officer heard the sharp clicking of a pistol-lock, and turned swiftly round. Too late! A loud report rang through the house; the room was filled with smoke; and the wretched assassin and suicide lay extended on the floor a mangled corpse!

It would be useless minutely to recapitulate, the final winding-up of this eventful drama. Suffice it to record, that Mr. Frederick Mordaunt was, after a slight delay, restored to freedom and a splendid position in society. After the lapse of a decent interval, he espoused Lucy Carrington. Their eldest son represents in this present parliament one of the English boroughs, and is by no means an undistinguished member of the Commons House.

"THE ACCOMMODATION BILL."

Such of the incidents of the following narrative as did not fall within my own personal observation, were communicated to me by the late Mr. Ralph Symonds, and the dying confessions of James Hornby, one of the persons killed by the falling in of the iron roof of the Brunswick Theatre. A conversation the other day with a son of Mr. Symonds, who has been long settled in London, recalled the entire chain of circumstances to my memory with all the vivid distinctness of a first impression.

One evening towards the close of the year 1806, the Leeds coach brought Mr. James Hornby to the village of Pool, on the Wharf, in the West-Riding of Yorkshire. A small but respectable house on the confines of the place had been prepared for his reception, and a few minutes after his descent from the top of the coach, the pale, withered-looking man disappeared within it. Except for occasional trips to Otley, a small market-town distant about three miles from Pool, he rarely afterwards emerged from its seclusion. It was not _Time_, we shall presently see--he was indeed but four-and-forty years of age--that had bowed his figure, thinned his whitening hair, and banished from his countenance all signs of healthy, cheerful life. This, too, appeared to be the opinion of the gossips of the village, who, congregated, as usual, to witness the arrival and departure of the coach, indulged, thought Mr. Symonds, who was an inside passenger proceeding on to Otley, in remarkably free-and-easy commentaries upon the past, present, and future of the new-comer.

"I mind him well," quavered an old white-haired man. "It's just three-and-twenty years ago last Michaelmas. I remember it because of the hard frost two years before, that young Jim Hornby left Otley to go to Lunnon: just the place, I'm told, to give the finishing polish to such a miscreant as he seemed likely to be. He was just out of his time to old Hornby, his uncle, the grocer."

"He that's left him such heaps of money?"

"Ay, boy, the very same, though he wouldn't have given him or any one else a cheese-paring whilst he lived. This one is a true chip of the old block, I'll warrant. You noticed that he rode outside, bitter cold as it is?".

"Surely, Gaffer Hicks. But do ye mind what it was he went off in such a skurry for? Tom Harris was saying last night at the Horse-Shoe, it was something concerning a horse-race or a young woman; he warn't quite sensible which."

"I can't say," rejoined the more ancient oracle, "that I quite mind all the ups and downs of it. Henry Burton horse-whipped him on the Doncaster race-course, _that_ I know; but whether it was about Cinderella that had, they said, been tampered with the night before the race, or Miss Elizabeth Grainsford, whom Burton married a few weeks afterwards, I can't, as Tom Harris says, quite clearly remember."

"Old Hornby had a heavy grip of Burton's farm for a long time before he died, they were saying yesterday at Otley. The sheepskins will now no doubt be in the nephew's strong box."

"True, lad; and let's hope Master Burton will be regular with his payments; for if not, there's Jail and Ruin for him written in capital letters on yon fellow's cast-iron phiz, I can see."

The random hits of these Pool gossips, which were here interrupted by the departure of the coach, were not very wide of the mark. James Hornby, it was quite true, had been publicly horsewhipped twenty-three years before by Henry Burton on the Doncaster race-course, ostensibly on account of the sudden withdrawal of a horse that should have started, a transaction with which young Hornby was in some measure mixed up; but especially and really for having dared, upon the strength of presumptive heirship to his uncle's wealth, to advance pretensions to the fair hand of Elizabeth Gainsford, the eldest daughter of Mr. Robert Gainsford, surgeon, of Otley--pretensions indirectly favored, it was said, by the father, but contemptuously repudiated by the lady. Be this as it may, three weeks after the races, Elizabeth Gainsford became Mrs. Burton, and James Hornby hurried off to London, grudgingly furnished for the journey by his uncle. He obtained a situation as shopman in one of the large grocer establishments of the metropolis; and twenty-three years afterwards, the attorney's letter, informing him that he had succeeded to all his deceased uncle's property, found him in the same place, and in the same capacity.

