The Trial [116]
has been committed is unhappily too certain. I make no attempt to unravel the mystery. I confine myself to the far more grateful task of demonstrating, that to fasten the imputation on the accused, would be to overlook a complication of inconsistencies, all explained by his own account of himself, but utterly inexplicable on the hypothesis of his guilt. 'Circumstantial evidence is universally acknowledged to be perilous ground for a conviction; and I never saw a case in which it was more manifestly delusive than in the present, bearing at first an imposing and formidable aspect, but on examination, confuted in every detail. Most assuredly,' continued the counsel, his voice becoming doubly earnest, 'while there is even the possibility of innocence, it becomes incumbent on you, gentlemen of the jury, to consider well the fearful consequences of a decision in a matter of life or death--a decision for which there can be no reversal. The facts that have come to light are manifestly incomplete. Another link in the chain has yet to be added; and when it shall come forth, how will it be if it should establish the guiltlessness of the prisoner too late? Too late, when a young life of high promise, and linked by close family ties, and by bonds of ardent friendship with so many, has been quenched in shame and disgrace, for a crime to which he may be an utter stranger. 'The extinction of the light in that upper window was the sign for darkness and horror to descend on the mill! Here is the light of life still burning, but a breath of yours can extinguish it in utter gloom, and then who may rekindle it! Nay, the revelation of events that would make the transactions of that fatal night clear as the noonday, would never avail to rekindle the lamp, that may yet, I trust, shine forth to the world--the clearer, it may be, from the unmerited imputations, which it has been my part to combat, and of which his entire life is a confutation.' Mrs. Pugh was sobbing under her veil; Gertrude felt the cause won. Tom noiselessly clapped the orator behind his brother's back, and nodded his approval to his father. Even Leonard lifted up his face, and shot across a look, as if he felt deliverance near after the weary day, that seemed to have been a lifetime already, though the sunbeams were only beginning to fall high and yellow on the ceiling, through the heated stifling atmosphere, heavy with anxiety and suspense. Doctor May was thinking of the meeting after the acquittal, of the telegram to Stoneborough, of the sister's revival, and of Ethel's greeting. Still the judge had to sum up; and all eyes turned on him, knowing that the fate of the accused would probably depend on the colouring that the facts adduced would assume in his hands. Flora, who met him in society, was struck by the grave and melancholy bracing, as it were, of the countenance, that she had seen as kindly and bright as her father's; and the deep, full voice, sad rather than stern, the very tone of which conveyed to every mind how heavy was the responsibility of justice and impartiality. In effect, the very force of the persuasions made for the defence, unanswered by the prosecution, rendered it needful for him to give full weight to the evidence for the other side; namely, the prisoner's evident impatience of his position, and premeditated flight, the coincidence of the times, the being the last person seen to enter the room, and with the very weapon that had been the instrument of the crime; the probability that the deceased had himself opened the drawer, the open window, the flight, and the missing sum being found on his person, the allegation that the receipt would be found in the pocket-book, unsupported by any testimony as to the practice of the deceased; the strangeness of leaving the premises so much too early for the train, and, by his own account, leaving a person prowling in the court, close to his uncle's window. No opinion was given; but there was something that gave a sense that the judge felt it a crushing weight of evidence. Yet so minutely was every point