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Chapter 42 The Second Day
The court had been very full on the first day of the trial, but on the following morning it was even more crowded, so that outsiders who had no friend connected with justice, had hardly a chance of hearing or seeing anything. Many of the circumstances of the case had long been known to the public, but matters of new and of peculiar interest had been elicited,— the distinct promise made by the woman to marry another man, so as to render her existing husband safe in his bigamy by committing bigamy herself,— the payment to these people by Caldigate of an immense sum of money,— the fact that they two had lived together in Australia whether married or not;— all this, which had now been acknowledged on both sides, added to the romance of the occasion. While it could hardly be doubted, on the one side, that Caldigate had married the woman,— so strong was the evidence,— it could not be at all doubted, on the other side, that the accusation had been planned with the view of raising money, and had been the result of a base conspiracy. And then there was the additional marvel, that though the money had been paid,— the whole sum demanded,— yet the trial was carried on. The general feeling was exactly that which Robert Bolton had attributed to the jury. People did believe that there had been a marriage, but trusted nevertheless that Caldigate might be acquitted,— so that his recent marriage might be established. No doubt there was a feeling with many that anything done in the wilds of Australia ought not ‘to count’ here at home in England.

Caldigate with his father was in court a little before ten, and at that hour punctually the trial was recommenced. The first business was the examination of Adamson, who was quite clear as to the marriage. He had been concerned with Crinkett in money operations for many years, and had been asked by him to be present simply as a witness. He had never been particularly intimate with Caldigate, and had had little or nothing to do with him afterwards. He was cross-examined by the second gentleman, but was not subjected to much annoyance. He had put what little money he possessed into the Polyeuka mine, and had come over to England because he had thought that, by so doing, he might perhaps get a portion of his money back. Had there been a conspiracy, and was he one of the conspirators? Well, he rather thought that there had been a conspiracy, and that he was one of the conspirators. But then he had only conspired to get what he thought to be his own. He had lost everything in the Polyeuka mine; and as the gentleman no doubt had married the lady, he thought he might as well come forward,— and that perhaps in that way he would get his money. He did not mind saying that he had received a couple of thousand pounds, which was half what he had put into Polyeuka He hoped that, after paying all his expenses, he would be able to start again at the diggings with something above a thousand. This was all straight sailing. The purpose which he had in view was so manifest that it had hardly been worth while to ask him the questions.

Anna Young was the next, and she encountered the sweet courtesies of Sir John Joram. These sweet courtesies were prolonged for above an hour, and were not apparently very sweet to Miss Young. Of the witnesses hitherto examined she was the worst. She had been flippantly confident in her memories of the marriage ceremony when questioned on behalf of the prosecution, but had forgotten everything in reference to her friend’s subsequent married life. She had forgotten even her own life, and did not quite know where she had lived. And at last she positively refused to answer questions though they were asked with the most engaging civility. She said that, ‘Of course a lady had affairs which she could not tell to everybody.’ ‘No, she didn’t mean lovers;— she didn’t care for the men at all.’ ‘Yes; she did mean money. She had done a little mining, and hoped to do a little more.’ ‘She was to have a thousand pounds and her expenses, but she hadn’t got the money yet,’— and so on. Probably of all the witnesses yet examined Miss Young had amused the court the most.

There were many others, no doubt necessary for the case, but hardly necessary for the telling of the story. Captain Munday was there, the captain of the Goldfinder, who spoke of Caldigate’s conduct on board, and of his own belief that they two were engaged when they left the ship. ‘As we are prepared to acknowledge that there was an engagement, I do not think that we need trouble you, Captain Munday,’ said Sir John. ‘We only deny the marriage.’ Then the cheque for twenty thousand pounds was produced, and clerks from the bank to prove the payment, and the old waiter from the Jericho Coffee-house,— and others, of whom Sir John Joram refused to take any notice whatever. All that had been acknowledged. Of course the money had been paid. Of course the intimacy had existed. No doubt there had been those interviews both at Folking and up in London. But had there ever been a marriage in that tent at Ahalala? That, and that only, was the point to which Sir John Joram found it necessary to give attention.

A slight interval was allowed for lunch, and then Sir John rose to begin his speech. It was felt on all sides that his speech was to be the great affair of the trial. Would he be able so to represent these witnesses as to make a jury believe that they had sworn falsely, and that the undoubted and acknowledged conspiracy to raise money had been concocted without any basis of truth? There was a quarter of an hour during which the father remained with his son in the precincts of the prison, and then the judge and the lawyers, and all they whose places were assured to them trooped back into court. They who were less privileged had fed themselves with pocketed sandwiches not caring to risk the loss of their seats.

Sir John Joram began by holding, extended in his fingers towards the jury, the envelope which had undoubtedly been addressed by Caldigate to ‘Mrs. Caldigate, Ahalala, Nobble,’ and in which a certain letter had been stated to have been sent by him to her. ‘The words written on that envelope,’ said he, ‘are to my mind the strongest evidence I have ever met of the folly to which a man may be reduced by the softness of feminine intercourse. I acknowledge, on the part of my client, that he wrote these words. I acknowledge that if a man could make a woman his wife by so describing her on a morsel of paper, this man would have made this woman his wife. I acknowledge so much, though I do not acknowledge, though I deny, that any letter was ever sent to this woman in the envelope which I hold in my hand. His own story is that he wrote those words at a moment of soft and foolish confidence, when they two together were talking of a future marriage,— a marriage which no doubt was contemplated, and which probably had been promised. Then he wrote the address, showing the woman the name which would be hers should they ever be married;— and she has craftily kept the document. That is his story. That is my story. Now I must show you why I think it also should be your story. The woman,— I must describe her in this way lest I should do her an injustice by calling her Mrs. Smith, or do my client an injustice by calling her Mrs. Caldigate,— has told you that this envelope, with an enclosure which she produced, reached her at Nobble through the post from Sydney. To that statement I call upon you to give no credit. A letter so sent would, as you have been informed, bear two postmarks, those of Sydney and of Nobble. This envelope bears one only. But that is not all. I shall call before you two gentlemen experienced in affairs of the post-office, and they will tell you that the postmarks on this envelope, both that of the town, Sydney, and that by which the postage stamp is obliterated, are cleaner, finer, and better perceived than they would have been had it passed in ordinary course through the post-office. Letters in the post-office are hurried quickly through the operation of stamping, so that one passing over the other while the stamping ink is still moist, will to some extent blot and blur that with which it has come in contact. He will produce some dozens taken at random, and will show that with them all such has been the case. This blotting, this smudging, is very slight, but it exists; it is always there. He will tell you that this envelope has been stamped as one and alone,— by itself,— with peculiar care;— and I shall ask you to believe that the impression has been procured by fraud in the Sydney post-office. If that be so; if in such a case as this fraud be once discovered, then I say that the whole case will fall to the ground, and that I shall be justified in telling you that no word that you have heard from these four witnes............
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