A perfect yell of delight broke from the lips of the taciturn man as his glance devoured the welcome intelligence. "At last!" he shouted with maniacal glee; and fiercely crumpling the letter in his hand, as if he held a living foe in his grasp, whilst a flash of fiendish passion broke from the deep caverns of his sunken eyes--"at last I have thee on the hip! Ah, mine enemy!--it is the dead--the dead alone that never return to hurl back on the head of the wrong-doer the shame, the misery, the ruin he inflicted in his hour of triumph!" The violence of passions suddenly unreined after years of jealous curb and watchfulness for a moment overcame him, and he reeled as if fainting, into a chair. The fierce, stern nature of the man soon mastered the unwonted excitement, and in a few minutes he was cold, silent, impassable as ever. The letter which he despatched the same evening gave calm, business orders as to his uncle's funeral, and other pressing matters upon which the attorney had demanded instructions, and concluded by intimating that he should be in Yorkshire before many days elapsed. He arrived, as we have seen, and took up his abode at one of the houses bequeathed to him in Pool, which happened to be unlet.

Yes, for more than twenty bitter years James Hornby had savagely brooded over the shame and wrong inflicted on him before the mocking eyes of a brutal crowd by Henry Burton. Ever as the day's routine business closed, and he retired to the dull solitude of his chamber, the last mind-picture which faded on his waking sense was the scene on the crowded race-course, with all its exasperating accessories--the merciless exultation of the triumphant adversary--the jibes and laughter of his companions--the hootings of the mob--to be again repeated with fantastic exaggeration in the dreams which troubled and perplexed his broken sleep. No wonder that the demons of Revenge and Hate, by whom he was thus goaded, should have withered by their poisonous breath the healthful life which God had given--have blasted with premature old age a body rocker with curses to unblessed repose! It seemed, by his after-confessions, that he had really loved Elizabeth Gainsford with all the energy of his violent, moody nature, and that her image, fresh, lustrous, radiant, as in the dawn of life, unceasingly haunted his imagination with visions of tenderness and beauty, lost to him, as he believed, through the wiles, the calumnies, and violence of his detested, successful rival.

The matronly person who, a few days after the Christmas following Hornby's arrival at Pool, was conversing with her husband in the parlor of Grange farmhouse, scarcely realized the air-drawn image which dwelt in the memory of the unforgiving, unforgetting man. Mrs. Burton was at this time a comely dame, whose _embonpoint_ contour, however indicative of florid health and serenity of temper, exhibited little of the airy elegance and grace said to have distinguished the girlhood of Elizabeth Gainsford. Her soft brown eyes were gentle and kind as ever, but the brilliant lights of youth no longer sparkled in their quiet depths, and time had not only "thinned her flowing hair"--necessitating caps--but had brushed the roses from her cheeks, and swept away, with his searing hand, the pale lilies from the furtive coverts whence they had glanced in tremulous beauty, in life's sweet prime; yet for all that, and a great deal more, Mrs. Burton, I have no manner of doubt, looked charmingly in the bright fire-blaze which gleamed in chequered light and shade upon the walls, pictures, curtains of the room, and the green leaves and scarlet berries of the Christmas holly with which it was profusely decorated. Three of her children--the eldest, Elizabeth, a resuscitation of her own youth--were by her side, and opposite sat her husband, whose frank, hearty countenance seemed to sparkle with careless mirth.

"Hornby will be here presently, Elizabeth," said he. "What a disappointment awaits the rascally curmudgeon! His uncle was a prince compared to him."

"Disappointment, Henry! to receive four hundred pounds he did not expect?"

"Ay, truly, dame. Lawyer Symonds' son Frank, a fine, good-hearted young fellow as ever stepped in shoe-leather--Lizzy, girl, if that candle were nearer your face it would light without a match"--

"Nonsense, father!"

"Very likely. Frank Symonds, I was saying, believes, and so does his father, that Hornby would rejoice at an opportunity of returning with interest the smart score I marked upon his back three-and-twenty years ago"

"It was a thoughtless, cruel act, Henry," rejoined his wife, "and the less said of it the better. I hope the fright we have had will induce you to practice a better economy than heretofore; so that, instead of allowing two years' interest to accumulate upon us, we may gradually reduce the mortgage."

