The Trial [109]
His voice was earnest, distinct, and firm, and his eyes were raised upwards, as though he were making the plea of 'Not Guilty' not to man alone, but to the Judge of all the earth. The officer of the court informed him of his right to challenge any of the jury, as they were called over by name; and as each came to be sworn, he looked full and steadily at each face, more than one of which was known to him by sight, as if he were committing his cause into their hands. He declined to challenge; and then crossing his arms on his breast, cast down his eyes, and thus retained them through the greater part of the trial. The jurymen were then sworn in, and charged with the issue; and the counsel for the prosecution opened the case, speaking more as if in pity than indignation, as he sketched the history, which it was his painful duty to establish. He described how Mr. Axworthy, having spent the more active years of his life in foreign trade, had finally returned to pass his old age among his relatives; and had taken to assist him in his business a great-nephew, and latterly another youth in the same degree of relation, the son of his late niece--the prisoner, who on leaving school had been taken into his uncle's office, lodged in the house, and became one of the family. It would, however, be shown by witnesses that the situation had been extremely irksome to the young man; and that he had not been in it many months before he had expressed his intention of absconding, provided he could obtain the means of making his way in one of the colonies. Then followed a summary of the deductions resulting from the evidence about to be adduced, and which carried upon its face the inference that the absence of the cousin, the remoteness of the room, the sight of a large sum of money, and the helplessness of the old man, had proved temptations too strong for a fiery and impatient youth, long fretted by the restraints of his situation, and had conducted him to violence, robbery, and flight. It was a case that could not be regarded without great regret and compassion; but the gentlemen of the jury must bear in mind in their investigation, that pity must not be permitted to distort the facts, which he feared were only too obvious. The speech was infinitely more telling from its fair and commiserating tone towards the prisoner; and the impression that it carried, not that he was to be persecuted by having the crime fastened on him, but that truth must be sought out at all hazards. 'Even he is sorry for Leonard! I don't hate him as I thought I should,' whispered Gertrude May, to her elder sister. The first witness was, as before, the young maid-servant, Anne Ellis, who described her first discovery of the body; and on farther interrogation, the situation of the room, distant from those of the servants, and out of hearing--also her master's ordinary condition of feebleness. She had observed nothing in the room, or on the table, but knew the window was open, since she had run to it, and screamed for help, upon which Master Hardy had come to her aid. Leonard's counsel then elicited from her how low the window was, and how easily it could be entered from without. James Hardy corroborated all this, giving a more minute account of the state of the room; and telling of his going to call the young gentlemen, and finding the open passage window and empty bed-room. The passage window would naturally be closed at night; and there was no reason to suppose that Mr. Ward would be absent. The bag shown to him was one that had originally been made for the keeping of cash, but latterly had been used for samples of grain, and he had last seen it in the office. The counsel for the prisoner inquired what had been on the table at Hardy's first entrance; but to this the witness could not swear, except that the lamp was burning, and that there were no signs of disorder, nor was the dress of the deceased disarranged. He had seen his master put receipts, and make memorandums, in a large, black, silver-clasped pocket-book, but had never handled it, and could not swear