"That we will, dear, depend upon it. We shall be pushed a little at first: Kirkshaw, who lent me the two hundred and fifty, can only spare it for a month; but no doubt the bank will do a bill for part of it by that time. But sufficient for the day is the evil thereof. Here is the money for Hornby at all events: and here at last comes the shrivelled atomy; I hear his horse. Fanny, light the candles."

If Mrs. Burton had consciously or unconsciously entertained the self-flattering notion that the still unwedded bachelor who had unsuccessfully wooed her nearly a quarter of a century before, still retained a feeling of regretful tenderness for her, she must have been grievously surprised by the cold, unrecognizing glance which Hornby threw on her as he entered, and curtly replied to her civil greeting. _That_ was not the image stamped upon his heart and brain! But when her eldest daughter approached the lights to place paper and pens upon the table, the flashing glance and white quivering lip of the grave visitor revealed the tempest of emotion which for an instant shook him. He quickly suppressed all outward manifestation of feeling, and in a dry, business tone, demanded if Mr. Burton was ready to pay the interest of the mortgage.

"Yes, thank God," replied Burton, "I am: here is the money in notes of the Governor and Company of the Bank of England. Count them!"

Hornby bent down over the notes, shading his face with his hand, as if more accurately to examine them, and the glance of baffled rage which swept across his features was not observed.

"They are quite right," he said, rising from his chair; "and here is your receipt."

"Very Good! And now, Hornby, let us have a glass of wine together for the sake of old times. Well, well; you need not look so fierce about it. Let bygones be bygones, I say. Oh, if you _will_ go--go in God's name! Good-night!"

"Good-night!"

"Baffled--foiled!" muttered Hornby as he rode homeward. "Where could he get the money? Borrowed it, doubtless, but of whom? Well, patience--patience! I shall grip thee yet, Henry Burton!" And the possessed man turned round in his saddle, and shook his clenched hand in the direction of the house he had quitted. He then steadily pursued his way, and soon regained his hermitage.

The month for which Burton had borrowed the two hundred and fifty pounds passed rapidly--as months always do to borrowers--and expedient after expedient for raising the money was tried in vain. This money must be repaid, Kirkshaw had emphatically told him, on the day stipulated. Burton applied to the bank at Leeds, with which he usually did business, to discount an acceptance, guaranteed by one or two persons whose names he mentioned. The answer was the usual civil refusal to accept the proffered security for repayment--"the bank was just then full of discounts." Burton ventured, as a last resource, to call on Hornby with a request that, as the rapid advance in the market-value of land consequent on the high war-prices obtained for its produce, had greatly increased the worth of Grange Farm, he would add the required sum to the already-existing mortgage. He was met by a prompt refusal. Mr. Hornby intended to foreclose as speedily as possible the mortgages he already held, and invest his capital in more profitable securities. "Well, then--would he lend the amount at any interest he chose?"

"The usury laws," replied Hornby, with his usual saturnine sneer, "would prevent my acceptance of your obliging offer, even if I had the present means, which I have not. My spare cash happens just now to be temporarily locked up."

Burton, half-crazed with anxiety, went the following day to the Leeds bank with the proffer of a fresh name agreed to be lent him by its owner. Useless! "They did not know the party." The applicant mused a few moments, and then said, "Would you discount the note of Mr. James Hornby of Pool?"

"Certainly; with a great deal of pleasure." Burton hurried away; had his horse instantly saddled, and gallopped off to Pool. Hornby was at home.

"You hinted the other day," said Burton, "that if you had not been short of present means you might have obliged me with the loan I required"

"Did I?"

"At least I so understood you. I am of course not ignorant, Mr. Hornby, that there is no good blood between us two; but I also know that you are fond of money, and that you are fully aware that I am quite safe for a few hundred pounds. I am come, therefore, to offer you ten pounds _bonus_ for your acceptance at one month for two hundred and fifty pounds."

"What?" exclaimed Hornby with strange vehemence. "What"

Burton repeated his offer, and Hornby turned away towards the window without speaking.

When he again faced Burton, his countenance wore its usual color; but the expression of his eyes, the applicant afterwards remembered, was wild and exulting.

"Have you a bill stamp?"

"Yes."

"Then draw the bill at once, and I will accept it."

Burton did not require to be twice told. The bill was quickly drawn; Hornby took it to another table at the further end of the apartment, slowly wrote his name across it, folded, and returned it to Burton, who tendered the ten pounds he had offered, and a written acknowledgment that the bill had been drawn and accepted for his (Burton's) accommodation.

"I don't want your money, Henry Burton," said Hornby, putting back the note and the memorandum. "I am not afraid of losing by this transaction. You do not know me yet."

"A queer stick," thought Burton, as he gained the street; "but Old Nick is seldom so black as he's painted! He was a plaguy while, I thought, signing his name; but I wish I could sign mine to such good purpose."

Burton laid the accepted bill, face downwards, on the bank counter, took a pen, indorsed, and passed it to the managing clerk. The gray-headed man glanced sharply at the signature, and then at Burton, "Why, surely this is not Mr. Hornby's signature? It does not at all resemble it!"

"Not his signature!" exclaimed Burton; "what do you mean by that?"

"Reynolds, look here," continued the clerk, addressing another of the bank _employés_. Reynolds looked, and his immediate glance of surprise and horror at Burton revealed the impression he had formed.

"Please to step this way, Mr. Burton, to a private apartment," said the manager.

"No--no, I won't," stammered the unfortunate man, over whose mind a dreadful suspicion had glanced with the suddenness of lightning. "I will go back to Hornby;" and he made a desperate but vain effort to snatch the fatal instrument. Then, pale and staggering with a confused terror and bewilderment, he attempted to rush into the street. He was stopped, with the help of the bystanders, by one of the clerks, who had jumped over the counter for the purpose.

The messenger despatched by the bankers to Hornby returned with an answer that the alleged acceptance was a forgery. It was stated on the part of Mr. Hornby that Mr. Burton had indeed requested him to lend two hundred and fifty pounds, but he had refused. The frantic asseverations of poor Burton were of course disregarded, and he was conveyed to jail. An examination took place the next day before the magistrates, and the result was, that the prisoner was fully committed on the then capital charge for trial at the ensuing assize.

It were useless, as painful, to dwell upon the consternation and agony which fell upon the dwellers at Grange Farm when the terrible news reached them. A confident belief in the perfect innocence of the prisoner, participated by most persons who knew his character and that of Hornby, and that it would be triumphantly vindicated on the day of trial, which rapidly approached, alone enabled them to bear up against the blow, and to await with trembling hope the verdict of a jury.

It was at this crisis of the drama that I became an actor in it. I was retained for the defence by my long-known and esteemed friend Symonds, whose zeal for his client, stimulated by strong personal friendship, knew no bounds. The acceptance, he informed me, so little resembled Hornby's handwriting, that if Burton had unfolded the bill when given back to him by the villain, he could hardly have failed to suspect the nature of the diabolical snare set for his life.

In those days, and until Mr., now Sir, Robert Peel's amendment of the criminal law and practice of this country, the acceptor of a bill of exchange, on the principle that he was _interested_ in denying the genuineness of the signature, could not, according to the English law of evidence, be called, on the part of the prosecution, to prove the forgery; and of course, after what had taken place, we did not propose to call Hornby for the defence. The evidence for the crown consisted, therefore, on the day of trial, of the testimony of persons acquainted with Hornby's signature, that the acceptance across the inculpated bill was not in his handwriting. Burton's behavior at the bank, in endeavoring to repossess himself of the bill by violence, was of course detailed, and told heavily against him.

All the time this testimony was being given, Hornby sat on one of the front seats of the crowded court, exulting in the visible accomplishment of his Satanic device. We could see but little of his face, which, supported on his elbow, was partially concealed by a handkerchief he held in his hand; but I, who narrowly observed him, could occasionally discern flashes from under his pent brows--revealments of the fierce struggle which raged within.

The moment at last arrived for the prisoner, whose eyes had been for some time fixed on Hornby, to speak or read his defence, and a breathless silence pervaded the court.

Burton started at the summons, like a man unexpectedly recalled to a sense of an imperious, but for the moment forgotten, duty.

"James Hornby!" he suddenly cried with a voice which rang through the assembly like a trumpet, "stand up, and if you can face an innocent man"--

Hornby, surprised out of his self-possession, mechanically obeyed the strange order, sprang involuntarily to his feet, let fall the handkerchief that had partially concealed his features, and nervously confronted the prisoner.

"Look at me, I say," continued Burton with increasing excitement; "and as you hope to escape the terrors of the last judgment, answer truly: did you not, with your own hand, and in my presence, sign that bill?"--

"This cannot be permitted," interrupted the judge.

"If you do not speak," proceeded the prisoner, heedless of the intimation from the bench; "or if you deny the truth, my life, as sure as there is a God in heaven, will be required at your hands. If, in consequence of your devilish plotting, these men consign me to a felon's grave, I shall not be cold in it when you will be calling upon the mountains to fall and cover you from the vengeance of the Judge of heaven and earth! Speak, man--save me: save your own soul from mortal peril whilst there is yet time for mercy and repentance!"

Hornby's expression of surprise and confusion had gradually changed during this appeal to its usual character of dogged impassibility. He turned calmly and appealingly towards the bench.

"You need not answer these wild adjurations, Mr. Hornby," said the judge, as soon as he could make himself heard.

A smile curled the fellow's lip as he bowed deferentially to his lordship, and he sat down without uttering a syllable.

"May the Lord, then, have mercy on my soul!" exclaimed the prisoner solemnly. Then glancing at the bench and jury-box, he added, "And you, my lord and gentlemen, work your will with my body as quickly as you may: I am a lost man!"

The calling of witnesses to character, the opening of the judge's charge, pointing from its first sentence to a conviction, elicited no further manifestation of feeling from the prisoner: he was as calm as despair.

The judge had been speaking for perhaps ten minutes, when a bustle was heard at the hall, as if persons were striving to force their way into the body of the court in spite of the resistance of the officers.

"Who is that disturbing the court?" demanded the judge angrily.

"For the love of Heaven let me pass!" we heard uttered in passionate tones by a female voice. "I must and will see the judge!"

"Who can this be?" T inquired, addressing Mr. Symonds.

"I cannot conceive," he replied; "surely not Mrs. Burton?"

I had kept my eye, as I spoke, upon Hornby, and noticed that he exhibited extraordinary emotion at the sound of the voice, to whomsoever it belonged, and was now endeavoring to force his way through the crowded and anxious auditory.

"My lord," said I, "I have to request on the part of the prisoner that the person desirous of admittance may be heard."

"What has she to say? Or if a material witness, why have you not called her at the proper time?" replied his lordship with some irritation.

"My lord, I do not even now know her name; but in a case involving the life of the prisoner, it is imperative that no chance be neglected"--

"Let the woman pass into the witness-box," interrupted the judge.

The order brought before our eyes a pale, stunted woman, of about fifty years of age, whose excited and by no means unintellectual features, and hurried, earnest manner, seemed to betoken great and unusual feeling.

"As I'm alive, Hornby's deformed housekeeper!" whispered Symonds. "This poor devil's knot will be unraveled yet."

The woman, whose countenance and demeanor, as she gave her evidence, exhibited a serious, almost solemn intelligence, deposed to the following effect:--

"Her name was Mary McGrath, and she was the daughter of Irish parents, but born and brought up in England. She had been Mr. Hornby's housekeeper, and remembered well the 4th of February last, when Mr. Burton, the prisoner, called at the house. Witness was dusting in an apartment close to her master's business-room, from which it was only separated by a thin wooden partition. The door was partly open, and she could see as well as hear what was going on without being seen herself. She heard the conversation between the prisoner and her master; heard Mr. Hornby agree to sign the paper--bill she ought to say--for two hundred and fifty pounds; saw him do it, and then deliver it folded up to Mr. Burton."

A shout of execration burst from the auditory as these words were uttered, and every eye was turned to the spot where Hornby had been seated. He had disappeared during the previous confusion.

"Silence!" exclaimed the judge sternly. "Why, woman," he added, "have you never spoken of this before?"

"Because, my lord," replied the witness with downcast looks, and in a low, broken voice--"because I am a sinful, wicked creature. When my master, the day after Mr. Burton had been taken up, discovered that I knew his secret, he bribed me with money and great promises of more to silence. I had been nearly all my life, gentlemen, poor and miserable, almost an outcast, and the temptation was too strong for me. He mistrusted me, however--for my mind, he saw, was sore troubled--and he sent me off to London yesterday, to be out of the way till all was over. The coach stopped at Leeds, and, as it was heavy upon me, I thought, especially as it was the blessed Easter-time, that I would step to the chapel. His holy name be praised that I did! The scales seemed to fall from my eyes, and I saw clearer than I had before the terrible wickedness I was committing. I told all to the priest, and he has brought me here to make what amends I can for the sin and cruelty of which I have been guilty. There--there is all that is left of the wages of crime," she added, throwing a purse of money on the floor of the court; and then bursting into a flood of tears, she exclaimed with passionate earnestness, "for which may the Almighty of his infinite mercy pardon and absolve me!"

"Amen!" responded the deep husky voice of the prisoner, snatched back, as it were, from the very verge of the grave to liberty and life. "Amen, with all my soul!"

The counsel for the crown, cross-examined the witness, but his efforts only brought out her evidence in, if possible, a still clearer and more trustworthy light. Not a thought of doubt was entertained by any person in the court, and the jury, with the alacrity of men relieved of a grievous burthen, and without troubling the judge to resume his interrupted charge, returned a verdict of acquittal.

The return of Burton to his home figured as an ovation in the Pool and Otley annals. The greetings which met him on all sides were boisterous and hearty, as English greetings usually are; and it was with some difficulty the rustic constabulary could muster a sufficient force to save Hornby's domicile from sack and destruction. All the windows were, however, smashed, and that the mob felt was something at all events.

Burton profited by the painful ordeal to which he had, primarily through his own thoughtlessness, been exposed, and came in a few years to be regarded as one of the most prosperous yeomen-farmers of Yorkshire. Mr. Frank Symonds' union with Elizabeth Burton was in due time solemnized; Mr. Wilberforce, the then popular member for the West Riding, I remember hearing, stood sponsor to their eldest born; and Mary McGrath passed the remainder of her life in the service of the family her testimony had saved from disgrace and ruin.

Mr. James Hornby disappeared from Yorkshire immediately after the trial, and, except through his business agents, was not again heard of till the catastrophe at the Brunswick Theatre, where he perished. He died penitent, after expressing to Mr. Frank Symonds, for whom he had sent, his deep sorrow for the evil deed he had planned, and, but for a merciful interposition, would have accomplished. As a proof of the sincerity of his repentance, he bequeathed the bulk of his property to Mrs. Symonds, the daughter of the man he had pursued with such savage and relentless hate!

THE REFUGEE.

The events which I am about to relate occurred towards the close of the last century, some time before I was called to the bar, and do not therefore in strictness fall within my own experiences as a barrister. Still, as they came to my knowledge with much greater completeness than if I had been only professionally engaged to assist in the catastrophe of the drama through which they are evolved, and, as I conceive, throw a strong light upon the practical working of our criminal jurisprudence, a brief page of these slight leaves may not inappropriately record them.

About the time I have indicated, a Mrs. Rushton, the widow of a gentleman of commercial opulence, resided in Upper Harley Street, Cavendish Square. She was a woman of "family," and by her marriage had greatly lowered herself, in her relatives' opinion, by a union with a person who, however wealthy and otherwise honorable, was so entirely the architect of his own fortunes--owed all that he possessed so immediately to his own skill, sagacity, and perseverance--that there was an unpleasant rumor abroad about his widowed mother being indebted to her son's success in business for having passed the last ten years of her life in ease and competence. Mr. Rushton had left his widow a handsome annuity, and to his and her only son a well-invested income of upwards of seven thousand a year. Since the death of her husband, Mrs. Rushton, who inherited quite her full share of family pride, if nothing else, had sought by every method she could devise to re-enter the charmed circle from which her union with a city merchant had excluded her. The most effectual mode of accomplishing her purpose was, she knew, to bring about a marriage between her son and a lady who would not be indisposed to accept of wealth and a well-appointed establishment in Mayfair as a set-off against birth and high connection.

Arthur Rushton, at this time between two and three-and-twenty years of age, was a mild, retiring, rather shy person, and endowed with a tenderness of disposition, of which the tranquil depths had not as yet been ruffled by the faintest breath of passion. His mother possessed almost unbounded influence over him; and he ever listened with a smile, a languid, half-disdainful one, to her eager speculations upon the numerous eligible matches that would present themselves the instant the "season" and their new establishment in Mayfair--of which the decoration and furnishing engaged all her available time and attention--enabled them to open the campaign with effect. Arthur Rushton and myself had been college companions, and our friendly intimacy continued for several years afterwards. At this period especially we were very cordial and unreserved in our intercourse with each other.